The New York Herald Newspaper, January 18, 1876, Page 7

THE COURTS. The Tweed One Mil- lion Suit. Motion to Summon Talesmen to Complete the Jury. UE ARGUMENT BEFORE JUDGE WESTBROOK. D.uglas Taylor and Qelonel Dunlap Still Bat- tling for Their Rights. The preliminary proceedings in the trial of the Tweed $1,000,000 suit were resumed yesterday before Judge Westbrook in the Supreme Court, Circuit. At the sitting of the Court Mr. Peckham, on behalf of the peaple, said he wished to make a motion for a writ directing the Coroner of the county to summon talesmen to fill up the two vacancies in the jury. Mr. Yockham, in support of his motion, said it was admitted by the other side that the Sheriff was an interested party. Mr, David Dudley Field—That 18 not so. Mr, Peckbam—Do you mean to say that the Sherif fs not a party to this suit? Mr, Freld—I do not mean to say anything until I see what affidavits you have to offer, Mr. Peckham—We will present an affidavit setting forth that the defendant (Tweed) has been aud still is in the custody of the Sheriff. He then went on to argue that it was a most com- mon thing for the Court to direct the sum- mooning of talesmen to fil the vacancies in a special jury. He cited in support of his argument a number ‘nglish decisions, Counsel went on to say that special juries were apart of the jury system and in Eng- lind were very common. Of course, it was quite pos- sible that the jury might not be filled from the twenty- four men selected, and to meet this, a very common diMculty, it has been the custom almost time out of d for the Court to direct talesmen to fill the vacancies, Counsel went on to say, commenting on (he statute previously examined, that none of these scatutes had been repe Mr. David Dudley Fiela said that the counsel on the other side bad intimated that ne had consulted counsel on this matter, He (Mr, Field) thought he had made a ca.stake. He was of the opinion there had been so far too much outside interference in this case, He intended ty have no suck interference, and he had no doubt that the Court and the counsel om the other sice could do ther duty without it He, at least, intended to do so without the aid of newspapers or any other influence. Oue of the papers, the Zribune, had asked where he got his fees from. He would gladly inform it if one of tho editors of that paper told him why be upon Mr, ‘Tweed ob a certain occasion and what he asked him for, and aiso if they wouid tell hin (Mr, Field) whether that paper was at present sustained by the bounty and indulgence of a gentleman whom for years it charged persistently and most grossly, and, he hoped, most falsely, with having robbed a corporation of vast sums of money. Now, here was a fair offer. If the Tribune -auswered him he would answer the Tribune. He was tiling, if counsel would meet him half way, to agree upon a'struck jury to try the $6,000,000 suit, which should be tried first. The same issues were involved iu that case ag in this, while in the present suit there ‘was nothing to be settled which wag not likewise in- volved in the first suit, He would stipulate, in case counsel should agree upon a fair and impartial jury, not to interpose any challenge to such a struck jury. This was a fair offer, which counsel might accept or not. Mr. Field then'went on to argue in opposition to Mr. Peckham that no such writ could issue. He cited a number of decisions bearing on the case, and in con- clusion contended that the jury could not be supple- mented, He thought that this put an end to the case. Alter recess Mr. Peckham referred to the provision of the statute of 1847 as one simply providing that any Court might order at any time an additional panel of thirty-six, which did not interfere with the revised statute providing for talesinen. He contended that the Legislature could not be charged with the absurdity of providing for a panel of twenty-four, and no provision inade for absence of some for Want of being summoned or from challenges or otherwise. That deficiency was plainly supplied in England by talesmen on application of either mde, Mr. Carter followed on the same side. He submitted that there would be interminable delay if anew jury avuld be. summoned whenever a full jury was not had trom the struck jury. Mr. Field intimated that that was just what he pre- dicted. . Mr. Carter said the other side would be delighted ecial jury system if they could bave inter- ays by siriking off enough from the twenty- four and eaying it a deadlock and they could not goon atall, But such resgomimg was not worthy of consideration. The 3 of England never intended such an iniquity, The plaintiffs were referred to no special statute of decision proving that they had come tv any such deadlock. Counsel further contended thut the tactics on behalf of the defendant were those fol- lowed in cases he cited going to some amendatory acts and finding incongruous pieces of leguslation which made it impossible to proceed against the plain intent ot the Legislature, The plain rule was that laid down by Judge Denio—In considering the parts of remedial systems occusional incongruities are of little account, ‘Lhe intention of the Legislature is to be carried out."” The original mode of filling op epecial juries was by talesmen, and that bad never been abrogated. Mr. Fieid, in replying, referred to the delay which lad been caused in the proceedings. The plaintiffs had been, after three weeks, discussing whether they could sammon @ special jury after having summoned a spe- cialene, But the trial need not be broken up if vy would have the special jury rule discharged and take a common jury. ‘The only order the Court could possi bly make would be to draw a certain number of names from the jury box and hi them summoned by the Sheriff; but if the Court came to the conclusion it had that was an end of it, rook announced that he would render his decision to-day, and the Court adjourned. COMMISSIONER OF JURORS. Mr. Oakey Hall appeared as counsel for Mr. Taylor, this being bis first appearance in court since his ‘‘vaca- tion,’? With the renewal of his legal labors he has re- newed the growth of his mustache. He was the samo eloquent advocate as of uid, and spoke with his wonted case, grace and flexibility. Upon the case being called ‘Mr. Hall commenced by stating the grounds of appeal, which are thas in 1864 the appellant was duly ap- pointed by the Supervisors and by the Judges