The New York Herald Newspaper, November 17, 1875, Page 9

——<<—$$——_— THE COURTS. Important Injunction Against the Pan- ama Railroad Company. THE RETRIAL OF SCANNELL. Prince Leo Giving Another Court Matinee. DECISIONS UPON THE TWEED APPEALS. THE PANAMA RAILROAD COMPANY. The projected scheme of the Panama Railroad Co: pany to run steamships in connection with its railroad across the isthmus 1s evidently meeting with serious opposition. With a view of putting an estoppel on any further proceedings lookiag to the consummation of this project, an injunction has been asked for in the courts. Mr, Aaron Freeman, one of the stockholders of the company, bas taken the initiative in the matter, He applied yesterday to Judge Donohue, in Supreme Court, Chambers, for au injunction against the com- pany and John R, Marshall, John M. Burt, Franklin Chandler, Trenor W. Park, J. G. McCullough, S: C. Thompson, George J. Forrest, P. C. Calhoun, Frank Work, C. K. Garrison, H. H, Baxter and John P. Jones, trustees, “restraining them from establishing a line of steamships to be owned, run and operated by the said railroad company between the port of New York and the port of Aspinwall, in tho Republic of New Granada, and between the port of Panama, in said Re-4| public, and the port of ‘San Francisco, in the Btate of Culifornia, and from purchasing or entering into contracts for the purchase or construction by, on bebalfof or for said Panama Railroad Company of mships or other vessels to be used on such a line or lines.” A temporary injunction was granted, with an order to show cause why the samo should not be made permanent, It is claimed that the running of steam- ships in connection with the road of the company, as alleged to be in contemplation, would be in direct viola- tion of the company’s charter, It is more than proba- ble when the case comes on for argument as to the per- manency of the injunction there will be a warm and exciting legal contest over the matter, ‘ The papers submitted to Judge Donohue as the basis for the above injuuction were the complaint of Mr, Freeman in a suit brought against the company, with a view to making the same permanent, and the act in- corporating the Panama Railroad Company, passed April 7, 1849, by the Legislature of this State, Tho following is the complaint in full, the names of the de- fendants being those given above:— Furst—That the defendant, the Panama Railroad Company, is a corporation duly incorporated and organ- ized by and under an act of the Legislature of the State of New York, entitled ‘Au act to incorporate the Pana- ma Railroad Company,” passed April 7, in the year 1849, of which the paper annexed hereto, marked “Schedule A,” is a true copy, which paper the plaiuti! prays may be deemed a part of this his complaint, Second—That tho other defendants ure, and at tho time of the commencement of this action were, the directors of ‘said defendant, the Panama Railroad Com- any. Third—That the defendants intend to establish, and are now making the necessary arrangements for establishing, and are now negotiating for the purchase by said Panama Railroad Company of steamships to be ‘used on a line of steamships for ‘the transportation of passengers and freight, to be owned. run and operated y said Panama Railroad Company from the port of Now: York, in the state of New ork, to the port of Aspinwall, in the Re- peste of New Granada, and from the port ot anama, in said Republic, to the port of Sun Francisco, in the State of Calilurnm That the defendants claim id insist that they have the power to establish, ran aud operate such a line of steamships under and in pursuance of w provision contained 1n the first section of the act aforesaid, which authorizes the “purchasing and managing of such steam or sailing vessels as may be Prover or convenient to be used in connection with the said roud,” referring to the railroad of the defendant, the Panaina Railroad Compa which bas been built and 4g now being operated by said company between Aspin- walland Panama, in the Republic of New Granada. The plaintiff alleges and insists, on the contrary, that the provision last aloresaid was not intended to confer on said Panama Railroad Company a tranchise, right or thority to establish, run and Operate such'a line of Bteamships; but thar Qe authority intended to be and tm fact granted to them uuder and by the act aforesaid, is that siinply purchasing and navigating such steam oF Bailing vessels as wold enable suid company to con- vey treight and passengers arriving in ocean steam- erg and tvessels at the ‘ports to which said railroad should ran to the respective termini of said railroad, and from said termini to the ocean steamships and yes. sels in the harbors aforesaid. That the grant of said Fight and franchise by the Legislature of the State of New York was made in view of the fact that most of the harbors of the isthmus aforesaid, particularly that of Panama, are so shallow and of such a character that it is impossible for ocean steamers and vessels to Teach the shore or any wharf that could reasonably be constructed, and they were, and are, consequently compelled to come to anchor at'a considerable distance from the shore er such wharves, and in the harbor of Yanama ocean ships are now compelled to anchor at Jeast three aniles from the wharf of said company; and the Legislature of the State of New York, in view of the fact aforesaid, and for the purpose of enabling said Panama Railroad Company to transfer its passengers and freight us aforesaid, conferred upon it the right to navigate such steam or sailing vessels as might be “proper and convenient” to be used “in connection with suid road.” That said Pauama Railroad Company did accordingly, under the authority aforesaid, and in the exercise of the tranchise thereby granted, as soon as {t was in readiness to receive and transport passengers and freight on and over its said road, purchase steam ud sading vessels of ght draught which it bas here- tolore used, and now uses in transporting passengers nd freight to and from the termint of said road, at Haina aforesaid, and ocean steamers and vessels, Fowrth—The piaint further alleges that the fact that the Legislature of the State of New York did not intend to grant to said corporation the right and authority to, establish and operate a line of steamships is apparent, not only trom the language of the act atoresaid, but from the fact that the Legislawure of the State of NewYork had, during its seventy-tirst session, in the year 1849, passed un act entitled, “An fet to ‘incorporate the Pacitic Mail Steamship 'Com- pany,” of which act the paper annexed hereto, marked “Schedule B,”’ isa true copy, which paper the plainul! | prays may Ve deemed a part of this, is complaint hat Wilham H. Aspinwall and Henry Chauncey, re- ferred to in the act last aforesaid, are the sate ‘per- | sous referred to in the act incorporating the Panama Railroad Company, and that their associates in the Pa- cific Mail Steamship Company were, many of them, the same persous named in the act of 1349, above re- ferred to, This plaintiff further alleges that the de- fendants have no right or authority, under this char- ter aforesaid, or by or under any ucts of the Legisia- ture of the State of New York or other authority, to ish, run and operate such a line of steamships as they imtend and are about to establish, ¥ ~That the estublishment, running and opera- Yon of such a line of steamships as the do- fendauts propose to