The New York Herald Newspaper, October 30, 1875, Page 11

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THE COURTS. The Third Pedler Murderer Con- demned To Be Hanged. Important Decisions by the Supreme Court, General Term. Stay of Proceedings Asked for Clark, the Con- vieted Rochester Murderer. Argument inghe Ocean Bank Rob- pbery Case. The Court of Oyer and Terminer, Judge Barrett on the bench, was occupied yesterday with the tridl of Charles Weston, the colored man alleged to be the con- federate of the two colored men, Ellis and Thompson, in the murder of Abraham Weilsburg, the pedler, at Lydig’s Woods, near West Farms, on the 17th of last month, who, on Thursday, were tried and conyicted of the crime and sentenced to be hanged, Messrs. Will- jam F. Kintzing and John 0, Mott, who had been as- signed to defend the three, acted as his counsel, while the prosecution was conducted by Dis- trict Attorney Phelps and his assistant, Mr. Lyon, Only a short time was required in getting a jury, and then pretty much the same wit- nesses were examined as on the previous day, and, of course, each giving the same testimony. The sad details of the terrible tragedy lost somewhat their force through repetition, but it is very certain that more hor- rible details of a more horrible murder have been rarely given in a court room, The strong- est evidence against the prisoner was that of Captain Hedden, who stated that after being arrested he con- fessed to the pocketbook found in his possession hay- ing been taken from the murdered man; that he divided the money himself between the threo; and as to the papers of the deceased, that he tore them up, as they were no good to them. Meantime all throughout Wes- ton was as impassively cool as his confederates in crime. As the case, however, presented some features somewhat different from the others, counsel summed up on both sides, Mr. Mott making as effective an argument for the accused as was possibie under the circumstances, and Mr. Phelps showing in the clearest terms the guilt of the prisoner. The charge of Judge Barrett was brief but pointed and conclusive us to the prisoner's guilt, The jury was, absent but a few minutes and then returned with a verdict of guilty of murder inthe first degree. A most impressive sentence was that passed by Judge Barrett. He told the prisoner that he planned the terrible murder, that he incited his confederates to the commission of the atrocious deed, and that, alto- bes he was the most guilty of the three. If he ud been associated with then in the murder he thought it proper that he should suffer with them tho penalty, After cautioning him to abandon ali hope of any intert¢rence on the part of the courts, he sen- tenced him to be hanged on the 17th of December next, With the coolest imaginable indifference the prisoner listened to the sentence and to the subsequent reading of the Sheriffs commitment. b: Mr. Kintzing eloquently urged astay of judgment on the grounds of his challenge to the array of jurors and the alleged want of the jurisdiction of the Court, but there was no help for the condemned man. Judge Barrett was inexorable and passed the dreadful sen- tence, bear tet band prisoner to the gallows, Judge Bargett thanked the jury and it was a relief to every one present—and the court room remained crowded to the last—when all was over. As for the doomed wretch, he jumped up briskly at a touch of the deputy sheriff and walked out of the court room with, as faras any expression of his countenance gave to. ken of his nner feelings, the immobility of granite. : GENERAL TERM—DECISIONS, A batch of decisions was handed in yesterday by the Supreme Court, General Term, Judges, being mainly of cases argued during the present term, As the facts in all the iniportant cases were given at the time of the trials in the Herap, wo only give ab- stracts of those opinions possessing points of special interest. In the suit brought by Margaret Dietrich, to recover from the city tax paid on a wrong lot through a mis- take of the clerk fh the tax burcau, a new trial has been ordered. Judge Brady, writing the opinion, holds that the case is determined by decisions in the court of last resort, affecting the right of the payer to recover in cases of mistake arising from want of care by city off- cials, It has been determined that William N. Leon, against whom charges of improper professional conduct were proferred, was guilty of such charges, and his name has acovrdingly been ordered to be stricken from the roll of attorneys. In the case where Rachel J. Ainsworth obtained a policy on the life of her husband and secured six per cent of the amouut to William W. Backus, with the un- derstanding that he should keep the policy alive for the benefit of herself and family, but which he failed to do, thus permitting a forteiture of the policy, and in which Mrs, Amsworth sought, although her husband is still living, to recover the value of the polity to indemnify her for the damages sustained by reason of the for- . feiture, a now trial has been ordered. In the court low the complaint was dismissed, which judgment 48 erroneous. » One of the most interesting decisions rendered was with reference to the application of the Harlem Presby- terian Church, the Church of the Holy Sepulchre, the | Second Avenue M. E. Church, to have taxes upon their | church property respectively vacated, the Court holds, Judge Daniét writing the opinion, that the statute of 1840, limiting the assessment of one-balf the amount does not Spply to non-taxabie property, but the pre- vious statutes do, and therefore directs that tho orders | in these cases be reversed. The original orders vacated the assessments, By the present decision of the Court tlie assessments must be paid, The Court affirms the decision of the Court below, granting receiver and appointing a receiver in the suit of Heatherton vs. Hastings. This will be rememberod as a suit rowing ‘out of partnership difficulties con- nected with doing the plumbing work of the new Post Office, but more particu! ay, as :h given rise to the memorable onslaught made by Mr. Ira Shafer, one of | the counsel, on Judges Davis and Daniels, In the in which an assessment on Michael Casey for setting curb and gutter stones on First avenue, was vacated in the Court below on the ground that a por- tion of the property to be assessed had been omitted, the judgment is affirmed at he Board of Assessors directed to make a new assessment. Judge Froedman, of the Superior Court, fined Aaron Jacobs and committed him for non-payment of the fine. He was discharged by Judge Freedman because one matter was covered by the fine for which Jacobs was not responsible. The latter order is now reversed on the ground that the one error did not vitiate it. Reviewal of judgment and a further hearing are ordered in the case of Clara M. Penguet, who paid-an assessment which was vacated by the Court below on the ground that there had not been a proper publica- uon. CLARK, THE CONDEMNED MURDERER. In the case of John Clark, recently tried in the Court of Oyer and Terminer in Monroe county tor the alleged murder of John Trevor, on the 2d of July last, in the city of Rochester, by shooting him, which trial resulted in his conviction and sentence to be executed on the 5th of next month, a motion was made yesterday before Judge Brady, of the Supreme Court, for a stay of pro- ceedings, Messrs, William F, Howo and Colonel Wile, of Rochester, appearing for the motion and District Gan Raines, of Monroe county, appearing in