The New York Herald Newspaper, November 17, 1875, Page 5

/ NEW YORK HERALD, WEDNESDAY, NUVEMBER TWEED'S STRUGGLE, Dismissal of the Appeals by the Court of Appeals. . DISCRETIONARY POWERS OF THE LOWER COURT. The Act of 1875, Authorizing Suits in the Name of the People of New York, Constitutional. Aunaxy, Nov. 16, 1875. Im the Court of Appeals to-day tho foilowing cases were decided:—The People of the State of New York, respondents, vs, William M, Tweed, impleaded, &e., appellant; David Dudley Field for appellant; Wheeler H. Peckham for respondents; Church, Chief Justice. ‘The questions presented on this appeal are:— First—Whether the defendant can be held to bail ina second action commenced for the same cause of apre- vious action discontinued. The defendant invokes tho maxim, ‘Nemo debet bis verari* pro una « eadem eausa.”’ (3 Moore, 607.) Assuming that this ts for the same cause of action as the previous action, It is always a question of fact depending upon circum- stances whether the second action is vexatious, When such is the fact the general rule is that the defendant shall not be again arrested, otherwiso he may be. The exemption is not a matter of legal right, but is to be determined by the circumstances (1 Chitty rep., 161-273; K. B., 2 Wilson, 881; 2 Stra, 12-16; K. B., 1 Stra, 430; 14J. R., 346; 8 Taneit, 24). The first action was discontinued upon the final decision of this Court against the right to bring it in the name of the people of the State, A special act of the Legislatre was sub- sequently obtained authorizing it, and this action was commenced in pursuance of such act. The good faith of the former prosecution is not questioned, and the tircumstances repel the idea of vexation. It is not re- teivable in this Court. Second-—The second point is that the first action was not discontinued when the arrest was made, and this is affirmed npon the ground that the costs of the former action had not been paid. The action was discontinued by an order of the Spectal Term, and the plaintif's were ordered to pay the costs, which was offered to be done on behalf of the plaintiffs as soon as adjusted. We think the order of discontinuance was valid and effected from the time it was served, and the plaintifis would not be in fanit until the defendant procured the costs to be adjusted and demanded, which was never done. The question as to the remedy of the party would have been presented to the Court below is a question of practice for that Court to deter- mine. Third—The next point urged is that the order to hold to bail should be vacated, because the plaintiffs also procured an attachment. It docs not appear that any property was levied upon by virtue of the attachment, Besides, this Court has held that an order of arrest and attuchment may be had in the same action, and that it is discretionary with the Court to determine when both remedies may be re- sorted to. (50 N. Y., 456). Being discretionary it is not reviewable here. Fourth—1t is also urged that the amount of bail is excessive, This is clearly a question of discretion with the Court below, and so noi appealable. There is is no tule of law that a party shall not be held to bail in the sum of $3,000, especially im a case where the amount sought to be recovered ts double that sum, Fifth-—The last question presented js that the act of {875 authorizing this action {s unconstitutional upon the ground that the Legislature cannot inter- fere and authorize the Attorney General to prosecute for money belonging to the city or tounty of New York. We agree with the counsel for the plaintiffs that this is a question which should be litigated on the trial of the action and not determined upon a special motion, for obvious reasons urged by him. It is-®ot improper, however, to say that in the former activy this Court, while holding that the action could not then be prosecuted in the name of the people of the State, intimated that the Legislature bad the power to authorize such prosecution by stat- nie The act of 1875 was passed for buat purpore 1 bave examined the brief of the earne#l counsel and the opinion of Judge Cooley cited by him in 28 Mich., 228, containing an able discussion of the relations existing between the Btate government of Michigan and municipalities within its jurisdiction, and the right of the former to control the local concerns of the latter, and they have failed to convince me that the Legislature of this State does not pours full power, except as restricted in the constitution, to control by direct législation the local aflairs of a public nature of any of the civil divisions of the State. This general proposition was aflirmed by this Court in the People vs. Flagg, 46N. Y., 401. It is, however, unnecessary to elaborate the question or definitely adjudicate it, as it more properly belongs to the trial of the action. The appeal must be dismissed, THY MLL OF ‘PARTICULAKS—PLEADINGS, The People, respondents, vs. William M. Tweed, im- leaded, X¢.,, dppellant.—D, D. Field, for appellant; '. H. Peckham, for respondents. Maller, Justice, The questions arising upon this appeal are purely Jegal and must be disposed of according to strict legal rules. As to that portion of the order in relation toa Dill of particulars, it is sufficient to say that it was a matter purely discretionary, as was recently held by this court in the case ot Tilton vs. Beecher. No question arises as to the burden of proof, which presents an oxception which takes the case out of this general rule. The refusal of the Court to extend the time to demur upon the de- cisions of the appeal from the order of the Special Term was, also, a matter of discretion with the exer- tise of which this Court should not interfere. The defendant could have demurred to the complaint in the first instance had he chosen to do so, and thus bave presented the question as to whether the city was a proper party us well as such others as could roperly arise in that form. As he sought by motion to haye the pleading made more specitic, he has no just ground for complaint that the Court, in'view of all’ the facts, compeiied him to answer, Nor does the stipulation of the plaintiff's at- torney in any way affect the question, for it was super- ieded ‘by the order ot the Special Term, which gave the fefendant time to answer or demur, kc., until twenty fays after the service of the amended complaint, When shat order was reversed on appeal the Court had full powor to direct what terms should be imposed upon tbe defendant. The complaint does not contain a separ- ate charge for neglect und another for conspiracy. It purports to give a vee td of the acts connected with the conspiracy, and therein it appears, by way of nar- ration, that the defendant and his associates were justly chargeable with negligence as well as traud in the performance of their oficial duty. This clearly is not aseparate and distinct clasm for a neglect of duty apon which. the action was based, but a statement of a fact, auxiliary to and in aid Of the general charge of conspiracy’ by means of which the money was obtained. It may be regarded as a part of the alleged conspiracy and appropriately inserted in presenting its real character and as constituting a portion of the course of action against the defendant. The question as to compelling an election, therefore, between the charges of con- spiracy and the charge of neglect does not arise, Even if it did, tho right to compel an election would also bea matter of discrotien of the Court to which the applica- tion was addressed, The learned counsel for tho defendant insists that the different acts of fraud referred to in the complaint, and specifically stated in the sohed- ales, should stated separately, in conformity with section 167 of the Code. In this, | think, be is entirely In error. This position is based upou the ground that each of the items