establish and operate will be adeparture, by suid Punatha Railroad Company; and the directors thereof, trom the purposes for which said ma Railroad Company was chartered and organ- \zed, and will require the expenditure of a large amount | of money (about $4,000,000 being required to | purchase or build the necessary steamers) by and on she part of said Panama Railroad Company, belonging 4 and the property of the plaintlf and the other stock. holders in said Panama Railroad Company, and will Involve the plainti and the other stockholders in said | | hearing Mr. | mestic Saving Machine’ Company vs, Arene company in great aud irremediable loss and injury. ‘Siath—That in the year 1867 a contract was made and nthe defendant the Pan- | ama Railroad Company, of the one part, and the United Btates of Colombia, of the other part, retormative ofa n contract between said parties, whi into on the Sth day of April, la the year 1860, rning the coustruction ol a railroad from one ocean, © tae other, across the Isthmus of Panama ‘That in And by suid retormative contract of 1867, aforesaid, | waid railroad company bound itself among othet | to “extend the railroad”? (referring to the rail- said company) “on the Pacilic side to the island of Navs, Culubria, Perico and Flamenco, or other place Ju the bay” (referring to the Panui Bay) “where there | Way exist a permanent depth of water tor large vessels,” | That the islands aforesaid are nut less than two miles | ud cue quarter from said city of Panatna, more than three miles and one quarter from the present wharf of sad railroad company, That no ocean steamer ean now approach sad whart nearer than a dis tance of ubous three miles and & quarter, iu constquence of th shallowness of i y aud harbor, That the construction of the railroad sailed for and required by the contract hereinabove last reterred to, to the rslands atoresaid, or to aby Pp in| ihe bay aloresaid where there exists a permanent | tepth of water for large vessels, would cost the sum of aut less than about $2,000,000, | That said railrowd com. | puny has not constructed wor commenced the construe | Won of the road required jn the contract | Wwst aloresaid, and the — plaintii! 18 appre. bensive that, Unless said railroad company shail tomply with the laws of the contract last atoresaid, the United States of Colombia may lorfeit the charter and contract therelure granted to said railroad company by suid government, and thus destroy the value of the property ef said raitroud company; aud the plainitt Ullezos and jusisty that said company vanuot and should Hot be allowed to use the funds, property aud credit Of suid ratiroad company in new enterprises, When said funds, property und credit are necessary to be used Jor the preservation of the rights and franchives of said railroad company, and to save them from ab- rogution, Seventh—That the plaintiff is, and at the time of the commencement of this action’ was, a stockholder of said delendant, the Manama Railroad Company, aud he brings this action in beball of bituscl! and of all other Monkho:ders of suid Vunama Railroad Company who | | si | Fitzsimmons; Fry vs. Thomson; Ainsworth | Phillips vs, Cudlipp; Bank of British North America ys. | Metropolitan | Manufacturers’ Lite Insurance may see ft to come in and contribute to the expenses of such acti ‘The plaingitt, therefore, demands judgment that the defendant, the Panama ‘Railroad Cowpany, and the other defendants above named, as directors of suid company, and each of them, be enjoined from establishing or operating a ‘line of steamships between the port of New York aforesaid and the port of Aspinwall aforesaid, and the ports of Pan- tmavand San Francisco aforesaid, or from. purchasing, hiring or chartering, or entering into contracts for the purchase, hiring or chartering of any steamships or steamship or other vessels to be used on said line or any line Between any ports in the United States of America and apy port in the Republic of New Granada, RETRIAL OF SCANNELL. Three years ago John Scannell shot Thomas J. Dono- hueat Johnson's pool rooms, After three years’ im- prisonment and one trial at which the jury disagreed upon the question whether it was a cool and deliberate murder or the maddened freak of an insane and irre- sponsible man, his retrial has at length begun. ‘The re- trial began yesterday in the Court of Oyer and Yerminer, before Judge Barrett. Notwithstanding the time that has elapsed since the homicide the interest in the pres- ent trial seems to be as great as when Scannell was first Placed at the bar of justice. A larger crowd than could possibly get into the court room pressed for wdmission. Scannell himself, neatly and fasnionably dressed as be always is, evinced the same apparent. indifference as at his first trial, His wife, who evidently clings to him with a true woman's devotion, sat by his side, Two other ladies accompanied her. Directly m front of Scannell sat his counsel, Messrs, Wm. A, Beach, Wm. F, Howe, Charles 5, Spencer and Peter Mitchell, Still further in front were the prosecuting counsel, District Attorney Phelps and Assistant District Attorney Lyons. ‘The seats in close proximity to the bar were occupied by the. two panels of jurors of 100 each, who had been specially summoned for the purpose of select- ing trom their number twelve men good and true to puss upon the question of the guilt or innocence of the prisoner, Promptly at ten o'clock the Court opened, and promptly the work of obtaining a jury began, The ex amination of the candidates for the jury was of neces sity a slow and tedious task. Having ascertained first that the proposed juror had no consciencious scruples on the subject of capital punishment, he was put through a course of catechism which, while it taxed to the utmost the legal acumen of the specially astute counsel, was likewise terribly trying to the candidate. Of course there were some variations in the questions; but, utter all, there was a very substantial sameness in theta, On the question” as to formation of opinion some very ‘tine pointy in ethics and in moral and intellectual philosophy — were occasionally raised and discussed with keen and stra- tegic subtlety on both sides. Once im a while there would bea flash of merriment and then a stroke ef drollery, but on the whole it was a tame and dull busi- ness. One panel was exhausted, and at five o'clock, the time when this point was reached, tour jurors had been obtained, as follows:—John A. Geishbush, David J. Dennett, James J. Hicks and Samuel Booth’ .Dur- ing the day counsel for the prisoner availed them- selves of seven peremptory challenges, while the pros- ecuting counsel used but two, The Court directed the tour jurymen to be kept-to- gether and then the Court adjourned until half-past ten this morning, Every possible effort will be made to complete the jury to-day. LITTLE PRINCE LEO. Notwithstanding the attractions to the Court of. Oyer and Terminer to witness the preliminary stages in the retrial of Scannell there was a large attendance yesterday in the Supreme Court, General Term room, to listen to the fourth in tho series of Prince Leo matinces, His season, however, is drawing to a close, and the enthusiasm of the managers, Mr. Elbridge T. Gerry and J, J. Langbein, begins to perceptibly weaken, ‘The ease for Walla Leonard, the defendant, opened yesterday by his own examination, He testified that his real name was Wallington S. Husband, that he lives im Philodelphia, and that he