oppo- ition, Upon the question of motive, Judgo Smith, who heard the trial, Mr, Howe insisted, erroneously ad- mitted evidence that the prisoner had so fur back as 1864 shot another person in Rochester, and also as to places at which the priapner had been since the date named. He claimed that in the appellate Court the judgment would be reversed through the admission of such illegal testimony. He made a very lengthy argu- ment, raising various other points and citing copious authorities in their support. In answer Mr, Raines insisted that upon the question of motivo, although it involved acts of the previous ten years, the testimony of the previous shooting was co1 yetent. He also contended that the testimony as to the whereabouts of the prisoner after such prior shooting was likewise competent. He combated stren- uously il the points raised and was likewise prolific in his citation of ferron {comets | his views, Judge Brady stated that, while he fully believed that the sentences of courts should be promptly carried out, yet if any testimony had been admitted on «trial in which human life was involved of the legality of which there was any reasonable doubt, the prisoner was en- titled to the benefit of that doubt to such an extent as to have the matter reviewed by an appellate Court, He said he would give his decision on Monday, THE OCEAN BANK CASE, In the United States Circuit Court the argument was fad yesterday, before Judge Wallace, in the suit of Samuel M, Archer against the defunct Occan Bank, for the recoyery of about $11,700 deposited with the de+ fendants previous to the robbery. The plaintiff's case is, briefly stated, based on the theory that the officers of the bank did not use due diligence to protect the property of the plaintiff Mr. F. N. Bangs summed up for the defence, arguing that at the time of the robbery the goods were not in the pepe of his clients as collaterals for loans made, and, therefore, that the defendants were not lable. Mr. M. South: worth, for the plaintiff, followed, and made a vi Ty ex- hanstive ment, reviewing the evidence already published HERALD, and in support of the claim fet up that due diligence bad not been observed by the NEW YORK HERALD, SATURDAY, OCYUBER 30, 1875—TRIPLE SHEE}. officials of the bank to protect their own property and that of their depositors. Judge Wi “ay charging the jury, drew the be tinction in law between a gratuiious bailee and ! pledgee. The great question tor the Ht ng t to determine was whether the defendants had yews the inti! their custody as gratuitous joes. dn Rens ithis duty to charge them that the plainti was not entitled to recov If, however, they found the defendants occupying the position of pledges, then it would be for the jury, in arriving at a conclusion, to carefully consider all the facts bearing upon the efforts of the defendants to protect the property of the ledgor. They must consider the condition the Ge vaults, the relation of the police and the watch- man to the case; in short, they must determine whether defendants exercised that diligence usually practised by a careful business man. It was not the in- tention of the law that a pledgee should use all the ap- pliances of science to protect the property of the pledgor, but merely such precautions as a business man would resort to in order to protect his own property. If the jury found that the defendants as pledgees had exercised due caution they must find for the defend- ants, ‘Atthe conclusion of the charge the jury were excused until Monday, when they will deliberate upon the evi- dence and render their verdict, * THE DES ANGES .TRIAL. The trial of ex-Deputy Collector Des Anges for com- plicity in the smuggling of silks into this port was con- tinued yesterday before Judge Benedict in the United States CircuimCourt. A clerk in the Appraiser’s De- partment, W. P. McPherson by name, testified as to his examination of several cases of the cotton goods, which, it is alleged, Des Anges ordered to be sent to the Appraiser’s ‘office for examination—samples of what proved to be imported silks. On cross-exami- nation the witness admitted that he only examined the first and second layers of these cases, and, therefore, could not swear that there were no silk goods in the cases. H. B. Hoyt, oxaminer in the Appraiser’s department, testified that he examined some of the goods by sam: ple, and that the cases contained corsets and other cot- ton fabrics, A clerk, named R. M. Gray, who was in the Custom House in 1878 and 1874, test! fled that sev- eral of these cases were entered for Charles G, Law- rence; but on cross-examination he failed to show that they were passed in defendant's presence. James M. Simpson, examiner in the seizure department of the Custom House, examined some of the cases in question and they contained silk and cotton goods which were appraised at $40,147, D. F. Phelps, one of the deputy collectors in the Cus- tom House, testified that Des Anges’ attention in No- vember last had been called to the name of G. Hess on certain entries being written by different persons, and that Des Anges in January last passed for G. Bam- berger three cases of ‘goods, Witness —iden- tifled the prisoner’s signature on several entries, and invoices for cases upon which fraud is charged. On cross-examination witness claimed a large share of the credit of discovering the frauds, and mentioned that in January last, in the case of eight cases of cards, invoiced to Freeman & Powell, Des Anges ordered all of the cases to be exam- ined when informed that Lawrence was on the import bonds. The cases wore invoiced as cotton goods, but itappeared that they contained silk as well. The Court here adjourned until Monday, owing to the illness of Des Anges’ counsel. “AROUND THE WORLD IN EIGHTY DAYS.” Before Judge Curtis, of the Superior Court, an appli- cation for modification of the injunction in the case of 1, H, French’ et al. vs. J. H. Connelly et al. was ar- gued yesterday afternoon by Mr, Edward Patterson, counsel for defendants, and W. D. Booth, plain: tls attorney. ‘The’ former argued that tho laintif’s claim under the common law had peen nullified by publication, in whole and in part, of the piece which they claimed to own, but which was not the play produced by them at the Academy of Music; furthermore, that defendants? play was an original work, not in any way stolen from that of the plaintiffs, and so dissimilar from that work ak toshow nothing beyond a common origin in the same published novel. The Judge took the papers in the case and reserved his decision, DECISIONS. SUPREME COURT—CHAMBERS., By Judge Lawrence. Bunker vs. The Guardian Mutual Life Insurance Com- pany; Matter of Collins; Universal Life Insurance Com- any vs. Coburn; Equitable Life Insurance Company vs. Pagans; Now York Le Insurence sud Trust Company vs. Rowe; Same vs. Same; Bowery Savings Bank vs. Smith; Matter of Hall; Cohen vs Cross; New York Life Insurance and Trust Company vs. Rowe; Jaffray vs. Price; Salmon vs. Gedney.—Granted. Searle vs, Searle.—Motion to vacate or modify order of April 14, 1875, denied with costs, McKee vs. McKee.—Referred to George F. Yeaman, Esq., to take testimony and report what would be rea- sonable allowance to plaintiff for temporary alimony and counsel fee. Pas ed vs. Downing.—Was the motion granted by de- ult Cushing vs. Cushing —Report of referee confirmed and judgment of divorce granted to defendant, with costs, Bailey vs. Felt.