The New York Herald Newspaper, November 2, 1875, Page 4

NEW YORK HERALD, TUESDAY, NOVEMBER 2, 1875.—TRIPLE SHEET. 4 THE COURTS. Recorder Hackett’s Charge to the Grand Jury. Holding the Law in Terrorem Over the Criminal Classes, VIOLATING THE ELECTION LAWS. Election Frauds the Meanest and Greatest of Crimes. LEGAL SKIRMISHING IN THE TWERD CIVIL SUIT. On the opening of the Court of General Sessions yes- terday for the November term the Grand Jury were | sworn in, Mr. George Griswold, of veing the foreman. to charge the Grand Jury, which he did in his usyal clear, decisive and bold manner, - The following is the charge, in which, as will be seen, among other grave crimes to which he called attention ts that of violation of the election laws, which very naturally at this time is a subject of special interest and which portion of the | charge should be a wholesome warning of the severe penalties to be meted out to those found guilty of vio. lating the statutes governing our elections, Ma. Foreman and GENTLEMEN oF THR GraxD Jurny—It is the agreeable duty of the Court to inform you that your labors will not be excessive. The calen- dare of complaint awaiting your examination ure not extraordinarily large, owing, perhaps, to the fact that during the past month two courts have been in session for the trial of criminal cases—the Oyer and Terminer ‘end this Court—and they have transacted a vast amount of business. 1 will call your attention, gentlemen, to one thing which will save you very much lavor and this Court a great deal of time, that is to say, in the | various offences which will be submitted for your examination that you should very carefully dis tingwsh between the grades of crime, and Satisfy yourselves beyond all peradventure of a doubt that the testimony presented to you is such as fixes the crime which is charged. From a very imper- fect examination of testimony by the Grand Jury we often finda case on trial in a higher court than tt should be. The public mind is excited over the fact that grave crimes, such as murder, are charged to have been committed, which upon cxamination are found to be no more than LOWER CASES OF MANSLATGHTRR, You wili save this Court a great deal of trouble by carefully examining the tesiimony and pr.. ating trivial cases from coming before us. Tam directed, gentlemen, to invite your attention, as I now do, to offenges against the liquor licence, the ‘Usury, the lotteries and the emigration statutes, and I also call your attention to the offence of disclosing the | fact that an indictment has been found against an in- | dividual before he is arrested. This should be re. garded by you as avery grave offence, as ,it enables | criminals to escape from the law. I also, gentlemen, call your attention to offences committed by public officers in demanding and receiving foes which they are not entitled by law to collect I also call your attention to the fraudulent sale of tickets, and tue act to suppress | obscene literature, I am also directed to especially charge you on ELECTION OFFENCES. That direction 1s now very appropriate. To-morrow the general election ocears. Whoever attempts to vote and is illegally registered in any particular of name, residence and identity commits a felony. Who- ever obstructs the polls or voting; whoever commits perjury in the challenge oath: Ang votes, or fraudulently adding registry names during ‘voting hours or substituting ballots—each and ail com- mit felony. In my judgment, any voter who tampers with the franchise, and any inepector who betrays bis trast, commits the meapest as weil as the greatest of crimes. The machinery of elections te necessarily ‘based upon confidence. It 1s bad enough for partisans — to cheat voters by changing ballots, by making fraadu- lent pretences as to ballots, by giving voters bogus bal- ots; bad enough to use money to buy away apedier of ballots or a challenger; but itis infinitely worse and meaner for an inspector to legcrdemain away the will of freeman when the Inspector re- eeives the ballot, or for the canvasser to miscall or miscount a ballot He who robs the charity box ofa church is influitely less a criminal thar the voter or in- spector who designedly robs the eloctive {ranchise, The illegal use of money in 9 campaign or at an election 1s also a iclony. Governor of the State:— Exncutive CHasmmn, Auwany, Oct. 20, 1875, Sm—The improper and tllegal use of money at elec- tions is, in some portions of the State, a serious and growing evil, sometimes thwarting the unbiassed will of the peopie’ and always debauching the public virtue of both officers and electors. You are familiar with the stringent statutes and adopted last year relating to the subject, and are aware that if they are vigorously eniorced this evil will soon be eradicated. Texpect that you will be vigilant in de- tecting and diligent in prosecuting persons guilty of the crime referred to within your county, and shall regard any derelictuon of duty in this respect asa suf- figeut cause for removal from office, I am, yours truly, SAMUEL J. TILDEN. Nor is it very possible many complaints for election offences inay come before you, canvassers or not roturns, sealing them, nnexing copies ot of not properly completing, signing or or tor nos allowing irve access to the count. But whatsoever the complaint may be, postpone | consideration of other offences until you conclude your Investigation of election offences. Postpone even considerations of MURDER CASES, He who stabs the elective greatest of crimes. | am informed by a Police Com- missioner that several hundred iliegs! names nave already been discovered upon the registry lists—names of men who have died, names of men registered as hv ing at coal yards and vacant houses and unimproved Jota, and names of others utterly uninown at or in the Vicinity of the places they had assigned for their seve. ral residences, I therefore charge you particularly to give your immediate and earnest attention to all euch complaints as may be submitted to you for a violation ol any of the provisions connected with the eiection law. You will now, gentlemen, retire to your chamber and deliberate, THE TWEED SIX MILLION SUIT. In Supreme Court, Cireuit, yesterday, before Judge an Vorst, there was a large crowd which had been at- acted there to see what disposition would be made of the Tweed $6,000,000 suit placed on the calendar for trial, Modostly oc us among the throng, was William M. Tweed, of Mr. Tweed there was not such a formidable array of counsel as on some former occa- sions, but still enough to give earnest, if need be, of @ severe legal contest before yielding the point sought to de accomplished—the postponement of the trial Leading the legal array was David Dudley Field, and after him Dudley Field, then William Eddetsten, and then Frank Deyo, On the other hand the sole rep- | yp Fesentative of the people was Wheeler I. Peckham, who tm these wuits, if not a host in hirself, certainly evinces no fear of being pitted against any quantity of his legal opponents, The result was, as generally an- | tictpated, there was @ lively preliminary