constitutes a separate, distinct and independent transaction, and therefore each one ot them forms of itself one cause for action, I am ata Joss to see how such can be the caso in an action like the present any more than in acase where the action is brought upon an account composed of different articles furnished at different times and of various amounts. The Pleader here alleges that by virtue of an act of the Legislature it was enacted thai all liabilities against the county of New York should be andited by certain officers, who were named, and be paid to the parties entitled to receive the same upon the certificate ° , with the intent to cheat and do- frand the defendant, Tweed and one Watson did unlaw- fully and frandulently combine, conspire and agree to- gether to procure false and pretended claims to be set up, allowed and paid in formal compliance with the same act. That these pretended claims, falsely alleged ind purporting to be such fiaoilities of the county, amounting to over $6,000,000, as specified in the schedule annexed, which was made a part of the complaint, were in apparent formal compliance with the act certified to, have been audited aad allowed when they were not examined oF audited, and only one meeting of the Board of Audi- tors was ever held, at which noaccounts, claims or lia bilities against the county were presented or consid~ ered, or any proceeding had thereat except that a paper, which is set forth, was subscribed by raid Audi- tors; that said Watson, or his assistants, aeted upon nded accounts of claims in the schedule and tached tiflcates to the same, and that they were all false, fictitious and fraudulent, and did not rep Bent any Habilities against the county which were di- rected to be audited, provided for or paid within the meaning of the uct. Some other allegations are made, not material to bo Blated. As the complaint alleges that all thy items set forth in the schedule were: iraudulent and certified in pursuance of a general conspiracy a statement in detail ‘of each oue separately would be unnecessary, and there is no rule of luw which requires such detailed particu. larity in stating a cwuse of action of this character, At common law, itt ordinary actions of assumpstt, a gen- eral statement ofan account comprehending numerous causes of action 18 regarded as suilicient, ‘There is less Feason for requiring a more particular staten under the te, which was designed — to sBuplity pleadin, and would fail to accomplish We puEpowe If 40 reKt and Ledious prolixity was de. manded. Kven, although In an indictment, under the item of the entire claim did not constitute a single act of fraud of itseif, which necessarily and for that reason must be prosecuted as a separate cause of action, but is one of a series of acts cf Re rte wee Kaoed e conspiracy alleged, whic! forms 4 nd the whole demand of the plaintiff th va. Edminston, 11 How., Pr. R., 409, which is cited, bears no analogy to the case at bar and presents entirely different aspects, The question now presented did not arise and none of tho cases ro- ferred to are in conflict with the views expressed. It should be entirely clear upon a motion of the Court to compel the plaintiff! to make bis complaint | more definite and certain that the —plead- | ing ix insufficient before the Court should | interfere, and unless such {s plainly the | case the relief demanded should be retused. It is not | apparent here that there was any defect in this respect, | and as such applications are addressed very much to the discretion of the Court the decision of the General Term is inal, and no appeal les therefrom to this Court, Matter of Duff, 10,Abb. , 416. It was pot neces: sary that the interest of the city shoald be stated spe- cifically, and it was quite enough to set forth that it had some right or interest in the premises. From the observations made and independent of any other consideration it is evident that the decision of the General Teem was made upon all the points pre- sented in the exercise of a legal discretion existing in that Court, and no legal right having been violated, it is not the subject of review in this Court. See Howell ys. Mill, 53 N. Y., 835; Livermore vs. Bainbridge, 56 N. Y., 72; Tabor vs. Gardner, 41 N. Y., 232. The appeal should therelore be dismissed with costs. Allconcur, Mossrs. Allen and Earle, J. J., concur in result THE BROOKLYN WIFE MURDER. the entire actiot The case of For THE INVESTIGATION BEFORE CORONER SIMMS— THE PRISONER HELD FOR THE ACTION OF THE GRAND JURY. . | spectors were cited to appear before the Committee on An inquest was hold yesterday afternoon before Coroner Simms and a jury, in the £iguth precinct station honse, touching the circumstances attending the murder of Mrs, Elizabeth Burroughs by her hus- band, John G. Burroughs, at her place of residence, No. 247 Fifteenth street, on Saturday morning last. Bur- Troughs, the accused, occupied a seat near the Coroner and eagerly listened to the proceedings. The first witnoss sworn was Mrs, Jenny Johnson, who testified that she resided at No. 247 Fifteenth street; Mrs, Burroughs had occupied a room and back bed- roo in that house, on the second floor; her husband. had been to see deceased threo times since she had}! been living there; the first visit was on November 1, 1875; he then threatened to take the life of his wife; deceased told witness of the fact; the prisoner called to ~ ‘see her again onthe 9th of November, and also on “Saturday, the 13th; witness saw him center the houso* between ‘eight and nino o'clock; heard the report of a pistol; heard a scream and a sound as of some person falling on the floor; then heard the footsteps of a person passing down the stairs; saw Burroughs on the sidewalk ranean after, going down the street in the direction of Fift avenue; he did not walk lke one intosicated; saw nothing in bis hand; beard the report of a pistol twice; . did not go into the room after she was shot; .there was nothing peculiar in the manner of the prisoner while on the street. By a Juror—Did not see the prisoner near the preinises before the shooting; was not acquainted with deceased previous to her moving to these premises; heard no noise or scnille between them at any of the visits of Burroughs; heard no loud talk between them, but heard them talking; I was on the sidewalk when saw the prisoner going’ down Fifteenth street toward Fifth avenue; when I heard the footsteps on the stairs I was in my room, on the same floor; was also there when I heard the report of the pistol; I went down stairs a few minutes after the pistol shots wero fired; could not say how long after it was; Icame down stairs because I was alarmed. SAMUBS CLAY'S TESTIMONY. Samuel Clay, being sworn, testified that he lived in the same house as the preceding witness, and is a carpen- ter by trade; he was down stairs in the back room ot No, 247 Fifteonth street when his father said to him, ‘What noise is that ?”