—Default having been opened and the case submitted on the merits, | am of the opinion that the answer is frivolous and should be overruled. It is, therefure, so ordered and judgment directed for plain tiff, McCulloch vs. Carr.—The case relied upon by the do- fendant (14 Howard, 408) is not similar to the case herein, As the doctrine announced in that case does not apply, 1 see no reason for vacating the order of ai rest. The defendant inoy move for a reduction of bail if so advised.* Motion denied. Matter of Frank Ennis—Writ dismissed and prisoner remanded. SUPREME COURT—GENERAL TERM. By Judges Davis, Brady and Daniels. Matter of Loew, &c.—Order directed to be made that the name of William N. Loew be stricken from the roll of attorneys and counseliors of this court, and that he be disqualified from practising as such, and that his license be surrendered to the clerk and cancelled. Opimon by Judge Daniels. Ainsworth va Backus.—Judgment reversed, new oe granted, costs to abide event, Opinion by Judge rady. Matter of the petition of Clara M. Peugnet vs. The Muyor, &c.—Order reversed, with $10 costs, besides «usbursements, and order to be entered® directing fur- ther hearing of the case. Opinion by Judge Daniels, Harbison vs. Van Volkenburgh.—Order reversed, with $10 costs, besides disbursements, and motion de- nied. Opinion by Judge Brady. Van Nostrand vs. O’Brien.—Judgment reversed, new trial ordered, costa to abide event. Opinion by Judges Brady and Daniela ppieliiags Walsh et vs. Metvibael ludgment reversed, new trial ordered, costs to defendant to abide the event. Opinion Ms Judges Brady and Daniels. Grout et al, vs. Cooper,—Order reverse with costs to abide the event and with liberty to the ‘plaintifis to amend, Opinions by Judges Davis and Brady, The People ex. rel. Woolf vs. Jacobs.—Order re- versed, with costs and respondent Jacobs remanded to to the Sheriff of New York county. Opinion by Judge Daniels. Baer vs. Leppert and Another.—Judgment set aside, new trial ordered, costs to abide event, Opinion by Judge Daniels, Mechan vs. The Harlem Savings Bank.—Order affirmed, with $10 costs besides disbarsements. Opinion by Judge Daniels. Sheahan or Shanaban,—Judgment affirmed. Opinion by Judge Daniels, Baldwin, &c., vs Smidt.—Judgment and order affirmed. Opinion by Judge Daniels. Heatherton vs. Hastings.—Order affirmed, with $10 costs, besides disbursements, Opinion by Judge Daniels, Matter of the P han of the Harlem Presbyterian church vs. The Mayor, &o,; matter of the petition of the Rector, Church Wardens and Vestrymen of the Church of’ the Holy Sepulchre vs. The Mayor, &c.; matter of the petition of the Second ayenue Metho- dist Episcopal church vs, The Mayor, &c,—Orders re- versed, with $10 costs, besides disbursements and or- ders to be entered denying, with costs. Opinion by Judge Daniels, Matter of the petition of Michacl Casey va. The Mayor, &c.—Order affirmed, with $10 costs, besides disbursements and Leap remitted to Board of Assessors for the purpose of having new and corrected assessment made, Opinion by Judge Daniels, Fairchild vs. Fairchild et al.—Judgment affirmed in all respects, except as to part which relates to the as- signment executed by Mrs. Scribner, as to which, mod- ified so as to direct the sum received to-be paid out of $4,100 interest owned by her at the time of its execu- tion, Opinion by Judge Brady, Ocean House Corporation vs. Cheppee et al.—Order of Special Term affirmed, with $10 costs, besides dis- bursements, Opinion by a Brady. Pierce et al. vs. Cheppee and another.—Same order. Opinion by Judge Brady. Parker, &c., vs. Worth.—Motion to dismiss appeal granted, with’$10 costs, Opinion by Judge Brady, Dietrich vs. the Mayor, &c.—Judgment reversed and new trial ordered, costs to abide event, Opinion by Judge Brady. Mann vs, Van Voorhis et al,—Order affirmed, without costs. Opinion by Judge Daniels, 2 The People ex rel. Steiner and another vs. Anthony.— Motion for new trial denied, Judgment ordered for de- fondant on the verdict, with costs, Opinion by Judge Lawrence. Schielley vs. Dichl.—Order modified, directing a ref- erence to Albert Stickney to ascertain and determine the compensation of the defendant's attorney, Charles Wehle, Order to be settled by Justice Brady. Opinion by Judge Brady. SUPERIOR COURT—SPECIAL TERM. By Judge Curtia, Fletcher vs. Clark et al.—Motion for commission granted, with a stay of fifteen days, and with leave to plaintiff to orally cross-examine the witnesses, Houghwort et al. vs. Garrison et al.—Motion for a stay of plaintif’s Peewee ‘upon a judgment pending on appeal without security denied. Memorarylum, Clark, va. Geery et al.—Motion for a stay pending ap- peal from the judgment demed unless security for the payment of any deficiency that may arise upon a sale is filed in ten days, pursuant to section 838, Code. Ogden vs. Lathrop.—Motion for allowance granted, COMMON PLEAS—SPECIAL TERM, By Judge Larremore, Stewart vs. Colville. —Findings and decree filed. SUMMARY OF LAW CASES, Meyer Hoffmann, Charles C, Brownold and Charles N. Breshfield, charged with fraudulent bankruptcy, wore yesterday held for trial in $20,000 each by United States Commissioner Osborn, Before United States Commissioner Osborn yesterday was arraigned John O’Brien, a clerk in one of Stiner’s tea stores on Eighth avenue, on the charge of passing counterfeit $10 bill of the Poughkeepsie National Bank, It was shown by the testimony of the manager of the Store that it had been received in the course of busi- ness and paid to O’Brien as wages, He was conse- quently discharged, The frst angen | in this county under the law passed at the last session of the Legislature, for the better security of railroad employés, was yesterday commenced against the New York, Boston and Mon- treal Railway Company by a company of twenty-seven laborers employed by that sonnene ‘on their road be- tween High Bridge and Yonkers. These men were re- fused Pf ‘ment for the work they performed, and through their counsel, Elliott F. Shepard, have now filed the requisite notice and become leners upon this Toad and appurtenances, Judge Jobnson, the recently inted successor of the late Judge Woodruff, of th nd Judicial dis- trict, appeared yesterday in the United States Circuit Court and was sworn into office. He was accompanied by Judges Blatebford, Shipman, Wallace and Benedict, the other Judge of the district, Judge Smalley, of Ver- mont, being detained by illness, ‘Ihe commission of Judge Johnéon was read by Mr. Kenneth G. White, the clerk, and the oath of office was administered by Judge Blatchford, Judge Johnson will open court in this city on November 10, to hear contested motions in the Equity branch. Meantime, by an order of the clerk, notes of issue of such motions must be handed in by next Sat . On Tuesday, the 16th of November, Judge Johnson will commence the hearing of the Admiralty appeal calendar, Gridley J. F, Bryant and Arthur Gilman, who were architects, dissolved partnership in 1868, It is alleged that upon a settlement there was found to be due to Bryant the sum ot $5,224, and that he received pay- ment by a draft for $2,000 on one Sheldon and a note for the balance. The draft not having been paid, a suit was bag oa before Chief Justice Monell in the Superior Court. The defendant Gilman admits the making of the note, but avers that the draft forming the basis of the action was made without consideration, and that he agreed to the settlement for no other reason than to prevent Bryant’s attorney from reading te the Senate committee certain letters written by him wherein he severely criticises the Capitol commission at Albany. The Court left the