got the child from his futher in response to an advertisement; he denied that there was any strain on the child in the feats it performed or any danger, and stated that there were always two men carefully watch- img him; when running up the inclined rope the ebild had a rope attached to his waist, running through a ring overhead, so that if he slipped he would remain suspended in the air until he could be lowered; he con- sidered this a better idea than a netting, as an arm or a leg might be broken by a fall on a netting; he denied that he ever struck the child with a strap, but admitted that he once corrected him with a slipper; he had the child altogether ten weeks iu his custody, and during that time taught him the business; he did not even speak cross to the boy when training him, because a kind word would go further; he admitted that another child named Slippers, apprenticed to him in Philadel. phia, was taken trom him by the mother on habeas corpus; the boy had gained in weight while with him; the balancing pole, ten pounds, was just the proper weight. He explained that the blindfolding of the boy while walking on the tight rope did not prevent him from seeing the rope, and that in fact he could not per- form if he did not see thy rope. As a corroboration of this case—statement—Prince Leo, on being requested to blindfold himself at the theatre, took a handkerchief and tied it around his eyes, and 50 bandaged was able to run around the room and pick out any person he knew, Frederick Berger, tie father cf the Prince, testified that he lived in Philadelphia, that he had a family of eight children, that he dealt in second hand mate. rial, and that, as fur as he knew, Leonard had always treated the boy well, Ha added that several persons were ready to take the child and give him a good home. Anumber of the acrobats and other periormers at the Tivoli were examined, and none of them considered the boy’s performance dangerous, and they did not see defendant strike the boy. Not one of them had ever seen Leonard strike the boy, but had heard him speak roughly to him, ‘The further examination wil A REAL ESTATE TRANSACTION. In February, 1867, Jacob H. V. Cockroft bought of the New York and Harlem Railroad Company a lot of land at auction, for $11,900, situated at the corner of Fourth avenue and Thirty-third street. At the time of the sale he paid ten per cent of the purchase money and the auctioncer’s fees, He afterward found out that the property was covered by two large mortgages, in com- mou with all the property of the Harlem road from Chatham to below Thirty-third street, He then agreed to pay the balance of the purchase money on condition that the railroad company give him a clear title according to the conditions of the sale. The officers of the company pleaded .{gnorance of the mortgage, and offered the guarantee of Mr. Cornelius Vanderbilt or the Harlem Railroad Company ; but this was refused and Mr, Cockroft sued for $7,5 damage was sold to Mr. A. 'T. Stewart for the same price, who subsequently erected the large iron hotel whicl now covers that block, The case wag tried on the 9th of February last before Judge Larremore, of the Court of Common Pleas, and a verdict rendered in favor of Mr. Cockroft for $1,340, the amount of the percentage on the purchase money and the auetioneer’s fees. An ap- 1 be resumed to morrow, | About a year afterward the lot in question | NEW YORK | i peal was wken to the General Term of this court and | the case came on yesterday for argument, and after 2. N. Bluck for the appellant and without hearing the respondents the Court affirmed the verdict, with costs, holding that where the vendor acted in good faith without any fraud being shown he was only liable to nominal damages, DECISIONS. SUPREME COURT—CHAMBERS. By Judge Donohue. Herries vs. Norvell.—Motion denied without costs, Picard vs. Schiffer; Second National Building and Mutual Loan Association vs. Limikauf; Mitchell vs. Benjamin; Jackson ys. Vorseler; Hanover National Bank vs. Indianapolis, Bloomingdale and Western Rail- road Corapany ; Sanford vs, MeCormack ; Holbrooke vs. Collins; Bertram vs. Valner; Manufacturers and Builders’ Bank ys. Kitchner; Sariol vs, Davis; Domes. tic Sewing Machine Company vs. Archer; Redlich vs, Rauchtuss; Hall vs. Fay; Watkins vs. Traphagen;, Do- past River Savings Institution vs. Hall; Hebrew Free Schoo! Association vs. The Mayor, & nith vs, The Mayor, &e. ; Rogers vs. Beeston; Peyser vs. Von Schoening} Hoffman vs. Hoffman; Pauldmg vs. Mills; M. Leinkauf y for the Reformation of Juvenile De linquents vs. Salmon vs. Gedne ys, Carll; Glen Cove Starch Manufacturing Company vs. Brown; ‘Forbes vs. Willis; Judson vs. Darlington Marceliu vs. Hodges: Brice 'vs. Kamak; Cambers vs. Katz; Holland vs, the Mayor, Dailey ve. the Mayor, &e.; Farley vs, Brunner; Coamberlin vs, Bir- ; Rapelye vs, Jackson; Mutual Life Company vs. Deotiner; Metropoliian Savings Hank vs Bach ws; Hubbell; Excelsior Savings Bank vs. Merchants’ Lite Tusurance Company; Mathes vs, Sharp; Matter of the Jollar Company.—Granted, Merchants’ National Bank ‘va, the Howe Machine Company; Hen pinpany vs. O'Shea; Cowden vs, Teale; Logan vs. Mer Hotions denied. Stewart vs, Bramhull,--Nothing to show the amount of judgment United States of America vs, Levett.—Writ dismissed, Skeady awier,—Piaintiit cannot ma querdian for intant defendant; he cannot be both plMinut! and defendant, Junge ys, Wagstaff; Barkley vs. Ortel.—Denied. wis vs. Clark. —Order granted. By Judge Lawrence, Hecker, —Grante Webb.—I desire orandum of the grounds un wh the decree is asked for and resis ty be served by each party on the Other and handed in to me within jive days trom date. Wilson vs. Harney,—Motion granted, with costa, Opinion, James vs. Hewlett orandumn, Rocky Mountain Bank vs, Bliss,—Motion denied. Memorandum, SUPREME COURT—cincvIT—Pant 3, By Judge Van Vorst. Crowell vs, Guion,—Motion denied, with $10 costs, SUPERIOR COURT—SPECIAL TERM, By Judge Freedinan, Armstrong vs. McLaughlin et al.—Referce’s report coniirmed wad judgment of closure and sale. Hecker v oy he amendments to ed, such memorandum Carr.—Order granted. . Wood.—Motion denied, with costs, Mem- Insurance | HERALD, WEDNESDA evinson et al.—The receiver may have | The Produce Bank vs, Morton et ul.—the within ease | is settled and ordered to be filed and to be annexed to the judgment roll, James Ryan vs. Catharine Ryan —Rule 87 requires service of the summons and coniplaint. Jn the matter of the application of John Horn et al., infants, for leave to sell their real estate, —Guardian’s bond approved. By Judge Van Vorst, Kelly vs, West et al.—Order settled, COMMON PLEAS—SPECIAL TERM. By Judge Larremore. Masters vs. The Electric Life Insurance Company. — Preliminary objections overruled; motion to be heard on the merits, . ‘Tyrell and another vs, Gallagher et al.—Exceptions overruled and report confirmed. Sec memorandum for counsel, White vs. Stout.—Memorandum for counsel. Hennessey et al. vs, Frank.—Injunction sustaived, Mary A. Hunter vs, John W. Hunter.—Afidavit of Service insutticient, Lilienthal vs, The Guardian Mutual Life Insurance Company; Cantrell, &c., vs. Chamberlain; Costelio vs. Hart et al. ; Morris vs, Rauss.—Motions granted. Lawrence vs, Harwig.—Report of referee confirmed ‘and judgment of foreclosure and salo ordered, Stillman vs, Kennedy.—Application granted and ref. erence ordered, w York Life Insurance Company va. Glass.—Pub- tion ordered. Loeschimann vs, McGown. —Appeal dismissed. Clark vs. Clark.