skirmishing between David Dudley Field and Mr. Peckham, the forensic sparring being wholly conGned to these two gentlemen, with the result for the time being, at least, fo Mr. Field’s favor. The whole discussion was on & timple question of practice, and of course did not in- volve at all the merits of the case. Mr. Field moved to strike the case from the calendar on the ground that an amended answer bad veen served since th 20 of trial had been received aud before the expiration of the time within which an amended answor t be served, He contended that the amended avswer ehanged the issues, and be cited tuorities in support of this view. ‘iin, om the contrary, insisted that the nded auawer was in the nature of a supplemental answer, inasmuch as at the time when the notice or motion for the trial was given the matter on which this new answer was based did mot exist, and, co quently, it was a supplemental answer, and the original motion and answer ought to stand. If, however, it was apretext for delay he was willing right then « to accept the supplemental answer a8 an amended answer, Judge Van Vorst suggested that it was donbtful 17 Wall street, | Recorder Hackett then proceeded | ; any inspector guilty of | ‘oppression, deceit or fraud, either in taking or count- | In this connection I read a letter to | you which the District Attorney has received from the | the conditional provisions | Perhaps some against | ballots to their | franchise commits the | apying a seat by himself, but yet | whether a judgo sittfag as uircutt could determine this question. t. Peckham insisted that the Court had the power. Indge Van Vorst said he thought it was certainly # question that should be decided at Chambers. Mr. Pield said he should Like to meet the opposing @ frivolous answer. frivolous answer. Donohue exactly covering this point. euch a decision he did notthink he would find any udge who would support bim init, He did not care, however, to go to trial and run the risk of the whole | authorities that would sustatn him on the point he by raised, and be asked time to hunt up such authoriti After some further discussion it was finally arranged | that Mr, Peckham should be given until Wednesday to | hunt up bis authorities, and that meantime he give 4 | Copy of the same to My. Field to enabie him to send in & Written reply ou the same day; which being done, Judge Van Vorst promised to give his decision tn the matter on Thursday morning. THE TRIAL OF COLONEL DES ANGES. The trial of Colonel Des Anges, ex-Depaty Collector, for alleged complicity in silk was resumed yesterday in the United States Circuit Court, | by Judge Benedict. | The first witness called was Andrew Joliver, # clork in the Custom Hoise, who examined the index to the | powers of attorney, filed between January, 1870, and “October, 1875, Ho testified that only two powers of | attorney were given to Charles L. Lawrence. J. V. x frauds, | | | | } pears on all but two or three of the entries | Charles L. Lawrence gave be | Deputy Collector Phelps te | the prisoner when certain c | amined and showed him that thi with, Gustave W. Ball, sworn, stated that he was in the ied that he went with Js, were bad been tampered ex- | employ of Lafayette Groff, in Lispenard street, in 1872; | o subsequently removed to Reade street, and later to | Warren street; went to the Hoboken stores for Mr. Groff; he took permits over there; tis permit marked 188 he had even before; he received it from Lafayette Grot; witness also identified a receipt for goods signed at the Hoboken stores, which he carried to N 94 Warren street; the case contained silks and sus- | penders; the silks were in the centre, and the sus- | penders in the bottom, sides and on top. District. Attorney Biiss here filed the permits and reecipt as a part of the record, as they were mentioned in the vent, Witness was } shown permit 190, whi ceived from Lafayette Grott'and took to the Hamburg docks; he signed this re t given him for seven cases of goods, which were cen to Grofl’s, 12 Warren street, where they were opened, and contained suspenders’ and silk; he was shown a permit for eight | by the Westphalia and the receipt m the name of | George Luick; witness signed different names to diffei | ent receipts; he had received goods for Groff during | the past five years; the goods so received were, with one excoption, all ; there were seven or eight cases in h importation ; | store, the other seven that be rgceived always con- | tamed silks; the case that went to the public store con- ' tained suspenders and hosiery ; witnes¢ usuaily received | all tbe goods trom the vessel; liquor business; sometimes the — silks were repacked, sometimes put back in the sarhe cases, and the marks removed and others substituted; witness hero identified a number of permits und receipts for cases Which Des Anges had passed, and which Lawrence had bonded, all of which are described as cotton hosiery or cotton suspenders; witness stated that he received the cases thus described, and they were ail silks. Counsel for the prisoner stated that the defence would not attempt to deny that the cases contained silks, and the witness was | hence the further examination of abandoned. | On cross-examination witness admitted he was under | indictment, buthad never seen Des Augeson thissubject; | witness was in Ludlow Street Jail, but was not let out under « promias of testifying in this case and the prose- | cution ot H. B. Claflin & Co, | Henry A. M, Beers, packer in the Appraiser’s Depart- ment, worn, testified that he had charge of the hosiery room; showed the goods, compares the contents of tho cases, and, a8 a matter of course, went to the bottom | of every case; witness testified that in every case he | had gone to the bottom of the case, and that the contents couturmed to the invoice. John L. Roaner stated that he had been United States storekeeper at | Hoboken since October, 1873; witness described the mode of delivering the goods’ in public stores, and | identified some of the permits put in evidence. Chris- | topher Zehman, a delivery clerk in the Hoboken stores, testified as to the modus operandi of releasing cases trom the public stores and identified one of the receipts presented, Edward Shaw, detective sergeant of the London police, testified that last spring Le arrested at Queens- town ©, L. Lawrence on board a steamship and searched bim; Lawrence bad baggage in the cabin; he searched | him ‘and found papers on him, and put his mark upon | them; witness identified other papers as having beon | found on Lawrence. The following is one of the papers relerred to:— No further commanications, verbally or in writing. You | are followed and so am 1. Let everything go tw the devil. | Export all you can, but let me alone to tty and save myself | im the future. Witness was cross-examined as to the manner in | which he arrested Lawrence; it developed the fact that he was not searched until after they leit the ste: ship at Queenstown and that he voluntarily surren- dered the papers 10 bis possession and that he (witness) | did not mark them until after he had