jury to decide the question of con- sideration, and they returned a verdict for the plaintiff for the full amount claimed with interest. In 1870 Richard M, Jordan enlisted in the Seventh regiment of this c.ty. He was then aJerseyman, and is still a Jerseyman. Recently, by a special order, Colonel Emmons Clark directed him to be dropped from the rolls for being a Jerscyman. Application w: made yesterday on Jordan’s behalf before Juage La’ rence, in Supreme Court, Chambers, for a mandamus against Colonel Clark, compelling his restoration to the regiment, he porn raised was merely a question of Jaw, whether a Jerseyman is entitled to serve in the “New York National Guard, and whether, being enlisted, he can be kicked out without process simply because he is a Jerseyman, FIFTY-SEVENTH STREET COURT. Before Judge Kilbreth. LIVELY ROW IN A LIQUOR STORE. Peter Quinn, a member of the Eighth precinct police force, was charged with attompting to shoot Rodger O? Halloran, a liquor dealer, at No. 830 Eighth avenue, on Thursday evening, ©’Halloran is an ex-policeman, and keeps a place in partnership with aman named Ogleby. Quinn, who was appointed a policeman through the influence of Ogleby, went to see the latter on Thursday, it beg his “day off.” He sat down to @ sociable game cards with Thomas Sweeney, another ex-policeman, who was dismissed for swearing falsely before the Police Commissioners as to his age. The game resulted in a row between Sweeney and Quinn, and they came to blows. O'Halloran separated them, and in the excitement that followed 0’Hallo- ran and Quinn struck each other and had a rough-and-tumble around the barroom. Then Quinn drew his revolver, as he says, 0 keep O°Halloran. and Sweeney from renewing their attack upon him, and it was discharged accl- dentally, The testimony adduced during the examina- tion inclined the Court to the belief that the shot was fired intentionally, and Quinn was held in $3,000 bail to answer. Ogleby, O'Halloran and Sweeney were held in $1,000 bail to ay as witnesses at Quinn’s trial in the General Sessions, Counter complaints for assault and battery, which Sweeney and Quinn had made against each otber, were dismissed. 5 COURT OF APPEALS CALENDAR. KN ALBANY, Oct. 29, 1875. Calendat of the Court of Appeals. List of the first fifty cause: Preferred calendar, class No. 1—Criminal actions.— 1. People vs. Evers.’ 2 People vs. Foster. 3 People ys. Mye.& 4 People vs, Murphy. 5. People vs. Ran, 6. People ys. Adams, 7. People vs Godfrey, 8. People vs. McCoart. Preferred calendar, class No, 2—Probate cases, &c.— 9. Rollwagen vs. Rollwagen. 10, Banker vs. Banker. Il. Brick vs. Brick. 12. Doherty vs. Glacken. 13. Chipman vs. Montgomery. Preferred Calendar, Class No. 3—Executors ‘and administrators.—14, Morse vs. Brockett, 15, Morse ys. Brockett, 16, Brockett vs. Morse. 17, Seaver vs. ‘The Mayor. 18. Roderigas vs. The East River Savings Institution, 19. Clark vs. Sickler. 20. Jones vi Smith, 21, Codding vs. Newman. 22. Carter vs. Dolby. 23, Sisnpson vs. McKay. 24 Fraser vs. Wyckoff. 25. Thompson vs. Smith. 26. Hawley vs. Sackett. 27. Arnold vs. Nicholls, 28. Alker vs. Solomon, 29. Abercrombie vs. Holden, 30. Cox vs, New York Central and Hudson River Railroad Company, 31. Wood vs. Fisk, 32. Geery vs. The United States Life Insuranoc Company. 34. Cardot vs. Barney. 35. Morrison vs. The New York Central and Hudson er Railroad MS cag 36, Gibson vs, The Erie Railroad Company. 37. Gilman vs. Gilman. 38, Graves vs, Stewart, 39 Brownson vs. Chapman. 40. Smith vs. The Watertown Fire In- surance Company. 41. Burgher vs. Hughes. 42. Clear- water vs. Brill. 43. The People ex rel. Howlett vs. The Mayor. 44 The Bowery National Bank vs. The Mayor 45. The People ex rel. Bowen vs. Jones. 46. The People vs. Wasson. 47. Coulter vs. The Board of Education. _ 48, The Tenth National Bank vs. The Mayor. 49. The People ex rel. The Tenth National Bank vs. Thé Board of Apportionment. 50, Demarest vs. Wickham, The first eight causes will constitute the calendar for Tuesday, November 9, on which day the Court meets, and which will be a motion day. These first eight causes cannot, under the rule, be stipulated over. BROOKLYN CRIMINALS INDICTED. ‘The Grand Jury yesterday presented indictments in thie Kings County Court of Sessions in the following cases:—James Kane, for burglary; Jobn A. Schmidt, grand larceny; Frank Swift, false pretences; Samuel Farrell, grand larceny from dwelling; Joseph Carroll and James Ryan, burglary; James Gardener, William Ohison and John Gorman, grand larceny; Edward lark, burglary; Walter Thompson, grand’ larceny; Patrick Whitelaw, burglary; George Brown, grand lar- Patrick Metnuery, burglary; James Groves, George Kutscher, for ™ two indictments; lakoeny. The prisoners pleaded ceny; rape; Daniel Sullivan, grand not guilty. M'CULLOCH’S TRIAL, THE TRIAL ENDED—DECISION RESERVED. The case of Captain McCulloch, of the Seventeenth precinct, was up before the Board of Police Commis- sioners yesterday for the last time. A. Oukey Hall ap- peared for the defence and Counsellor Mclean repre- sented the prosecution. % Z Tho first witness called by Mr. Twohy was Captain Irving, who testified to having no knowledge of the matter at issue, Colonel Kerrigan, the contumacious witnoss, took the stand when his name was called and respectfully answered all questions asked. He stated that he knew nothing that would implicate Cap- tain McCulloch in the assault made on Twohy. The witness then related an interview which he had with McCulloch a few nights previous; the latter cordially saluted him and created the impres- sion in the mind of the witness that he (McCulloch) wished to influence his testimony; among other things McCulloch said that he would pay all the counsel fees of the witness in his contempt case; Kerrigan disclaimed having been influenced in the slightest degree by such interview, On cross-examination the witness testified to having heard Twohy make use of profane languago when denouncing McCulloch; the witness stated that a certain detective, whuse name he would withhold, could connect McCulloch with, the assault on Twohy. The latter said Detective Eldemwas the man, and that officer was summoned. He testified that he knew absolutely nothing about the affair except what he had heard and read. For the defence Sergeant Shultz was put on the stand and testified with relation ‘le | assault on Twohy. The witness was in command of tle Twenty-ninth pre- cinet station house when Twohy and his assailant were brought in by the officer; each made a charge inst theother for assault and battery; both were released on bail bond, approved by the then Police Commiasioner Gardner, who was present in the station houve; the Captain was also present, but gave no orders with ref- erence to the prisoners. ‘The defendant was next called and testified at length, goipg over the various fications in the charge an ronouncing each and all unfounded in pointof fact, fi answer to the charge that he bad failed to break up gambling and panel houses in the Twenty-ninth pre- cinct, during his service there of sixteen months, Captain McCulloch submitted a list of thirty of the former and thirteen of the latter which he had raided during that time; on the night of the assault on Twohy he had been visiting with his wife, and knew nothing whatever of the assault until bearing of it at the station house; he had never, directly or indirectly, influenced any person to mol 'wohy. After some further testimony by the defendant the case was declared closed, the decision being reserved, AN ARISTOCRATIO EORGER. © William Garland, alias Mason, ® young man of aristo- cratic appearance, and who js closely related to wealthy families in Boston and tho New Engiand State yesterday arraigned before Judge Morgan, at the Wash. ington Place Police Court, on a charge of forgery. On August 28 last he conveyed, with a forged mortgage for $3,800, a piece of real estate owned by Samnel Suil- vs. Geery. 