The New York Herald Newspaper, November 30, 1875, Page 5

THE COURTS Bunning Steamships of the Panama Railroad Company in Connection with Its Road, A STRUCK JURY FOR THE RING SUITS. Refusal of Stay for the Negro Murderers. Charge of Fraudulent Im- portations. , JAY GOULD IN A NEW ROLE. Most of yesterday, in Supreme Court, Chambers, be. fore Judge Donohue, was consumed in the argument on the order to show cause why the injunction restrain. Ing the Panama Railroad Company from running steam. ers from New York to Aspinwall and from Panama to Ban Francisco in connection with its road should not be continued. Mr. Aaron Freeman, one of the stock- holders, brings the suit, and upon his application the temporary injunction was granted. Ex-Judge Fulle: ton and Henry E. Knox appeared as counsel for Mr. Freeman, and Mr. Macfarland and ex-Judge Shipman represented the Panama Railroad Company. Preliminary to the argument the complaint was read, and then followed an affidavit in reply made by the President and directors of the road, The latter docu- ment sets forth that at the time of the granting of the injunction the directors were negotiating for the es- tablishment of the steamship lines sought to be re- strains that this was done with the consent of the greater part of the stockholders; that the proposed action was for the best interests of the company; that ‘at the time the Panama Railroad was subscribed for it ‘was well known that the Pacific Mail Company was engaged in large operations, and the enterprise of the Panama Railroad was to be a separate enterprise, having a different termini, and intended to be carried onto the Atlantic coast; that for this purpose they ‘were granted extended powers, and the instigators of the enterprise, as well as all other interested parties, well knew that the steamships would be necessary for the carrying out of the enterprise, and accordingly from 1850 until 1872 steamers were run by the com- pany under their charter from New York to Aspinwall, and also in the Pacific without their rights to do so be- ing questioned by any one; that tho Pacific Mail Com. pany in 1849 succeeded in obtaining a right to navi the Atlantic, but their powers, although equal to, did not exceed the powers granted to the Panama Com- pany under their original charter, and that although they agreed to extend their line they were allowed a reasonable time todo so. It is further averred that the officers of he two companies are practically the same; that the ncaviest class of freights were turned over to the Union Pacific Railroad, while the lowest freights were received by tho Pacific Mail; that this present suit, as deponents were informed, had been in- stituted in the Union Pacific interest, and that the only way to remedy this state of things was to establish this line of independent steamships on the Atlantic ana Pacific oceans, Another affidavit, made by Prosper N. Wetman, was read in confirmation of the above facts. ‘There next followed an affidavit, read by ex- Judge Fullerton, in opposition, made by A. J. Benter, first Vice President of the Panama Railroad, setting forth that the allegations made by Mr. Wetman were for the most part incorrect. As to the use of vessels apd steamers by the defendant, the facts as alleged were that a line of brigs was started by the secretary as rad speculation, on which the com- pany had a half interest but no control; that it wi used to transport freight to New York. That after this the company bought a line of steamers to New York, but subsequently sold it to the Pacific Mail; that It is untrue that the Panama road ran a line of steamers for many years since the completion of its and that the company did not purchase any steamers ‘until after the completion of its road, The above affidavits having been read, Mr. Mactfar- land opened the argument on behalf ot the comp He urged that there was no clashing between the sfM™idavits, 1t was not dented that the road owned both steam and sailing vessels. The plaintiff did not show any loss or inju! by such lines. The company’s charter gave William ©. Aspinwall, John 3. Stophens and Henry Chauncey power to make a Tailroad across the Isthmus of Panama, under a grant by the Republic Granada, to’ purcl and navigate such steamers and sailing vessels as a1 proper to be used in connection with the road, which was broad enough to cover the navigation of the lines objected to. When we areasked to emasculate this railroad, we must look at its charter carefully. An enormous corporation, the Union Pacific Railroad Com- y, has sessed itself of every feeder but the ‘anaina Railroad Company. What principle of public licy was promoted by conferring upon the Panama ilroad Company the power of extending its lines by sea from its termini? It finds no support in the existing state of thi and certainly there is ground for severing the charter right in two and savi the one part and ignoring the other. The charter allows the Comapany to lise what ig necessary and proper for the road. ho can jadge of this but the directors? ‘The limitation is only asto what 18 necessary and proper. They have unrestricted ission to use the sea, It wasseen that they needed the functions of using vessels from either terminus. He continued his argument at great length, citing numerous horiti: in support of the same, Ex-Judge Fullerton made an equally lengthy response. the Pani Railroad Company, he said, claim the tight to establish @ line of steamships for the trans- portation of ge! 4 freight from the port of New York to tho port of Aspinwall, in the Republic of New Granada, and trom the port, of Panama, also in said last-named mnie to the port of San Francisco in the State of California, and are now taking the necessary steps to accomplish that purpose. The plaintiff claims that the company possesses no such power, and the object of this action is to restrain it trom exercise, upon the ground not only that it is ultra vires, but, also, that it puts injeopardy the proj erty of the stockholders. After citing the act in- corporating the company, he went on to say that, in order to discuss the question of the power intelligent, and get at the intention of the Legislature in vere | this grant, they must consider the circumstances whic! existed at the time the it was made, The Court will take judicial notice of the fact that at the time of the creation of the corporation there was a well established trade between the cities of New York and San Fran- tisco, The object of this corporation, therefore, was Bot to open new channels of commerce, but to improve those already existing. Communication with San Fran- tisco was had only around Cape Horn, where navigation was tedious, dangerous and expensive. By establishit communication across the Isthmus of Panama, the dangers of navigation were materially lessened and the ‘expense of conveying freight and passengers between the two important ports of New York and San Fran- sisco legen f diminished. The corporation, however, foresaw @ difiiculty and provided against it by that clause their charter, which enabled them to steam or sailing proper and convenien' connection with their road. The difficulty was this:— oO tothe nature of the harbor of Panama ocean considerable distance from the wharves and docks situated at that place, This ‘was owing to the great rise and fall of the tides in Pan- ama Bay, being at times twenty or more fect, and to the shallowness of the water of the bay between the islands of Flamenco, Perico, Calebra and Anos and the shore of the city of Panama, Passengers and freight in it had to be transported from the wharves in the bay to the steamers and from the steamers to tl wharves by vessels of lighter draught than the steam- ers themselves, and since the completion of the ri they have been so transported by means of tugs and launches belonging to said corporation, These tugs used for that purpose, in consequence of the shallow. ness of the