? witness heard a noise ‘as though two chairs were struck together” or ‘a clock was falling off a mantel piece ;"” he ran up stairs, at the request of his father, to see what it was; as he was getting on the landing ‘of the second story he said, “What are you doing, Joe? What are you doing, Joo? addressing these words to "the pri oner; did not see him then, but recognized his voice; when on the landing witness saw Burroughs in his wife’s room; witness’ mother was at the door before he got there; heard a scream just before the Mrict rules applicable to criminal pleadings, separate ounts are required for each item, this rule’ bears nu analogy to a cuse where a cause of uction arises em- racing a large number of items, Thy auditing of each a noise as of a clock’ falling; the door was open, but witness did not then go into the room; saw the prisoner going down the stairs, and went down after him; the accused passed him on the landing at the top of the stairs; when witness said, “What are you doing, Joe?” he remarked, IT 18 DONE! IT 18 DoN®!?? Burronghs then went out into the street, witness being a step or two behind him; witness said, “That is a bad job, Joe! that is a bad job!” I walked down Fit: teenth street with him then to a liquor store, where wo had adrink; the store was on the corner of Fifth ave- nue; when witness said to prisoner on the street, “That is a bad job, Joe,” the latter replied, “1 CAN'T ALY IT; I have put up with more from that woman——” and he stopped at that; the only persons seen by witness in the room were the Burroughses and their little girl; Mrs. Burroughs was lying biceding on the floor, near the door; the little girl is about four years old; ‘had a speaking acquaintance with Burroughs for about four or five years; he seemed to be a quiet man, except that he used to drink. MRS. CLAY’S TESTIMONY, Mrs. Ann Clay, mother of the last witness, testified that she occupied the whole of the lower part of the house immediately under the rooms occupied formerly by Mrs. Burroughs; the deceased had lived there near three months, and had engaged three rooms from the witness; on Saturday morning witness heard a dis- turbance in Mrs. Burroughs’ room; heard a voice, but it was not loud; that was between eight and nine o’clock; did not hear the report of a ol; the noise she heard was of some one falling; also heard a scream; this was almost at the same time; witness went up and turned the knob of the door and could not get it open more than a little way; saw a man in the reom; pushed the door a little and deceased fell out from behind it; saw the face and neck of MRS. BURROUGHS COVERED WITH BLOOD; witness then told the man to come’ out of the the answer he gave was to say, “Itis dor@! itis done! Lam going right to the station;”” witness could not recognize the man who made that remark, as her sight is impaired; the man then went down sta! litle child of deceased came running out of the bed- room when witness stood aj the door; the child went right up to. where the mother lay; witness heard of Burroughs being about the premises betore, but never aw bim; the child was crying, but did not make any remark as to how it occurred; witness never saw a man enter the room of deceased from the time she came to live there; Mrs, Burroughs seemed to be a kind, quiet woman. THE PosT-MORTEM, Dr. A. W. Shepard. who made the post-mortem ex- amination, testified that he found a pistol ball wound penetrating the back of the neck; the hair and skin about this wound were burned; the pistol must have been held close to the neck; the’ powder had passed in- ward about an inch, thus making the opening quite large; this bullet passed out just below the lett angle of the lower jaw; another bullet had entored the front of the neck, passed through the larynx and out at the back of the neck, through the same opening made by the en- trance of the other ball, ° ‘The case was then given to the jury, who, after a brief deliberation, found a verdict to the effect that deceased came to her death by pistol shots fired ay the hands of John G, Burroughs The prisoner, whé maintained a stoic indiference throughout the inquest, was then re- manded to jail to await the action of the Grand Jury, THE SING SING ESCAPE. In regard to the escape of Gustave Kindt, alias “Frenchy,” from Sing Sing Prison on Sunday last, it has transpired that Kindt made his escape through the connivance of one of the keepers, C. H. Willard. War- den Walker, from tho result of bis investigation, thinks that Kindt was in the prison on Sunday morning, was unlocked, togethor with the other prisoners, to go to chapel, and was then allowed by the keeper to conceal | himself in some manner in one of the shops, 80 as to | be able to quietly walk away after nightlall, when all the guards and — keepers woula ' have gone. Witlard reported his absence on Monday and pretended that he had seen Kindt that very morning, bat an examination of his cell showed that ho could not have been in it Sunday afternoon and night. His “kiv’? of water, among other things, was un- touched, and there was every indication that the bird had flown on Sunday morning. Yesterday morning, after the Warden had become pretty well convinced that the escape of Kindt must have been effected through the connivance of Keeper Willard, he sus- pended that worthy, and subsequently he swore outa warrant of arrest from Justice Hyatt, of Sing Sing, on the charge that Willurd” bad aided and abetted Kindt in his escape. This keeper hay occupied his position for several years, although the present Wardon has suspected hit for some time past, indt, who was senttothe State Prison for ten years for grand larceny, committed in Kings,county, Is some- what o! an export at escapes, In 1860 he was first con- signed to the care of ‘the Warden, and in 1871 he suc- ceeded, in a very ingenious manner, in effecting his escape. He then’ was employed in a watch manufactory in New Jersey, robbed his employers, and wax sett back to Sing Sing, | Belgium has the honor of claiming him as one of her sons, He tx about thirty-four years old. Exactly how he eluded detection ‘from th time the prisoners were returned from chapel until the close of the prison does not appear; | but the theory of the Warden 18 that, having been em: ployed in the cooper shop, he probably erawied unseen into one of the empty barrels or concealed himself be- Hind some mound of rubbish, Warden Walker desires to express his full contidence in the integrity of his present staf of keepors, and denics the statoment that | Many escapes through’ the connivance of keepers aro now to be expected. " He has not lost all hope of wel- coming back the slippery Kindt to his old abode, and if he gets him again he says he'll keop him, i A LOS? OLIE Counsellor Jamos H. Fay, of No. 11 Pine street, re- ported to Superintendent Wailing, at the Central De- partment, yesterday, that Jobn 1, O'Sullivan, his client in a lawsuit xt present ponding, had disappeared | ing of startling import the the day previous under circumst (a mysterious nature. A full description of tho missing man was telegraphed to all the precincts, THE COUNTY CANVASSERS. 17, 1875.--TRIPLE SHEET. THE BOARD OF HEALTH. THE CENTEN) . FINISHING UP THE COUNT—A CURIOUS EXPLA- | OPPOSITION TO VACCINATION—THE INCREASE OF | WHAT NEW YORK IMPORTERS SAY ABOUT THE NATION FROM ELECTION INSPECTORS. The canvass of votes cast in thé late election was continued yesterday, and will probably be concluded to-day. Considerable time was taken up in discussing reports as to clerical and other misdakes made by In- Spectors of Election in their returns. In the Seventh Election district of the Twelfth Assembly district some forty votes were sont in as scattering, The in- Corrected Returns to explain this large number of Seattering votes. Two of them stated they were unable (0 explain, but after consultation with the third they concluded the votes should be given to the democratic State ticket. A report to this effect was made by the committee to the Board yesterday after- noon. ‘Alderman Morris and others of the republican members protested against canvassing the vote in this way. They insisted that such a course would establish & most dangerous precedent. Nothwithstanding this protest the report of the Committee on Corrected Re- turns was adopted. Some thirty election districts, in which errors had been discovered, were canvassed yesterday alten ex- planations and corrections from the inspectors. No material changes in any case from the returns pub- lished immediately after election were discovered. The contest between Tunnison and Cudlip, for an Alderman. ship in the Eighth Senatorial District, appears to be definitely settled in favor of tho latter. ‘Alderman Blessing’s resolution, offered on Monday, providing for the submission