33. Cushman | ings, of No. 32 G street, Boston, and obtaining the money on it from a Boston broker, fled to this city. He had been living since then in stylish apartments At No 217 East 125th street, until Detective Kealy, of the Central Office, arrested him at his residence on Thurs- day vight. In Court Garland appeared to be deeply penitent, and stated that his relatives in Boston would settle the matter with Mr. Stillngs. Judge Morgan held him to await a requisition from Governor Gaston, of Massachusetts, THE SWATARA’S MISSION. et ES THE SOUTHERN EXILES IN BRAZIL TO BE BROUGHT HOME BY THE GOVERNMENT—AC- COMMODATIONS OF THE CORVETTE FOR PAS- SENGERS-—HER PROPOSED VISIT TO SOUTH AMERICAN PORTS, = * As has already beei stated in the Herato, fina; orders have been received by Commander A. P. Cooke, from the Navy Department, for the United States cor- vette Swatara, 10 guns, to proceed to Para, Brazil, on special service, and the ship will sail this morning for her port of destination. For the past two days officers and men have been very busy taking on board stores and making final preparations for thé interesting cruise, As she is going on somewhat peculiar service for a man-of-war many articles not usually included in a regular outfit have been added to her stores, and she sails perfectly prepared for the duty she is expected to perform. As is well known, a large number of South- ern families determined at the close of tne war to seek & retreat in Brazil, where, under a flag and government totally unlike that of the United States, they proposed to pass the remainder of their days and build up for themselves new fortunes and homes, striving only to forget that they were once American citizens and that they ever lived under the Stars and Stripes, Designing speculators artfully drew charming pictures of the Arcadian delights of Brazil, a land literally flowing with milk and honey and only awaiting the presence of the self-made exiles to become a veritablo paradise, These spe- cious representations were hardly necessary, however, © induce numbers of Southern people, embittered by 1 e result of the late war, to venture their fortunes and h esimastrange land, Brazil promised better than any other country as a place of refuge for these dis- satisfied poople, and to that far off land they embarked in colonies, ‘The result of ten years’ experience in those parts has completely disenchanted the colonists; many died, all suffered, and quite a number, who were fortunately in funds or who had friends to’ aid them, gave up the missionary schome and returned to the United States, happy to find shelter in their native land again, Others, less fortunate, being impoverished, could not retrace their steps, and were compelled to remain m Brazil, undergoing distress and all the pangs of penury and want, Many have died, most have been stricken with fevers or otber sick- ness peculiar to the country, and all were anxious to return to their native shores never to ape ugain, To our Minister in Brazil and our Consuls they have made their complaints, but unfortunately those officials had no power to afford assistance. They could only report the facts to the government and await the action of the superior authorities, Finally this action has been taken, and the government has ordered the Swatara, a government vessel, to be sent to Brazil to bring home our suffering countrymen. Captain Cooke's orders are to procced to Para and other ports in South Atmenica, and offer free passage to the United States to such indigent American citizens and their families as may require the same, and to-day he sails out upon bis humane mission, Its understood that about 130 men, women and children are at Para awaiting means to return home. In Venezuela a few others are lookin, for succor. They will all be brought North and landei at,Port Royal, 8. C. The Swatara is a man-of-war and not a passenger ship, and she has very meagre accom- modations for this addition to her numbers, But as her course home will lie in tropical or semi-tropical latitudes her passengers will not be likely to sufer from the cold. In ordinary weather accommodations can be fixed for them on deck where air is plenty, at least, and, as to the subsistence, no difficulty will’ be be found {n supplying them with an abundance of good, well cooked food, Breciett like that which keeps our blue jackets in such excellent health. The kind hearted officers and men of the ship, animated by the most generous sentiments, will see to it that the women and delicate children are as agreeably and cotnfortably cared for as circumstances will admit, Everything, indeed that the ship’s people can do to make the homewar voyage satisiactory and pleasant to the wanderers will be done, The Swatara proceeds direct to Para, which lies almost under the Equator, and a place so warm that her sojourn there will be as briet as wesible, From that ort, with her passengers, she will proceed to Jemerara, British Guiana and thence to Laguayra, Venezuela, touching at intermediate ports. At La- ayra she will communicate with the United States jinister at Caracas, and observe, if necessary, the pro- gress of events connected with the hostile relations ex- isting between Holland and the Republic of Venezuela. In case of hostilities, and providing the United States Minister should require her presence to protect American interests she will remain for the time being; but as that unpleasant contingency is not thought likely to present itself, it is deemed prob- able that sho will not be delayed there long, but will sail for home, touching only at Port au Prince, where mails may reach her, The duration of her voyage will hardly exceed.one hundred days, and about the 18th of February the good ship may be expected at Port Royal, S.C. The Swatara, albeit she is strangely crowde with very skittish locomotive boilers, can run off her twelve or fourteen knots under tavorable circum- stances, and can make fair passages if need be. The following is a full and correct list of her officers:— Commander—A, P. Cooke, commanding. Lieulenant Commander and Executive Oficer—H. C. White. Lieutenant and Navigator—Georgo M. Totten. Liewtenants—W. McCarty Little, Ro M. G. Brown, John P. Merrill, T. M. Eltang. Master—Theodore Porter. ymaster—G. H. Reed. i . A. Wilson; Past, ©. H. Man- t, J. A. Tobin, Sur }—Edward Kershner. Assistant Surgeon—E. H. Greon. Lieutenant of Marines—C. Porter. Midshipmen—George Stoney, R. Hunt, H. J. Hunt, C. M. McCartenny, F. M. Coftin, Gunner—C, C, Neil. Boatswain—W. A. Cooper. Sailmaker—Jobn Martin. Carpenter—Peter Ward. Pay Clerk—W. B. Moore. . Captain's Clerk—E. F. Sole: SAD SHOOTING ACCIDENT. John Hoffman and Henry Held, both residing at No. 277 Johnson avenue, Brooklyn, went snipe shooting yesterday in the Jamaica woods, and, while walking aiong, Hoffman struck his gun against a tree, firing it off and sending the whole charge into the mouth of Held. He obtained medical assistance as speedily as possible, and, when it was found the whole upper jaw had been shot away and that the charge, lodging in the back of the neck and throat, had rendered the injuries fatal, Hoff- | man attempted to shoot himself with the other charge in his double-barreled fowling piece. A bystander, how- ever, changed the course of the piece, and it was dis- } Charged harmlessly. Hoffman was given into the hands of the police until the excitement had subsided, Held was engaged to marry Hoffman's sister during the coming week. He was removed to the Eastern District Hospital, whore he now lies, rr, ee LEGAL NOTICES. \HANCERY NOTICE TO JAMES BYERS OR HIS ) heirs and next of kin.