water of the bay, approach the wharf of the railroad company about three hours only imme- diately before and immediately after flood tide. The ebb of the tide is such that during the php part of the time the bottom of that part of the bay where the ‘wharf ts situated is bared for a distance of about half a mile from the wharf. The construction of a railroad, thefotore, ay it was then contemplated and as it now exists, without the means of communicating between the wharves at respective termini and the steamers which plied between New York and San Francisco would have failed to accomplish the object that was in- tended, In addition, therefore, to a grant to construct taid road, it was necessary to obtain other powers. It was in view of this dificulty and for the purpose of Providing against it that the power to purchase and avigate steam oF Sailing vessels as might be proper nd convenient im connection with the road was granted to this corporation. A reference to afew elomentary principles would deterimiue the question involved in this controversy. It was a familiar principle that corporations, being the creatures of legistation, are precisely what their organic act makes them, and beyond that they are nothing. They most strictly wituin their limited sphere, and for every function they claim to exercise they must Gnd authority in legisiative grant, If the steamers could have reached the wharves erected by this railroad company without the intervention of other vessels, the Court, even then, would have had difficulty in coming to the conclusion that the Legisiature intended to grantto this corporation the extraordinary power which it now Claims, But the tacts disclosed i reference to the Bay of Panama and the necessary use of steam or sailing vessels in order to make’ the railroad avail- satisfies the language of the charter and exhausts the power of the corporation. This hecomes the more apparent when they consider the unlimited power which might be exercised ander this grant, giving tthe construction claimed by the Panama Railroad Company. They wero not limited to the ports of New », York, Aspinwall, Panam: San Francisco im estab- NEW YORK HERALD, TUESDAY, NOVEMBER 30, 1875.-TRIPLE SHEET. lishing their line of steamers, according to the con+ struction claimed, but they might embrace in the exer- cise of their powers every port in the known world. To | powercan be exercised under the meagre language used in the charter would be to stul- tify the Legislature which granted the charter. No such instance of profligate legislation can be found in the history of our Legislature. It will be seen that there 1s no evidence that the corporation intended to exercise any such power by the title which it assumed at the tim® of its creation. It was constituted 4 body corporate by the name of “The Panama Railroad Com- Bee at the time, it bad been contemplated to establish a line of steamers involving a capital of ten times that which was necessary to construct a railroad, it was fair to presume that the title would have indi- cated d that it would have been called “The ilrdad and Steam Navigation Company,” or something of that character. It cannot be denied but that the main object of the grant was to constructa of Panama, and that the gate steam or sailing vessels, right to purchase and na’ as might be proper and convenient to be used in con: nection with the road, was merely incidental to that grant. This, under the circumstances, he claimed, was giving @ natural and reasonable construction to the lan- guage used, which, under the circumstances should pre- vail. The peculiar language of the grant will be found strictly in harmony with the construction here given to the charter. lo reviewed the charter at length and then gave a somewhat detailed history of the legis- Jation of this State in the creation of corporations for navigating the ocean or constructing railroads, showing that they have been studiously careful to define with as much particularity as was possible the privileges and powers which such corporations were to enjoy and exercise. He then discussed the law as applicable to the case, citing various decisions. £x-Judge Shipman made the concluding argument. He insisted that the suit was not brought in good faith; that the plaintiff did not come into court with clean hands, and that it was altogether probable that his shares were bought for the purpose of bringing a suit. He contended that the question was one wholly of con- struction of the company’s charter, Atthe conclusion of the argument Judge Donohue took the papers, reserving hia, decision. THE RING SUITS. Mr. Wheeler H. Peckham, representing the Attorney General in the suits pending against the members o, the New York Ring, gave notice yesterday to Messrs! Field and Deyo, representing Tweed and Messrs. McKeon and Smyth, representing Sweeny, that on the 6th of December next, in Supreme Court, Chambers, a motion would be made for an order dirceting a strack jury to be empanelled in the two suits against Tweed and the suit against Sweeny. The motion in the first or six million suit against Tweed is to be made on an affidavit of Mr, Peckham, served yesterday with the Notice of motion, as wellas other papers in the case. Mr. Peckham’s affidavit is as follows: — City and County of New York, ss.—Wheeler H. Peckham being duly sworn, says he is assistant counsel for the plaintiff in the above entitled action as the re- tainer of the Attorney General; that the defendant Tweed has, for the last ten or fifteen years, been a very prominent’ politician in the city of’ New York, and up to the time of the commencement of the public prosecutions hereinafter referred to was popularly reputed to be a person of very exceedin great wealth; that up to the fall of the year 1871 sai Tweed occupied a very leading and controlling posi- tion in the political goog 4 or organization in the city of New York known as the Tammany Society or Tam- many Hall; that, during the summer and fall of 1871 immense frauds upon the treasury of the city an county of New York were made public, and that it be- came apparent that such frauds were perpetratea dur- ing the time when said Tweed held gel office, and that very many of the bills, through the presenta- tion and payment of which said frauds had been ac- cbmplished, had been approved or certified as audited by said Tweed; that prior to the election of 1871 the tracing of large amounts of the money, paid on the cer- titicates of audit of the Board formed by section 4 of the County Tax Levy of 1870, to the defendant Tweed as shown in the schedule at- tached to the affidavits on which the order of arrest was made herein, was made public, and notwithstand- ing its publicity and that it was not in any way to de- ponent’s knowledge denied the said Tweed was elected to the State Senate, where, however, he never claimed his seat; that thereafter said Tweed was indicted for misdemeanors in respect to the neglect to audit and corruptly giving certiticates of audit as to some fifty- five of the same bills in the complaint herein referred to; that a trial on said indictment was had in January, 1873, and on said trial deponent acted as assistant coun- sel for the prosecution, and a very long time was occu- pied in empanelling a jury; thatthe large majority of ‘the jury ultimately empanelled were from a very in- ferior class of citizens, without responsibilty of position or character in the community ; that very little information could be obtained about them beforehand. The jury rendered no verdict and were discharged be- cause they could not agree. The same indictment was again tried in November, 1873. In order to obtain proper information as to the jurors then to be empan- elled deponent had to and did first obtain a full list of all the persons whose names had been put in the jury box for the current year and of those whose names had been drawn and who had been discharged, so as