of the Common Pleas and Superior Court, and that in 1873 he was deposed by the Mayor and Colonel Dunlap put in Lis place. Lt is contended that the Commissioner of Jurors 1s nota city office and that the ‘or bas not the power of removal, aud the constitationality of the «mended charter under which the removal was effected ng avert in ition, argued, fii that tho ‘Mr. Evarta, opposition, at tho act was a public one, and therefore the ro objection to iis inciuding two subjects was that it covered two local- tes, when, tn fact, the city and county of New York were in the same loeality; second, it was office, vealed since the act of 1846, and the entire control of it If it was not anew Aidermen and Commonalty had control soning of juries. Under the Revised Statutes each «ard was declared the same asa ry coe regulation of the salaries /acity ordinance. Im 1847 the county was made the sugeessor of the ward assessors, Thus Mr, * ssor of the ward officers, was a city . a the other hand, he was @ new officer, then osolutely under the control of the Legislature, Court took the papers. SUMMARY OF LAW CASES. Commissioner Shields yesterday held John Smith to ‘Sail in $500, charged with having unstamped cigars in ‘is possession, The motion for a change of venue of the Brookiyn g suits from New York to Brooklyn comes ap for argument before Judge ,Barrett, in Supreme Coart, Chambers, this morning. The trial of ex-Custom House Officer W. G. Mank, charged with having In his possession $1,500 in coun- <erfeit money, willcome up in Judge Benedict's court co-day. The examination of H. S, Rideau, captain of the schooner Darius Eddy, for cruelly treating his steward, “48 postponed until to-day by the United Statos Com- missioner, Alexander D. Babb, captain of the schooner Jessie Liizabeth, was brought up before United States Com- cnissioner Betts, yesterday, charged with having smug- led 6,000 cigars into this port, His examination was set down for to-day, Some time ago William Monroe and William Gardner were committed by Judge Flammer on a charge of piled fora writ of certiorari the cy .dence against the accused parties was not sufficient lor their committal, The Court reserved its decision. The bs Joose vs. Sykes s NEW YORK HERALD, TUESDAY, JANUARY 18, 1876. teat, and was onty fet om *Pnilip Rasoat, was, brosrht Up ip Razoni was brougl Benedict's court, charged with entries of imported thermometers. His Messrs. Purdy and Dittenboeter, demurred upon the ground that the charges against their client were not specific enough. Judge Benedict reserved his decision. Judge Johnson, in the United States Circult Court, de- cided that ail the accounts of Mr. Duncan, United States Shipping Commissioner, should be referred for exami- nation to Mr, Joseph Guttman. The Judge said that hereafter all accounts of the United States Shippi Commission must be fully made out by January 15, eac! year, and that the accounts must then be turned over ‘vo some one appointed by the Court for thorough venti- jon. Thomas Stuart, of the brig Neptune’s Car, Keen with attempting to take the life of the mate with large sheath knife, was brought up yesterday before Unitea States Commissioner Osborn. ‘Stuart said that ou December 24, 1875, thi mate, angered at something he had done, threw the captain’s dog at him, that he tried to retreat, but the mate pressed upon him and that he, unable to escape, drew the knife in self-de- fence and inflicted a wound upon the arm of the mate. ‘he case was adjourned until to-morrow. Quite a number of lawyers assembled together in the General Term room yesterday, pursuant toacall. They resolved themselves into a meeting, with Judge B. L. Fancher presiding, and Mr, William b. Barnes, Secre- tary. Having thus got rid of one resolution, the fol- lowing was offered Resolved, That as a mark of respect to the presiding jus- tee aud the nsoclate justices of tee General Term of the Supreme Court of the tirst department, and as an indication of our reverence for law, order and justice, we request the erter of this court, from the opening ‘of the General Term in January, of this centennial year (1878), te commence the practice recently adopted in ‘ourt’ of Appeals, of ouncing the daily entrance into the court room of the pre- siding Justice and his associates, and that the members of the Bar thereupon rise and remain standing until the pre- ‘siding justice and his associates are seated. After the above the gentlemen retired, There being no multitude in attendance no very great amount of enthusiasm was manifested. ‘Tne case of G. Alers vs, Captain Nichols came up be- fore United States Commissioner Osborn again yester- day. The particulars of the case have already been given in the Hxratp, Nichols is the captain of the brig Sib- ley, and Alers was during the last voyage his stew- ard, The later made an affidavit to the ef- fect that during the cruise the former beat him unmercifully, the blows causing a disease of the lungs. All the crew testified yesterday that this statement was false; that each of them geen Alers every day during the yoyage; that they had never heard him complain of ill treatment from the in, and thas they bad not seen nor heard of the Captain giving him a blow. Commissioner Osborn held the case over until Saturday next, when he said he would dnally dispose of it "Phos wstilon. in Jud; + gr ed judge DECISIONS. SUPREME By Judge Barrett. Taylor vs. Roche.—Motion granted and method of procedure must be determined upon the settlement of the order, which may be on two 8’ notice. Matter of McLean.—Report confirmed and order ranted, , Rogers vs. Wall,—The judgment creditor has a right to inquire into the bona fides of the ownership set up, and the question is proper and must be answered, Bechstein vs. Hirsch.—Motion granted. Memoran- dum. Leeds vs. Ransom.—Motion settled as proposed by plaintiff, Matter of Somerus.—Order granted. Derby vs. Derby.—Referred to John W. Lewis, to take proof as to the ability of the defendant to comply with the terms of the decree, and of report thereon with his opinion, on the coming in of such report the motion can be brought on two days’ notic: Moore vs. Seabury.