testified in the Bow Street Police Court before they were turned over to the United States Minister. On re-direct examina- tion witness testified that it was utterly impossible for | the papers to be tampered with between the time they | entered his possession and their being morked. ‘At this point the District Attorney offered the above iter, which, he alleges, is in Des Anges’ handwriting, in evidence. Mr. Mathews objected, as tt is shown here that this letter was placed in the hands of an assistant of the last witness und not in the-hands of the witness. The rule, | he insisted, was imperative on this point, that before you shall introduce a paper of that kind you must put upon the stand the man who recetved it, ‘Among the papers found upon Lawrence by Detective Shaw was the following, which counsel read:— Usrrep Stars District, Artonser’s Orrtcy, y 20, 1874. | Messrs. Frey, | Gunrrmaes tis reported to me by officers of the gov- | ernment that you have in your possesstu ods, being lots » 735, 775 to mn Four catalogue of this day's sale, but fair, before taking either to give you an opportunit and will therefore Your obedient servant, RGE BLISS, | United States Attorney. Mr. Mathews quoted numerous authorities against the admission of the letter, and was followed by Assist ant, District Attoruey Foster for the government, who qaoted 1 jon of the leuter. ‘The Court coption of the defence. The A. M9 to-morrow, T deem it il or criminal proceedings, reveived ugy for that purpose, 38. ourt then adjourned until eleven | ies BOSTON AND MONTREAL RAILWAY. | Last June, in the United States Circuit Court, civil | branch, the Banque Franco-Rygptienne, Sutcher, Heatsch & C0.; J. Camando & Co., the Societe Gén- crale de Credit Industral et Commercial, J. E, Gunzberg &Co., Gay, Rostrand & Co.; Leary, Crimier, Travis & Co, and B. Alleyn: & Co., all of Paris, in behalf of themselves, and of all other persons similarly situated, who hold any of the so-called first mortgage bonds of the New York, Boston and Montreal Railway Company, filed a bill in equity against John Crosby Brown, Will- iam W. Sherman, Jesse Seligman, William Butier Dun- can, James Brown, George H. Brouson, Trenor W. Purk, the New York, Boston and Montreal Railway Company; Herman H, Baltzer, Williain G. Fred: erick Adams and the Farmers’ Loan and Trust Company, . which in June last was de: dip the | Herat, the plaintitts allege that they became sub- | scribers for t mortgage bonds of the Boston and | Blee sirect, which adjoins the premises Ni Moutreal Railway Company by false prospectuses issued | South Fifth avenue, occupied by James McCarron as | by the company; they charge turther that the defend- r 8 wer nity of f in connection with the | of that © The bill also charges that the erty of th ny does not at all approach the value of the $5,000,000 of its first mortgage bonds held by the plaintiffs. They therefore pray that the mouey paid for the bonis may be returned to th Likely jose most ail of it. Yesterd filed an answer denying the charges oi.fraud ar won. DECISIO SUPREME COURT—CHAMBERS, py Judge Lawrence. ‘The People ex rel. Friery vs, Farloy et al, | for a mandamus granted, without costs; memor | The People ex ref. Pardee vs. In the Eighth Election District of the Seventeenth ‘Asserably District. —Motion for @ mandamus granted, without costs; memorandum. Boyd vs. Boyd; matter of 175th street; ve, Butler; Rosenthal vs. Townsend. Granted. Brown vs Post--Cannot make order without hear- ing counsel. | Comstock vs. Young.—-Memorandum. | Miller ve. Schwann.—Motion denied, with leave to defendant to renew if #0 advised. | Coben va Coben, —Proofs insuflicient, SUPERIOR COURT—SPECIAL TERM, ge Proodman, » et al. —Printed cases, vols, 1 annoxed to judgnent roll. Gra w and GENERAL T Before F. Daly, Robinson 4 nt reve daut to abide event, jors’ Bank vs. Kreisted.— ‘sod; new trial of law onthe demurrer , oats Wo abide event. Opinion by Judge Rob- O'Gorman vs. The Maya, &e.—Judgmont affirmed, With costa Opinion by Judge Robinson nowlton va. Harlom Raiiroad Company,—Motion denied. Opinion by Judge ngon. ’ Rosenthal vs. The Mayor, ke, Judgment affirmed, | with costs, Ovinion by Jude Robinson, counsel in Chambers on the question whether this was | Mr. Peckham denied that he bad characterided it as a | Mr. Field said that bis attention had just becn called | by one of Lis associate counsel to a decision by Judge | Mr. Peckham said that if Judge Donohue had made | thing falling \hrough. He felt confident that there were | ‘ » | apy | Vanarsdale, another clerk, testified that the bond books adjourned until next Monday. The Grand Jury were in the Custom House show that Des Anges’ name ap- | discharged until the 25th tnst., and the potit jury until on which | the 8th ‘The first case on the calendar for trial is ases of hosiery, of packages | She cuse wus kept to go to the public | Groff was m the | certain stauggled | 743 to THeond | o | Monell and Sedywi Frank vs Covert.—Motion denied, with $10 costs, Opinion by Judge Robinson. COMMON PLEAS—S8PECIAL TEBM. | By Chief Justice Daly. Kennedy, &, vs Young and another.—Decroe settled. By Judge J. F. Daly. Vorrhis vs. Murph; tiou for stay in order | to move for new trial By Judge Larremore. Rosenstein vs. Rosenstein, —Reference ordered. Equitable Life Assurance Society of the United States vs. Leyden. Reference ordered. | Herman vs. Foley and another —Appeal dismissed. IMARY OF LAW CASES. There will be no courts to-day, it being election day sterday was the opening of the November term in the courts but httle was done beyond calling the calendars and fixing the time of trial of cases, Judge Blatchford will call the jury calendar tn the United States District Court at eleven A. M. to-morrow. ‘The clerks’ offices will be open, and there will be return of processes in the District Court. George Mott, captgin of @ canal boat, was yesterday arrested by Deputy United States Marsha) Harris on the charge of cent counterfeits upon one Drury, a ba No, 91 Broad street, He was held in $1,000 by Commissioner Shields for examina- tion The Genera! Term of the Gourt of Common Pleas, Judge Robinson writing the opinion, decided yesterday that Mr, Rosenthal, mterpreter of the Court of General Sessiovs, 8 simply an attendant on that Court and is entitled to only, $1,200 a year eal ‘The Court of Oyer and Terminer opened formally yesterday, with Judge Davis on the bench, and then that of Michael Fin the Irish Giant, O’Baldwin. Judge Lawrence yesterday directed mandamuses to issue against the Registers of the Eighth Election dis- trict of the Seventeenth Assembly district, and of the Eleveuth Election district of the Eighteenth Assembt: district, requiring them respecuvely to register Will- | Iam Pardee and Michael Freiry. Both are employés of | the government at Washington, and Judge Lawrence decided that they do not lose their residence here, and that exception rust be made in their cases to the gen- | eral rule requiring a residence of thirty days previous | to the election in the districts in which they wish to register, ‘There was quite an argument in Supreme