to know all the persons from whom the jury in the case would be selected. Deponent was then obliged to and did employ a largo number of persons to obtain full in- formation as to each and every one of said jutors, and to report the same in writing to deponent. “Over 1,000 biographies were then made and reported to ‘de- ponent. Notwithstanding all the care and attention that could be bestowed it was suspected after the jury was partly empanelled, that an improper person had been accepted, and on the matter being investi- gated in open court the indicatfons that improper approaches had been made to the juror and acquiesced in by him were so strong that the Court rejected the Juror and ordered another to be summoned in his Place; that, in deponent's opinion, the only way to secure a fair and impartial trial in this case, without the enormous labor and expense of obtal biographies of all the jurors whose names may in the jury box, is to have a special jury, composed of men whose high social position and well known per- sonal character will be a sufficient guarantee that ri and justice will be secured, Aside from the difficulty of otherwise securing a fair and impartial trial, in deponent’s opinion, a struck jury {s required ‘by the importance and intricacy of the case. The defendant Tweed was for many years a potitician of great prominence and power and probably second to none in his influence ovor iegislation and over the ac- tion of various executive oflices, State and local, The trial of this action will involve the official action of the defendant Tweed, not only as auditor, as stated in the complaint, but also as State Senator, and the character of the means used to effect the legislation of 1870, af- fecting the city of New York. While the evidence ma; partly consist of the testimony of co-conspirators, it will to a very great extent, consist of documentary evi- dence, such as bank books, checks, deposit tickets, the identification by bookkeeping and accounting experta and by the correlation of entries in different sets of buoks of the moneys wrongfully taken with the moneys finally received by the defendant Tweed—evidence that can only properly be understood and appreciated by persons accustomed to large moneyed transactions and to the banking and Clearing House system in the city of New York. Sworn, &c., WHEELER H. PECKHAM, The notice of argument is as follows :— Take notice that upon an affidavit, of which the foregoing is a copy, and upon the pleadings and upon the affidavits used by the plaintiff to oppose the mo- tions of the defendant Tweed for a bill of particulars, and for other purposes, which said affidavits are now on file, and copies of which have heretofore been served on you and on all the papers and proceedings in this case, and on sucn other papers as may hereatter be served on you, herein I will move this Court at a Special Term thereof, to be hold in the new County Court House, in the City Bell, tn the city and county of New York, on the 6th: day of December, 1875, at the opening of the court on that day, or as soon thereafter as counsel can be heard, fora rule or order that a special jury be struck for the trial of this cause, or for such other or further relief as may be just in the premises. DANIEL PRATT, Attorney General. To Messrs. Fixup & Deyo, Defendant’s Attorneys. In the second or one million suit against Tweed the motion is to be made, in addition to the existing papers in the case and tho foregoing affidavit, oa another aM@davit made by Mr. Peckham, as follows:— City and New York, ss.—Wheeler H. Peckham of said city being duly sworn says, that he is of counsel for the piaintif's in the above entitled action; that in deponent’s opinion a fair and impartial trial cannot be had in this action without a struck jury, and the importance and intricacy of the cause requiro such ajury; that for several years prior to 1871 the government of the city and county of New York was popularly supposed to be mainly influenced and con- trolled by the defendant Tweed, one Peter B. Sweeny and one Richard B. Connolly. In 1871 gigantic fraudg were discovered by means of which the local governments of said city and county had been defrauded of many millions of dollars. Participation in these frauds in the receipt of the moneys obtained by them was at once alleged against the detendant, Tweed, and also id Sweeny and Connolly. The two latter hi from the United States. This action ix one of a series of suits brought to recover said stolen millions, and the same considerations that would make a struck jury Proper in one action apply to all. Bays that the statements in deponent’s affidavit en- titled im another action between those same parties, and known as No, 1, a copy of which is horeto annexed, are true to deponent’s knowledge, information and belief. Sworn, &, WHEELER H. PECKHAM. The motion in the suit against Sweeny is noticed to be made not only on the two preceding affidavits and all the papers and pleadings in the case, but also upon the following additional affidavits by Mr. Peckham tity and County of New York, ss.—Wheoler H. Pe ham, of said city, being duly sworn, says that he is of counsel for plaintiff in this action, on the retainer of the Attorney General, and has had charge of the same from its commencement; that the character of tho action 18 disclosed in the pleadings and also in two cer- tain affidavits made by depenent in two certain actions by these plaintiffs against thy same defendants, City Cor- poration and Wm. M. Tweet, copies of which affidavits are hereto annexed, and the statements wherein are true to deponent’s best knowledge, information and be- lief. Deponent further says this action is brought for the same two causes of action upon which the said two actions against said Tweed is brought; that the same considerations which make a struck jury essential to the administration of justics, in said two Other actions, apply to this. In deponent’s opinion a fair and impar- tial trial cannot be had without a struck jury, and the importance and intricacy of the cause require such a Jury. | Sworn, &e. WHEELER H. PECKIIAM. All three suits—the two against Tweed and one against Swe have been placed on the trial calen Deponent farther | ar for next month, and counsel for the people are all in readiness for trial. THE LYDIG'S WOODS MURDER. On Jast Friday application was made to Judge Barrett, in the Court of Oyer and Terminer, by William F. Kint, zing and John O. Mott, counsel of the three colored | men, William Thompson, William Ellis and Charles Weston, recently convicted of the murder of Abraham Weisberg, the Jew pedler, in Lydig’s Woods on the 17th of July, and sentenced to be hanged on the 17th of next month, tor a writ of error and stay of proceedings in each case, The application was first made to Judge Barrett, as they were each tried before him, and the statute compels such application to be first made before the Judge sitting at the trial, On behalf of the drst two named prisoners it was urged that the jury was not properly empanelled, it having been selected from a panel made up by Thomas Dunlap, whose appointment as Commissioner of Jurors by the Mayor is ciaimed to be unconstitutional, and further, that the Court of Gencral Sessions, the indictment having been found in that Court, had no right to transfer the indictment to the Oyerand Terminer. On behalf of motion it was claimed, in addition, that the Court erred in refusing to appoint triers upon a challenge to favor of a proposed juror upon the ground that the act authorizing the Court to act as triers toa challenge to favor was unconstitutional, Judge Bar- rett gave his decision yesterday in the case, embodying the same in two brief but important opinions, the first being upon the first two points raised on behalf of the the prisoners, and the second upon the question raised as to the appointment of triers. ‘The question with respect to the challenge