—Pursuant to a decree of the Conrt of Chancery of the Province of Ontario, in a cause of Byers against Byers, James Byers, formerly of the parish of Mannah Cross, in the county of Fermanagh, Ireland, if liv- ing. or, if dead, his heirs and next of kin, are required to come in and prove their claims to share in ihe estate of William Alex. Byers, late of the city of Toronto, merchant, deceased (a brother ofthe said James Byers) in question in’ the said suit, on the 7th day of January, 1876, or before if so advised, before ine, the undersigned, Master in Ordinary of the said Court, at iny chambers, Osigoode Hall, in tho ald city of To- ronto and Province aforesaid, or, in Wefault thereof, he and they will be peremptorily excluded the benefit of the ald do- Dated 28th August, 1875, PURSUANT TO AN ORDER OF THE CoURT OF ancery of the county Palatino of Lancaster, mado In the matter of the estate of John French, late of Liverpool, in the county of Lanvaster, and also of Liscard, in the gounty of Chester Porter, deceased, in a causo between Mary Ellen Sloane against Patrick Nicholson and Ellen bis wite, the next of kin of John French, late of Liverpool, in the county of Lancaster and also of Liscard ‘nforesald, who died in of about the month of June, 1875, are by thelr ‘solicitors, Ber, 1 nd f the count; caster, in the municipal offices, Dale street, Liverpool, or in. default thereof they will be peremptorily excluded from the benefit of the said order, h_ day of November, 1875, at 10 o’elock Saturday, the in the forenoon, at the said office, is appointed for hearing ing upon the claims, and adjudics Dated, this 13th day of October, 1875. JAMES W. WINSTANTEY, Distriet Registrar. Fraxets D. Lo WNDES, No. 3 Brunswick street, Livernool, Solicitor for the said Piaintiff, WAXTED COPPER COOLER, HOMINY Meal Mill, Barley Mill, Spice Mall, com: Wheat Mill, Cracked Pea Mill, Ont Meal M i Mill, Mash’ Corn Cob Mill, Prepared Mustard Mill; m be in perfect running order.’ Send desert owest cash price, to MILLER, Herald of MUSICAL, hacer cantiecenaeee, PNA PIANO ay sons at his or pupil's residence at $20 ter. Ad- dress CLARKSON, box 101 Herald Uptown Branch office, A. GENTLEMAN OF GREAT EXPERIENCE GIVES instruction on pianoforte, harp and harmony at pupil's residenc: niv $10 per quarter; best reference, ‘Addross, ‘vith rosidence, TEACHER, box 120 Herald Uptown Branch ice, 1,205 Brondway. ti jee. A QUSS HARRIS, PIANISTE, PROM LONDON, BS- + tablished In New York since 1870 as teacher of Plano- forte, receives pupils upon moderate terme; thoroughuess and finish gnaranteed. 421 East Fifty-second street. RGANIST WANTED—FOR AN UPTOWN, EAST O side eburch; salary small, Address G. W, D., box 1.348 Vost oiege 2 BOARDERS WANTED. ] S82 OF SUNNY ROOMS ON SECOND FLOOR; table and attendance first class; j refer: ences exchanged. rs, PV. KENT, 28 and 28 East Twenty-third street, Madison square, TWO OR MORE GENTLEMEN AND A FAMILY + can be pocommodated, at 209 West Twenty fourth street, with Parlor ‘ond Floor, en suite or singly; private fam: SUIT ON P on second an tionabis RLOR FLOOR, OR SEPARATE ROOMS ‘uird floors: hall Rooms; table unexcep- day boarde: terms low. 12 of ibrondway and Biss Sooner, ant TwenIT ash street, | Bares FLOOR; ALSO suite or singly, furnished table, at prices to suit the 1 first class; references. 107 West SUIT OF BOOMS ON a COND FLOOR, HAND- “evi ’ AND. jowrd : private table red; large Room o: b too 8 rods Tare Hoorn ‘on fourth tloor. “Address, with re WEST TWENTY-SECOND — STREE’ floor frome Rooms, very handsomely. forsianed sk other pleasant Rooms, with Boa and appointinents very desirable ; locality attractive ; re: Guired, EAST TWENTIETH STREET, NEAR FIFTH AVE- Epic peony furnished Rooms, with excellent Board; gentlemen and wives or a party of single gontier nicely accommodated; references. 5 DOORS FROM GILSEY HOUSE—ELEGANTLY FU. © _nished Parlor and Second Floor : private or general tubl prices moderate; references. 41 West Twenty-ninth street’ WEST THIRTY.SECOND STREET.—TO LET, HAND- somely furtiished Rooms; superior table, &c. Bb 14TH STREET, 217 WEST—ONE EXTRA LARGE elegant Room on second floor, for gentleman and wife; also large square Room and single for gentlemen, with ; house unusually desirable; references, QD BAST FORTY-FIRST STREET.—TWO NICELY furnished Rooms on third floor, with Parlor; also Room on fourth floor, separately or together, joard ; terms moderate, F 9¢ D STREET, 137 WEST.—TWO ELEGANT PARLORS eJon second floor; oth oms on third and fourth floors, to rent, with first class Board; terms reasonabie. References exchanged, D STREET, NEAR SEVENTH AVENUE, NO. 244.— Splendid Rooms, newly furnished, en suite or singly, ntlemen or fainilies, with first class Board; private mees given and re- z —VERY LARGE AND HAND- some Rooms and Bedroom on second floor; also Room for ono or two gentlemen on third floog to let, with Board; references, OY WES? FIFTEENTH STREET, BETWEEN FIFTH J and Sixth avenues.—A pleasant’ double Room, on the fourth floor, with Board, 3472 STREET, 111 WEST.—LARGE ourth story front sunny Rooms, back j references, QTE STRERT, 109 East. OO Desirdle furnished Rooms, with or without private Table, for funilies and gentlemen. 36 NES? TAIRTY-FinsT | STREET—A SUIT OF handsomely furnished Rooms; also Rooms for gentic- men, with Bourd; references exchangea. 4] WEST, THIRTY SIXTH STREET—TWO UNUSU- ally attractive extension Rooms; hot and cold water; grate fi Board; house and appointments first class ; moderate terms; references exchanged. 42 EAST THIRTIETH STRE| Suit of Rooms to let, with Boar sired; also hall Room; house first class changed, 4.3 BAST IWELFTH STREET, BETWEEN BROAD. ce} _way and University place.—Large and sinall Rooms, also an unturnisbed Room, to rent, with Board, from $6 to $10 per week, 4. WEST TENTH STREET, NEAR FIFTH AVENUE.— Cheerful, sunny Rooms, with good substantial Board, cleanliness, &e.,.at very moderate prices; single Rooms for gentlemen; references. 45 ST. MARK’S PLACE.—LARGE AND SMALL ) Rooms to let, with Board, to ladies’ or gentlemen, $8 ‘and $7 per week. Call for one week. 45 Bastry ¥-SECOND STREET, NEAR BROAD- way.—Elegantly furnished Rooms, on second and third floors, southern exposure, with first class Board, for families and gentlemen; references exchanged. 4.5 BAST TWENTIETH srREET.—RooMS, WITH ¢) Board. en suite and singly, with ‘first class’ appoint- ments; references given and required. AT AND 40, WEST FOURTEENTH STREET, BE. tween Fifth and Sixth avenues.—IHandsomely fur- nished Rooms, en suite or singly; house and table first class; Iccation excellent; references. 4 WEST TWENTY-SIXTH STREET, NEAR P.20AD- way.—Handsomely furnished front’ and hali Rooms, ‘on second floor, with Board; also other Rooms; table and lo- cation first class; references exchanged, 54 EAST TW! Madison and Fourth a formerly of Long Branch, has a Board, 54. WEST TENTH STREET, BETWEEN FIFTH AND Sixth avenues—Elegantly furnished Rooms to let, en suite or singly, with or without Board; modern improve: ments; private family; references, 56 EAST NINTH STREET, BETWEEN BROADWAY ODO and University place.