Court, Chambers, before Judge Donohue, in connection with the Taylor will case. An order having been made by | the Court at Utica compelling Charles Tracy to turn over the assets to the newly appointed receiver, Will- 1am Bently, Tracy aow sues to be allowed to retain the assets until certain unsettled ward,H. Tracy and James B. il, charged with the murder of ylor, deceased, be | fixed, and also until payment of his counsel fees, To | this end a motion was made yesterday, Afier hearing the argument Judge Donohue took the papers. | In the “suit brought against the city by ex-Corpora- tion Counsel Richard O'Gorman to recover $13,000 for services in connection with the street openings during 1871 and 1872, a decision adverse to the claim was rendered yesterday by the General Term of the Court of Common Pleas. “The Court holds that under the | statutes this comprised a portion of the duties of the Corporation Counsel, and therefore that he is not en- titled to any extra pay. ‘The jury in the case of Archer against the Ocean Na- tional Bank, to recover the value of bonds deposited there when it was robbed, came into court yesterday afternoon and informed Judge Wallace, of the United States Circuit Court, that they were unable to agree, After further charging them that it was the duty of the defendants when their cashier and president were on the stand to ehow that the bonds had not been ac- cepted as a collateral; if such was the fact, they had every opportunity to do so, but had fuiled to show | what the agreement really was. The jury were locked | up forthe night, with instructions for their discharge if they agreed on a sealed verdict, |; COURT OF GENERAL SESSIONS. Bofore Recorder Hackett. LARCENY FROM THE PERSON—A PLEA OF GUILTY. After Recorder Hackett had delivered his charge to | the Grand Jury, as published elsewhere, and tho latter had retired, a petit jury was empanelied and the work of the term at once entered upon, Terence Retlly, of No, 817 Thirty-elghth street, was tried on the charge of having robbed Patrick F, Don- nelly, of No, 263 West Thirty-seventh street, of money and jewelry to the value of $415 while the latter was lying in a drunken stupor on the floor of a drinking | éaloon in Thirty-ninth street. Reilly was shortly after | the commission of the crime jointly indicted with John | Dunn. ‘The latter pleaded guilty and was sent to State Prison several weeks ago, while Retlly pleaded ‘not | guilty”? and was Temanded for trial in this term. The Jury were absent half an hour, when they returned and tated that they could not agree. His Honor instructed them further, and, after deliberating another hour, | they pronounced a verdict of guilty, The prisoner | Was sentenced to hard labor in State Prison for tour years. Mary Balfe admitted that she had on the night of Se tember 22 stabbed Timothy Driscoll twice in the side witha knife, She was sent to the Penitentiary for | three months. WASHINGTON PLACE POLICE COURT. Before Judge Kilbreth. YOUTHFUL DEPRAVITY. Louis Rink, aged eighteen, and William Rink, aged ounts between Ed- | fifteen, were arraigned at the above court yesterday on a charge of robbing their parents, Valentino and | Rosina Rink, residing at No. 49 Ludlow street, of a quantity of jewelry, valued at $32 About two months ago Louis Rink, who robbed bis father of a quantity of | money, was arrested and brought to the Tombs Police Court, He was then put under $1,000 bail, bat escaped | | | \ | trom the city before his trial came oi. A fow days ago | | Louis returned to tho city, and meeting his younger | brother, William, induced him to join in breaking into | his father’s house for the purpose of robbery, On | Sunday night Mr. Rink received a decoy leer, asking | him meet a friend in West Twenty-second street, | Mr. Rink left nis house in obedience to the letter about ven o’clock in the evening. The same night ouis and Wilham Rink came to their | father’s house, forced their way into the | front room and locked their mother and a | younger brother named Emil in the back room. Mrs, | Rink beard the noise in front, managed to make her | exit from the room which was locked, and going into the front room saw ber two sous Louis and William | busily engaged in ransacking the bureau drawers. | Wneb Mrs. Rink endeavored to expostulate with her | sons, Louis, the elder, pulled out a revolver and threatened to shoot her if she mado, the “east outcry. | The two desperate youths then escaped with the above mentioned jewelry. Late Sunday night Officer Cain, of net, arrested both youths in a house When asked by at they had vo say in ex- | tenuation, they both pivaded guilty, and were com. | mitted in'$2,000 bail to answer, Their demeanor in court was cool, careless and defiant, and neithor of the | lads seomed to have the slightest idea of the extont of his crime. DIAMOND ROBBERY. | On the 17th of October a trunk belonging to Mr. Alfred Appell, of No. 49 Clinton place, was broken open | by acolored servant named John Richard Ball, and a | diamond cross, valued at $250, anda pair of diamond earrings, valued at $150, were carried away. One of ; the earrings was traced to the loan office of Morris | Davis, of No. 3 Sullivan street, where it was pawned for $10 on the 24th of October.’ Ball brought the pawn- ticket to the same office subsequently, and offered to sell it for $2 Ho was arrested by Detective Slevin, of the Fifteenth precinet, on Sunday, and was commitied | by Judge Kilbreth yesterday in $4,000 bail to answer, | BURGLARY ON SOUTH FIFTH AVENUE. | Between one and two o'clock yesterday morning Officer Burns, of the Fifteenth precinct, eaw two | young men, named Frederick Dewer and Charles McCormick, coming out of the hallway of N ¢ pososssion of Dew two boxes of cigars, the proceeds of a burglary com. mitted on McCarron’s premises, McCormick and Dower were held by Judge Kilbreth in $2,000 bail each wo answer, liquor store, as found COURT CALENDARS FOR WEDNESDAY. | | Before Judge Surremz CocrtT—Ciamn | hue,—Nos. 6, 10, 13, 16, 24, 26, 27, 20, 34, 48, 57, , 98, 100, 115,147, 149, 150, 151, 6, 209, 212, 226, | 239, 240, 242, 243, 253, 24 Svrrkme Court—SreciaL Term—Bofore Judge Law- rence, —Demurrers—Noa. 21, ‘Ajourned for the nday, Part 3—Nos, term. 1241, 5 mon Cor -Refore Judges 11, 15, 19, 20, 21, Superior Courr— Freedman—Dewurrer 8, 11, 30, 37. ore Judge 5, 6, 7 it, —Nos, 1477, 207, 841, 605, 8 Judge 14s, ComMON PLEAS nd J, F. Nuige Dono- | | on Count—Tuat Term—Part 1—Before Judge | | ruff and of | valued at $15,500, | for $3,700 over tho mortgage, | amateur rac Spaulding. 8361, 8960, 3371, 3 | ett.— | gauit and batte » People v8. Benedict McDonald, felonious as. Some vs. Lewis Miller and another, grand larceny; Samo va, John McQuade and another, grand larcony; Same vs. Ludwig I. Trier, grand lar: eny; Samo vs Jol Conners et al, burglary; Same vs, Fred.A. Brady, forgery; Same vs. Bartley Devine, petit larceny. UNITED STATES SUPREME COURT. LIABILITY OF A STOCKHOLDER ON A CONDI- TIONAL SUBSCRIPTION—DISPOSITION OF 4 BILL OF LADING AFTER ACCEPTANCE OF 4 pRAPT. Wasmixorox, Nov. 1, 1875, ‘The Supreme Court to-day delivered opinions in the following cases :— No. 482 Upton va. Trebilcock.