to the array of petit jurors was fully discussed in the opinion filed in this court upon the 26th inst. in the case of Jacob Standerman. It was then shown that the title of an officer de facto could not be inquired :hto collaterally, and that the objection to Mr, Dunlap’s official action was wholly without foundation. This is not only clear upon principle, but in accordance with the whole cur- rent of authority in this country and in England, Rel- erence is made to that opinion for those authorities and for the more elaborate statement of the reasons for de- nying the present application, so far as it proceeds upon this particular ground, The only other point pre- sented on behalf of the condemned ig thas the Court of General Sessions had no power to transfer the indict- ment to this Court for trial, and, consoquently, that this Court was without jurisdiction in the premises. It 1s conceded that the Court of General Sessions possesses the general power to transfer indictments to this Court for trial, and, indeed, the statute upon the subject is clear and explicit—‘Every such Court of Oyer and Termmer shall have power to try all indictments found in the Court of General Sessions of the peace of the same county which shall have been sent by order of such Court of General Sessions to be received by said Court of Oyer and Terminer’’ (2 Revised Statutes, marginal page 204, sec, 15.) The claim is that the power 1s limited to the indictment before arraignment and plea, and not to the issue. The point is truly frivolous, and there would be more force in the claim that the Sessions could not remove the indictment ‘until after arraignment and plea, For the indictment 18 sent to this Court for trial and there can be no trial except by an issue. The application tor a writ of error with a stay of proceedings 1s theretore denied. In the case of William Thompson and William Ellis the Court has passed, adversely to the condemned, upon all the points here presented except one. That one consists of the reiusal of the Court to appoint triers upon a challenge to the favor and an exception to the ruling that such challenge was not sustained by the evidence. The refusal to appoint triers was in strict conlormity to the statute, which provides that all challenges of jurors, both 1m civil and crimiual cases, shall be tried by the Court only (Laws of 1873, chap. 427, sec. 1), It is claimed that the statutory innovation | upon the ancient practice of determining challenges to the favor by means of triers is unconstitutional. The eneral subject was considered in Stokes vs. The People, 53 N. Y., 164, and it was there in substance held that while the constitution undoubtedly secured to per- sons accused of felony the right to be tried enly by an impartial jury of twelve men. Yet it did not impress. upon our practice all the rules, machinery and matters of detail whereby that result was sought to be obtained atcommon law, ‘While the constitution,”’ says Mr. Jus- tice Grover, “secures the right of trial by an impartial jury, the mode of oop yg and empaneliing such Jury’ is regulated by Jaw, either common or statutory, porary. the latter, and it is within the power of the egislature, from time to time, to make such changes in the law as it may deem expedient, taking care to pre- serve the right of trial by an impartial jury.” The criterion, then, is whether this matter of detail tends to deprive an accused person of an impartial jury. It is obvious that it does not; that, on the contrary, it tends to secure him, if anything, a more impartial jury; for the inquiry into the mental state of cach juror is thus conducted by one who is in constant train- ing to develop within himself perfect freedom from bias, passion or prejudice as is permitted to human nature, and to whom impartiality is the business of a life, the means whereby alone the ends of equity and justice are to be attained. Judges no longer hold their offices at the pleasure of the Executive; they are not the mere agents of King, President or Governor, When judges were constitutionally dependent upon the sov- ereign the right to triers may have been important to the subject; but now, when judges are constitutionally independent, when they stand between the people and the prisoner, and are perfectly {ree to protect the lat- ter irom any attempted oppression by the former, they bring the fulland unfettered force of trained judicial faculties to the question of the impartiality of jurors, and they approach it in precisely the same spirit as they do any question in the cause. There can therefore be no reasonable doubt either upon principle or authority as to the constitutionality of the ‘act in question, With respect to the exception te the ruling that the Juror stood indifferent, it a be said that the decision of the Court upon the challenge to the favor is final. Such was undoubtedly the rule with Tespect to the decision of triers when the Court by the consent or without the objection of parties acted as such (Costigan vs. Cuyler, 21 N. Y., 134; Sanchez ys. People, 22 N. ¥., 147; O’Brien vs. ‘People, 36 N. Y., 276). But on the other hand, if it be claimed that the act in question gave aright to review every question, even ot fact (as to which no opinion is now expressed), it must be held that there is no reasonable doubt of the correctness of the ruling. The juror testified that he had an impression or opinion, but simply from newspaper reports, that sach opinion was based upon the axsumption that what he had read was true, but that he did not know whether it was true or false; that it was the same kind of opinion that he would have with regard to any item of news which he had seen in the newspapers, without stopping to inquire whether it was true or false; that it was noth- ing more than that, nothing more than an impression formed trom what ho had read, and respecting which he had exercised no judgment as to whether it was | trne or false and that it would not affect his judgment in the least inthe jury box, but that he would be gov- erned by the evidence. A fairer or more impartial Juror, with sufficient education to read the news of the ‘day and sufficientenlightenment to desire to keep up with the times, it would be difficult to procure. The application for'a writ of error with stay of proceed- ings must therefore be denied. Similar applications will be made to other judges of the Supreme Court by Messrs. Kintzing and Mott, any judge of this Court having the discretionary power to ‘allow the writ, with a stay of execution, ALLEGED FRAUDULENT INVOICES. The action of the United States against the York Street Flax Spinning Company (limited), of Belfast, Ireland, to recover $100,000, gold, forfeitures for alleged undervaluations and frauds in invoicing imported goods, was begun yesterday before Judge Blatchford and a jury in the United States District Court. The trial was commenced on the 22d inst,, but om account of the death of Vice President Wilson was adjourned to yesterday, The York Street Company—one of the oldest and largest of the Belfast linen manufacturers— dispose of a large part of its products through branch houses established in various countries, one of them being in charge of Messrs. Sinclair & Faweott, at No. 14 Church street, in this city. The government claiins that the goods invoiced by the company to the branch house here have not been invoiced at actual market value at Beltast, as required the first section of the ,act of March 3, and to test that question an ‘action has been Drought covering invoices between the months of December, 1872, and December, 1873. The defendant claims that the market value at’ Belfast is the price at which goods aro sold and exchanged in that market in the regular course of trade between local houses and to foreign buyers who purchase directly of the house without the intervention of the various branch houses, and that this value is by uniform custom obtained