—The $12 fee for he ing notice disallowed. There is no law for it, and Judge Gilbert’s decision was upon mortgage foreclosure and special de- cree. Here poandage is allowed to cover all services not specifically provided for in the statutes. The mile- ag allowed, as plaintiff does not show anything about it; attendance on adjournment disallowed for same reason as above. The charge for certificate of sale allowed, as a fair construction of the affidavit is that it covers ten folios. Printer’s fees allowed at $18 24; bill allowed less $15. Borneman vs. Fisher.—Motion to continue injanc- tion denied, and temporary injanction dissolved, with $10 costs, Matter of Madison avenue.—Report confirmed and order grante: Van Volkenburgh vs. Doolittle. —Opinion, Pentlarge ve, De Reesthal.—Motion denied, with $10 costs, to abide the event. Wood vs. Pratt,—Motion to vacate order of arrest de- nied, with $10-costs. Wood vs. Pratt.—Motion to strike out answer as sham donied with $10 costs. Decker vs. Brown,—Motion denied, with $10 costs. Memorandum. Kelly vs. Morange.—Motion dented, with $10 costs, and stay vacated. jemorandum. Uhl vs. Levinger.—Habb’s property is mainly !n Mexico and he cannot be said te have anything like $3,000 worth of property in this State; some of the others are not what I would like considering the shrink- age in value and the heavy bcpe de on everythin; ofered, but I think a fair residue of the testimony ot the four sureties shows that they have justified sub- stantially in $75,000, to that extent the undertaking is approved, but defendant must find another surety to Justify in’ $1,500, . By Judge Lawrence. Gill vs, Gnardian Savings Bank and Matter of the Guardian Savings Bank.—Refarence order to the Hon. Joseph 3. Bosworth. Memorandum for counsel. Matter of Quinn.—Motion to vacate assessment on petition and proofs granted. Matter of Maillard.—Referred to George V. W. Bald- win, Memorandum for counsel, SUPREME COURT—CIRCUIT—PaRT 3. By Judge Lawrence. Matual Bank vs. Griswold —Judgment for plaintiff. Memorandum of decision. SUPERIOR COURT—SPECIAL TERM. By Judge Monell. Bond vs. McNiff et al. —Case and amendments settled, Upon presentation of an engrossed or printed copy, with all the exhibit inserted, the case will be order: on file, By Judge Sedgwick. McCan et al. vs. Caray.—Demurrer sustained. Mem- orandum for counsel. Knott vs. Daly et al—Motion denied; $10 costs to abide event. Memorandum. Home Life Insurance Company vs. Mela et al— Findings settled. Opinion, Nickerson et al. vs. Ruger et al.—Motion denied, with $10 costs, to abide event. Rot ys. St. Nicholas Fire Lnsorance Company.— Memorandum. McMartrie et al. vs. Ortie et al.—Order settled. Weston et al. vs. Ketcham et al—Complaint dis- missed, with costs, ¢Opinion. Moore vs. Moore.—Opinion. By Judge Sandford, Coleman et al. vs. Crump —Memorandum. SUPREME COURT—SPECIAL TERM. By Judge Donohue. Perles vs. Perles.—Order granted. Platt ve, Carhardt,—Judgment for defendant on do- murrer. Opinion. Leeds, &c., vs, Ransom et al.—Order signed. COMMON PLEAS—-SPECIAL TERM. By Judge Joseph F. Daly. Bendit et al. va, Barker.—Apphication denied. Rofle vs, Phiffe.—One term tee only allowed, and one Dill of costs. Parker vs. Higenbotham.—Recciver appointed on terms; no injunction, Opinion. COURT OF GENERAL SESSIONS Before Judge Gildersleeve, MORE ABOUT THE FLORENCE CLUB. Judge Gildersieeve last week sentenced to State Prison for twenty years, ander conviction of highway robbery, a young man named Timothy O’Comnor, who belonged to an organization in the Eighteenth ward known as the Plerence Cla” ‘rehaasy Thomas Drennan, aged twenty-two, a member of the same or- ganization, was charged with having, on tho night of December $1, in company with two oth: assaulted and robbed David Guna, of No. 431 East Fit teenth street Drennan pl guilty to State Prison for seven years. was sent jeyer, @ gray haired was tried and convicted of ‘having broken nto the premises of Edward No. 833 East Ninth preety on the 6th inst, and len therefrom a bedstead $4, which he di of to @ second hand dealer named Patrick Sannon for $125. Five years in State Prison was the penalty imposed. A BATCH OF BOY CRIMINALS. Jobn FP. Mahon, of No. 364 West Fortieth street, and Robert A. Elliott, of No, 824 West Fortieth street, youths, were arraigned on the charge of having, on De- cember 24, im company with another lad who bas not yet been wered the house of Morris Kabn and carried off silverware and jeweiry valned at $271. They pleaded guilty and were sent to State Prison for fourteen montos. James O’Brien, aged sevonteen, of No. 52 Mott street, plended guilty to ing the pocket of Herman B. Ws Jr., of No. West Twenty-fifth street, of a peyton mp on the 7th of this month, He was sent to Prison for eighteen months, Joho Nineteen, of No, 113 Elizabeth ‘street, was sent to State Prison for two years for steal- ing fifty-five cents from the of Charles G. sia 289 West Tenth s on the 6th inst, Jobo Hal aged seventeen, of No. § Mott sti yas the inst., broke into the Nquor store Patrick Gough, No, 167 Muiberry etreot, and stole $7 worth of cigars and $18 40 in money, pleaded guilty and was sent to State Prison for two years. WASHINGTON PLACE POLICE COURT. Before Judge Kilbreth, THE RXCISE LAW, / {Captain Tynan, of the Sixteenth precinet, made & raid on Sunday upon all liquor dealers in the precinct who were selling liquor. The reeult was the arrest of twonty-five. They were locked ap over night in the ALLEGED LARCENY OF CLOTHING, Honry Young, of No. 366 West Thirty-sixth etreet, was held in $1,000 to answer for stealing $31 worth of clothing from William Stucrner, who resides in the same house. BURGLARY IN WEST STREET. On Sunday evening the premises No. 424 West street occupied oy yonn Killerlane a8 a liquor store, were burglariously entered and a few dollars and some liquor were stolen, As the burglars were escaping through the rear of the store they were seen by a pri- vate watchman, who raised an alarm. The thieves were pursued and arrested by Oilicers Mallan and Carey, of the Ninth precinct, On being taken to the station house they were recognized as old offenders. Their names are Simon Fitzsimmons, alias Ed. Carroll; Teddy Croasley, alias James Quade, and Michael Ga‘f. ney, alias Kerrigan. The latter had only just returned from a two years’ term in State Prison for a similar offence, The prisoners were held for examination, ALLEGED SHOPLIFTING, Mary Gray was held tor further evidence and exami- mation, charged with stealing $50 worth of laces from E. A. Morrison, No. 803 Broadway. he prisoner, ac- companied by an unknown man, asked to be shown some laces. Hermann King, an employé in the store, saw her