—Motion denied, without prejudice, Hail vs. Briggs. —Receiver appointed, Wulting vs, Bancroft. —Receiver allowed to commence action, MARINE COURT, By Chief Justice Shea. Robert G. Hoguét et al. vs. Mary A. Rollins,—Motion for new trial denied und ordered to be settled on one day's notice, SUMMARY OF LAW CASES. Tn the matter of the contested will of John L, Brown a further hearing was bad yesterday before Surrogate Hutchings. Ten witnesses were examined to show the mental condition of the testator just prior to his death ; but no new evidence was elicited. In the Marine Court before Judge Shea the suit of P, J. Finn against ex-Corouer Keenan for stenographic services in reporting the Westtield inquest was tried yesterday, The defence admitted the performance of the services, but claimed that the city alone was re- sponsible for the debt, On a statement of the evidence it wus held that the city was in no way responsible; that the Coroner was individually liable, and a verdict was rendered for $335 in favor of the plaintiff, ‘There is a row in the Rechabite tent. The society has $4,655 93 in various savings banks in this city, and the bone of contentidn is the possession of this money. John Lafond, James Anderson and Thomas Clark, the trustees, were recently dismissed from offiee, it being charged that they deposited the money in their own names to enable them to withdraw it upon their own checks without the countersign of Mr, Stackpole, the “Grand Ruler,” as required by one of the bylaws. ‘It is claimed by the trustees that their dismissal was the re- sult of a conspiracy between Mr, Stackpole and several other members to get possession of the funds. The trustees ask that the society be dissolved and a receiver appointed, After an extended argument belore Judge Donobue yesterday he took the papers and reserved his decision. Mr. F. F. Cowdrey, the legal adviser of the sons of David L, Jackson, deceased, was called before Surro- gate Hutchings yesterday to state whether he had ever drawn a will for the late David L. Jackson, Sr, Mr. Cowdrey replied that be had drawn several wills fort him, bet could not fix the time of any one. Wheng asked ifhe ever held a conversation with William 0. Jackson, one of the sons of the deceased, relative tol any will left by his father, the witness declined to an- swer, on the ground that he could not tell of any busi- ness coniidences of his clients. The further hearing ‘was set down for November 24, Daniel W, Leayitt, he of the many aliases, convicted of smuggling and sentenced to the State Prison, from which he escaped, and afterward was arrested in this city by a United States marshal, has not succeeded through the habeas corpus proceedings instituted in his behall in escaping the meshes of the law. Judge Dono- hue yesterday, in Supreme Court, Chambers, dismissed the habeas corpus, and remanded him to the United States Marshal. Subsequently the prisoner was taken before Judge Blatchford, in the United States District Court. His counsel asked for his discharge on the ground that the term for which he was sentenced had expired, and that, therefore, he couid hot be held for the parpose of his recommitment to prison. The United States District Attorney argued, in reply, that there was no authority for discharging the prisoner until ke had completed his sentence. Judge Blatchford held that the sentence was for six months in the State Prison at Auburn, and he stould consider the pris- oner as ou his way to thut prison, and remanded him to the custody of the United States Marshal. COURT OF GENERAL SESSIONS. Before Recorder Hackett. THE SHOOTING OF OFFICER M'AVEETY—ALL THE TESTIMONY—THE RECORDER TO CHARGE THE JURY THIS MORNING. The entire session of the court yesterday was con- | sumed in hearing testimony in the case of Thomas | Dully, who was placed on trial upon an indictment for felonious assault with intent to kill, The complainant is Oflicer McAveety, of the Nineteenth precinct, and the assault was committed upon the morning of Sun- day, June 20 last, The prisoner was tried for the same offence last summer, but the name of a brother officer was by mistake inserted in the indictment instead of McAveety’s, and the proceedings consequently came to naught. The circumstances of the assault, as detailed by the witnesses yesterday, were as | follows:—On the Sunday morning in question a young man came to the station house in Fifty-ninth street and stated that he had been beaten, knocked down and robbed by a party of young rufflans in the vicinity of Forty-second street and Third avenue. Offi- cers O’Brien and Granger were detailed to arrest the perpetrators, They suspected from the, description | given by the victim that two brothers, named John and ‘Thomas Dully, were concerned im the outrage, and the suspicion was strengthened by the fact that one of them, at least, had been seen on the corner in question by O'Brien a short time before the robbery was com- mitted. The officers took a Third avenue car to ride to the scene, As they approached Forty-second street they were perceived by a party of young men stand- | ing onthe corner, who immediately took to flight. | Among them were’ the Dully brothers. O’Brien pur- sued Thomas, and by tiring two shots after the fugitive caused the latier to stand and permit himself to be taken into custody. Granger gave chase to John, and atter a rather long race succeeded in capturing him. O’Brien, with his prisoner, was standing on the corner of Forty -thir street and ‘Third avenue waiting for Granger to come up with lus | hu captive, that they imight proceed together to the sta. tion. When they came up his prisoner began to strag- vie, and while O'Brien was attempting to subdue him he was knocked down by the other prisoner, who had broken away trom Oflicer Granger. ‘The latter was on the spot iminediately, and took his man mto custody again. Meantime Otlicer McAveety, who lived but a few yards from the scene, had his attention attracted vy the cries of a crowd which had collected, and be rushed trom his house and grasped the left arm of O'Brien's prisoner, The latter resisted, and McAveety threw his arms around him, Just then’ O’Brien arose two pistol shots were fired in succession ty fell back with bis right arm shattered by one ball and his right breast penetrated by another, which would have gone clear through the body but that it had encountered a note book which the officer carried in an inside pocket, O'Brien then fired a shot at the prisoner and wounded him £0 severely that he could ther resistance and submitted to the officer, ospital fora long time by the MeAveety was also laid up for a consid- wound. | erable time and has pot yet regained the full use of his arm, When Officer McAveety fell a revolver, several | chambers of which were empty, was snatched from the rson vs. Henderson; Jesup vs. Adee; | | had ured only one shot when the revolve | who saw t nsel to send mea mem- | | scene, | | hands o: the accused. Ofiicer Burns, who came later on the scene; William who saw’ tl urrence from a window in his apariments, at No, 679 Third avenue; Melvin Mead, who saw part of it, and William F, MeGuire, a fireman, | who also saw the ‘straggle, all gave testimony corrob: orative of the facts as stated above. Assistant District Attorney Bell, who conducted the case for the pe and Mr, Jotun 0, Mott, i the latter on the stand, ‘He testitied that he had not run away on the | approach of the officers, but was walking