of questions as to the va- lidity of the election of Marine Court Justices, was placed on file. The Board sat until nine o'clock last evening, twenty- one Assembly districts being completed up to thattime, The entire canvass must be concluded to-day, THE DEATH RATE FROM MALARIAL DiISs- | EASES, | The regular weekly meeting of the Board of Health | was held yesterday, President Chandler in the chair. After the transaction of considerable routine busi- | ness of no general importance the subject of a moro | thorough vaccination of public school children was | warded to the Board of Education. ‘The document states that since the organization of the vaccinating corps, about one year ago, that body has vaccinated 10,590 persons, Speaking of the difli- culty experienced in vaccinating school children, it say! From the beginning of our work in schools we | have tried to induee childr be vaccinated without compuis.on, and hoped to vai Il who required it. | Hitherto we. have succeeded in vaccinating only from ten to filteen per cont of children needing vaccination on account of the opposition by parents, It has been the custom of teachers to send children home and keep them from school about a week when it was discovered | that there was a case of smallpox in their house. This | isn good idea, but it 1s of very little benetit unless all the pupils have been well vaccinated, as they are not out of danger until the period of smallpox inocculation (about two weeks) has passed. Strange as it may ap- pear, we find mstances nearly every day whore the | parents of school children living in’ infected houses will persist in sending their children to school if they be allowed and will not consent to vaccination under any circumstances. Even if smallpox occurs in their own family it makes no difference. With some it BOARD OF APPORTIONMENT. ISSUING CROTON STOCK-—-THE SEVENTH REG- IMENT ARMORY APPROPRIATION —-A MAN- DAMUS ASKED FROM THE SUPREME COURT. A meeting of the Board of Estimate and Apportion- ment was held at the Mayor's offico yesterday He noon, Mayor Wickham, Comptroller Green, Alderman Lewis and Tax Conmissioner Whecler were present. A cominunication was received from the Commis- sioner of Public Works asking for an appropriation, in accordinc with the law, for the purpose of orecting an additional pumping engine at High Bridge. On motion of Comptroller Green a resolution was passed author- {zing the issue of Croton main stock to the amount of $30,000 for this purpose. . A resolution was also passed empowering the Comp- troller to issue Croton Aqueduct stock to the amount of $50,000, to meet necessary expenditures of the Depart- ment of Public Works. ‘THE SEVENTH REGIMENT ARMORY, Comptroller Green presented a copy of an order to show cause, on the 18th inst., why a mandamus should not issue against the Board of Apportionment to com- pel them to place in the budget for 1876 an appropria- tion for building the Seventh rekiment armory on the ground in Lexington avenue leased by the city to this military organization, The order was granted by Judge Donohue, in the Supreme Court, ona lengthy petition presented by the officers of the regiment, setting forth ahfstory of the case. The document annexed to the petition reads as follows:— Inthe matter of the petition of Emmons Clark, Colonel and Commandant, 8. Oscar Ryder, Lieutenant Colonel, and George Moore Smith, Major of the Seventh Regiment Na- tional Guard, State of New York :— i med gentlemen, duly veri- iam H. Wickham, Mayor, ni Green, Comptroller, Samuel A. Lewis, President of the Board of Alaermen, and John Wheelor, President of the Department of Taxes atid Assessinents of the city of New York, composing the Hoard of Estimate and Apportionment of said city and suid Board, show cause at a special term of this Court,to be held at Chambers, at the County Court House in’ the city of New York, on the 18ih day of November, 1875, at ten o'clock thereon, of us soon there- after as counsel can be heard, why peremptory writ of mandamns should not be issued’ out of this Court under seal thereof, directed to the said William H. Wickham, Mayor, Andrew I. Greeny Comptroller, Samuel A. Lewis: President of the Board ‘of Aldermen, and John Wheeler, President of the Department of Taxes ‘and Assessments, 0 tho city of New York. composing the Board of Est Apportionment, and to said Board of Estimate. and Appor- Honment, commanding them and said Board, according to the prayerof the said petition, and why the petitioners should not have such other and further relief or ofter as they may be entitled to. CHARLES DONOHUE, Justice Supreme Court. New Youk, Nov. 11, 1875. The entire matter was referred to the Corporation Counsel, when the Board adjourned. MADHOUSE MANAGEMENT. CONTINUATION OF THE STATE COMMISSIONER'S INVESTIGATION—HOW AN EX-LUNATIC WAS ABUSED—THE EVILS EXISTING AND THE CAUSE—OTHER ASYLUMS. The investigation before Dr. Ordronaux, the State Commissioner in Lunacy and the Citizens’ Committee, as to the alleged abuses in the managoment of the Lunatic Asylum at Flatbush, was resumed yesterday afternoon in the Fireman’s Trust Insurance Company’s office. Before opening the investigation Dr, Ordronaux read a letter from Supervisor-elect David D. Quimby in relation to the treatment of patients at the asylum, The letter had been sent to him by an ex-patient, who had been robbed of his clothing, gagged and tied hands and feet. He had been kept om the floor all night and then thrown into the bathtub, where he was kept till nearly suffocated. It further set forth that other patients had been treated ina similar manner, some of them being kept on ico, Ex-Judge Greenwood did not think they could take any notice of this communication, as it was not sworn to, and it was at best but the word of an ex-lunatica Tho letter was signed by D. W. Talmage, whom Dr. Ordronaux said he could not reach that day, Other members of the committee also objected to the recop- tion of the letter as proper evidence. DR. CORRY RECALLED. Dr. Charles Coery, on being recalled, testified that he had made the statements accredited to him by Commis- sioner Norris the day previous. He believed that the matron, Mrs. Cuningbam, was as well fitted for her duties as the majority of ma- trons, Superintendent Blanchard, witness said, has = many = good —_ traits, but = was. i cordial with the ladies of the visiting committee, Wit- ness did not advise Dr, Macdonald to resign, but on the contrary he told the Doctor to go on and complete his annnal report, and then, if he saw that he could get good private practice, it might be well to consider the question of resignation. Every patient, the witness considered, should have at least two sheets, The law ag it stands at present is too complicated, While supervisory physician of the asylam he had called for better accommodations, spoons, chairs and plates for patients and the Commissioners had applied for them, bat the Board of Supervisors did not furnish them, The plumbing gets out of order and causes great danger to the health of the patients, Commis- sioner Norris said that the Commissioners of Charities give a bond of $100,000 to the people for the faithful performance of their duty, but they are under the control of a committee of tive members of the Board of Supervisors, who give no bond at all and deal out to them the materials required in a very stingy manner. Dr. Coery said the Flatbush Asylum will even now | compare favorably with any other institution of the kind in the State. No asylum could escape prejudice ‘on the part of ex-patients, ARMAND KORRFER, clerk at the Kings Couinty Hospital, testified that a por- tion of his duties was to transiate for the physicians and make requisitions for supplies for the Lunatic ASy- | lum. He submitted a record showing what medicines, liquors and wines bad been farnished each year. In 1875 they amounted