secrote some lace under her sacque. The man escaped, but Mary was arrested, A DESPERATE NEGRO. Ambroise Keidimonti, colored, of No. 21 East Fourth ‘street, was charged with assaulting Jennie Jefferson, of No, 219 Wooster street, and Philip Romel, of No, 221 Thompson street, with aknife, It appears that the pone. had been living with Jennie, and claims to ave been married to ber. Going to see her Sunday afternoon he found Romel in the room. Becoming jealous he attempted to stab Jennie, Romel interfered, and received a slight cut in the hand and head. Reidi- monti then attacked Jennie, and cut her severely in the hand, arm and face. In court yesterday the prisoner iced held in $2,000 to answer—$1,000 on each com- plaint. POLICE COURT NOTES. Atthe Tonfbs Police Court yesterday John Colter and William Regan, sailors, were held for trial by Jus- tice Bixby on a charge of stealing forty-two gallonsiof syrup, valued at $26, the property of Apgar & Co., Na 73 Dey street. They were arrested by Officer Mulvey, of the Twenty-seventh precinct, while carrying ot the property. Bail $1,000 each, Henry Bishop, who'on Saturday was arraigned be- fore Justice Flammer on a charge of embezzling $20 from his employers, Leggett & Brothers, wholesale grocers, Front street, was subsequently discharged on motion of his counsel, Mr. Leo Schwab, who showed that the money alleged to have been embezzled bi Bishop was merely taken by him to reimburse himself for commissions due to him by the firm, ‘At the Exsex Market Police Court yesterday the re- turns were very light, there being not one serious case, Judge Otterbourg présided, Judge Kasmire being con- fined to his bed by a serious attack of diphtheria COURT CALENDARS—THIS DAY. Supreme Count—Cuamugns—Held by Judge Bar. rett.—Nos. 5, 12, 16, 17,24, 31, 6044 61, 62, 64, Call 89 to 150 inclusive. Surremk Couxt—Gryxras Term—Held by Judges Davis, Brady and Daniels —Nos, 194, 195, 196, 199, 200, 100, 117, 129, 172, 121, 156, 167, 201, 112, 138) 15, 157, 162) 168; 171. Svrrewx Covrt—Srrcia, Tsam—Held by Judgo Donohue,—Demurrer—No. 3, fact—Nos, 1663, 171, 208, 245, 247, 251, 255, 263, 269,270, ‘271, 0, 280, 285, 280,287, 286 28 294, 200, 296) 298, 300, 807, 308, crreme Covrt—Crrcuit—Part 1—Held by Judge Van Vorst.—Nos. 947, 974, 1237, 1161, 120i, 929, 61, 789, 718, 346, 1230, 2806, 351, 876, 441, 1783, 1721, 1208, 871, 1217, 1630, 2809. ' Part ’2—Held by Judge Westbrook. —No, Joo4, ‘Part 3—Held by Judgo Lawrence,—Nos. 1784, 6744, 2077, 927, 1816, 736, 2196, 2329, 120, 2248, 2275, 14, 2075, Sab, 214, 2274, 117136, 695, 699, 818, 583, 699, 1969, 2329, 106. Sursrior Court—Taiat Teum—Part 1—Held by Chief Justice Monell.—Nos, 1811, 1695, 1743, 879, 863, 741, 709, 509, 865, 761, 967, 867, 889, S31) 1479 Part 2 Held oy Judge Speir,—Nos. 1390, 642, 930, 966, 968, 928, 436, 1218, 862, 954, 684, 838, 720, 920, ¥50, 058, 718, 916, 1326. EA Saize ; Geinae senate Tenm—Heid by Judgo J. F. ly. —No. 9. Common Pieas—Triat Term—Part 1—Held by Judge Van Hoesen.—Nos. 573, 696, 1999, 1002, 890, 891, 892, 689, 182334, 1181, 2184, 2281, 1230, 1707, 350, 2317. ' Part 2—Held by Jidge Van Brunt.—Nos. ‘1302, 1413, 1415, 2178, 2174, 219, 1698, 1970, 1203, 728, 1103, 1698, 1157, 1249, 1438,'1439, 1440," 1441, 1442, 1443, "1444," 1445," 140, 1447, 1448. Manine Court—TriaL Txru—Part 1—Held by Chief Justice Shea, —Nos. 3906, 5923, 5924, S419, 8536, 1214, 6414, 3733. 3604, 3625, 6266, 8707, 8731, 3736, 2212.’ Part 2—Heid by Judge McAdam. —Nos, 6359, 6304, 5861, 4775, 4789, 2532, 4163, 3516, 3723, 6965, 6214, 6407,’ 6416, 6456, 8267. vere is- Halt oy ee Sheridan.—Nos, 5548, 5543, 6216, 6179, 6421, 6505, 6436, 3399, 3400, 5785, 5084) 092, 5018, 5593, 160, : ers COURT OF GENERAL Sxssions—Held by Judge Gilder- sleeve.—The People vs. John McMahon, robbery; Same vs, Jobn Moloney, burglary; Same vs. Joseph Cornell and John McAlsur; burglary; Same vs. Edward Barrett and John Hunter, burglary; Same vs. Thom: Ryan, burglary; Samevs. Frederick Braun, burglary; Same vs. James Ryan, grand larceny; Samo vs. Henri: etta Mean, grand larceny; Same vs. Frank Hess, grand larceny ; Same vs Joseph Townsend, grand larceny ; | Same vs. John McPaull, grand ery Same vs. Sames K. Boyle, grand larceny; Same vs. Mary Duffy, grand larceny; Same vs. Henry’ M. Engan, grand lar- ceny; Same'ys. Jobn Williamson, grand larceny ; Samo vs. Poter Soden, grand larceny; Same vs. Bethol Reeso and Isaac Gluck, grand larceny; Same vs. Jacob Bauer, oe larceny ; ‘Same vs. Mary Mayer, grand larceny; ‘ame vs, Roganna Boyne, petit larceny e va, Rich: ard Spencer, petit larceny; Samo vs.” James Cullen, false pretences; Same vs. William McElwain, larceny; Same vs, William H. Seaman, petit larceny; Same va John Smith and James Higgins, petit larceny; Same vs. Thomas McGarry, petit larceny; Same vs. Jacob Phillips and Thotnas Stacy, petit’ larceny; Same vs. Tuomas McCaffrey, petit larceny. NORTHERN PACIFIC RAILROAD. The suit of Elnathan Sweet agatnst the Northern Pacific Railroad Company and Aurelius Morrison et al, came up in the Supreme Court, Kings County, yesterday, before Judge Gilbert, on a motion of counsel for defendants tor an order appointing a Commissioner to take testimony in Minnesota, The action is to recover a large amount of money for work done in grading the Northern Yacific Railroad. The plaintiff claims that the engineer, in estimating the labor Lecce anderestimated to the amount of 200,000 yards, and this, he all was done through fraud and collusion with the defendant, The Judge took the papers and reserved his decision, COURT OF APPEALS. ALBANY, Jan. 17, 1870. In the Court of Appeals ‘to-day the following bus!- hess was transacted :— No. 91 Maria Louisa Clark, respondent, vs. The New York Life Insurance and Trust Company et al, appellants —Argued by Lyman Tremain, of counsel for appellants, and by William A. Beach for respond- e DL No. 87. on A. Pesant, appellant, vs. John Ga cia, impleaded, &c., respondent.—Argued by N. C. counsel for appellant, and by B. E. Valentine Moak, for réspondent. Shiffer, appellant, vs. Thomas Charies Jon of = 127. —— imi A Prudin, respondent —Argu coansel ogg go and by J. haget for respondent. No. 128. The Caynga Lake Railroad Company vs. “George A. Kyle, appellant —Submitted. No, 129. cei L. M. Barlow, et al, respondents, va Maria J. Myers, appellant.