—Error to the Circuit Court for lowa.—This was an action by the assignee in bankruptcy to recover an unpaid subscription by the plaintiff im error to the stock of the tmsolvent Great Western Insurance Company, to which the defen: was that the subscription had been obtained by the fraudulent representations of the agent of the company to the effect that eighty per cent of the amount not paid in was non-assessable and would be paid by the profits, &c. It was algo alleged as a defence that the agent represented that the note given for the twenty per cent paid would not be parted with by the company, but would be leniently held to suit the convenience of the subscriber, ahd that after- ward the note was transferred to a bank for collection, and that thereupon the subscriber had repudiated the subscription and asked to have the contract rescinded, The Court hoid that the defence will not avail to re- lieve the subscriber trom his contract; that he became a stockholder under a certificate entitling him to the shares of stock named therein, and that the words ‘Not assessable’ stamped across the face of the certificate did not Import more at most than that he would not be liable’ to assessment after he had paid the full amount of the subscription and could not in any event destroy the contract. It was suid in this connection that the idea that the capital of a corpora- tion is to be treated like a football to be thrown into the market for purposes of speculation that its value may be elevated or depressed to advance the interests of its managers, 18 a modern and wicked in- vention which will not be tolerated by the courts, Upon the question of the alleged recession of the con- tract in consequence of the violation of the agreement as to the note, it is held that it wes not before the Jury, that the only question of fraud submitted was that in reference to the eighty per dent of unpaid subscription, and that could uot avail by reason of the want of diligence in the subscriber in not ascertaining his lia- bility respecting it under the regulations of the com- aa antl it was demanded. Reversed. Mr. Justice Hunt delivered the opinion; dissenting, Mr. Justice Miller, with whom concurred the Chief Justice and Mr, Justice Bradley. No. 15. National Bank of Commerce of Boston vs. The Merchants’ National Bank of Memphis.—Error to the Circuit Court for Massachusetts.—This case pre- sents the question whether a bill of lading of merchan- dise made deliverable to order when attached to a time draft and forwarded with the draft to an agent for ,coilection without any special in- structions may be surrendered to the drawee upon his acceptance of the draft, or whether the agent’s duty is to hold the bill of lading after the acceptance for the payment of the draft and the Court hold that the agent can be held liable to the owners of the draft for a breach of duty in surrendering the bills of lading on acceptance of the draft only after special instructions to retain the bills until payment of the acceptances, Reversed, Mr, Justice Strong delivering the opinion. BUSINESS FAILURES. The firm of Dufais & Ebert, whose failure was an- nounced about two weeks ago, have sont in a notice to the Cotton Exchange requesting their creditors to make known all their accounts to the committee, This is one of the formalities necessary prior to their resumption of business on the Exchange. Mr. W. T. McdJilton, of the firm of Johnson, Hirsch & Co., who failed some time since, has stated his inability to meet his engagements with the creditors of the old firm. Mr. John N. Heubner, a large jobber in four and @ metuber of the Produce Exchange, whose store is in Twenty-fiftn street, near Seventh avenue, yesterday an- nounced that he had suspended payments. The failure ig not very great, but a large number of merchants are slightly interested. A meeting of the creditors will be held to-morrow, at which a full statement will be given of the affairs of the firm. ©. B. Conant & Co., large and well known coal deal- ers, of No. 111 Broadway, Uhl made a general assignment for the benetit of all their creditors to Mr, William H. Marston. ‘Assignments were also filed by Michael J. Sheppard, tailor, of No. 9 John street, to John Clifford; and by Mesers. Khegherz & Kuhn, dealers in plated and horn jewelry and fancy goods, of No. 310 Broadway, to Mr. Henry Dauscha, Creditors of the firm of E. Butterick & Co., fashion publishers, representing claims amounting to $125,000, met yesterday at the office of Messrs. Tracy & Catlin, Brooklyn, and assented to a proposition by the firm to pay fifty cents on the dollar at six, twelve, eighteen and twenty-four months. §. B. Potter & Co., No. 73 Broad street, @ butter and cheese firm, whose paper went to protest on Saturday, made an assignment 2 nee to Nehemiah P. Stanton, No. 43 Wall street. Mr. Potter would pot state yester- day the oxtent of his liabilities or what lement he is prepared to make with his creditors. THE CLEWS FAILURE. The creditors of Henry Clews who have recorded their objections to his discharge met yesterday ut the office of Mr. Edward F. Ketchum, Register in Bank- ruptcy, No. 139 Fulton street, through their attorneys, and asked for a further extension of time to file the specifications of their grounds of opposition. Mr, Clews was represented by his counsel, Mr, Guiteau, who strongly opposed any further delay, saying that the creditors bad not shown proper diligence in the matter, The creditors should have filed their specifi- cations yesterday, but they have not yet finished tho different examinations of Mr. Clews, which have to take place before the papers regarding the specifica- tions can be signed, granted by the Register to.the firms of Townsen Dyett & G ith, of Sandford, Robinson & Wood- k Bell, also, on behalf of B. H. Cheover, The cases are expected to come off on the 11th inst i two P. M. REAL ESTATE SALES. Quite a respectable attendance were present at the Real Estate Exchange yesterday, but very little spirit was manifested among the bidders. ‘A. E. Lawrence & Co, sold, by order of the Supreme Court, under foreclosure, E. D. Gale, refores, eight lots fronting on Eighth avenue, west sido, from Seventy- second street to Seventy-third street, also two = adjoining lots on Seventy-second and Seventy-third streets, subject to @ mortgage held by Angust Belmony The four lots on Eighth avenue, each 25x1022, north of Seventy-second street, and the two lots adjoining on Seventy-second street, north side, 25x102.2, were first offered, and sold under proviso that two-thirds of the purchase money, not ex- ceeding $90,000, could remain on bond and mo! for five years. “The said six lots were sold to Miller, Stout- enburg & Peckham, attorneys for the purchaser, for $90,000. The purchaser is said to be August Belmont. The four lots adjoining on the west side of Eighth avenue, south of Seventy-third street, 25x102.2, and the two lots adjoining on the south side of Seventy-third street, 26x102.2, were also sold under condition that two-thirds of