to $1,198, which was a redyiction of $900 in one year. All the institutions are suffering for the want of supplies under the new law. They do not get drugs for nearly two months after the timo they make the requisitions upon tho Board of Super- visors, ROWERT HEDDEN, Clerk of the Now York Board of Charities and Correc- tion, testified that the salary of the superintendent on Blackwell's Island is $2,000, and that the medical as- gistants receive $1,200 per year, The attendants got $20 per month, and all appointments are made by the Commissioners of Charities. In the Lunatic Asylum on Ward's Island there are employed forty-four nurses and twenty-nine attendants, The administration thero is economical, Complaints of {ll treatment of patients are made sometimes, When attendants are once dis- charged they aro not taken back again. When a nurse ill treats or kills a patient the offender is turned over to the anthorities, Commissioner Norris said that is what his Board would do. Dr. Ordronaux doubted this, The examination was thon adjourned till three o'clock this afternoon. The Assembly Committee, charged with the inquiry into alleged irregularities in the Quarantine system, met again yesterday at Castle Garden to take testimony, As Deputy Health Officer Mosier, who was expected to tes- tify, could not attend, owing to sickness in his tamily, the committee adjourned until this morning, when they will meet at room No. 206, Metropolitan Hotei, at hall-past nine o'clock, The committee has been in sos: sion forty-eight days, and if they have unearthed noth. | a vast amount | ot evidence, the recording and printing of which will | he a pretty heavy item in the expenses of legislation | for the year. RAPID TRANSIT IN THE RAIN. It seems that the weather is likely to interfere with the prompt running of trains on the elevated rail. | roads unless some means be devised to obviate the shipping of the wheels. Yesterday morning, passengers report, the Greenwich Street Company missed two | trips, owing to the driving wheels of the engine sliding upon the wet rarls, Seience provides no meaus to over: come a difficulty of this kind, which tx always more | marked in caso of light engines than heavy ones. It has been long claimed by experts that the engines used by the comp ly too small, and it 18 | by unknown thieve seems to be a deep-seated prejudice against vaccination, with others a most culpable carelessuess and indifler- ence to consequences; but of course such instances only occur among the most ignorant c! The com- munication further states that mild cases of smallpox are frequently concealed from the authorities. Out of 158 fatal cases of the disease during the past year, sixty were dead when found. In conclusion, the Board of Education are urged to make it compulsory upen all | unvaccinated children attending the public schools to submit to vaccination by either the members of the Board of Health vaccinating corps or by private phy- sicians, The following extract is from the weekly report of the | Registrar of Vitgl Statistics :— “Of the 20 deaths during the past four weeks charged wholly or in part to. malarial fever in this city only 10 were certitied to be directly or wholly caused by local malaria, These were mostly residents on grounds once swampy and never well drained and suitably filled, ‘These deaths occurred in the places here recited : 105th street, between ninth and Tenth avenues, (2) No, 321 West Twenty-fitth street, (3) No. 528 West ‘Twenty-ninth street, (4) No, 408 East Sixty-sixth street, (5) No. 109 Sullivan’ street, (6) corner of Washington avenue and 163d street, (7) ‘corner of 124th strect and Fighth avenue, (8) No. 548 Grand street, (9) No. 755 Fast Fifth street, (10) No. 304 Delancey street, Small as the number of deaths attributed by physicians to malaria is, these cases are worthy of attention, though the Board'of Health may not have means to do more than expose the local causes,” ‘The following is a comparative statement of cases of contagious diseases reported at this Bureau for the two weeks ending November 13, 1875;— Week Ending Diseases. Now. 13, Nov. 6, ‘Typhus tever 0) 0) ‘Typhoid fever. 10 13 Scarlet fever 6 18 Cerebro-spinal mivningitis 4 4 Measles. 3 5 Diphtheria 2 89 Smallpox.......0c.... 35 34 A BIG BLAZ At about two o'clock yesterday morning the people living in the vicinity of the Standard Of Company's works in Long Island City, were startled by a terrific explosion which shook the buildings in the neighbor- hood as though an earthquake had occurred. So yio- lent was the shock, indeed, that even at the Hunter's Point Ferry, a considerable distance from the works, the concussion was plainly felt, The alarm quickly spread, and hundreds were soon at the scene of the ex- plosion, directed thither by a column of flamo that rose a hundred feet in the air. It was soon ascerta:ned that an oil-tank had blown up, and that tho contents were burning fiercely, Tho tank was known as the “distillate tank,” and contained about one thousand barrels of oil in process of distillation prior to under- going the refining process. The tank was made of heavy boiler iron similar to that used in the construc- tion of ordinary gasomoters, and so great was the force of the explosion that the sides were torn asunder like paper, the heavy iron roof was blown off, and the ad- joining brick and stone work was badly shattered. The fire was confined to the tank in which’it originated, al- though there was a similar one, containing 1,500 bar- rels of oil, within a hundred feet of it, and still nearer were the small wooden receiving tanks, one of which was considerably scorched by the intense heat. ‘The tire burned until all the ofl in the tank was con- sumed. Three vessels lying at the company’s docks were more or less injured. The loss is estimated at about $15,000; fully insured. Mr. W. T. Wads- well, the manager of the works, was unable to account for tho origin of the fire except upon the theory that it being acalm night and the atmosphere heavy the gas, which generates in largo quantities during the process of distillation, hung low in the atmosphere, | until possibly it came in contact with the fires in the Votler room, which is about 120 feet to the rear of the tanks. The Standard Oil Company’s works were establishod at Hunter’s Point ten years ago, since which time they have been frequently on fire, ‘In July, 1873, all the company’s buildings, nfachinery, stock, &e., were de- stroyed. They were rebuilt of wood and Were again en- tirely déstroyed in August, 1874, when they were rebuilt with stone and iron, and each building separated trom the others. A good supply of hose was also provided, 60 that in case of fire a dozen powerful streams of water could be brought to bear upon any given spot at a few moments’ notice. At the time of the explosion yester- day morning there were threo watchmen and twelve workmen on the premises. No one was injured. MIRACULOUS RECOVERIES, THE EXTRAORDINARY CASE OF AN ATTEMPTED SUICIDE IN NEWARK—THE VICTIMS OF THE CENTRALIA EXPLOSION. There is in Newark # still more singular caso than that of Carruth, the Vineland editor. Carruth died ultimately, if is truce, but his imme- dinte recovery after the shooting and his living some eight months followifig the attack on his life constitute a marvel in physical and medical science, ‘Tho Newark caso is parallel with Carruth's, so far a8 living with a bullet in the brain, but in other re- spects it is still more singular, It is that of John Hu- ber, a Swiss, who, early on Sunday morning, October | 10, lodged a bullet in his brain, where it still. remains, It appears John had had some trouble with his wife over a “pece”’ of property, but, worse still, he was indictod by the GrandJury for an alleged attempt to criminally assault Miss Hauser, his wife's daughter by a previous husband, and his trial was set