by adding to the actual market value of the goods in the Taw oF unfinished state the cost of bleaching, finishing aod shipping. The company further claims that there is no established market value for finished goods at Beltast, and that sales of such goods in the finished | state to foreign purchasers are exceptional, and that | therefore such sales do not fix the local or | actual market yalne at Beifast, Most of the Bellast manufacturers have branch houses similar to that of the York Street Company in this city, and the question of market value has often arisen in connection with shipments made to these branch houses, Under the ola law as to moveties, and under the belief heretofore existing that the question of intent would not go to the jury, many of these bra submitted to the claims of the government and compromised their alleged forfeitures, The York Street Company insists. however, that their invoices are correctly made out and has persistently retused to accept the interpretation of market value directed by the Custom House, The questions raised in the case will be of great in- terest to foreign manufacturers shipping goods of their own manufacture to agents or branch houses located in this city, Assistant District Attorneys EK. H. Smith and H, E, Tremaine appear for the government, and Messrs. E. H. Owen, William M. Evarts and Sherburne B. Eaton for the York Street Company, The trial will probably occupy several days, JAY GOULD AS A HOTEL KEEPER. A suit has been commenced in the Supreme Court in this city by Mr. Edmund Coffin, Jr., on behalf of Wil- liam Sloane and others, to recovor the price of the car- pets of the East End Hotel, at Long Branch, from Jay Gould and othe The suit is now on the calendar for trial, and the ploadings show as plaintiffs William Sloane, Jobn Sloane, William D. Sloane, John Mitchell, Waltor W. Law, Henry 7. Sloane and Thomas C, Sloane, | forming the firm of W. & J. Sloane, carpet dealers, and Jay Gould, Walter B, Palmer, Charles J. Osborn, H. H. Martin, John F, Cole, C. W. Joslyn, Jobn B. Morris, George W. Bentley, Ashbel Green, Benjamin William- son, Robert F, Stockton, Warren Leland and John Torry, Jr., as defendants. Jay Gould was the President of the New Jersey Southern Railroad Company, and bis codefendants its directors. The complaint charges that in June, 1873, while Gould was such director and his codefendants such directors, Gould purchased ‘on account of the railroad company carpets to the value of $1,877 39, for which the plaintiffs have never been paid; that at the time of such purchase Gould was the owner of the East End Hotel at Long Branch and used the carpets to furnish it, and that such hotel was con- ducted for his benefit and he received the proceeds. ‘The railroad company having become insolvent so far as plaintiffs have been able to discover, they now seek to hold Gould and his associates personally liable on the ground that they exceeded their authority as officers of the company in making such a purchase on the company’s account, and that in representing to plaintiffs that they had such authority, they were guilty of fraud, misrepresentation and deceit toward plaintiffs, On this point tho complaint charges that the authority of the officers to bind the company was limited to such buildings, engines, appur- tenances, &c., as were necessary for tho’ purposes of the road as'a means of transportation for passengers and freight; that the hotel in question was not nee: sary for such purpose, as it was halfa mile from any depot on the road, and a quarter ofa mile from any point of the road itself by a direct line. Claiming, therefore, that Gould contracted the debt on account of the company without authority and used the property purchased for his own private emolument and that he conspired with the other defendants in contracting the debt the plaintiffs ask judgment against each and all of them for the amount of their claim. Gould, in his answer, claims that he had authority to bind the company in the purchase, and alleges that he merely held the legal title to the it End Hotel, sub- Ject to an equital jen on bebalf of the company, ‘that tho legal title covered the real estate only, the personal property in the hotel. DECISIONS. SUPREME COURT—CHAMBERS. By Judge Lawrence. Kampon vs. Kampen.—Order granted referring back to referee. Hill vs. Baldwin.—I shall do nothing in this matter until the new bond is submitted. Memorandum. By Judge Barrett, The People, &c., vs. Charles Weston, alias Charies Werner; The People ys. William Thompson and an- other.—Opinions. By Judge Donohue. Hoffmann vs. Hoffmas,—Identity of the defendant not proven. * First National Bank of Morristown vs. Tallmadge.— Motion denied without costs. Gibbons vs. Hall; James vs. Green; Allen vs. Gauch Colby ys. Amer; Hellner vs. Hellner; Matter of th Germania, &c.,'Works; Daly vs. Jacob; Matter of Cai man; Carpenter vs. Carpenter; Kidder vs. Sanchez; Lockwood vs. Chapin, and Martinez vs. Fernandez — Granted. Barker vs. Hoff; Perrin vs. Taylor.—Motions granted. Memorandum. Tytler vs. The Mayor, &c.; Reichert vs. The Accum. Trust Association. —Denied. Gormley vs. Long; Myers vs. O’Brien; Yelverton vs. The Mayor, &c.; Tone vs. The Mayor, &.; MoCahili vs, Donnel; Davies vs. The Mayor, é&c.—Dented. Memorandums, Biss vs. Shewan; Kip vs. O'Reilly; Amerman vs. Bartow; Smith vs. Reynolds.—Motions denied. McCahill vs. Donnell; Colegrove vs. The Mayor &c.— Motions denied, Memorandums, Morris vs. Dettit.—Must be referred to state facts. Goodrich vs. Goodric! ‘Whois the attorney? There 1s ono on tho summons and another on these papers. Gleistein vs. Lambert ; Tuthill ve. Omberson.—Memo- randums, Stivers vs. Stivers. —AmMirmed. Owens vs. Pickert.—Security rejected; papers re- turned to plaintiff's attorney. Memorandum. Buess vs. Koch.—Granted. Memorandum. Paulding,vs. Wills.—Memorandum. Bush vs. Schwartz; Roebling vs. Duncan; Matter of Templeton —Opinions. Chamberlin vs. Bissicks.—Signed. SUPERIOR COURT—SPECIAL TERM. By Judge Freedman. Tyng vs. Marsh ct al —Motion for further hearing de- sired and allowance of two per cent granted to defend- ants. Bertrand vs. Carl.—Motion granted with $10 costs. Mathews vs, Driscoll et al.—Motion denied with $10 costs. Regner vs. Regner.—Judgment set aside with $10 costs. Memorandum. ran et al. vs. Hanover Mutual Bank.—Motion donied with $10 costs. Goldberger vs. Levison.—Memorandom. Manuel do Costa Luna Viana vs. . Benjamin 4, Weinberg.—Motion to set aside execution denied with- out costs. Opinion. Matter of Howe et al. By J Refereo’s report confirmed, Bipham vs. Kelly,—Findings settled and filed. By Chief Justice Monell. Vermilye et el. vs. Dioesy.—Case settled and ordered on file. By Judge Curtis. Falk et al vs. Klein.—Complaint dismissed. Opinion. COMMON PLEAS—SPECIAL TEBM. By Judge Larremore. Matter of Siener.—Should have notice of this appli- cation. Ward vs. Norto —Motion denied, with costs, er. —Will counsel, ference ordered. Matter of Bemak, &c.—Ordered to file his account, ‘WoRs vs. McIntosb.—Application granted. Newfalhr vs. Newfalhr.—Application granted, Matter of Rhinelander.—Motion granted, Matter of Shundérs.