—Argued by D. Pratt, of counsel for appellant, and by James Larocque for ro- spondent Proclamation made and Court adjourned. CALENDAR. ALBANY, Jan, 17, 1876. The following ts the day calendar of the Court of Ap- peals for Tuesday, January 18:—Nos. 130, 350, 20, 133, 139, 140, 141, 143. SUPREME COURT CALENDAR. Axpany, Jan. 17, 1876. The following is_the calendar of the Supreme Court, General Term, for ie ray 2 ra 14, i + i* 120, 122, 125, 129, 135, 136, 139, 47, 148, 150, 162, 164, 98, 32, 48, 80"and 68. sgn ar dig THE PORT WARDENS. The Board of Port Wardens yesterday sent its annual report to the State Comptroller. The receipts and ex- penditures of the Board for the year ending December 1, 1875, were:— Ezpen Re ts. diturcs. January...... $3,007 41 $335 94 2,680°24 503 45 4,726 86 682 00 6,187 06 356 04 301 511 88 4,895 62 486 51 4,066 07 310 73 ‘2,701 62 430 4 2,790 15 213 3 21487 14 339 02 2,704 49 463 85 3,029 42 824 20 Total... sceceee eee $42,716 76 $5,008 11 THE KNIGHT INQUEST. The inquest on the body of Mary Knight, who was killed by being pushed down the cellar steps of No. 345 Water street by her husband, on the evening of the 10th inst., when she fell against a glass door which cut her throat, was held yesterday at the Fourth precinct station house by Coroner Woltman, The testimony given by the several witnesses of the affair coincide with the account published in the Heratp, and the jury rendered a verdict “that ce- ceased came to ber death from hemorrbage from in- cised wound of the th: the result of an accidental fall into the basement of hoase No. 345 Water street, while bein ‘yep A Lage husband, John Knight, Jan- tl 10, 1876," prisoner was remanded to the Foadte bo ewele the-cetion of the Granadery, HELP FOR THE SICK. According to a posolution adopted by the Commis- sioners of Charities and Correction yesterday Super- intendent of the Outdoor Poor Kellock will address s letter to the former district physicians, he ong | them to offer their services gratuitously in visiting an: ara sick poor of their districts through. out the city, | | objec: | wo bim bere 1s that some years ago he attended a “Lib- SECTARIAN LEGISLATION. THE METHODIST MINISTERS DIVIDED IN OPIN- ION—THE MATTER NOT THOROUGHLY PROBED— ANOTHER CHANCE FOR THE COMMITTEE. A few weeks ago, after more or less discussion on the topics indicated, the Methodist Ministers’ Associa- tion appointed a committee to consider the several matters carefully and to report to the meeting for such action as might be proper for that body to take, Three distinct acts of legislation were before that committee, namély:—The Gray Nun act, the Randall's Island School and the proposition of the Catholic priest- hood of this city to place their schools and children under the jurisdiction of the Board of Edu- action, subject to certain conditions. Yesterday, therefore, the committee, through its chairman, Dr, Wheatley, on whom has devolved most, if not all, the clerical and other labor, presented a report. The first matier considered is THR GRAY NUN Act. But the zommittee, as it appeared by the subsequent dis- cussion, did not go deep enough into this. They touched enly the amendment to the act passed last year, but did vot go back to the act itself, which was passed in 1871, and which gave the Gray Nuns the right to found their schools anywhere on the soil of this State and left them without limit as to the amount of property they may hold. It gave them the right also to sell their property in any place and to pay the proceeds to the bishop of the diocese, This clause was, however, modified by subsequent legislation, so that the proceeds of such sale of property revert to the corporation. The subject matter, as involved in the amendment of 1875 to this act, had been previously con- sidered by the preachers’ meeting, and a committee ‘was appointed to go to Aloany and press the repeal of the act of the present Legislature, According to Governor Tilden’s late Message this act has been nullified by more recent legislation, so that it is now harmiess, and the question came before the commitiee—Why touch this at all if it be a dead letter? Batas Dr, Wheatiey and Dr. Crooks explained it is still on the statute books of the State, not dead but sleeping; and at some more favorable opportunity itcan be resuscitated, Besides, so long as it remains there the Gray Nuns can go on just as if it nad not been modified or nullified atali, and some day the courts will be called upon to adjudge its constitutionality. The committee express thanks to Senator Woodin and As- semblyman Campbell for their vigorous action looking toward the repeal of this insidious and unpatriotic enactment, THE RANDALL'S ISLAND SCHOOL, Tho legislation (act of April 24, 1875) by which the school (No, 6) on Randall’s Island—ono of the best in the county, according to this report—has been depleted and left with only 100 crippled, idiotic or diseased children to be cared for, was next considered. It is al- leged that it was not ‘the intention of the framers of this act to apply it to the county of New York. It was designed to remedy certain grave abuses in the major- ity of county poor houses, to which “vagrant, truant or disorderly children’? were sent, and where they were often associated, under one roof, with diseased, Vicious and tgnorant adults, There, surrounded by vile and corrupting influences, they grew up into pauper and sioners of Charities of this county did not understand that the law was applicable here until they received the legal opinion of the Corporation Counsel. Then they took measures to carry it into effect by first notifying relatives, guardians and friends of the children on Ran- dall’s Island to claim and remove them before January 1, 1876. The first and most obvious effect of the law has been the great personal afliction of widows and poor par- ents Who proviously enjoyed the privilege of sending their children to the nursery om Randall's Island, at a cost to themselves of $5 per month. Elsewhere they ire obliged to pay about $10 per month, and at that sum find itextremely difficult, if not impossible, to take satisiactory arrangements for their helpless off- spring On the unconstitutionality of the law the report is very clear and explicit. 