quietly along | when arrested by O'Brien, who dragged him aiong | without making ‘any and who, Ww asked Why he made the arrest, repled by using his | club in an ‘unmercitul manner, He suid that the officer was «bout to elub him for the fith time, when he Knocked the former down in selt-defence, und that when O'Brien got up irom the ground be fired two shots at him (Dully) under MeAveety’s arin, and that when he so tired he had bis hand upon the latier’s shoulder, shots that bad | wounded thut oifi him, ax he Was snatched from his band, Mrs, Mary Adelaide Fielder, of No, 683 Third avenue, e currence from her window; Patrick Key’ nolds, a car conductor, who saw the strogg.e as he was coming irom ebareb; Joun Dennis, an undertaker, | who admitted that he was a friend of the accused} Leopold Vogel, a German butcher, who witnessed the | scuille trom the door of the shop a few fect trom the and Michagl Rice, a hoster, who saw it as | he was returning trom the stable, where he had luis duties, all testified that whil had lis sped around the prise: O'Rrin fired two shots under the arm of bis brother oflicer, and that when the shots were fired MeAveety ; staygered and (oll back. Frank B. Friedman, @ butener, testified to about the sume state of facts, but tis evidence was dictory J, W, Davis testified that the prisoner had been in hix employment for three years previous to the date of the oveurrence, and that he knew*nothing evil of him, Ulcer MeAveety, veing recalled, testified that | | O'Brien's haud was hot uveu his shoulder at the time | | S492, 2 | Same vs. Daniel Warner, felonious a: | Wright, grand larce: | grand larceny; Same vs. James Henry, grand larceny} , NOVEMBER 17, 1875.—TRIPLK SHEET. the shots were fired, and that his coat was scorched | ner, executrix, &c., respondent—Argued by T H. where the ball entered. ‘This ei on both sides, and the Recorder udjourned the court till this morning, when he will charge the jury. WASHINGTON PLACE POLICE COURT. Before Judge Kilbreth. CRUELTY TO CHILDREN. Last Sunday night Officer Walker, of the Fifteenth precinct, found a young Italian boy named John Mankin, about seven years of age, lying on acellar door. He asked the boy to go home and the boy said that be was afraid to go home unless be had fifty cents, He also told the officer that he lived with a man named Michael Foecarelli, in Elizabeth street, and that he was sent out every day by him to black boots, ruu errands, &c., and wu- Jess he returned fifty cents each day to his master Focearelli, he would be kicked, beaten and otherwise maltreated. Mr. Monroe, the minister of the Society tor the Prevention of Cruelty to Childrem, was the chief complainant against Foccarelli, who was held in $1,000 bail to answer, ATTEMPLED BURGLARY. About two o'clock yesterday morning James Ham- blin, of No. 640 Eighth avenue, who was watching the liquor store at the above number, owned by J. F. Ryan, Was aroused by hearing the shutters being pried open, Hamblin jumped up from a lounge on which he was lying, fired a pistol at the burglars, and foliowed them through West Forty-tirst street to Seventh avenue, where one of then, who gave his name as George onson, Was captured by Oflicer Carolan, of the nticth’ precinct, He was arraigned before Judge Kilbreth yesterday and committed in $2,000 bail to an- swer, FIFLY-SEVENTH STREET COURT. Betore Judge Dufty. THE THIRD AVENUE BANK OFFICERS ARRAIGNED. A criminal suit was commenced in this Court yester- day against the ollicers of the Third Avenue Bank, Georgiana A. Levien, of No. 219 Eust Fifty-third street, who claims to be one of the heaviest depositors the bank had, appeared in court and submitted six affida- vits, charging Daniel Bates, the Vice President, William Carman, David Morgan, Thompson W. Decker and John H. Lyon with making out and signing false re- ports of the condition of the bank at various Umes and submitting them to the Superintendent of the Banking Department at Albany for the purpose of concealing the bank's insolvency. Mrs, Levien testifies on information and belief, de- rived from the swofn statements of Benjamin A. Me- Dowald, an expert accountant, who made for ber an examivation of the bank books, Mr, McDonalt swears that his examination shows the deficiency in the bank's treasury in January, 1874, to be $204,788.33; the report to the bank superintendent at that time was signed by David Morgan, Secretary, and showed a surplus in the treasury of the bank, while in reality the detictency was $204,786; the report of July following was also signed by Morgan and Bates, giving a surplus, while the actual deticiency was’ $263,877; the report of January, 1875, it was alleged, was signed by Carman; and showed the assets'to be several thousand dollars over and above the liabilities, while the deficiency was $275,799. The affidavits against Decker and Lyon were of «similar nature to the fore- going and charged that they also, by means of false and fraudulent reports to the Superintendent of Bunks, knowingly concealed the insolvent condition of the bank. Bates, Carman and Morgau surrendered tbem- selves to the Court and were held in their own recogui- zances in $5,000 baileach —_1t is understood that Decker and Lyon will surrender themselves this morning or during the day. A WICKED BOSTON GOVERNESS. On the 14th of November Adele Marie Gutier, a gov- erness employed in the house of Daniel M. Dwight, of No. 73 Beacon street, Boston, suddenly left her domi- cile and took with her two trunks containing clothing and jewelry belonging to the family. Mr. Dwight tele- graphed to the Central Oftice of this city and Superin- tendent Walling directed Detective Kealy to take charge of the case. A full description of Miss Gutier'was given Detective Kealy and he succeeded in capturing her in a boarding house in Clinton place yesterday morning. She was brought to the Central Office and the checks for two trunks were found in her pucket. The trunks contain valuable silk and velvet dresses lately im- ported from Paris, jewelry and trinkets, in all valued at $2,000. Miss G who 1s avery pretty girl about nineteen years of age, consented at once to go back to Boston as soon as she was arrested, She was arraigned before Judge Kilbreth yesterday afternoon, and will leave with Officer A, B, Dearborn on the ten o’clock train this evening, for Boston, POLICE COURT NOTES. At the Tombs Police Court, yesterday, before Justice Flammer, the following persons were held to answer for selling liquor without license:—Thomas McHugh, No. 57 West street; Richard Ellis, No, 2% West street;” John Dugan, No. 13 Moore street; Patrick Gearns, No, 78 Washington street; Robert Trail, No, 10 Battery place; Richard Eh- Jers, No. 25 West street, and James O'Connell, No, 370 Canal street. Patrick O'Connor and Walter McNeil were held to answer on a charge of breaking into the store of Thomas Eugen, No. 60 Watts street, and stealing there- from a quantity of liquors and cigars, Miss Pauline Fowler, who was locked up at the Tombs on Monday alterooon on complaint of Mr. Mal- colin Campbell, of No, 4 Pine’ street, was yesterday re- leased by Justice Flammer. She promised not again to annoy Mr. Campbell at his place of business. At the Court of Special Sessions yesterday Angelo Denobla and Gisseppe Larya were each tined $50 for cruelly treating a little girl—Rosina Martha, The fine was not paid and the prisoners were locked up, COURT CALENDARS—THIS DAY. Supreme Covrt—Cuamners—Held by Judge Dono- .