tho pur- chase money, not exceeding $70,000, coutd remain on bona and mortgage for five years, Miller, Stoutenburg & Peckham, attorneys for the purchaser, bid in the same for $70,000, August Belmont being said to be the true purchaser; said property is valucd at $180,000. Blackwell & Riker sold, por order of the Suprome Courty one four story brick house, with lot 22x73 on West Ténth etreet, northeast corner of Waverley place, to C. K. Larned, for $16,500, said property being , ’ James M. Miller sold, , order of the Supreme Court, the house with lot 16.8x70 on Lexington ave- nno, east side, 17.1 feet south of Forty-ninth street, subject to a mortgage of $9,000, to John W. Andrews in all $12,700, said property being valued at $16,000. ‘liam Kennelly sold, by ordor of the Supreme Court josure, six lots on 139th street, north side, eust of Tenth avenue, subject to a mort gage of $7,250 50, to Elizabeth Clark, plaintiff, for $1 over and ‘above’ the mortgage, said property being valued at $11,000 ATHLETIC SPORTS. This, the second day of the professtonal pedestrian | games, on the grounds of tho New York Athletio Club, | at Mott Haven, promises to be full of interest to all who love outdoor sport, There are two events on the pro- ramme—the run of one mile and walk of threo miles, Fach will bring to the score some of the best per- formers in the land. ‘The grounds can be reached by trains from the Grand Central depot, or by boat from Peck slip and Fulton ferry. The storm of Saturday last having prevented tho es In Prospect Park, a portion of the pro- gramme, including the ten mile walk in 100 minutes will take place this morning, commencing at half-pas' ten, ‘The fall gamee of the New Jersey Athletic Association will como off to-day at Ridgewood, N. J. “Bach of tho 6 are open handicaps, and bave liberal entries, brace a run of 100 yards, one mile walk, half mile run, throwing the ball, bush burdie (about 440 yards), ahd quarter mile run, ‘he track 18 an exact quarter of a mm WESTON IN CHICAGO. Avout one hundred citizens of Chicago have guaran- teed a purse of $5,000 as a prize ina walking mateh be- | tween Edward Payson Weston, of this city, and Daniel O'Leary, of Chicago, to shall walk the greatest number of tiles within s1x con- secutive days, the contest to take place {mn the Expo- sition Buildings, C o, commencing the 16th mst, Mr, Weston last night telegraphed to the committee his acceptance of the proposition, Ten days more were eee | be awarded to the one who | AMERICAN JOCKEY CLUB. Racing at Jerome Park—Ex- tra Meeting. Cheerless Weather and a Heavy Track. FIVE WELL CONTESTED RACES. Leander, Weatherby, Mattie W., Rhadaman- thus and Diavolo the Winners. Tho track at Jerome Park was very heavy and hold- ing, resembling a quagmire nearly all around it The weather was cold and cheerless, and yet thero was a mugh better attendance than was anticipated There has been very often in better weather fewor people at Jerome Park. The racing was very good, aud gave general satisfaction to all but the losers, Five events were on the card, all handicaps, the first being a dash of three-quarters of a mile, the second a dash of a mile anda half, the third a mile and an eighth, the fourth one mile, und the fifth a steeplechase over thé regular course, The time made in all the races was very good under the circumstances, as the track could not posel- bly have been much heavier than it was. ‘Tho first event was a free handicap eweepstakes of $20 each, if'not declared out, with $500 added, of which $125 was to be given to the second horse. Five horses came to the post, These were G, Lorillard’s bay colt Leander, by Enquirer, dam by Lexington, 8 years old, carrying 90 Ibs.; J. F. Chamberlin’s gray filly Lizzie R., by Astor, dam Fairy, 3 years old, 95 Ibs. ; W. R. Babcock’s chestnut colt Egypt, by Planot, dam Lady Barry, 4 years old, 108 Ibs,; and D, D. Wither’s imported chest- nut colt Athlete, by Gladiator, dam Rose of Kent, 8 years old, 921bs. Lizzie R. had tho call in the betting ‘on the last pool sold, Egypt having been the favorite previous, The following were a few of the best sales, showing the-average of THE BETTING. Egypt. 60 100 150 200 Lizzie R. » 80 60 130 150 Leander . . 80 80 BO 130 Athlete » % 90 60 100 THR RACE, Athlete was first away, Egypt second, Leander third, Lizzie R. far behind, When the horses reached the blu Leander had the best of it by a neck, Egypt second, a length in frontof Athlete, the latter four lengths in front of Lizzie R, As the horses passed out of sight around the hill Athlote was leading by half a length, Leander second, two lengths ahead of Egypt, Lizzie R, five lengths away. | When the horses appeared in view on thé lower turn Athlete led by a head, Leander second, half a length in front of Egypt, the latter six lengths in advance of Lizzie R, The latter began closing on the lower turn, and aftera splendid run up the homestretch through the deep mud, Leander won the race bya length, Lizzie R. second, two lengths in front of Athlete, the latter a length in advance of Egypt. Time, 1:21%4. The Mutuels paid $21 10, ‘The second race was a free handicap sweepstakes of $25 each, If not declared out, with $050 added, of which $150 to the second horse; one mile and a half. Six horses came to the post. These were John 0’Don- nell’s chestnnt colt Milner, by Leamington, dam by Lexington, 3 years old, 98 Ibs.; J. G. K. Lawrence's bay horse Shylock, by Lexington, dam Edith, aged, 118 Ibs. ; D. McDaniel’s chestnut colt Willie Burke, by Bay- ‘wood, dam Katinka, 8 years old, 92 Ibs., and the samo gentleman’s chestnut colt Big Sandy, by Australian, dam Genuera, 8 years old, 99 Ibs.; Dr, Cattanack’s bay colt Lelaps, by Leamington, dam Pussy, 8 years old, 86 Ibs., and Allen Atchison’s chestnut colt Weatherby, by Planet, dam Weatherwitch, 8 years old, 85 Ibs, McDaniel’s team had the call in the betting. The fol- lowing was about an average of THR BETTING, 170 160 lo 100 50 65 65 60 60 60 Shylock was first away, Milner second, Willle Burke third, the others close together, When the horses reached the three-quarter pole Weatherby was loading two lengths, Big Sandy second, Shylock third, Milnor fourth, Lelaps fifth, Willie Burke sixth, Tho horses came dashing upthe quarter stretch through the slush, ‘Weatherby showing the way by threo lengths (the latter running quite easily apparently), Milner second, a neck infront of Big Sandy; Willie Burke fourth, Shylock fifth, Lelaps sixth. Weatherby showed tne way through the mud around the upper turn by two lengths, Milner second, half a length in front of Willio Burke; Big Sandy fourth, two lengths abead of Shylock; Lelaps sixth. At the quarter pole Weatherby had four lengths the best of it, the others as before, Going around the hill Weatherby was four lengths ahead, Willie Burke, who was @ neck in advance of Milner, Big Sandy fourth, Shylock fifth, Lelaps sixth. The positions of the horses were unchanged while out of sight, and ag they came on to the lower turn Weatherby scemed a winner beyond a doubt, as he was running well in hand, while all the others seemed to be laboring. He was four lengths ahead of Milner at the three-quarter pole, the others drawing up close together, Aftera fine gallop up the homestretch Weatherby won easily ,| by three lengths, Milner second, half a length in front of Shylock, the latter six lengths in advance of Big Sandy, Lelaps fifth, Willie Burke sixth, Tima, 2:51}. ' «+ The Matnels paid $44 50. The third race was a selling eweopstakas of $20 each, with $500 added, of which $125 was to be given to the second horse; the winner to be sold at auction. Horses entered to be sold for eo". to carry weight for age; if entered to be sold for $750, allowed 3 lbs. ; if for 7ibs.; if for $300, 121bs.’ One mile and an eighth. Five horses faced ‘tho starter. These were A M. Bar ton’s bay horse Survivor, LA Vandal, dam EA Lexing- ‘5 yoars old 114 ; D. McDamel's bay fly Mattio y Red Dick, dam Etta Shippen, 4 years old, carry- 93 Iba, and the same gentleman’s brown filly Carter, i Sy: ralian, dam Miss Carter, 3 years othe Wi 7 Babouck's black, colt Vandetbil by jam Melrose, 4 years ol and J. ¥. Chamberlin’s bay colt Phe Hoaxer, by War Dance, dam Lass of Sidney,-4 years old, 96 lbs. Vanderbilt and McDaniel’s team were the favorites, The following was the stato of Vanderbilt... 17% =6200 150 McDaniel’s team. 165 «210155 | Survivor... 100 110 85 | ‘The Hoaxer. «@ 65 8 ‘THM RACE. Mattie W. was away first, Vanderbilt second, Evelyn Carter third, Survivor fourth, The Hoaxer fifth. Evelyn Carter soon ran to the front, and passed the stand one iength clear of Vanderbilt, Mattio W, third, Survivor fourth, The Hoaxer pba om | up tho rear. Evelyn Carter showed the way around the upper turn, and at the quarter-pole was two lengths fn advance of Vander. bilt, the latter half a length in front of Survivor, Mattie W. fourth, The Hoaxer as before, Evelyn Carter kept in front until she passed out of sight, but when tho horses came in view on tho lower turn Mattic W. was | | leading, Vanderbilt cecond, Survivor third, Evelyn Carter fourth, she having performed her mission by making the running for Mattie W., The Moaxer bring- ing up the rear, Matto W. then ‘caine away rapidly | from the others, and galloping gamely up the bomo- stretch, won the race by six hes jurvivor second, alength in front of Vanderbilt, the latter ten lengths ahead of Evelyn Carter, The Hoaxer ten lengths further off. Time, 2:07, Mattie W., was bought in. Tho Mutuels paid $19 50. The fourth ovent was a free Handicap Sweepstakes | of $20 each, ifnot declared out, with $500 added, of which $125 to the second horse, the distance one mile, | There were oight entries, seven of which came to the post. These were George Longstaft’s black colt Rhada- manthus, by Leamington, dam Nemesis, 3 years old, 106 Ibs. ;'D. McDaniel & Go.’s brown filly Josio B., by ‘Asteroid, dam Canary Bird, 4 years old, 104 Ibs. ; John O'Donnelt’s chestnut colt Milner, by Leamington, dara by Lexington, 3 years old, 100 lbs; Georgo L. ‘Loril- lard’s bay colt Leander, by Enquirer, dam by Lexingto: 8 years old, 07 Iba ; Taylor & McCormack’s bay col ‘Arcturus, by Planet, dam Elkhorna, 8 years old, 93 | ibs, ;. D. D, Wither's chestnut colt Athlete, by Gladia- wur, dam Rose of Kent, 3 years old, 92 Iba, and Allen Atelison’s chestnut colt Weatherby, by Planet, dam Weathorwitch, 8 years old, 88 Iba’ ‘Khadamanthus | was a great favorite over any of the others, notwith- | standing tbat they all sold very well. Thg following | shows the state of ‘THR HETTING. | Rhadamanthus. 1,000. 500 860 Weatherb 410 208° 158 25 135 185 250 105 115 | 106 76 85 | 126 60 85 140 % 35 ms After a number of breakaways » good start was d, Weatherby dashing to the front, Leander sec- Arcturus third, Rhadamantbus fourth, Athlete | filth, Josie B, sixth, Milner seventh. eatherby showed the way around the upper turn and at tho | quarter pole ied a length, Arcturus second, Khadaman- | thus third, Leandor fourth, Athlete fifth, Josie B. sixt! Milner sevonth. “The hordes ras rapidly down to ai around the bluff, Weatherby still leading, Arcturus sec- ond, Rhadamanthus third,’ Leander fourth, Athlete, filth, Josie B. sixth, Milner'seventh. While the horses were out of sight they made some change of places, uf when they appeared in view ou the lower turn Rhada manthus had his head in front of Arcturus, Weatherby third, Milner fourth, Athlete fifth, Josie 8, sixth, Leandes seventh, Gotting into the homestretch Rhadamanthus away on the inside, close to the fence; Arcturus second, far on the other side of the track; Weatherby and Mil ner on the inside, behind Rbadamanthus, the others following as best ‘they could. Rhadamanthus went under the wire a winner by three lengths, Arcturus second, alongth in front of Weatherby, the latter # length'in advance of Milner, Jose. B. fifth, Leander sixth, Athlete seventh. ‘Time, 1:4934. The Mutuels paid $10 10, Tho closing event of the day was a handicap steeple- chase for a purse of $1,000, of which $200 ¢o the second and $100 to the third; éntrance free; three or more horses, the property of different owners, to start, or no race; about two miles andahalf, There e Bix el tries, four of which caine to the post, The field con- sisted of Ayres & Suthife's bay gelding Diavolo, by Jonesboro, dam Ninette, 5 years old, carrying 165 tbs, ; K. V. Snedicor’s bay mare Osage, by Pat Malloy, dam Leonard, 4 years old, 140 Iba, ; J G. K. Lawrence chesnut horse Besoluto, by Revolver, dam Mattie C., 5 yoars old 138 ibs., and William Smith’s chestnut geld- ing Boz, by Diekens, dam Chicamauga. 4 years old. 115 Ibs. Diavolo waa a great favorite over the others, as the following pool sales show :— Diavolo. 800 00 115 Resolute 85 200 125 Osage. 85 150 85 Bou 20 40 2 THK The horses had a very even start from a point imme- diately under the bluff below the club house, Osage going to the front, Boz second, Resolute third, Diavolo fourth, The first obstacle was a hurdle behind the judges’ stand, and this was taken Grea by Boz, who went over without touching the brush, followed by Osage, who gave the top rail a rattling, following were Resolute and Diavolo, the latter jumping very nicely. The horses then rau to the lower end of the fractional track, and Jumped the fence into the north field, Box leading @ length, Resolute second, a@ longth in advance of Osage, the latter a length ahead of Diayolo, Boz then dashed away to the opposite side of the field and there jumped a rail (once, four lengths ahead of Resolute, who was six lengths in tront of Osage, the latter two lengths clear of Diavolo. Circling ground the field another rail fence was in the way near coming out of the field, Boz was still showing the way, the others following in the order given. Boz-then came out with a rush ana knocked down the hurdle at the foot of the biuff, followed by Resolute, Osage, and Diavolo, in close order, Boz then showed the way into the south field, and jumped first a rail fence, then two fencos and ditches, and afterwarda a fence and embankment, the others following on in the order given above. The horses then had the water jump before them, which was directly in front of the grand stand and club house, Boz