down tor October 12. The Saturday night before that day Huber was in a | saloon drinking, and was so despondent over his troubles that he was sneeringly advised to go home and shoot himself. On arriving at home he shot himself with arevolver. The bullet entered ata point three inches from the right temple. Huber fell to the floor, but was speedily removed to the German hospital. Here his case was regarded as past hope. The wound was probed, but the bullet could not be found, The doctors gave him up. The Tuesday came, and when Huber's in- dictment was called in court the Judge ordered that a nolle prosequi be entered in the case, remarking that sor had, doubtless, ere that been called to answer elore A HIGHER TRINCNAL than that over which the Judge himself presided. Quite the reverse proved the fact, however. Huber | pulled through, and, after remaining four or five weeks | in the hospital, finally recovered so far as to warrant his leaving it on’ the 5th inst. While in hospital Huber was attended most devotedly by his wife as well as by the hospital. attachés, He has | been able to move about, but within a few days adyorse signs appeared in his case, He complained of | illness, and his wife applied for his readmission to the | hospital, ‘The authorities insisted, howover, that as he | had left of his own accord he ought now to defray a | portion of his expenses, Mrs. Huber left, and has not since returned. THE CENTRALIA victims. fee, the man who was the most terribly scalded of all the victims of the Centralia explosion, at Bound Brook, except those who dicd, is another case of marvellous life tenacity. When first brought to St. Michael's Hospital, in Newark, it was thought he could not live a half day. He has lived, however, and 1s now doing so well that his recovery is fully expec James R, Hardy, another of the wounded, is, however, sinking rapidly. Thomas Casey, James MeCarthy rick Hayes, Peter Sullivan, James Start and ©, 0 | Treasury resp brought up, and a long communication with reference | to the subject, prepared by the Chief Inspector of the | vaccinating corps, was, on motion, ordered to be for | | send their goou are doing well, and Thomas Ketly, James Riley, } Sheeran, Mike MeDermot amd Jolin Keenan wo charged and yesterday resumed work at Bound rook. | is articlé v be complete without a | ‘ence to one more most extraordinary case of recov. | that of Professor James Garland, the musical Ww Brunswick, who still lives, with covery, despite the terrible st ave his throat and the hammering he inflicted on bis head alter he had, as he supposed, killed his wife. THE ROBBING REGISTER. ening FOSpects of To The latest robberies reported to the Central Office au- thorities are tne following: Harness to tho value of $30 was stolon from the stable of Lous Berge ut No, 426 East Kighteenth street A seedy individual rang the bell at the residence of James H. White, No, 108 East Twenty-wixth street, and While the servant was delivering a decoy note to Mr, White he stole from the hall ra thing value at $23, The machine shop of John Jones, at No. 4° Street, was robbed by burglars of tools worth $: © West likely that the company, to make rapid transit a per- manent success, will be’ forced to construct and rum heavier ones, at an increased cost in tho item of fuel, e Thiovish boys abstracted trom the unoeenped house ean Grooms wtregt a quantity of lead pipe valued | | | the matter, CUSTOMS REGULATIONS—THEY DEMNED AS TOO STRIN With reference to the orde ‘T. rof the Seeretary of the ting the customs supervision of goods destined for the Centennial Exhibition, which was pub- lished exclusively in last Monday's Hsraun, consider. Abie discussion has taken place both here and in Phila- delphia. A reporter interviewed several shippers and importers on the subject, and the following is an inter- esting statement by a gentleman who knows whereof he speaks:— I think that the Custom Houses of N Philadelphia of New York and uF now he ag for room, and that mmensely increased impr for the Exhibition in 1876, there will _be Urribie eonna, sion in these Custom Houses unless special arrange. ments are inade. I have sven a great many importers who believe that the detention caused by unpacking and examining goods for the Exhibiuion, before they are allowed. te enter it, by the Custom House officers will cause great delay. “Tie customs propose to appraise the goods and ascertain the amount of duty before they will let them enter, and here the great trouble will be. With reter. ence to New York! would suggest thatan office be opened, to be under the supervision and control of the Collector of the Port, for the purpose of making en. tries and giving information relating to the entries and form of shipment to Philadelphia, If foreigners machinery, &e., here, the least we Americans can do isto smooth their path; and for Heaven's sake don’t let it be telegraphed to Europe, as it was recently telegraphed to your paper about ‘the Chilian Exhibition at Santiago, namely ;— “The Custom House has also interfered with the suc- cess of the Exhibition by giving much needless and unexpected trouble to exhibitors.” In a word, I think the customs regulations far too stringent. I think that unless they are greatly modi- fled there will be fearful confusion at the Exhibition on the opening day, the 15th of May. The government can protect itseif in the matter of obtaining its revenue ina very simple manner—namely, by letting nothing out of the Exhibition building till it tx bonded for ex- ort or duty paid. The past experience at exhibitions has shown that exhibitors are invariably late in send- ing their goods, especially trom foreign’ countries, By this I mean to say that the bulk of the work will have to be done between the 15th of March and the 15th of May. Under the existing regulations even, with the best system, and there being no confusion, over 300 customs inspectors will be needed. THE WITHERSPOON MOVEMENT. DEDICATION OF THE CORNER STONE IN THE CENTENNIAL GROUNDS—INTERESTING CERE- MONIAL SERVICES—PRESENTATION OF A FLAG BY YOUNG LADIES. Pumapeuenta, Noy. 16, 1875, The ceremonies attending the laying of the corner stone for the monument to John Witherspoon took place this afternoon, according to announcement, not- withstanding the disagrecablo weather, The monu- ment, which has heretofore been fully described in the H&ratp, is to occupy a site on the Lansdowne drive, in Fairmount Park, in that portion of the Centennial Exhibition grounds just east of Memorial Hall. It will be a noble, beautiful and appropriate memorial when it shall be placed in position in 1876 and dedicated with appropriate rites, The hour announced for beginning tho ceremonies was three o'clock, but owing ta the ex- tremely unpleasant, rainy weather and the consequent ankle-deep mud of the Centennial grounds, many were deterred from coming, and the Rev. Dr, George W. Musgrave, of this city, the presiding officer, did not open the proceedings until somewhat later, Alter a prayer by Rey, W. W. Barr and the singing of a hymna by the assemblage in chorus, Dr, Musgrave took his position at the site of the proposed memorial, He placed the box and contents in the stone for the foun- dation in place, speaking as follows LAYING THE CORNER STONE Llay this corner stone im the name of the Covenant God of our Fathers, the Triune Jehovah, Father, Son and Holy Ghost. On this. site, kindly granted for the purpose by the Commissioners of the Park, is to be erected a monument in commemoration of the patri- otic services of the Rey. Dr. John Witherspoon, tho aistinguished Presbyterian divine, and one of the sign- ers of the Declaration of American Independence; the only clergyman who signed that immortal document, The design is also to remind the thousands—yea millions—who in the conrse of time will see the statue of that representative man of the patriotic