1t quotes from article 1, sec- tion 3, and article 8, section 10, of the State constitu- tion, to show that this law violates the spirit and Jetter of that instrument It also shows that the last clause of section 2, article 8, referred to, neutralizes and stul- tifles the first, But, nevertheless, the law under con- sideration is unconstitutional, because it clearly dis- criminates in favor of and prefers those denominations which have charitabie of reformatory institutions to those which have not. As the law now stands tho effect of its operation is to increase the revenues and political power of the Roman Catholic Church. The whole of education, criminal reform and charitable beneficence should be under the exclusive jurisdiction of the State in all cases where it supplies the pecuniary means to give effect to the several systems connected with them. Not until uncquivocal constitutional pro- Visions and concordant legislative enactments prohibit | any preference of one ecclesiastical body over another will the grievances under which Church and State now groan altogether cease. The Roman Catholic propositions to the Board of Education relative to the Papal parochial schools is the third matter referred to this committee. The report goes very fully over the ground and previous discussion of this specific cause of complaint. The final conclusions of the committee are embodied in the following RESOLUTIONS; 1, That the law of May 15, 1875, commonly known as the “Gray Nuns act,” is @ useless and unnecessary enactment; and that h,and for the reasons that it is invidious, illegal and misctiievous, it ought to be immediately abco- 4 that we respectfully request the Legislature of of New York to repeal it during the preseut ses- soon as they may Sind it practicable. 2. That the provisions of the constitution of the State of Now York, and ail enactments of the Legislature of the State of New York, relative to the public schools and to charitable or reforinatory institutions sustained by public moneys or by funds derived from taxation, should expressly jesiastical interference aritable or reforma- ation by the St unty, city, town or villace, to the aid of an; stitution or of any private undertaking, in any way, shape n amendment to the constitation of the the ground of demonstrated necessit; desirable. € Legisiature of the State of New York be re- spectfuily petitioned to so modit nactment of April 24, 1875, as to ro-establish the Children's Nursery on Randall's Island, under conditions that will insure greater efficiency, ‘and to'provide against the evils of indiscriminately herding children and adults in the county poorhonses, in such man- ner as will not conttict with the spirit and intent of the lat constitutional amendment prohibiting sectarian appropria- tions. Un the passage of these resolutions separately, the first one blocked ail the rest, and as the discussion was likely to be protracted, the entire matter was recom- mitied to the committee, enlarged by the addition of Dr. Crooks. They are to report next Monday again, OPEN VERSUS CLOSE COMMUNION. The Baptist Pastors’ Conference had yesterday one of the largest and liveliest meetings they bave had for a long time. It wiil be remembered, perhaps, that Dr. Jeffrey, of Brooklyn, had been invited to read a paper before the Conference; but between the date of this invitation and the time for the presentation of his paper Dr. Jeffrey had become a contributor, if not chief editor, of the open communion paper published in this city. This was more than the Conference could stand, and a couple of weeks ago the brethren very gravely resolved to withdraw their invitation to the Doctor. . But last week Dr. Armitage and some others, fearing for the good name of their de- nomination in New York and elsewhere if such action should stand, had the matter reopened, and it was ro- ferred to a committe to consider and report thereon, That committee therefore reported yesterday as fol. lows:— Y commit the Conference to any views and mm , be held or advocated by the reading of re, the paper begat perishes oat ene ps re the meeting of January 4 be assigned for that purpose. After some discussion on unimportant verbal changes this preamble and resolution was adopted unanimously. - But the Conference was not qutte satisfied with itself yet. This action looked so tike stul- tification that something more, and more explicit, was necessary; and this Dr. Armitage supplied in the form of resolutions reciting thas the objects of this Baptist Pastors’ Conterence are the edification of its members and the promotion of union of @ common aim and action, But “aim and action” were not considered ox- plicit enough, amd they were defined to refer to re- tricted communion, A further preamble declared that apy recognition of unimmerscd believers as rightful communicants at the table of the Lord cannot be sus tained by, but is contrary to and in violation of, the New Testament order. This preamble was accompa- nied with the following :— } Resolved, That this Conference insists that Gospel bap- | tint ts & for . and diseards Dr. Bright wanted the Conference to vote directly on this resolution, but the brethren, made more cautious by experiences, refused to do 60, but took a week w ponder and meditate opon it Mr. MacArthur, who seems to have stepped into Dr. Fulton’s shoes as THR CHAMPION OF CLOSE COMMUNION made a fiery address, in which he substantially Invited | all bis brethren who were tainted with even a susp | caste, Gesins}, Siler and personas tore | nation, was particularly tow. ard Dr, Jeffrey for his friendliness toward the here. tice Dr. Galasha Anderson and Dr. J. B if Brooklyn, felt themselves called upon not vo defend open or close commanion, bat to repel the personal at- tack and inginvations a4 cae a Dr. Jeffrey defended himseif against the personal at- tack of Mr. MacArthur. The great ground of on eral’ Baptist Conference tn Chicago his estimable brother, MacArthur, who at that time sailed in the game boat But Mr. MacArthur has since gone to the other extreme, and is now bitter union. Dr, fet himself tn por action in company with every mem! Dr. who ly. Dr. whe semed to the anxious seat (or a while. re- hearing of this Pe by the Conference does | sponded that he thonght his treatment was perteetty Christian and proper; that he always aimed to have it 0 in the sight of God and men, and that ifit were other- wise no man regrotted 1% more than he The Confor- euce will have this matter ia part before it next week. MARRIAGES AND DEATHS, —-—___ ENGAGED. fonat—Brorier.—Oe Monday, Jani Morat to Bartiva Beurier, both of cards. MARRIED Mosrsverps—Murens.