—Motion granted. SUMMARY OF LAW CASES. Under a misapprehension that Mr. O’Conor was deads ‘as reported, the General Term of the Marine Court, held by Judges Joachimsen and Gross, adjourned as a mark of respect to the memory of the supposed de ceased advocate. Freeman D, Marcwaeld has brought a suit for $5,000 damages against the Oceanic Steamship Navigation Company for losses alleged to have been sustained at the wreck of the Atlantic in April, 1873. The trial of the case began yesterday before Judge Westbrook, hold- ing Supreme Court, Circuit. Judge Donohue, in a decision given yesterday, held that Mr, William Watts Sherman, of the firm ef Dun- can, Sherman & Co., in an examination in supplement- ary proceedings, was not obliged to answer questions as to the affairs of the company previous to their assign- ment. A suit was commenced Ps poin in the United States District Court, before Judge Blatchford, by the government against Henry Ruswell, late Assistant Pay: master in ¢) nited States Navy, and his sureties, Alexander H. Wallis and George Russell, on a bond of $5,000, to recover a balance of $4,138 13, claimed by the government on the final settlement of his accounts, From the testimony it appeared that the discrepancy had resulted from a clerical error or payments made by Russell in the course of his duty and which were not allowed by tbe Navy Department. There has been no charge made of criminality. The dispute as to the custody of Willie Templeton was supposed to have been definitely settled by the recent order of Judge Donohue directing that the child remain in the care of Colonel William C, Templeton, his ndfather. Application was, however, made on’ be- alf of Mrs. Ida Mand Hamilton, the mother, for a modification of the order, in respect to allowing him to remain with his grandfather. This Judge Donohue yesterday refused to do, and the probability is that this ‘will end all further proceedings in the matter. Miss Kate Bateman, the actress, has commenced a suit against Augustin Daly, of the Fifth Avenue The- atre, which promises a judicial adjudication of the question whether the drama “The New Leah” isa re- hash or reproduction of ‘‘Lean, the Forsaken.” She claims that this is the case, and having. as she alleges, hased tho latter drama, she insists that “The Now ’ js an infringement upon her property. There was to have been an argument in the matter yesterday, in Supreme Court, Chambers, betore Judge Donohue, upon an application for an injunction restraming the farther playing of ‘The New ih”? at the Fifth Ave- nue Theatre, but as Miss Clara Morris, who is cast for the title réle, is sick and the production of the play tponed on that account, ie argument was ad- ed till next Monday. COURT OF GENERAL SESSIONS. Before Recorder Hackett. AN ALLEGED HIGHWAY ROBBER ACQUITTED. The groater part of the session of this court yester- day was occupied in the trial of an alleged case of high- way robbery which ended inan acquittal. Thecom- plainant was Conrad Hansen, of No. 132 Third street, who stated that while he was passing along avenue 5 on election day he encountered a group of mon in front of No. 28; that one of them, named Henry Reickle, knocked him down, and another. whom he could not identify, bat believed to be the man then on trial, Bernard Isaacs, touk away his watch, A number of witnesses wore called and thoir evidence was very conflicting. Ex-Judge Curtis defended the prisoner, and, in summing up, made an address of unusual length, which evidently had great effect with the jury, {ter deliberating an hour, they returned a verdict ‘Not guilty.’” STEALING COPPER PLATES, A boy named Frank House pleaded guilty to stealing ‘a number of copper plates from John Everdell’s Sons and was sent to the Catholic Protectory, WASHINGTON PLACE POLICE COURT. Before Judge Kilbreth, STEALING SOAP. William Mowatt was arraigned yosterday for stealing a box of soap from George H. Cannon, No, 278 Tonth avenue, The accused was held in $300 to answer, THE LIQUOR DEALERS, Fifteen persons wero arraigned yesterday for viola, tion of the Sunday Liquor law, Each gave $100 bail to answer. jour SNATCHING A POCKETBOOK. As Mrs, Martha ©, T. Hill, a resident of Connecticut, was walking down Eighth avenue yesterday John Kelch, alias “Punch” Kelch, snatched her pocketbook, containing $12, from her hand and ranaway. Officer Murch, of the Twentie recinct, witnessed the theft and gave chase, | of Greenwich, Conn. arresting Kelch, | In the afternoon he pleaded guilty, and was fully com mitted to answer, % wai " ESSEX MARKET POLICE COURT. Before Judge Otterbourg. SHOT AT A WEDDING. The usual festivities attending a wedding were seri- ously cut short on Sunday evening at No. 171 At- torney street. A couple of young people had joined their hands in holy matrimony and soon after a pistol shot in the room startled every boay. It was then ascertained that ono of the guests, Reinhardt Oel- mann, of No. 172 Attorney street, in the excitement of the moment had drawn a revolver and jokingly said he would give the bride a salute, The revolver went off and a ball lodged in the shoulders ot Joseph Wiskoal, of No, 171 Attorney streot, causing apainfui wound, Oel- mann was arrested and held by Judge Utterbourg yes- terday to await the result of Wiskoal’s wounds. Inthe afternoon a certificate by a police surgeon was handed to Justice Otterbourg showing that the wound was not dangerous, STABBING AFFRAY. Joseph Morris, of No. 13 Forsyth street, a bootblack, stabbed Christian Alls, on Sunday evening, during a quarrel in Forsyth street, Alls yesterday was sent to the House of Detention as witness, while Morris, who pleaded guilty, was held for trial, ” GRAND LARCENY, Joseph Wenzel and Gustave Burgh, of No, 528 Fifth street, were held in $1,000 each for trial for stealing money and jewelry, valued at $45, from Henrietta Reetz, ot No. 535 Sixth street, AN OLD SHOOTING AFFRAY. On tho 12th of July Otto Hoffman, of No. 140 Essex street, was shot in the eyo by John Hecht. The latter made his escape at the time, and Hoffman was confined to the hospital for some weeks. Yesterday Hoffman recognized Hecht walking through the streets of the Tenth ward, and called Officer hill, who arrest. Judge Otterbourg committed him for tion. FIFTY-SEVENTH STREET COURT. Before Judge Duffy. HEAVY SNEAK THIEF ROBBEBY. Two sneak thieves obtained access to “the residenco of Sydney Dillon, No. 5 West Thirty-seventh strect, yesterday morning, by inquiring for some person who, they said, lived in the house. They stole $234 worth ot silverware and were in the act of leaving wnen dis- covered by members of the family, An alarm was raised, which attracted the attention of a mounted officer, who arrested one of the thieves, who gave his name as Theodore Kelly. The other escaped with most of the property, only $80 worth having been found in Kelly’s possession. He was held for trial without bail. The other thief is too well known to permit of his escape. : POLICE COURT NOTES. At the Tombs Police Court yesterday, before Justice Flammer, Matthew Ryan, of No. 51 Cherry street, a laborer, was held to answer, on complaint of Michael Ryan, on a charge of stealing, from the person of the latter, a silver watch, of the value of $22, ‘The property was recovered. Mary Miller and Fanny Grant were both held to answer at the Tombs yesterday on a charge of robbing an old man, named’ Benjamin Kupper, of No. 47 Barclay street, of $120. The alleged robbery occurred in a saloon in Cnatham street, where the complainant and the prisoners had been drinking together. Sergeant Haggerty, of the Sixth precinct, yesterday arrested, in Baxter street, John Corrigan and Ja Devlin. The last named person had in his possession box ot gimp, for which he could give no satisfactory account. Both were locked up in the station house to await an owner, COURT CALENDAR—THIS DAY. Surremx Court—Cuaansrs—Held by Judge Dono- hue.—Nos. 35, 38, 51, 59, 96, 97, 104, 115, 116, 119, 121, 122, 125,'126, 136, 137,’ 146, 198, 219, 2291 230, 237, 238, 249, 256, 262," 263, '264, 268, 271, 273, 274. Sturrewe Court—Circurt—Part 2.—Held by Judge Westbrook—Same calendar as was published yester- y- Court or GrNkRAL Sxssions—Held by Recorder Hackett.