services of our Presbyterian fathers during the Revolutionary war, and the mfluence they exerted in the formation.of our national government after the model of our most ex- cellent Presbyterian form of Church government, which is both soriptural and republican Let us sacredly cherish the spirit of our patriotic ancestors, and preserve inviolate their principles of civil and’ religious {reedom. Let us remember that “the price of liberty ix eternal vigilance,” and for its maintenance let us renewedly pledge “our lives, our fortunes and our sacred honor.” THE SITE. The site of the monument is one of the most beauti- fal that could have been chosen. The statue will be of bronze, twelve feet high, and it will be placed on a ped- estal of Quincy granite, also twelve feet high. This will rest on a mound four feet above the surrounding lawn. This lawn slopes toward the Drive, giving the monument a total heizht of thirty-five feet above the Drive, from which it stands 160 feet distant. It will be seen from Genge’s Hill, Belmont and up and down tho beautiful Schuylkill for a mile or more, FURTHER CEREMONIES. The small assemblage then formea in procession and marched to Machinery Hall, where the Rey, William Adams, D.D., LL. D., of New York, wus to deliver an address. Here, sheltered from the weather, a large company had assembled, among whom were many emi- nent Presbyterian clergymen and laymen, including Revs. W. P. Breed, J Addison Henry, Joseph Kerr, Colonel J. Ross Snowden, George H. Stuart, Ksq., Rev. R, M. Patterson, Dr. 8. A. Muchmore, D. 'D., Rev. B. B. Hotchkin and other representative men, besides mombers of the St. Andrew's Society and the ' Caledo- nian Club. After the singing of the bymn. “ALL HAIL THE POWER OF JESUS’ NAME,’? the Rey. William Adams, D. D., LL. D., of New York, delivered an inderesting address, which was listened to with great attention, frequently interrupted by ap- plause, PRESENTATION OF A FLAG. After Dr. Adams’ address was finished the next thing in order was the presentation of a flag from the young ladies of the West Spruce street church to the General Assembly's Centennial Committee, who have charge of jon of the monument, 'It was presented by Mr. George Junkin, and received by Colonel J. Ross Snowden, chairman of this committee, The flag was made of blue silk, edged with crimson fringe, these boing the old colors of the Scotch Covenanters; on the field is a large star, composed of thirty-rix smaller stars, rep- resenting the thirty-six synods of the Presbyterian Chureh. These synods correspond to our State gov- ernments, aud their unton in the General Assembly to our States in a common government, Both the presentor and the recipient of the flag made short, appropriate speeches, after which a hymn was sung, the benediction pronounced, and the assem- blage dispersed. NINETY AND NINE YEARS AGO. Ninety-nine years ago yesterday afternoon General Washington, standing on the heights of Fort Lee, with clenched hands and bated breath, looked across the Hadson and saw on the opposite slope the troops of King George, alter terrific slaughter, drive his little band of patriotic followers from tho breastworks of Fort Washington, The great chieftain’s heart was never, perhaps, so near to despair as when, on that bright November afternoon, he surveyed the ground that to-day is occupied with stately mansions, but which was then laid out in Seattered farms, and saw it covered with the advancing columns of red-coated soldiers, whose splen- did arms glittered in the sunlight, and further up beheld his little band of ill-clad and more or less ill-trained heroes in retreat, leaving half their number lying dead in the trenches and apon the field. Congress had said the fort must be held, and held it was until its holding had almost cost the nation’s sacrifice, But the mghty spirit of Washington could not give way to misfortune. He rallied his scattered force and tn a few weeks atter the dark hour, when all seemed lost, the battle of Tren- ton struck the British like a thunderbolt and led a series of victories which ended in what we ure as a nation to-day, LONG ISLAND WATER RIGHTS. Tho question of bay privilege has for a long time been a constant source of agitation on the south side | of Long Island among the people living on the shores of tho Great South Bay. Iv appears that when the town of Islip was formed from portions of the original towns ¢f Huntington and Brookhaven the arrangement was that it should be bounded on the south by the waters of the bay and that the new town was to have | no rights on the bay beyond the high water mark, Islip subsequently certain “islands and Deaches trom Huntington, but acquired no ttle to the ds under water, nor to the water other than as a public highway. A’ compromise was afterward entered into, by which the two towns of Islip and Babylon were to enjoy in common forever the privileges and pro- ducts of the bay. Butan eflort was made by the resi- dents of Islip, by the passoge of an act in ‘the Logis. Jature of IS74, to seize the entire privilege, estimated to be worth at least $100,000 per annum to the people ot Baby juestion of maintaining the ts was made purchased town fr neof the prominent issues at the last town clection fo Babylon, and the Supervisor wax instructed to proceed to retain conusel and maintain these ts in the name of the town | The people of tle village, becomin nt at the rent dilatormess of the pr Id a mass hiecting at the town halon Saturday, and alter adopt: ing a series ol. resolutions censuring the Supervisor appointed a commiites of twenty-five to take charge of The Supervisor, Mr, Carll, has published in which he states that he and has done all that any man can do to have the case brought to an tssue, but ut the matter is one requiring considerable research aud (ime must be allowed tor its development, ARE con- | i} | | parison 5 Rs THE CITY OF WACO DISASTER, THE INVESTIGATION REOPENED-—STATEMENT O8 A BEREAVED FATHER. Yesterday morning United States Supervising Im spector General of Steam Vessels Burnett, of Washing ton, held a long conversation with Captais Addison Low, Supervising Inspector of this dis trict, in the Pine street office, and it was agreed that the City of Waco investigation should be reopened, The following testimony was taken subso- quently b¥ the local board, and other witnesses will be examtned as soon as possible. yesterday lost his dau; Y ‘The witness examined ghter on the ill-fated steamship. Kk a. MORLLING, N.Y., being duly sworn, states:— mship City of Waco to see my daugh- ter off; Llooked over the vessel; | wenton the main deck to see the lifeboats; after’ bidding my daughter goodby I came out on the upper deck; I was partie larly struck by the sight of the oil barrels painted blue; among the barrels I noticed large wooden boxes, which 1 supposed to contain oil alse, before I reached the gangway some of the crew were stowing more oil, minister, of Tro: I went to the ste which was in barrels, toward the ladies’ cabin, aft; tho was in'the gangway on the side’ nex! the « this afl was in blue painted barrels do not know whether there was any on @ other side of the ship or not; the reason I suppose thi there was oil in the barrels’ was because they were painted blue, and oil is put im that colored barrel usually; Thad good reason to believe it was oil; t gangway, from the forward part of the saloon te tl after part, wax filled with oil, in barrels and boxe this was the condition of affairs at a quarter past three P.M.; the steamer was ‘advertised to leave at four P. Mo? I did not remain till the steamer sailed, bat left ata quarter past three P. M.; 1 did not observe any marks on the barrels or boxes; I did not examine them for the mar! ¥ R A. MOELLING. REPUBLICAN CENTRAL COMMITTEE The Republican Central Committee met last night at Republican Hall, Colonel Joel Mason presiding, After