led one length over this, Resolute second, ten lengths ahead of Diavolo, the latter one length in front of Osage. The horses then ran up the shute between the fractional and regular t ing over ahurdle, then across the regular track to an outer field where they met aditch, Boz led all the way, and ran up the hill to the picnic grounds four fengths in front of Resolute. There was a pause here tor a few moments, and then all the horses got closer together. Boz jum the stone wall on the top of the hill two lengths in front of Resolute, the latter two lengths in advance of Diavolo, Osage close up. The horses then scammpered down the rocks and crossed the track into the north field, In doing so Resolute took the lead, followed by Diavolo, Osage third, Boz fourth. Resolute was first over tho stone wall in the centre of the field, two lengths ahead of Diavolo, who was one length in advance of Osage, Boz three lengths behind. Resolute was first out of the field, over the hurdle that was down at the foot of the bluff, into the south field and over the brush fence, and ‘then quickly circling to the right led ~ half a length to the fence and ditch, Diavolo second, Osage third, Boa fourth. While the other horses took a long turn around to the next fence and ditch, Boz took a short ‘one, and Ponttn forcing him to the top of his speed, he was first over the ditch and out into the regular track, Jeading Diavolo a length, Resolute third, Osage close up. Boz was ridden splendidly, young Pontin keeping him in front and bringing him to the last hurdle, which was on the homestretch, 100 yards from the stand, on even terms with Diavolo, The two horses made their jumps together and landed parallel; but after a most exciting run home, Diavolo won the race by & length, Boz a length ahead of Resolute, who was only haif a length in front of Osage, tho two latter having made a gallant run home after tho leaders, The time of the chase was 4:38%. ‘The Puris Mutuels Tho following are tl THE PIRST RACE. Fran Hanpicar Swearstakes, of $20 each, if not de- clared out, with $500 added, of which $125 to ths second horse, Three quarters of a milo, STARTERS, P, Lorillard’s b. ¢ Leander, by Enqairer, dam by Bonnie Scotland, 8 years old, 90 Ibs. (McCarthy).. Jobn F, Chamberlin’s g. f. Lizzie R., by Aster, dam rene 8 years old, 95 Ibs. (es seeeee D. D. Withers’ ch, ¢. Athlete, by tor, 3 y! old, dam Kose of Kent, 92 Ibs. (Sayres)..-......++ W. BR. Babcock’s ch. o. Eaypt, by Planet, dam Lady Barry, 4 years old, 108 Ibs. (Hazard)..... Timo, 1:2134. ‘THR SECOND RACE. Free Hanpioar Swenrstakes of $25 each if not de- clared out, with $650 added, of which $150 to the seo ond horse, Ono mile and a half. STARTERS. ch. ¢, Weatherby, by Planet, dam Ney alee | years old, 85 lbs. (Doig). John O'Donnell ilner, by a, dam by Lexington, $ years old, 98 Ibs (Sayres).... J.G, K. Lawronce’s b, bh. Shylock, by Lexingto dam Edith, rr A a aged, 118 Ibs. (Pontin)....-...ccese000 D. McDaniel’s ch. ¢ Big Sandy, by Australian, dam Geneura, 3 years old, 90 Ibs. (Spilman).........+++ Dr. Cattanack’s b. Lelaps, by Leamington, “dam Pussy, 8 years old, 86 Ibs. (Kelly)... ae D. MeDaniel’s ch. ‘ce, Willie Burke, by Baywood, ‘dam Katinka, 3 years old, 92 Ibs. (Clark)...... Time, 2:51. ‘THR THIRD RACK. SxLicve Sweerstakks of $20 each, with $500 added, of which $125 to the second horse; the winner to be sold at auction; horses entered to be sold for $1,000 ta carry woight for ago; if entered to be sold for $750 al- lowed 8 Iba; if for $500, 7 Ibs. ; if for $300, 12 Ibs, One mile and an eighth, eae mo Allan Atchiso1 een ene STARTERS. D. McDaniel’s b. £ Mattie W., by Red Dick, dam Etta Shippen, 4 years old, 93 10s.; $300 (Clarke).. 1 A.M. Burton’s’ b. bh. Survivor, by Vandal, dam by ‘Lexington, 6 years old, 114 Ibs. ; $1,000 (Hughes). "R. Babcock’s blk. Vanderbilt, dam Meiroge, 4 years old, 105 Ibs. ; $750 ( D. McDaniePs br. f. Evelyn Garter, by A ian, ‘dam Miss Carter, 3 years old, 85 Ibs. ; $500 (Spil- i mad)......- Teer eee Ree eee Oe eEeS 4 F. ‘in’s b. ¢. The Hoaxer, by War dam Lass of Sidney, 4 years old, 96 Ibs.; $300 (BOO). .ceercrereeeres oer . sreeee S Time, 2:07. ‘THR POURTH BACK. Frees Hanpicar Sweerstakes of $20 each if not de- clared out, with $500 added, of which $125 to the second horse, One mile. ‘STARTERS. Geo. Longstaff’s bik. o Rhadamanthus, by Leaming- ton, dam Nemesis, 3 years old, 106 Ibs. (clughes);. lor & McOormack’s b. c Arcturus, by Planet, iam Elkhorna, 3 years old, 93 Iba (Scott). ve Allan Atchison’s ch. « Weatherby, by Planet, dain Weatherwitch, irg! old, 88 ibs. (Spilman)...... a ee sci 100 Se arrester? ington, 3 years ATES)... eee eee D. McDaniel’ Josie B., by Asteroid, dam Ca- nary Bird, 4 years old, 104'lba (Clark). George L, Loriliard’s b.'c. Loander, by Buquirei dam by Lexington. 3 years old, 97 lbs. (McCarthy) D. D. Wither’s imported ch. c, Athlete, by Gladia- tear, dam Rose of Kent, 3 years old, 92Ibs, (Doig) ‘Time, 1:49. THR VIPTH RACK. HaspicaP Srearexcnase.—Purse $1,000 (given by J. G. Bennett), of which $200 to the secoud and $100 to the third horse. Entrance free. Throe or more horses, the property of different owners, to start, or no race. STARTERS Ayres & Sutliffe’s b. g. Diavolo, by Jonesboro, dam ‘Ninette, 5 years dil, 165 Ibs, (jlidgeley).... William Smith's ch. & Boz, by Dickens, dam mauga, 117 lbs. (Pontin).. eevee J. G. K. Lawrence's ch. h. Resolute, by Revolver, dam Mattio ©., 5 years old, 138 Ibs’ (Little).......1 EB. V. Snedicor'’s ch. £ Osage, by Pat Malloy, dam ‘Kate Leonard, 4 years old,'140 Iba, (Meany). .... +6 Time, 4:38%. a aon eo he WEST SIDE DRIVING PARK. SILVER TAIL THE WINNER OF THR RACE FOR “THIRTY-FOUR” TMORSES. Of the two events announced to come off at the West Side Driving Park yesterday afternoon but one took place—that for the “thirty-four” horses. The with- drawal of the “forty” class was duo to the limited at- tendance, there being Jess than one hundred persona present. There responded to the call of the judges Dr. Heard’s bay mare Ellon Mary, Mr, Loonard’s sorrel maro Lavinia, B. 6, @unn’s chestnut gelding Silver Tail, L, E. Dunham’s chestnut gelding Don and D, B. Gots bay mare Carrio N, There was but litde aL and that of no consequence. Don won the first he and Silver Tail the second, third and fourth, which gave him the race, The track was slow aud tho after- noon cold and cheerless, SUMMARY. Waar Sipe Drivinc Pans, Jersey City, N. J., Nov. 1, 1875.-—Purse $150, for horses that never beat 2:34; | mile heats, three in five, in harness, B.C, Gunn’s ch. g, Silver Tail. wo tits L. E, Danbam’s cn. g. Don. 233 D. B, Goff b. m. Carrio N. baa " m. win Mr. Leonard's 8. 465 4 Dr. sare m. Ellen Mat FOOTBALL ‘The twenties of Columbia and Rutgers colleges will | play a game of football, at New Brunswick, N. J., this afternoon, The contest promises to be very interesting, A NOVEL CASE. Captain J. W. Phillips, @ commander In the United States Navy, on leave of absence, has beon fined $100 by the United States Local Inspectors of Steamships, for commanding a Pacitic Matl steamship without being provided with # ‘‘master’s certificate.’”