—Tbe People vs. Thomas Mosley and James Thompson, burglary; Same ys. Andrew Smith and James Maddegan, burglary; Same vs. Alexander Wells, Mortimer Grady and John knoet, Ddurglary; Same vs. William Daly and Martin Brennan, mayhem; Same vs. George Steiner, felonious assault and battery; Same vs. William Burnett, felonious assault and battery; Samo vs. William Harrison, mayhem; Same vs. Patrick Gleason and Patrick Sullivan, grand larceny; Same vs. John Hill, grand larceny; Same vs. Ernest Bernard, grand larceny; Same vs. John Tadmella, grand larceny; Same vs, John Shannzhan and John Sullivan, grand larceny ; Same vs. Lizzie Dunn, grand larceny; Same vs. William F, Ogden, grand larceny; Same vs, Mary Arn Foley, grand larceny; Same vs. ‘Thomas McCor- mack, grand larceny; Same vs. Charles Allen, forgery; Same'vs. John Quinn, violating election laws; Same ys. Nathan Moulton, violating election laws; Same ve. Matthew O’Brien, violati election laws Patrick Crowley, violating election laws. COURT OF APPEALS. Anant, Nov. 29, 1875 No. 60. Philip H. Justice, appelfant, vs. William B, Lang et al., respondent. —Argued by Samuel Hand, of counsel for appellant, and by Oscar Smedbery for re- spondent, No. 61. Charles 0. Berlander et al., respondents, vs, Caspar Spiess et al., appellants. —Argued by Stephen H. Olin, of counsel for appellants, aud by Henry D. Bea- man for respondents. No. 63, Henry McGrath, appellant, vs. The New York Central and Hudson River Railroad Company, respond- ents.—Argued by AmasaJ. Parker, of counsel for appel- lants, and by Samuel Hand for respondents, still on. is the day calendar for Tuesday, No- 8. 65, 1634, 33, 10, 62, 30, 593¢, 67. The following vember 30: THE BLACKWELL'S ISLAND MURDER. Coroner Woltman empanelled a jury yesterday at No, 312 East Thirty-fourth street, in the case of the death of Matthew Creery, the gatekeeper on Blackwell's Island, who was murdered on last Friday. The body of the deceased was removed to the residence of his son on Thirty-fourth street, and the funeral will take place to-day. The Coroner, after the jury had viewed the body, adjourned the inquest to this afternoon, A POLICE OUTRAGE. Officer James Reilly, of the Fourteenth precinct, arrested Catharine Bell in Spring street Sunday night asadisorderly person, It appears that she was going through that street and was insulted by several loafers. Unfortunately she ig ee to them, and the officer arrested her merel; sho had drawn around her a crowd oy repelling their insults, At the Tombs Police Court the officer swore enough against her to warrant the Judge in holding her in $500 to keep the peace for six months and to nd committed until that amount of bail was furnished. Judge Flammer was subsequently informed of the woman's respecta- bility and unjust arrest, and her discharge from cus- tody was ordered. MARRIAGES AND DEATHS, MARRIED. CrLaRK—Besseuu.—On the 16th of November, 1874, 0. Rexo Crank, of Obio, to Sener Bussmut, of No York city. GoytaerR—Vayx VALKeNavncn.—On Wednesday, No- vember 24, at the residence of the bride's father, by Rev. George Zabriskie Gray, of Bergen Point, Cranes B. Guxrner to Hxnaretra Van VaLKesnunon, both of this city. ;con—HvstKo.—-Thursday, November 18, 1875, at residence of the bri mother, Mra, A. W, Husted, Greenwich, Conn., by the Ri Charles R, Treat, T. F. Secon, of New York, to Saran M. Hustxp, No cards. Wetigs—ALvorp.—On Thursday, November 25, at the residence of the bride’s parents, Freprrick R. Wetes, of Brooklyn, to Mary, daughter of Samuel Alford, Jt., of Perkinsville, Vt. No cards, Younc—Harnis.—On Wednesday, November 24, by Rev. J. B. Merwin, D. D.. Gronar Mawnny Youre to Mary Anes Harnts, both of the city of New York, DIED. Axpensox.—On Monday, November 29, of bronchitis, Joun Hexry, infant son of William J. and Minnie J. Anderson, Funeral on Wednesday, December 1, at two o'clock P. M., from tho residence of his parents, 249 Harrison bess Brooklyn. Friends of the family are invited to attend. Anrcnen,—On tho 27th inst,, Fuorexce May, youngest child of Washington and Margaret E. Archer, Funeral services at twelve M. this day, from 256 West Twelfth street, Remains taken to Woodlawn. Bauwe.—On Monday morning, November 29, 1875, at the residence of her son-in-law, in Morrisania, Mrs, Hanyan E. Barry, aged 62 years. Relatives and {riends are respectfully Invited to at- tend her funeral, from the Methodist Episcopal church, at Golden's Bridge, on Wednesday, December 1, at twelve o'clock. Remains will be taken to Somers, N. Y., for interment. 10:05 A. M. train, Grand Central depot, hancnt.—In Boston, on November 25 Lxtaxp Bacn, aged 42 The remains were interred in Greenwood Cemetery. Bootm.—In Kingston, Ulster county, on the 26th inst., ANN, wife of Thomas Booth And daughter of the late John’ Kearney, of Saugerties, N. Y., in the 55th oar of her age. ¥ Dusten-—A3 Hastings-on-Mudson, Monday, Novem- ber 29, Betsy Axx, wile of Isaac Breese, Funeral service to be held at the Reformed church, Wednesday, Decomber 1, at one P.M. Relatives and friends are respectfully invited to attend without fury ther notice. i8.—At Fordham, N. Y., November 28, 1875, ‘LizaneTi Bricas, daughter of Alfred Anderson, of Youkers, N. Y., inher 45th year, ‘The funeral will take place. trom the Reformed church, at Fordham, Wednesday, December 1, 1875, at two o'clock. Casey,—At Fort Larned, Kan., November 26, 1875, ApeLia THorNtoN, wite of Captain James 8. Casey, United States Army, and daughter of the late General W. A. Thornton, United States Army. Covpiweton,—-On Sunday, 28th inst, Mantas A, eldest daughter of Thomas B- and Almira H. Codding» ton. The funeral services wili be at Trinit han ap this (Tuesday) morning, at eleven o'clock. Friends of the family are invited to attend without further notice. Cote.—At Scotch Plains, N. J., on Saturday, Novem. ber 27, of consumption, ANDREW Suitu Cove, in th 49th year of his age. The relatives und friends of the family are respect- fully invited to attend the funeral, from the Scotch Plains Methodist Episcopal church, this (Tuesday> morning, at half-past ten o’ch Coukmax —On Monday, 20th inst, at his father’s: residence, 370 Lexington avenue, Fraxxie J., aged 3 »years and 6 months, eldest son of Frank J. and Kate S, Coleman. CoGLey.—On Wednesday, November 20, Perer, infant son of Ellen aud Peter Cogley, aged 2 years, 2 months and 7 days, The friends of the family aro respectfully invited to attend the funeral, from the residence of his parents, 317 East Twenty ninth street, on Tuesday, the 30th inst., at eleven o'clock A. M, Curtis —ManiA Louisa, wife of James F. Curtis. Notice of funeral to-morrow. Day.—In Brooklyn, November 29, 1875, Sanam Day, aged 81 years, mother of the late Hon. T. C. Day, af Cincinnati. Services will take place at the residence of her son- in-law, J. Johnson, Jr., 125 Elliott place, on Tuesday, November 30, at one o'clock P. M. Remains will be taken to Cincinnati, De Wirt.—At Savannah, Ga., on Monday, November 15, of pneumoma, Li ‘Wirt (of the firm of De Witt, Morgan & Cot); also, at same place, on Sunday, Novem: ber 21, of pneumonia, Mary Jane, relict of Levi De Witt and daughter of Sarah and the late William Philp, of New York city. Epsaui.—At Passaic, N, J., Sunday, November 28, 1875, Euizaneta Axx, widow of Daniel Edsall. Relatives and friends of the family are respectfully invited vo attend the funeral on Wednesday, Decembet ; at two o'clock, from the First Reformed church, fassaic, N. J. Fox.—At No. 509 West Thirty-fourth street, on the 28th inst., of consumption, at 10 A. M., Joux Fox, in the 324 year of his age. Relatives and friends of the family and members of Copestone Lodge, 641, and Corinthian Lodge, 488, F. and A. M. are invited to attend the funeral at the Masonte Temple, Twenty-third strect and Sixth avenue, om Wednesday, December 1, at half-past one o'clock. ‘The remans will be interred in Greenwood Cemetery. FRREMAN.—Ov Sunday, November 28, JRAN 8, Frere MAN, wife of Samuel E. Freeman, and daughter of Robert and Jean Herring, in her 21st year. Relatives and friends, also members of Boerum street Baptist church, are respectfully invited to attend the funeral, from her late residence, 1,153 Fulton street, near Franklin avenue, Brooklyn, on Thursday, Decem: ber 2, at two o'clock P. M. Frixxp,—On Monday evening, 20th inst., at the resi. dence of his son, Gus Friend, 244 East Sixty-first street, SeLiGMAN L. Frignp, in the 93d year of his age. Notice of funeral hereafter. Albany (N. Y.) papers please copy. Gares.