—Elegantly furnished front Par- lor, to gentleman and wife, with Board for lady; no other boarders; first class conveniences. % THIRD AND C, with Board; second DESIRABLE ate table if de- references ex- TWEE! ie N mes.—Mrs, E. WARDELL, few front Rooms to let, with li SALES AT AUCTION. i AT JOHNSON, JR, AUCTIONEER. . ‘Old stand, 37 Nassau street. THIS DAY, AT LARGE SALE OF" HOUSE! Elogant Chickering Ptanotorte, juits, Brussels Carpets, &c. AT 12 WCLOCK. GREAT SALE OF PINE SHOT GUNS. BRBECH, MUZZLE, LOADERS AND RIFLES, MADE by the most celebrated makers, vis. W. & ©. SCOTT & SONS. W, W. GREENER, P. WER- LEY & SON. W. RICHARDS, ‘REMINGTON, BALLARD, AGG 3 APSO several tine imported Shooting Suits, cade by lay & Co., of London. P. &.—The sale of Furnitare commences at 10:30. f Guns commences at 12 M. O'CLOCK, OLD FURNITURE. Parlor and Bedroom UCTION SALE AUCTION SALE A TO-DAY. e ! TO-DAY. SUPERB HOUSEHOLD FURNITURE. this (SATURDAY? morning. at 1054 o'clock, S At the five story brown stone mansion NO, 47 WEST 16TH ST., BETWEEN 31H AND 6TH AVS, Steinway four round 7'y octave Pianoforta, sker & Bros.’ upright 7s octave Pinnoforte, Real imported Hronzes and Bisque Figures, ‘aintings by eminent arvists, Statuary, Works of Art, PARLOR SUITS, richly catved rosewood and walnut frames, govered in crimson, tan and gold brocade satin and covelaine | Turkish and Spanish Lounges, Eusy Chairs, inlaid marquet- Fie and gilt Centro and Console Tables, rosewoud Etageres, Cabinets, French plate Mirrors, laco Curtains, Preich Man: tel Sets, BO day Cloel ic andi Bg Gran ay, ‘ks, Musical Boxes, Jardinieres, velvet. LIBRARY CONTAINS handsome inlaid Library Fetalre Bookcases, choice Books, library Tables Turkish Suit 7 econ, lady's Weiting Di BEDROOM” FURNITURE, “CONSISTING elaborate and plain Bedroom Sets, inlaid and gilt Bedsteads, sing Cases, Bureaus, Washstands, single and double Bedsteads, 33 fine hair and spring Mattresses, feather Pil- lows, Blankets, Toilet Sets, rep and plush Suits, marule top Tables, Cir, ra. DINING FURNITURE, vin. :-—Two Extension Tabies, in- laid Frengh walnut Sideboard, Chairs in leather, Silverwar: Dinner afd Tea Sets, Cutlery, &c.; two hall stands, velvet, Brussels and iugrai Carpets! Kitchen Furniture, 4c. N. B.-Sale positive, Part! les about purchasing wilt tively fiudl this a rare chance, Sixth avenue or U sity plage cars, ompeteut men to remove, pack or ship goods, city o (i a ROBERI'C, CASHIN, Anctisnoct. UCTION SALE THIS DAY, Large and oeremptory sale THIS (Saturday) MORNING, promptly, ft 1045 o'clock, at five story brown stone mansion No, 1s West Twenty-third street. ne: UKE FIT/ ixth avenue, ALD. Auctioneer, sells over $25,000 and 400 lots, by catalogue, of elegant and costly Honseliold Furniture, in lots, to the highest bidder, viz, Elegantly carved Parlor Suits, covered in satin; Stein= way and Chickering & Sons rosewood Planofortes, also. aa elegant Windsor Pinno, both with all modern improvements} Turkish Suits, Bronzes, Paintings, Curtains, Turki Chairs, Spanish Bed and Pillow Lounges, velvet, Brussels and i rain Carpets; inlaid Centre and’ Sid Library Ts les, Boukeases, Secretaires, &¢. : t black wal nut Bedsteads, Dressing Cases, Bureaus, \ robes, hair and spring Mattresses, Pillows, ets, Quilts, rep and hinireloth Suits, Dining Room Furniture. Elegant carved Buffet, Extension Tables, ¢ ware, Cutlery, Dinner and Tea Sets, Library Kitchen, Servants’ and Basement and a variety of hold Furniture too numerons to mention. x. B.—Goods packed, boxed and shipped, city. or country. jargest sale of the season. Don't fail to attend, in or shine, UCTION SALE—THIS (ATURDAY) MORNING, AT 1035 o'clock, all the handsome and useful Househoid Furniture at the large private honse, 105 East Thirteenth street, near Fourth avenue, at public auction, to the highest’ bidder, withont reserva, consisting of satjn, brocade, reps and haireloth Parior 8 pets, rosewood Pianoforte, Paint- ings, Curtains, Tables, Clocks, Mirrors, Vases, Beilstends, Bureans,, Washstands, Dressing Cases, Mattresses, Bedding, Blankets, Quilts, wes, Sideboard, Ext Tal et Ware, Cutlery, Oilclot Sale positive. Glass, China and Si Stair Carpets, &e. Keres, Carpet tre Tal cretaire nut Bed- steads, Bedroom Suits, Bureaus, Dressing Cases, spring and hair Mattresses, Buffet, Side and Extension Tables, Chairs, china aad glass Ware, Linen, &c.; Closks, Engravings, &e. N. B.—Every article necessary for housekeeping; also Base: ment and Kitchen Furniture, fe RY ZINN, A’ LBERT B. WALDRON, AUCTIONEER, <108 Liberty and 111 Cedar street, is day, Furniture, Desks, Groce) ney Gouils, Fish, Coloring, Sofa Beds, &e. netioneer, AT YOU HAVE TO SE! NE W YORK WILL ‘5 iT VENING TELEGRA. YC. D. FAVOR, AUCTIONEER, OFFICE AT M, B Favor’s auction store, 13 East Fourteenth street, wii sell, on Mon iy. November 1, ut 11 A.M. sharp. ehtira Stock, Good Will in trado, Fixtures and favorable, lease. of Haywood's well known Hat, Cap and Fur Store, 346 Third avenue, corner Thirty-sixth street; fixtures first class; loca- tion unsurpassed for re ‘ood run of trade, and sold only on account } Y JAMES M. FORD, AUOTIONEE! Zo'clock, at the East Salesroom, 78 Third avenue, the entire Furniture of a large mansion, removed from Harlem, consisting in part of par- lor, chamber and bedroom, en suite and single; Buffets, Eta- gefes, Wardioves, Book lind Library Cases, Ptor Mirrors, ace and other Curtains; a fine assortment of Bedding, about 40 excellent Carpets, 500 yards Oileloth, M Clock and Ornaments, Silverware: also from stora: loads of Furniture of every description, W Rain or shine. 5 WEST THIRTY-NINTH STREET.—ROOMS, BN OC suite and separately; private table if desired ;'refer- ences exchanged. 5 CLINTON PLACE, FIVE DOORS WEST OF FIFTIT avenue.—Private family will let handsomely fuar- nished Rooms, with excellent Board, $12, $16 and $18 for two; house sunny exposure. 102 FOURTH AVENUE.—CENTRALLY LOCATED, between Tenth and Twelfth streets; the best table ae for the money; ladies $4 and $4 50; gents $5 an 3 EAST NINETEENTH STREET. Handsomely furnished Rooms, with Board; Table Board. Tie EAST SEVENTEENTH STREET, NEAR UNION J square.—One large Room on second floor, with Board, and hall Room; also table Board. 124 EAST TWENTY-SEVENTH STREET.—TO LET, 42°F with Board, two large connecting Reoins, separately or together; also ofie single j relerences given and ro. quired, 14.1 WEST, FOMTYFOURTH STREET, BETWEEN Broadway and Sixth avenue,—A fine Suit of Root private buth, closet, éc. ; house, table aud appointments first class: highost references giver QO4 WEST FORTY-FIRST STREET.—A” WIDOW LE lady, living alone, would like to me furnished Rooms to gentleman and wife, with Board for lady only. 229 EAST TWELFTH STREET, BETWEEN SEC- ond and Third avenues.—A handsomely furnished Parlor and Bedroom, southern exposure, to let, with excel- lent Board; references exchanged. I8¢ FOURTH AVENUE, NEAR TWENTY-SECOND street —Very nico lance Rooms, with goad, sub- stantial Board, to young men willing to room two together; excellent location: 823 EAST TWENTIETH STREET.—THIRD STORY single Rooms to let, with Board. Terms moderate. 62 LEXINGTON AVENUE.