—Nos, 1, 5, 11, 12, 22, 34, 36, 40, 57, 59, 62, 67, Tl, 86, 87. 89, 90, '91,'92,'93,'98,"99,'100, 107, 117, 122, "124; 12%, 131, 188, 148, 154, 159, 161, 176, '178,' 179; 192) 193, 215, 216, 222, 224. Surreme Court—Crrevit—Part 1.—Adjourned for the term. Part 2,—Adjourned until Friday, Part 3— Held by Judge Van Vorst,—Case on; No. 529. No day calendar, Svpreme Court—Gexerat Taru.—Adjourned for the term. Surxewe Covrt—SrxciaL Teru—! Lawrence.—Issues of law and fact—N , 421, 445, 434, 403, 401, 153, 576, 581, 525, 182, 587, 611, 615, 61544; 616, 613, 642, 209, 422, 568, 584, 135, 185, 590, 601. Supxeior CourtT—Trias Term—Part 1—Held by Judge Nos. 1419, 765, 823, 761, 827, 843, 675, 745, 715, $63, 787, 877, $79 Part 2—Held by Judge Curtis. Nos. ’ 1382, 988, 696, 898, $0034, 866, 1420, 614, 902, 904, 916, 920, 928, 930. ‘Surgnion Couxt—SrxciaL Teru—Held by Judge Freedman.—Demurrer—No. 9. Law and tact—Nos. 5, , 45, 23, 40, 43, 50, 11+ Sceremor Court—Gexerat Term.—Adjournea for the term. Common PLeas—Triat Tekm—Part 1—Held by Judge Rovinson.—Nos. 1609, 1434, 1577, 2798, 2505, 1658, 40145, 2287, 1269, 2840, 2776, 1093, 1274, 1009, 403. Part 2—Adjourned for the term. Coumoy PLxas—Geyenat Tenm—Held by Chief Jus- tice Daly and. Judges Loew and J. F. Daly.—Nos, 92, 108, 110, 111, 115, 58, 80, 3, 95, 102, 118, 76, 107, 231. Manne Cocrt—Trian Term—Part 1—Held by Judge Spaulding.—Nos, 2009, 2910, 895, 2501, 3580, 3534, 190, 7, 3590, 3691, 3595, 3596, 3593, 5393, 5683, Part 2—Heid by Judge McAdam.—Nos. 685, 3488, Part 3—Held by Judge Shea. —Nos, 2956, 4239, 5511, 3800, 2012, 1918, 4205, 4474, 5516, 5230, 4844, 5591, 5592, S191, 5382. COURT OF GkNERAL Stysions—Held by Recorder Hack. ett.—-The People vs, Thomas Dully, robbery (continued) Same vs, Houry Rukle and Bernard Isaac, robbery ult and battery Same vs. Adam Brenner, folonious assault and battery; Sam Matthew Ryan, burglary; Same vs. Frederick W. Malloy and Patrick Welsh, burglary ;Same vs. James y; Same vs. Solomon Manheim, Same vs. Carl Kreutzing, grand larceny. Court ov OvER aNd Tensinkn-—Held by Justice Bi rett.—The People ys. John Scannell, hotvicide, COURT OF APPEALS. Auaxy, Nov. 16, 1875, In the Court of Appeals Tuesday, November 16, the following decisions were handed down :— Motion granted, on payment of the costs of the re- mittitur and $10 costs of opposing the motion, and on condition that appellant stipulates to submit on printed briefs on his part,—Ross vs, Roberts, Motion granted, with costs, unless appellant, within twenty days, pay $10 costs of motion and file a new bond, iu proper form, with sufficient sureties. —The Atlantic and Pacitic Telegraph Company vs. Barnes. Motion denied, with $10 costs, —The Ogdensburg and Lake Champlain Railroad Company ys. The Verimont aud Canada Railroad Company. Motion granted, with costs of appeal up to time of making motion and $10 costs of motion,—Knowlton vs, New York aud Harlem Railroad Company. Judgment reversed and new trial granted, costs to abide event,—Weteh vs, Cochran; Swilt vs, Massachu- setts Lite Insurance Company, MOTIONS, The Agricultural Bank vs, ShetBeld.—Motion to place on calendar granted. Samuel Hand for motion, Price vs. Keys.—Motion for reargument. Hand ior motion; A. J. Parker opposed. No. 110, Goufrey vs. Moser.—Motion to amend re turn; Martin Connolly and N.C. Monk for motiou, Joseph R. Flinders opposed. —Ordered that argument be suspended until appellant bas opportunity to move at the General Term, Koss vs. Roberts. —On motion of Charles S, Baker, ordered upon the calendar, to be submitted when reached, Appe Samuel Is from orders, No, 340—Louisa Douai Whele, respondent vs. William C. Conner, Sherif, &.—Appeal | argued by Almon Goodwin, of counsél tor appellant, and by Charles Whele for respondent, No, BL. The People, &e., ex rol., Buckley, treasurer, &c., respondent, vs, The Board of Police aud, Excise of Hrovklyu, appellants. —Argued by Johu H. Knaeble, of counsel If appellants; aud by D. M. Dewitt, tor ‘ree en. ) 2, Abram Freyer, respondent, va, Stephen Rockfeller, et al, appellunts,—Argued’ by Isaac 1. Egbert, of vounse) for appellant, and by J, 8, Lamoreaux jor reepondent, | Hebbard, of counsel for appellant, and by nded the testimony, the case was summed up | Duer for respondent. | ue it No. $2, Joseph Leavy, appellant, va, Mary C, Gard- | dealers iiam A, No. 330, James Bathgate, administrator, &., and others, respondents, vs. John B Haskin and another, appellants.—Argued by Abel Crook, of counsel tor Appellants, and by George W. Stepbens for respondents. SS GENERAL CALENDAR. Geery vs. Geery,—Argument resumed, Case still on, Adjourned, The followi vember 17, 18: CALENDAR POR TO-DAY. is the day calendar for Wednesday, No- —Nos, 6, 34, 89, 40, 42, 43, 29, 25. CK OF THE MORUE. THE FIERCE AND SUDDEN GALE THAT SWAMPED HER—STORY OF THE SURVIVORS. ‘The fourteen persons rescued from the wreck of the French brig Morue by the ship Rayenserag, Captain Big- gan, on the 26th ult. (im latitude 46 deg. 28 mim., longi- tude 35 deg. 26 min.), came ashore yesterday, and, after an interview with the French Consul, were sent toa French boarding house in North Moore street. The res- cued men do not know the names of any of the fifteen persons who were lost. It is only known that they were al! seataring men and belonged to St, Malo, in Brittany, ‘The Morue was originally an Amercan brig known by the name of the Grand Master, On being purchased by her French owners, two years ago, her name was changed. Her cargo consisted of lumber and flour, The survivors of the flerce gale, which sent the fifteeu unfortunate mariners to the bottom of the ocean, have a vivid recollection of its intensity. The suddenness with which it struck them was overwbelming, Instantly the boatsand all movable things were swept from the decks; the brig capsized, and when it righted itself, as it did soon after—the masts having meanwhile broken off—but fourteen of the twenty-nine persons previously ‘on board remained clingmg to the wreck. These have saved nothing and are yery poorly provided with cloth. ing, Their Consul will, however, take care of them and forward them to their homes in France. They were nearly twenty-four hours on the wreck before being discovered “by the Ravenscrag. The Morue was a brig of about 120. tons burden. A brig of that tonpage, sailing close-hauled, would have no chance when caugot ‘by the lee,’’ as, before her yards could be swung, her draught of water Is so light she would in all probability be thrown on her beara ends or lose her spars if her sails did not split, This is doubtless the explanation of the disaster. The lan- yards of her rigging parting, the masts went over the Side andthe brig righted slowly, The efforts of the saved were then directed to the clearing away of the wreck and ap examination of the pump well to ascer- tain how much water she had ip her bold, which THE WRE showed that she was in almost @ foundering condition, laboring in the trough of the sea and at its mercy. SALES AT AUCTIO: A IMPORTANT SALE OF high class. AMERICAN AND POREIGN OIL PAINTINGS, The latest American works, and direct from the artists themselves, together with some very choice foreign pictures never before exhibited, To be sold at auction peremptoril; ON THURSDAY AND FRIDAY, NOY. at 12 o'clock, at the ‘SCHENCK ART GALLERY, NO, LIBERTY STREET, Now vn exhibition. EDWARD SCHENCK, Auctioneer, 18 AND 19, | removed fur convenis nut and enameled ( Gren & ROLLINS will salesroom, 4 and green re; . Boke: | Mirrors, thir | ON WEDNESDAY, NOVEMBE Druggeis, lace and ‘Tables, hair * SPEC WATCHES, Clocks, Bronzes, Paney G: being the entire stock of of 94 and 96 Canal street, Blanks a intings, ngravin SALES AT AUCTION, weve a ES HOLBROOK, AUCTIONEER.