—On Monday, January 17, 1876, at the residence of the bride, No. 354 West st, by the Rev. Father Kai § rick’s Cath. edral, Wittiam Mowrevsrps to Many E. Meyers, both of this city, formerly of Newtown, Long Island. Rossxur—Moeray.—On Wednesday, January 12, at nis, by Rev, J. M. Viota, daughter of Andrew Murray, to Wit VSSELL, both of this city. xR—Whixnke,—On Sunday, January 16, Loris Smmunk to Amucia, daughter of Robert Weinberg. No. cards, Tartorn—Frrocsox,—On Wednosday, the 22th inst., by Rev. E. T. Hiscox, D.D., at Mount’ Vernon, N. Y., Fran« R. Tavior to Jenwim P. Ferausox, both of the above village. DIED. ANDERSON.—The remains of Ur. Henry James AN- DERSON ‘arrived in this city on Saturday, the 16th inst, ‘The remains will lie in St. Gabriel's church, Thirty- seventh street, between First and pond avenues, until Tuesday morning. They will be taken thence on Tuesday morning, at half-past nine o'clock, to St Patrick's Cathedral, where, at ten o’clock, a solemn requiem mass will be offered for the r of his soul. Relatives and friends and the societies of which the deceased was a member are invited to attend at the Cathedral. The members of the Society of St. Vincent de Paul and of the Council and Parochial Committees of the Catholic Union are requested to be —On Sunday, January 16, at the residence of her daughter, No. 243° East 40th st, Mrs. Sanau R. Bxacn, in the 86th year of her age. Funeral services ‘at haif-past one, on Tuesday, 18th inst,, at the First Presbyterian church at Rahway, Bexsamin.—January 17, 1876, Josrpa Bexsamix, a native of London, in the 88th year of his age. Funeral at 50 West 9tb st, at tem o'clock, Wednesday morning, January 19, 1876. ' Relatives and friends are respectfully invited to attend, Bugakik,—At East Orange, N. J., on Monday, 17th inst, of consumption, MARGARKT, daughter of the Re late Robert H. and Jane Bloakie, Notice of funeral hereafter. Bock.—On Sunday, January 16, Grorax ©. Bock, in his 40th year. Rolatives and friends are respectfully Invited to at- tend funeral from la residence, 416 West 29th st., t Clifton, 8. I., Rop- Harvey Brown, of the United States Army. RYck—On Monday evening, January 17, Janes Brvcx, in the 59th year of his age. Notice of funeral hereafter. Cavcort.—On Sunday, 16th tnst., Awnrose J,, son of Doctor James Calcutt, Ballingarry, ‘Tipperary, Ireland, in the 28th year of his age. Relatives and friends of tho fainily will attend the funeral from bia late residence, 473 day, the 18th inst, at one o'clock, P. M., thonce to Cal- vary Cemetry. Cary.—O0 Monday, January 17, Witte, only son of M.A. andS. A. Cary, of diphtheria, aged 5 yeurs, 5 months and 22 days. Funeral will take place trom the residence of his mother, 92 West 8d st, on Tuesday, January 18, at half-past two o'clock. Albany papers please copy. Corr,—On Sunday, January 16, J. Ckamonp Corr, in the 64th year of his age. The friends are respectfully invited to attend the funeral from Trinity church, on Wedvesday morning, at eleven o'clock. De Laxoy.—On Sunday, 16th inst., Exizaneta T. Dw Laxoy, daughter of Mary A. and the late Madison De Lanoy, Funeral at two o’clock P. M., onthe 18th inst,, at 474 Warren st, Brooklyn. Sing Sing papers please copy. rt Fexxer.—Suddenly, in Washington, D. C., January 7 Ni JAMIN FRNNER, ce Of funeral hereafter. GaLLacusr,—On Sunday, January 16, of cousump- tion, Euaexs P. GaLtaGuxr, aged 26 years und 10 months, The relatives and friends of the family are respect- fully invited to attend his funeral, from his late resi- dence, No, 444 Kent av., Brooklyn, on Tuesday, at half past two precisely, from thence to Ualvary Cemetery. Goxpecka—In Hoboken, on Saturday, January 15, at 8:45 P. M., Axx. GoRDECKR, a native of Stockholm, Sweden, aged 60 years and 4 days. Friends of the deceased are respectfully Invited to attend the funeral, at his late residence, 336 Willow, near 9th st, Hoboken, on Tuesday, January 18, at ono o'clock P.M. Gnecory.—Suddenly, of apoplexy, on Saturday, January 15, Lavixia W., wife of Joseph Grogory and daughter of the late Moses Hatch, in the Gbth year of her ago. Relatives and friends of the family are invited to at- tend the funeral services at her late residence, No, 412 Pacific st, Brooklyn, on Wednesday, 10th inst, at halt-past three o’clock P. M. Danbury (Conn.) papers please copy. Hayrawas.—Gn Saturday morning, January 15, Parnick Hawraitay, beloved husband of Ann Hanrahan, aged 45 years, Bethune st., this (Tuesday) morning, at balf-past nine o'clock, to St. Bernard's church, West 14th st., where a solemn high mass will be offered for the repose of his soul; thence to Calvary Cemetery for interment. Piling and acquaintances are respectfully invited to atten HERRMANN.—ALICR, youngest danghter of Adolph and Rosa Herrmana, aged 4 years and 6 months, The retatives and fri members of the Congregation Beth El, are respe fully invited to attend the tuneral, from the residence of her parents, 60 West 49th st, on Wednesday morn ing, at half-past nine o'clock. i How —On Sunday, January 16, 1876, Jauxs H. Hown, aged 67 years, 4 months and } days. The relatives and friends attend the funeral, from his late residence, 199 Hunt- ply , Brooklyn, on Wednesday afternoon, at two o'cloc JeROLIMAN. January 17, Harry Jegouiman, aged 51 years, Friends of the family are invited to attend the funeral from his late residence 448 West 51st st., on Wednesday aftgrnoon at three o'clock. Jupsox.—At Philadelphia, Pa, on the 9th inst., Emxuine, relict of the late Rasseli Judson, deceased, tormerly of Stockton, Columbia county, N. years and 9 months, Kereutas—On Sunday evening, January 16, Wu.t- sam A. Kereiitas, tn the 59th year of his age. The relatives and friends are respectfully invited to attend the funeral, from St Thomas’ eburen, 5th av., bP reed morning, January 19, at half-past ten o’cloc! Lwowarp.—At Llewellyn Park, Orange, N. J., Janu- ary 17, Marr J. Laonarp, widow of the late Wiliam Riley Leonard, of Cleveland, Ohio, Lx Count.—On Monday, the 17th tnst., of paralysis, Saran W. Lx Count, in the 74th year of her age. Relatives and friends of the family will attend the funeral services, at the residence of her son-in-law, Joshua Hillary, 221 South 2d st, Williamsburg, on Wednesday, the 19th tnst, at two o'clock P.M. The remains will be conveyed to Wooolawn Cemotery on Thursday morning. Locay.—On the 15th inst, Mowtcouxry Logan, in the 71st year of his age. Funeral from bis late residence, Grove st., East Orange, N. J., om Tuesday. January 18, at three o'clock P.M. Relatives and friends are invited to attend the interment, in Rosedale Cemetery, Orange, N. J. Miuxe.