the calling of the roll had been concluded Colonel Bliss, on behalf of the Executive Committee, offered resolution for the appointment of a committee com. posed of Messrs. J. M. Vattersom, Jr.; A. Lont, S. B. Smith, W, Bullard and H. M, Ruggles, with authority to correct the roll of the Twenty-tirst Assembly District Association, in accordance with a resolution adopted by the association referred to. This led to considgr- able discussion, but the matter was finally disposeqot by the amendment of the report of the Executive Com- mittee in so far that the sub-committee to examine into the Twenty-first district organization should not be the ‘one named, but should be appointed by the Chair, The same committee was afterward reappointed by the Chair. On motion of Colonel Bliss, %t was ordered that the call for the primary elections should be issued, the same to take place on Tuesday, December 2. A communication was read from the Republican As- sociation of the Fourth district, charging Mr. EF. 3, Nevins, the President, with neglect of his duty, as im- posed upon him by article 15 of the constitution, he hav- ing only called two meetings of the association during the past year, and that be rather by his action at the late election’ influenced votes to support the opposite party. Referred to the Executive Committee, The committee then adjourned: REAL ESTATE SALES. The unpleasant weather yesterday had but little effect on the sales at the Exchange. Thero was a very large attendance and a remarkable improvement among bid- ders, Richard V. Harnett sold, by assignees’ order, the five story brown stone French flat house No, 304 West Fifty-fourth street, 100 feet west of Eighth avenue, with four story brick factory, complete, with steam power and machinery, lot 25 by 178 teet, to William Brennan, for $21,000; valued at $32,000, Also the three lots on 119th street, north side, 323 fect east of avenue A, lots 25 by 100 fect, to A.V Lee, for $6,275; valued at $12,000, Wood & Todd sold, in foreclosure, one house, with lot, 25 by 1022 feet, on East Seventy-fourth street, north side, 200 leet east of Second avenue, to D. Sanxay for $11,000; valuod at $15,000, H. W. Coates, Supreme Court foreclosure sale, sold the house, with lot, 25 by 100.5 feet, West Fifty-seventh street, north side, 300 feet west of Ninth avenue, for $3,000, to W. A. Colwell, said property being valued at 7,000, , H. Ludlow & Co, sold the four story brown stone front house, 25 by 60, and extension two story, 20 by 25, with lot 100.5 feet deep, No. 1 East Fitty-third Street, north side, 100.6 feet cast of Fifth avenue, to W. Dixon, for $69,250, Also tour story and basement brown stone house, 25 by 60, with lot 85 feet deep, No. 513 Madison avenue, northeast corner of Fifty-third street, to P. Lavery, for $38,900; valued at $45,000. Also one lot, 25 by 100. north side, 200 tegp east of Madison avenue, to John Farrell; valued at $14,000. George H. Scott sold in foreclosure one house and i 25 by 100.5, on East Forty-eighth street, south side, feet east of Second avenue, for $15,100 to John Strubel, James M. Miller sold in foreclosure two five stoi houses, front and rear, with plot 30.8 by 139.6 by 27. by 139.5, Nos. 30 and 32 Vak street, north side, 99.7 feen west of James street, for $21,100 to A. L. Rowe; valued at $35,000. Jere, Johnson, Jr., sold fovr lots, each 25 by 100 feet, on Broadway, southeast corner of Shaeffer streot Brooklyn, to’ J. Raymond, for $820 per lot; in all $3,280. Also one lot adjoining, 20 by 100 for $825, ta Henry Falkner A. H. Mullet & Son sold in foreclosure one house, with lot 23 by 100, on Fifth avenue, northeast cornet of-Forty-first street, subject to a mortgage of $2,000 and interest for eleven months, for $34,000 over and above the said mortgage and interest, in all $54,640, to Thomas Gobardt. ‘Also brown stone houso and lot, 20 by 102.2, on Fast Seventy-fourth street, north side, 100 feet west of Madi- son avenue, for $22,725, to H. Hirsch and 8. Oppen- heimer. Also one lot on Eighth atenue, opposite Central park, one lot 25 by 100, 77.2 fect northof Eighty. second street, to W. R. Martin, for $9,000, Also one on East Sixty-fifth street, tor $11,800 lot_adjoming, on the north side, 25 by'100, for $8,900, to M. Coffma Also one lot adjoining, on the north side, for $12,250, to W. R. Martin. The above lots were sold three years ago for $12,500 each. COTTON EXCHANGE NOTES, A very interesting correspondence relative to the cotton crop was carried on by wire yesterday evening between Mr. Henry Henz, President of the New York Cotton Exchange, and Mr, J. R. Dodge, Chief of the Statistical Department, Agricultural Bureaa, at Wash. imgton, The facts elicited wero briefly as follows:—The November returns are a direct comparison with the aggregate yield; local estimates are returnod by con tics, tabulated'at Washington and an averago made for the State, The report furnished yesterday is a com- States, with a copy of last year’s yield, as reported during the first week in November. The figures are percentages, respectively, of each State's ag- gregate of Jast yeat PRODUCE. EXCHANGE NOTES. The Lard Committee held two sessions yesterday, bat did not arrive at a decision as to a basis of settlement between the “longs’? and the “shorts” in the late “corner.”” The Committee on Grain announce the following very important details of the plan for grading grain undet the rules recently agreed upon between the New York Produce Exchange and the railroad companies :— 1. Ali bills of lading for grain shupped to this market by rail on and after December 1, 1875, should contain the following words:—‘To be graded and delivered in cordance with the rules of the New York Produce change,” unless shippers desire to preserve tho identity of their grain, as provided for in the joint circular of the railroad companies, issued under date of November §, 1875. 2 All shipments of grain on bills of lading from which the words “To be graded and delivered in ac cordance with the rules of the New York Produco Ex- change’ are omitted will be subject to a uniform charge for lighterage, to be agreed upon by the lighter- men of the trunk lines, of not less than one and a halt cents nor more than three cents per bushel. Lots of Jess than five cars will be delivered from track on are rival. 3. All graded grain will be lightered free, in accord. ance with the rules and certificates which shall be issued therefor by the railroad companies. 4. Tho feo for inspection and verification of track weights will be, until further notice, Ofly cents pee car. BUSINESS FAILURES. Mr. J. D, Hunter, assignee of the firm of Armstrong & Morrison, states thetr liabilities to be about $57,000, This amount is fully covered by their nominal asseteg but only a smail proportion of these are availabla, Their suspense account foots up $16,000, and $28,008 more is im the shape of paper of Messrs. Fairfield & Trask, who recently failed. They are therefore unable to give a statement of ther affairs until they learn how much they will recover from Jutter firm. Fatrield & Trask expect that mnt will be filed on Tharsday. The liabilities of Gustav jount to about $4,500, Ho has sola out the busines#and his successor PAYS im in notes falling due at different periods to the amount of $5,000, fully covering his indebtedness. ‘The creditors of 8. B. Potter & Co, held a meeting yosterday at their office, bat adjourned without fixing on any basis of settlement, Jehoakim Davis, who bas assign Plaves his assets al $16,845.88, and liabilities, $92,958. 43, ‘Two failures are announced in the ts The unfortunate firfes are those of W Chapman, millers, No. S1L Broadwat Rosenberg, corsets, No, 98 Franklin street. THE YALE ALU The Yale Alumni Association will hold its second Bru 1ed to Hugh ‘Potter, social meeting for the present winter season at Deb inouico's. on Friday evening next