—At Yonkers, on Sunday afternoon, Novem- ber 28, after a brief ikness, MaRTi#A, wife of Dr. A. W. Gates, in the 81st year of her age. The relatives and friends of the family are invited te attend the funeral, on Thursday, December 2, at three o'clock, irom the Reformed Dutch church, South Broadway, Yonkers. ‘Train at two o'clock frown Grand Central depot. HALteNwecK.—On Monday, November 29, at Canaan, N. Y., Fraxxiix, son of John J, Hallenbeck, aged 24 years. Relatives and friends of the family are invited to at- tend the funeral, from the residence of his parents, 176 Carlton avenue, Brooklyn, on Wednesday, December 1, at one o'clock P. M. Heixs,—On Monday, at half-past four o'clock P. M., Josurmixe C. Hers, eldest daughter of John J. Heins, No, 239 Centre street. Notice of funeral hereafter. Hertz.—On Monday, November 20, Enevora, thi beloved wife of Charles H. Hertz and daughter of the late David Marsh, aged 23 years and 11 months. Relatives and friends of the family and the members ot New York Lodge No. 1, of the Benevolent Protective Order of Elks, are respectfully invited to attend the funeral, from her late residence, No. 241 East Thirty- first street, on Wednesday, at two o'clock P. M. Hotnroox.—In this city, on November 17, after a long, painful illness of internal cancer, Cuarurs C. HoL- BROOK, formerly of Boston. Lawsox.—On Monday, November 29, ALx. Lawsoy, in the 61st year of his age. The relatives and friends of the family are most ro- spectfully invited to attend the funeral, from his lat residence, No. 352 Ninth street, Jersey City, om Wednesday, December 1, at nine o'clock precisely. Lex.—Suddenly, on Monday, November 29, Mart, the beloved wife ot John Lee, a native of Ardtrea, county Tyrono, Ireland, aged 42’years. The relatives and frionds of ite family are rospect- fully invited to attend the funeral, from her late rosi- dence, 445 West Thirty-second street, on Wednesday, December 1, at one P. M. Lipwax.—On Monday, the 28th inst, Danie L., som of Liberman and Betsy Libman, in the 3d year of hi age. Friends of the family are invited to attond the func- ral, on Wednesday, December 1, at ten A. M., from the residence of the parents, 142 East Fifty-seventh street. Lozinn.—At Leonia, N. J., on November 28, Mrs. Axw Lozier, aged 85 years. Funeral from the residence of Mr. E. G. Gismond, at ten o'clock A. M., and at one P. M. from the Methodist church, Rockland, N. J. Maxxst.—In Brooklyn, 230 Bergen street, suddenly, on Saturday night, of diphtheria, Inexs £. MaxNwI, aged 12 years, 1 month and 18 days. Charleston (8. C.) papers | aay copy. Mxpuix.—At Irvington, N. J., on Saturday, Novems ber 27, of diphtheria, in the 10th year of her age, Fuon- xxck Trewaive, oldest daughter of Dr, P. P. and Fane yanoral trons hurch, Irvington, Tuesday; ‘uneral from Trinity church, Irvin, ‘us the 30th inst., at two P. M. 5 “a Raleigh (N.'C.) papers piease copy. Merserkac.—On the 29th inst., Grace Lirtax, daughter of Isracl P. and Armenia J. Merscreau, aged & years, 5 months and 27 days. The relatives and friends of the family are respect fally invited to attend the funeral, from the residence of her parents, No. 321 West Thirty-second street, om Wednesday morning, at half-past ten o'clock. Micnagis.—Henmitacr Lopes, No, 165, I. 0. 0, F.— Brotugrs—You are requested to be at your lodge room at twelve o'clock, this Tuesday, for the purpose of pay- ing the last tribute of respect to our late brother, Séloe mon Michaels, P. G. By order of the N. G. C. NIGLUTSCH, Secretary. Dinico Lover, No. 30, F. axp A. M.—New Yor, Noy. 29, 1875.—Brotuxrs—You are hereby sam- moned to attend a special meeting of the members of the above lodge on Tuesday, the 30th inst., at twelve o'clock M., at their lodge rooms, No. 117 West Twonty- third street, to pay the last tribute of respect to our late brother Solomon pee 4 order MORAL, Master. M. E. Goopmarr, Secretary. McAnpur.—In Jersey City, November 28, of diph« theria, ExizaneTn McArpie, beloved daughter of Pat- rick and Mary McArdle, aged 4 years and 2 months, na- tives of Monaghan, county Monaghan, Ireland. Relatives and friends of the family are respectfully invited to attend the funeral, on Tuesday, November 30, at one o'clock P. M., from her parents’ residence, No. 341 Warren street, Jersey City. McCarvitt.—On Sunday, November 28, Hucu Mc- Carvitt, of county Monaghan, Ireland, in the 70th year of his age. The relatives and friends of the family, also the members of the Catholic Union of St. Mary’s of the Immaculate Conception, are respectfully invited to at- } tend the funeral, from his late residence, 39 Johnson on Brooklyn, EF. D., on Wednesday, at two o'clock Monroax.—On Saturday, November 27, 1875, SARan, wile of Thomas Morgan, and only daughter of Joseph Naul, in the 34th year of her ey The funeral will take place this coe ey at two o’ciock, from No. 81 Ralph avenue, ae McALrine.—On Sunday ee November 28, 1875, Jase, widow of the late James McAlpine, in the 90th year of hor age. The relatives and friends of tho family are invited to attend her funeral, without further notice, on Tuesday, 30th inst., at one P. M.. from the residence of her daughter Mrs. Wight, 171 South Eighth street, Brooklyn £.D. The remuns will be interred in Greenwood. McPoxaty.—On Wednesday, November 10, at No. 39 Hotweg, Ublenshorst, Hamburg (Germany), very sud- donly, Janz JeanxetrE, the beloved wife of James McDonald, Esq., Vice Consul for the United States Amorica, Hamburg. UnERMEIKR.—On Saturday, November 27, OpeRMEIER, aged 64 years. The relatives and friends of the family are respect. fully invited to attend the funoral on Tuesday, Novem- ber 30, at ten A. M., from nis late residence, No. 106 Lexington avenue. Prtticnew.—On Monday, November 29, Davin Wan. REN, son of David and Helen Pottigrew, aged 6 months and 24 days. Post.—On the 29th inst., at her late residence, No. 18 Wavorley place, Wistrnen, daughtor of the late Joel Post, in the 79th year of her age. Notice of funeral hereafter. Revsorps.—On Jersey City Heights, Monday, at six P.M., Wittiax Jonx, only child of W. D. and A J, Reynolds, aged 4 years, 6 months and 23 days. The relatives and friends of the family are fully invited to attend the funeral, from the residence ot his parents, William street, Jersey City Heights, on Monday, at ono P. M. Tayvton —On Sunday, November 28, at her residence, 343 East Sixteenth street, Exizapern, widow of the late William Taylor. Funeral services will take place at St. George's church on Wednesday, December 1, at eleven A. M, Frionds are respectfully invited to attend. Trenetr.—In Brooklyn, on Saturday, November 27) Dvupury R. TeRReTT, in the 64th year of hin age. Relatives and friends of the family are rospectfally invited to attond the funeral, at his late residence, No. 83 — place, at one o’clock P. M., Tuesday, the 30th, Tinrsox.—On Monday morning, November 29, 7 —— son of Thomas and Mary H. Timpson, aged months, Relatives and friends are respectfully invited to at- tend the funeral, from the residence of his parents, No, 237 West Forty-ninth sreet on Wednesday, December 1, 1875, at ball-past ten A. M. Vax BoxkeLey,—Entered into life, om Sunday, November 28, SrENOER ADRIAN, only son of Spencer i). ©. and Ann Matilda Van Bokkelen, aged 19 years, 4 months and 9 days. Funoral services at St. James’ church, corner of Lafayette avenue and St, James’ place, Brooklyn, or Wednesday, December 1, at tive o’ciock P, M. VAN ZANDT.—Suddenly, on Saturday, November 27, Tnkopors, son of Petor P. Van Zandt. Funeral’ services at his late residence, Plainfield, N. atten A. M., and at St, Mark’ rch, Now York, at’ haif-past one P, M., on Wednesday, December 1. Relatives and friends of the family are respectfully in- vited to attend. Viot.—At his late residence, 65 Kast Twelfth “ Lovis Viot, native of Baccarat, France, aged years. Funeral thig (Tuesday) morning, a! half-past nine o'clock, Isaac lay, res)