—HOLBROOK I'this day, at 2 o'clock, at their od and 4005 aire Wardrobes, nd second hans ep Curtains, Exte: ‘and other feashs Shee: Ds, rer new gs, 01 bg Machin "i, HERTS & SONS, AUCTIONEERS, TAL PEREMPTORY TRADE SALE OF JEWELRY, DIAMONDS, SILVERWARE, 1. Zimmerman & Co., New Orleans, AND VALUED AT OVER $50,000. To be sold without reserve, for benefit of creditors, AT 10 O'CLOCK, AND FOLLOWING DAYS UNTIL ALL SOLD, AT THE SALESROOMS 17 PARK PLACE, By order of Messrs. Chas. Wood, of Wood & Hu, . Se itoam, street Street, Pixt rosewood Pil id bact », lee Box, Stoves, ‘A. K. Sloan, of Carter, Howkins Emil Theile, of Wm. Steinhaur & Co.,, Trustees for the Creditors. ‘atalogues will be ready and goods on view om HER, AUCTIONEER, OFFICE 96 FIRST Sells this day, at 10 0% Is2 Eldridge ures and Furniture of Saloon; one ano, one Billiard Tab fine Coun- k Fixture ings, Glass rs, Engrs ely in lots. SEEB. erty :—25 b Martel J nt bare Furniture, € resses, Bedding, tion Grocery Store, at No. 186 Mulberry street, this day ( dy), at 1D and Seoteh Otlice Railing and lot empty RAVER, this day, at 1084 o'eloel ARSHAL’'S SALE, ACHER, AUCTIONEER, WILL SELL, lay, November 17, at 164 Chatuam street, af torage and advances, the following prop. ontucky Bourbon Whiskey, 3 eighth I Brandy, lot Sherry and Port Wines, Jamaica hiskey, €c.; one iron Safe, one Desk, ws, ke. AUC Great Jones street, ue ining und kite! letures, Stoves, M er's Chale: parlo: rpets, Mirrors, ekery, Cullery, ike. 3 WILLIAM ALLT, Marshal, VIRTUE OF AN EXECU. ublic sule the contents of. a fednes- o'clock in the forenoon DENIS GALVIN, Marshal. BY Twill expose for ARSHAL’S SALE.—PETER BOWE, AUCTIONEER, will sell ‘S41 East Thirty-fourth street, at 10 o'clock A. the Stock and Fixtures of the liquer ore Re |. By order. PF. DALY, Marshal. NUSSBAUM, AUCTIONEER, 201 BOWERY, SELLS «this di of Suloon—Bar, Buck Bar, Glasses, &e.. jay, at 11 o'clock. at 175 Wo irror, Tables, + positively in lots. ect, Fixtures airs, lee Box, Doulers invited. This day, JAMES AGAR, Auctioneer, will sell af PaRyenons SALE—WOMEN'S CLOTHING.~ 5 ooms o'clock, 500 Remnants of Silks and Velvs Bowery and No. 9 Oliver street, av? ik and othor Dresses, broche and woolles Sealsikin Sacques, Lot Mink Cloaks, Sable and other Purs, Blankets, Quilts, £c, By order of Jo Levy, 45 Sixth Prtiieer this day, at Shawts, Remnants, 0 Coats, PI ke. a AWNBROKERS SALE. THOS. J. McGRATH, AU 158 Chatham street, corner Mulberry, will’ sell 11 o'clock, Men's and Women’s Clothing, Dresse: Quilts, Blankets, Bedding, Boots, Shoe ‘ints and Vests. By B. Poyse Second avenue. fe Now on exhibition at the Art Rooms, 817 Broudway, a large collection of Oil Paintings, to be sold by auction Wednesday evening, November 18, at 73g o'elock. “A ERE. JOHNSON, JH, “AUCTIONEER, f Old stand, 37 Nassau street, at 1034 o'clock. LARGE SALE OF SECOND HAND FURNITURE, PAR- Jor and Bedroom Suits, Desks, Chairs, Oileloths, &c. At 13 o'clock will be sold FINE SILK REP CURTAINS, IN DRAB, MAROON ‘and blue; also fine line Axminster and velvet Carpets. On FRIDAY and SATURDAY, at 12 o'clock each dw NS. GUNS. Gtx, AiREAT SALE OF FINE BREECH-LOADERS. THE COMMISSION HOUSE FROM WHOM WE RE- ceived these guts have peremptory orders to close consign- 3 aod it by the Ist inst. ERS HAVING THE BENEFIT OF THESE revive on examination thelr unequalled wt into this mar- wi eu B forced sales will QUALITY. No finer guns ever find the: Ket, the makers being world renowned, be seen by the following :—W, Richard: C, Seott & Sou, W. W. Green- er, Bentley, P, Webley & Son, P. Coleman, Hughs, Adams, Win, Moore’ & Son and othe: ‘ On exhibition Thursday, with catalogu TIONEER 1044 o'clock, at ff Crockery, China, Gi WILL SELL No. 483 rige Stock urthen Ware, taney Lamp . &e entire stock of a dealer, to close business; positive sale, Deulers invited. UCTION. ATTENTION. AUCTION SALE, LO-DAY., TO-DAY. SUPERB HOUSEHOLD PURNITURE, this (WEDNESDAY) morning, at 103, o'clock, at the five story brown stone mansion NO. 47 WEST 16TH ST., BETWEEN STH AND 6TH AVS. Steinway four round 74 octave Pianoforte, Decker & Bros. upright 7h octave Plunoforte, Real imported Brdnges aud Bisque Figures Paintings by eminent artists, Statuary, Works of Art, PARLOK SUITS, richly carved rosewood und walnut frames, covered in crimson, tan and gold brocade satin and cotelai ‘Turkish and Spanish Lounges, Eusy Chairs, inlaid: marquet- d gilt Centre and Conyole Tables, rosewood Etugeres, jute Mirrors, lace ( fantel Musical Boxe: Rugs, som dl Secretaire Book: eases, choice Books, libri ant Turkish Suit (7 pieces), lady's Writing Desk. BEDROOM FURNITURE, CONSISTING elaborate and plain Bedroom Sets, inlaid and gilt Bedstead: Dressing Cases, Bureaus, Washstands, single and doub! Bedsteads, 33 fine hair and spring Mattresses, feather Pil- lows, Blankets, Toilet Sets, rep and plush Suits, marble top ‘Tables, Chairs, Rockers. DINING FURNITURE, vis Two Extension Tables, in- thuirs in leather, Silverware, two hall Siands, velvet itchen Furniture, &¢. bout purchusing will posi- ixth avenue or Unive goods, city or ‘Auction AUCTION le. JORNING, November 17, at 104; o'clock, East Thirteenth street, nei th avenue. Over $15,000 worth and over 400 lots useful and hundsom: Household Furniture, yards Carpets, two maguitice: Chickering aud Bradbury & Co. rosewood Pianofortes, ele- ant Parlor Suits, covered with satin, brocade, aireloth; Mirrors, Curtains, Paintings, Brous Etageres, Tables, Clocks, Turkish Chairs, Lounge: ut ahd rosewood Be stands, Commodes, Blankets, Pillows, Bureaus, Bookcase y bles, Extension Tables, Sideboard, Chairs. Giass, China, Sil- ver Ware; Cutlery, stair and ingrain Carpets, Oilelothy, sity place cars. nike Comepetent men to remove, pack or hip ROBERT C. CASHIN, “A Letio THIS (Wednesday) at the large private residence: 1 Extra l Servants’ Furniture, &c. Sule positive. Responsible men tu attendance to earl or pack foude for purchasers, city or country. KRAEMER, Auctioneer. UCTION SALE—THIS DAY, MAGNIFICENT AND superb Household Sarnitai property of K. Gay. Keg. to be sold THIS (Wednesday) MORNING, coinmeneing at 10 o'clock, at the t five story brown stone mansion 120 West 23d st., near Beh a Magnificent inlaid Parlor Suits, covered in ‘satin, brocatol an St Sons and Chickering Piano inway , Side aud Console Tables; Cabinets, ‘Oil Paintings, id Chamber Suits in ureace, Washstand: Bookcases, Secret: Dining Room—| Extension Tabie, solid wal China Dinner and Te Lounges, Hall Stand, &e.! also. Basemont aud "Furniture, LUKE PITZGERALD, Auctioneer. N. B.—Men to pack and ship goods. v SSIGNEE'S SALE OF CROCKERY, GLASSWARE &c.