—TO LET, ELEGANTLY furnished Rooms, with or without Board, in the house of a private family; reterences exchanged, LADY DESIRES BOARD IN A RESPECTABLE private family; terms $7 or $8 per week. Address 8. C. R., Ashland Hou: PRIVATE FAMILY OCOUPYING THEIR OWN house will let a pleasant Room and hall Room adjoin- ing, with first class accommodation, to one or two gentle- men, with Break 325 t Twentieth stree GENTLEMAN AND WIFE WANT well furnished back Parlor or secon tion between Waverley place and Twenty and Ninth avennes; will pay $80 per month; not mo dress T., Herald office. N AMERICAN FAMILY OF THREE WANT FIRST class Board, with not less than two good Rooms, ing southerly, with grate fire, at not exceeding $40 per Address MANUFACTURER, mA. Aves YOUR WANTS IN THE EVENING TELEGRAM. GENTLEMEN WISH TWO ROOMS, WITH OR WITH. out Board, and pleasant surroundings. Address, with particulars, A.'M., I ranch offic ENJAMIN F. THEALL, AUCTIONEER, THIS DAY (SATURDAY), AT 104; O'CLOCK, 167 West Twenty-ninth street, near Seventh avenue, all the Furniture of the house; Parlor Suits, in reps and. Bedsteads, Mattrers.s, Extension Table, Lounge, * Carpets, Crockery and Glass, Kitchen Utensils, &c. emptory. SWARZKOPF, AUCTIONEER—WILL, , 34 avenue B, Furniture rivate fam- io neral $ it reserve. ONEER, 39 AND ial attention given to sales at Goods at private sale at auc- XECUTRIX'S SALE.—BENJAMIN P. {,” Auctioneer, office and salesroom No. 0 will sell at public auction, on Saturda o'clock, on the pre the unexpired term of ‘Lease House and Store No. 159 Greenwich street, the store having heen occupied ay a wholesale cigar and tobacconist for the past 20 years, together with all the Fixtures, &e., &c., of store, By order of Amalie Schasberger, Exocuirix : EORGE J. SMITH, AUCTIONEER, NO. 11 CHAM X ‘bers street.—Marshal’s saie.—By virtue of an execution Twill expose for sale at public vendue, on the J day of October, 1875, at ‘clock noon, at 316 and 318 Greenwich street, all the Right, Tith est of James Steel in above hotel and dining saloon, GEORGE J. SMITH, Marshal, SMITH, AUCTIONEER, 11 CHAMBERS rtne of a chattel mort EORGE J. street, will the Club Stables, N: }t BERS, SELL, AT 1033 o'clock, corner Twenty-fifth street and Seventh avenue, Stock and Furniture of first class Lager Beer Saloon, elegant Buck bles, Mirrors also Wines, Liquors and Showe positive in to TEXBY DREHER, AUCTIONRER, OFF root, sells thiv day nt 1 Kat 3S ner of Third street, entire Fixtures of fine Counters, b rt Teebox, ae. aud Bedding, Tables, Chairs, & ke. TOE 26 FIRST s, shelves, &¢., lot of Bedsteails, Mattresses positive, in Tots MPORTANT FORECLOSURE SALE. Eighth avenue Lots, E. A. LAWRENCE & CO., will sell, at auction, at Ex- change Salesrooms No. 111 Broadway, on ber 1, 1875, at 12M., twelve choice Lots, wholé front ‘on ‘gest side of Eighth avenne, hetween Seventy- second and Seventy-third streets, und running westerly 180 fect on cach street. The attention of investors is particu- larly invited. J. sbie, WEINBERGER, AUCTIONEER, «_saie, this day (Saturday), October 19 Bowery, Stock and Fixt Store: Copying Presse, Dea Hardware, &e. Ry order of Immediately thereafter General Furniture, Cigars, Liquors, &c. M ORTGAGE SALE.—PETER BOW sells this day, at 11 o'clock, at No. F eet, the contents of a first class Bar and Billiard Saloon, sisting of elegant Italian marble Bar Counter; four in- bevel Billiard Tables, complete, Collender maker; black ut Chairs, in morocco; Mirrors, Ale Puntp, ¢ Coun- andotters and Globes, Jassware, silver plated Spittoons, eels Carpets, Engraving, cane: ic. By oFder of the wt- howease, marble top Tables, C jock, silver plated Ware marble Wasbstand, seated Chairs, Icebox, Iron Safe, totney for mortgagee. Ft Bi STRERT, Broadway and terminus of city railways ; busines European plan; open all night; Rooms, S0c. upw family Rooins; dining rooms open Sundays. ARLE'S HOTEL, CANAL STREET, NEAR BROAD- way.—Board $3'per day. First class accommodation for the winter at reduced rates. HE PARK HOTEL, CORNER BEEKMAN AND NAS- . thoroughly renovated in a first class manner; now furniture, carpets, paint and paper; offers elegant Rooms by the week'to reliable persons at very reasonable terms, from. ‘$4 to $1 $1 per da; COUNTRY BOARD. — ARM HOUSE, 134 HOURS! TI Railroad of ‘Ni fi Board; a comfortable and de: winter on moderate terns. Branch, Somerset county, N. J. ED rooms, with fi je hone for the fa BUXTO: OTEL, ‘November 1.—St for Nassau direct. Rowe Vie hamas, will York November Steamers will leave Savannah, Ga., ewty ton days and make the trip in lest n ture of Nassau last winter did het very, ben 4 dogs, fiom tga. making ie the owt Golightful climate in the world. Por particulars address JAMES LIDGERWOOD, 758 Broadway, New York. RESTAURANTS. LARRU, FRENCH RESTAURANT, NO. 14 UNI- " ‘ity place, between Eighth and. Ninth streets, New otk. Oyeers. Hronkfust, from. 7 t0 10 o'clock. Dinner from 5to8 Open until 12 at night. WATCHES, JEWELRY, &, “C3 77 BLERCKER STREET, NEAR BROADWAY. ALT dence “ndvanced, on Diamonds, Watches, Jeweliy, Vekets bought of ‘Diamonds, oughs of Pinnos, €e, ; also Pawnbroke Watcher, 46, 77 Bleocker st) JAMEL'S HAIR SHAWLS, SILVERWARE, WATCHES, Diamonds, Piahos, &c., bought and sold back when sired at a voi money advanced on goods mall advance; ie on commission. 8. FIRUSKT, 102 Nassau street, corner of Aun. NUSSBAUM, AUCTIONEER, 261 BOWERY, MM, eisitictiny: at tig e'etock, nt 08 Contre at fixe tures and Furniture of Oy: ‘ables, Chairs, Ulock, Ieebox, Lainp, Range, Dumb Walter, &e” SONS, AUCTIONEERS, room 27 Bast Broadway, Will sell this day ¢ iy). at 10% o'clock, the Furniture, &e., contained in private residence No. 53 Leroy street, viz, Parlor and Bedroom Furniture, Ol Paintings, “Brussels an ingrain Carpets, Sofas, Bedstends, Bedding, Blankets, war. bie top Tables, hair’ Mattresses, feather ' Beds, Iceboxes, Desk. Bafo, Urockery, &c. HERIFF'S SALE OF STOVES, RANGES, HEATERS, Ee SHERMAN, Sheriff's Auctioneer, selie THis DAY (Saturday), October 90, at 12 o'clock, strect, » large lot of Stoves, Ranges, rs, Boilers, copper Measures, Galvanized Ware, Solder, Hard and Tint ware, &c. Sale positive, in lots. Dealers invited. WILLIAM C, CONNER, Sheriff, oy at Water Janes Maxwrur, Deputy, QHERIFP'S SALE.—S. HERMAN, SHERIFF'S AUC. tiongor, sells this day (Saturday), October 80, at 11 o clock, No. 42 Barclay street, all the Right, e und Inter est of Jobin } which he had on October 7, 1875, or at any time thers in and to the House Furnishing Bust- ness, at No, 42 Barclay street. WILLIAM C. CONNER, Sheriff, M. Lustnaxan Deputy, % Ames hy SALE OF DRY GOODS, &0.—S. HERMAN, Sheriff's Auctioncer, sells this day (Saturday), October 80, at 11 o'clock, at No. 761 Broadway, the Stock and Fix tures of a first class Dry Goods Store. WILLIAM C. CONNER, Shoriff, Joux F. Cuxstxanam, Deputy. Sear SALE OF LIVE CALVES,—S, HERMAN, 4) Sheriff's Anctioncer, sells this day (Sagurday), ( 30, at IL o'clock, at north Z First avenue, 126 Live _J.M, Sreant, Deputy. pray ALE AT AUCTION—MORTGAGE FORECLOSURE, this day, at 12 M..470 Eighth avenae, corner Thirty: fourth st Two Billiard fan Bowling Aller, Bal, ns, bar Fixtures, saloon a, ; Stoves, Pictures, Mirrors, &c. JAMES BOYLAN, Marehal, NEY & SMITH, AUCTIONEERS, OFFICE arent stroot, vel thie day, a 2O.orclogk the Btock vt Fi, f al tore seco! sateut, coma ting ts large rock of fine Liqnors, ec. wast corner Forty-titt stre calves. WILLIAM ©. CONNER, Sheriff IAMONDS, WATOHES, JEWELRY, SILVERWARE, Furs and Camels’ Hair Shawls bought, and sold back when desired at a very small advance. Gi! '. ALLEN, Jeweller. 1,100 Broadway, near Twamty-ninth strout. HOS. GAFFNEY & SMITH, AUCTIONEERS, OFFICE. + 17 Contre street, sells this day, at two o'clock, the Biock and Fixtures of the excellent and neatly fitted up Oyater and Dininw Saloon 208 Grand streut. Sule pease,

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