—James W. Wiseman, auctioneer,’ will seli at his Suleroom, 85 Warron street, ‘on Thursday, Nov. 18, 1875, lurge stock erates and casks Trenton ©. C.’and W, G. aud ‘Ohio E, L. yellow and Rockingharh Ware; best and seconds in lots to sutt dealors; deposits required from evary buyer. JAMES W, WISEMAN, assigneo, A®™ fortes; inlai Juardinores, Brow: At the Keeler Art Gallery, 53 Liberty street, corner Nassau, Sule TO-DAY, at 12 o'clock, * VALUABLE MARBLE STATUARY, COLUMNS, VASES, e., from the studios of Rome, Carara and Florence. Also Freneh Bronze Clocks and Figure UCTION. EAT CLOSING LEWIS, Auctioneer, will sell th Norton, in his store, ting Desks, &e., te. Dealers invited. GEO, WIS, Auctionser, office 430 Pulton street, Brooklyn’ AUCTION—300 OIL, PAINTINGS, | RICHLY A’ iat Artist's Gallery, 20 Park row, opposite new Post office: framed, without reserve, this day, at 11 and 2 o'eloc! attend. Denk REMPTORY SALE Ww pay advance, PETER BOWE, Auctioneer, will sell this day, at 11 o'vlock, at the wuction rooms No. 11 University place, corner bighth street, & choice collection of Oil Paintings, comprising jeriptural and other subjects of Landsenpes, Morine View: ated European arti every description, by evle —ROBERT B, LEITCH, AUCTIONEER, SELLS AT Aine Selock nt 707 Bast’ Ninth street, Stock and Fix tures of fayer beer saloon; Bar, Buck, Bar, Tables, Chairs, ke. ; dealors invited. Y MAX BAYERSDORFER, AUCTIONEER.—MORT- age vale at Ho'clock, at 431 Greenwich street, Stock and Fixtures of handsome Saloon, also Bagatelle Table, iu MAX BAYERSDORFER, Attorney for Mortgage EMANUEL, AUCTIONEER, WILL SELL THIS day nt2 ovclock at 174 Bowery, a large assortment ot ancy China Gouds, and Jot Dolls, Drums, School Bays, Beads, Toys. Dealers invited, JOUN A, DUNN, AUCTIONEER: i look, wt N. WILL SELL 700 Washington street class. Sale posi- Case, Tailor shi lers attend, Funcy Uoods, Cut CHOGEREY, SALE-GUENEY LOTZ, AUCTIONFER, S. uletware eae al bah) v'elcek, White . O., Giaseware, rieh China Vase ; ilidms Anders, 58 arduy aireeus’ A“ ‘MY ry, duckets, ke. d Fixtures of @ fret clas | AWNBR Auctioneer, Salesroom, ‘No. Gay at eleven o'tlock, 600 lots mi Shawls Blankets. Beddin, Dresses, and Vests. OKER'S SALE—R, FIELD, GENERAL ‘89 Bowery, will sell this 1d womens’ Clothin, Remnants, Underclothing, Boots, Shoes, de.; also C r, HUGH PREEL, Rose street, By or DAWNBROKER'S SALE.JAMES AGAR, AU! eer, wil ery. a larce monds, Jewelry, Guna, Pistols, & CTION. il sell, Thursday, November 18, at 59 New Bot assortment of ine gold and silver Watebes, also a lot of silver Plate and « camel’s hair Shawl. By order of Simpson, Somers Co., Chatham street, R Will soll thi room 2 ICHARD WALTERS’ SONS, AUCTIONEERS—SALES- 7 Eust Broadway—Liquor Store Mortgage sale.— day, (Wednesday), nt 10 o'clock, at Ne 868 Chorry street, the Stock and’ Fixtures of « Liquor Store, viz:—Bar and buck Bar, 4-pull English Ale Pump, Glass ware, &c, By order of attorney for mortgagee. I B. LI - at 820 TCH, AUCTIONEER, SELLS AT 2 OCLOCK. on street, Stock and Fixtures of candy and variety store, Candies, Jars, Show Cuses, Counters, &c. Dealers invi ited. HERIFE'S Hosiery, e.— day, Wednesday, November 17, at eleven o'clock, i Bowery, w Stockings, SALE OF GLOVES, STOCKINGS, Herman, Sheritfs Auctioneer, ae a ‘0. lot “Gf mens’, ladies’ and ebildrens” Gloves, Shirts, Drawers, Hostery, &c. Sale positive; dealers invited. WILLIAM ©. CONNOR, Sheriff. Joux F, Cuxxixcnam, Deputy. HERIFF'S SALE OF WINES AND LIQUORS.—8. HERMAN, Sheriff's Auctioneer, sells, this day (Wed- nesday), No un assortment of Brandies, Gin, Bourbon and Port and Sherry Wine, in casiks Sale positive. Witt vember 17, ut 10 o'clock, No. 246 Fulton street, Whiskey, barrels, \demijohas aud invited. 1AM C, CONNER, Sheriff. Deal \ Hi, Burns, Deputy, HOS J Thur: Catharine ture: positive. Bedding, ‘Ke., to pay storage and expenses. MeGRATH, AUCTIONEER, WILL SELL ON ay, at 1035 o'clock, at No. 204 South street, near treet, & large and’ general assortment of Purni- Sale M ABBOTT, AUCTIONEER, OFFICE NO. 3 ILLIA Chambers street.—B I wilt sell Liquor store 74 Houston, English Ale Pump, magnificent walnut Cov: Tables, Gia virtue of a chattel m f o'clock, the contents of this day, at 10) ner Elizabeth st seware also mgood assortment of Li WILLIAM ABBOTT. M RIDAY, N vember 19, 1875, at 1034 o'clock in the forenoon, at No. 183 Chatham street, an assorted lot of Oileloths, Carpets, Safes, Horses, Truck Also at th the bulance ‘ngons, ke, WILLIAM ©, CONNER, Sheriff, 1, Deput: e same time und place, by order of the ‘of the Stock of Rosendale & May. ——— ry N 128 West bam ary bo street, between Sixth ear Broadway.—Special mechanical dens er, rose pearl, whalebone rubber, gold and Pnmpers, Regulators, de. Take ‘green cue reet ferry or Sixth avenue cars or Broadway EWBROUGH, 128 West Thirty-fourth street, BEAU $1; having extensive a uired, poms. Remember, 262 Sixth eet, Established’ 1801, style TIFUL SET, $8; GUM TEETH, $10; SINGLE, iments persons ean select amine specimens at New Yrok Dental near Sixteenth 155 8, WHITE AND KEENEY, SURGEON DENTISTS, Sixth avenue.—Teoth fill fed with gold, $1; silve $3, $10, $15; all operations wi € “A MERICA Emerglds, Watches, Sha aluables, &e., bought; highest also time purebuses etfecred | estublishe, REE WAY.— Money advanced on Dianon ches, Jewell Fisnos, de’; also t brokers’ ‘Tiekets bought ‘of Diemonda, OFFICE—$75,000—RUBIES, DIAMONDS, Jewelry, silverware, ry ossible vale pala i 1. BARRINGER, 755 Broadway, A O18 rice paid bid seand., a7) Futton TAMON Furs, ALLE: iN, Si Bought BROADWAY, TWENTIETH AND TWENTY. first stroets—G. M. LYNCH, Diamond Merchant; Dia- monds, Watches, Apstrtoal Camels’ Hair Shawls, £c, ; Co Loaus negotiated ; ladies’ room, No. 1, Herts't SSAU STREET, BETWEEN JOHN AND streets—Newman Leopold's, Diamonds, Watches, and Sold, Loans negostated Life Policies, ¢. NEWMAN LEOPOLD, 80 Nussau street, DS, WATCHES, JEWELRY, SILVERWARE, Camel's Hair" Shawls, &c., bought and when desired, wt a very small advance, GEO. C, jeweller, 1,1%) Broadway, near Twenty-nint® Beul-skin Sacques at w bargain. TM. MARKS WELL KNOWN ESTABLISHMENT CLOTHING, 101 Sixth avenue, opposi th street, ludies and gentlemen cau receive the utmost value in cash for cast-off Clothing, enll oF ad~ dress the Mrs, Marks. Please try and satisty yours rook- lyn prompt ly attended to. is “DEMAND FROM MY AGENTS FOR GREAT “i L, ladies’ and gentlemen's cast-off Clothing, Carpets, Pure nitare, Diamon Luces, camels’ Shawls, J. foe and : Ce T ESTABLISHMENT, 81€ A Sixth avenue, corner Forty.sixth street, ladies and ‘tlemen will positive receive 50 per cent more in cash owl pr jor cast off Clothing, € or ere eee er Te aS f P: men will ve cast-off Clot Mr. or Mrs, MINT EDWARD MILLER’S WELL KNOWN ESTAB. 4 Stoll WARRIS, N TB. MIN ‘Twentieth ENUE, BETWEEN ty-tirst st jadies aud geutle- he xreut prices paid in cash tor ‘arpets and Jewelry, for the Western and “ppders by post punctually attended to by 4 Sixth avenue, near Waverley place, the ate il for east off Clothing, Carpets, &e., by calling mg Mes or re MILLER | BROADWAY, BETWEEN THIRTY SECOND be paid i Thirty-third streets, Broadway prices will Clothing, &e., by calling on or 0, 1,274. : ’ M. address, I Tweuty-hitn $1,000 REWARD; NO IMPOSITION; @ + Business Clairvoyant is R umber: avenui A CLAL T great A” Faxes; tells everything, Broadway. FR mode: fourth and Near Twenty. ith sire GOUN, 426 SEVENTH AVENUE, BELOW THIRTY. fourth street, pays the full value for ladies' and gem Ueinen’s Wearing Apparel, © arpets, &e., by callin, dies attended by Mi » Cob. ‘ bende ; BY REWARDS.—w. | A BRIGNOLI, Medical and Business Clairvoyant fells hawes, shows li Re. G0e. and BL 490 "Wess Sixth aud Seventh avenues, Mrs, COST! atisfaction oF no pay; 508. to MM RVOYANT GIVES MAGNETIC TREATMENT ‘Address and Sponge Baths. f SEAL RVOTANE. resale Ure ee aga Herald Uptown Branet office, THY DESTINY, CONSULT THE jaitvoyant, Gives luck, causes mar- 199 West Forty tirst street, meas ‘CH LADY TELLS FORTUNES.—PRICES rate. BUT Sixth avenue, between Twenty-tifth streets, second fluor. 10 ext living TTENTION |—~CONSULTATION sults, ona dew SCTSiSTaMt trons 4 me, SINGKT, Clairraretity