—On Sunday, January 16, WaLtke Henry, aged 6 months, 15 days, youngest child of George F. and Lucy A. Miller. , Relatives and friends are requested to attend the faneral to-day (Tuestay) at one o'clock, from 251 Lorr- mer st, Brooklyn, &. D. MILLaWANN. —On Sunday, the 16th inst, after a long and re illness, DimwoLd MiLimmaxx, aged 66 years and Tay. The retatives and friends of the family are respect- fully invited to attend his funeral, on Wednesday. a ur 19th imst., at one o’clock P. M., trom St. Paul's corner of Fifwenth street and Sixth avenue. Mortacn.—The infant daughter of Thomas and attend the funeral, Tuesday, January ye from residence, 262 Pearl st, Brooklyn, L. I. Noausr.—On Sunday, Ji Prayces, eldest daughter of Thomas and Nogent, aged 22 years and 4 months. relatives and friends of the family are respect- fully invited to attend the funeral, this Tuesday, Janu- ary 18, at ten o'clock, from ber late residence, No, 72 av. O, to St Bridget’s church, corner of av. B and 8th et, where s requiem mass will be offered for the repose of her soul; thence to Calvary Cemetery. O1orn.—January 17, 1876, Joun J. Ovonn, age 47 eare. bd Notice of faneral hereafter. Rami. —On Sunday, January 16, Tromas Raw, aged 67 yoars, a native of Virginia, county Cavag, Ireland. ie relatives and friends are most respecttully in- vited to attend his funeral, from the residence of bis fon, Patrick Rabi, No, 83 Sullivan st, on Wednosday, 1%b inst, at nine o'clock, to St Anthony's charch, in Sullivan st, where a solemn requiem mass will be cele- brated for the repose of his soul, from thence to Calvary Cemetery, for interment, at one o'clock P. M. May his soal rest in peace, Am ean Monday, January 17, Jou River, native iigarvin, count Ty, ireland, aged 57 years, His remains will be taken from hie Inte residence, 80 Park 6&, on Wednesday morning, at hali-past nine o'clock, to Transfiguration church, corner Mottand Park ts, where « solemn high mass will be offered for the F pose of his soul; thence to Calvary Cemetery for in- terment a and relatives are respectfully Invited to at nd, Rvomn.—At 116 West 22d st., on Saturday evenin, January 1, 1876, of diphtheria, Winis, only son of W by and Pauline Ruger, aged 2 years, 2 months and ay 8. yon —On Saturday, tbe 15th inst, Hevar V. Rr- Dax, in ‘8 The funeral worries will beheld at bis late residence, 66 West 47th st, on Wednesday, the 191m inst, at one o'clock P. M. Sarius,—On Monday porning, January 17, Jaurs bey 5 tems, oe eS Sarab and Charles Saytes, aged § mon! * from the reardence of bis parents, No 504 i Brooklyn, Wednesday, January 19, as three $$ ee His remains will be taken from his residence, 57 | ds of the family, as well as | respectfully invited to | +) axed 73 | 7 Sauce. —Wittiae avraony Sivoo, aged &3 years. Funeral from hia late residence, J tb av, at half past one to-day. Friends of the family, also members of Piatt Lodge, No. 194, and Pioneer Lodge, No. 20, F. and A. M., are respectfully invited to attend. SuyTit —On sunday, January 16, 1876, Josara Suyta, aged 47 years, The relatives and friends of the deceased and mem- bers of Jackson Lodge, No. 5, A. P. A. aud sister lodges are respectfully invited to attend the funeral from bie late residence, 232 West 25th st, om Tuesday after. noon, at one o'clock. TaYton.—Of diphtheria, on Saturday, Jamuary 15, GrorGe Hatt, oldest child of Archibald and the late Emina E. Taylor, and grandson of the late Hon. George Halil, of Brooklyn, in the 8th year of his age. jatives and friends of tne family are invited to at- tend his funeral, at two o'clock this afternoon, at No, 40 Fast 9th st, city Wapx.—On January 17, 1876, Francis Wapm, aged 29 years and 4 months, The friends of his father, Patrick Wade, hts unele, e, and his brother-in-law, Thomas Deegan, y invited to attend his funeral om ¢ 19th inst., at ene o’ciock, from bis late No. 3 Franklin st. —On Sunday, January 16, 1876, Renxocs, » dow of Benjamia G. Wella, im the 68th year of her Iatives and friends of the family are respectfully {nvited to attend the funeral, from her late residence, No. 209 1 ton ay., on Wednesday, January 19, at one o'clock P. M Woops. —A solemn anniversary mass for the eepose s ane rn the late Rev, Josken P, Woops, will be celebrated at St. Augustine's, Morri oa Thursday, the 20th inst., at ten o' ih ny na Friends of the tamity and the reverend elergy are in- Yited to attend without farther notice, Tras leave Forty-second street ai 9:15 A. M Wricut.—At Oyster Bay, L. |, Sunday, January 16, 1876, Soruia, wife of Jobn Wright, * pts Relatives and friends.ot the family are respectfully invited to attend the funeral from ber late residenee, on Wednesday, January 19, at ono o'clock PB, without further notice. —_+ + SEASON. AD. FRENCH, MD. bay. and Isth st ' ou “Physiology and Hygiene Opening lecture of the cour: as Specially Applied to Worm at TO-DAY (Tuesday). Stereopticon Ilustrat Ti urse, BK P. M.—Subject, “Girts.* t Brentano's, 39 Union chuberth # the door. PRESBYTERIAN MEMORIAL CHURCH. MADISON ay., corner of O34 st.—Lectures, illustrated with photo- graph views, by the pasto has. 8. Robiuson, D. D. I. Tuesd mencing punet sion to the course of four lectures, $1 50; to a single lecture, cents, Tickets to be obtained wt Seribner’s book store, 3 Broadway, aud at the door. “MUSICAL, PIANOFORTE, ORGAN GENTLEMAN TE 4A. “Harp. Harmony: pupils’ residence, $10 quarter. Ad TEACHER, box 129 Herald Uptown Branch office Broadw: \ — INSTRUCTION ON PIANOFORTE, ORGAN. SING- 41. Ing. nee; $10 a quart ils taughs to sing in En, and Italia Also pre- pared for coneert CAL, box 140 Herald Uptown Brane 3 LOUISA MORRISON, FIR OPRANO 1 Mi pacicnr cores for past five years), is open for en- Eagement in Protestant or Catholic eburch, Address 134 Bast Tid st. 1 . PIANO, ORGAN « Violin, Guitar, Flute, Siaging, ‘ke; practice free. HUMMING BIRD PIANO WAREROOMS, 32 Eust Mth st,, near Union square, ENT OF GIVING THREE ing, Commercial Arith- . of one month's Writing $3, induces 62 Bowery. OARDING SCHOOL AT WILTON, CONN.—HOMB comforts, healthy location, " thoroagh instruction; terms moderato. Address AUGUSTUS WHITLOCK. PANGLISH HAND 4 1198 Bi wa FO! gz cramping or trem- rivatel: aT RT EB UNITED STATES for the Southern District of Illinois, January Term, 76, 18° Abram B. Baylis, Trustee, Chancery. ¥s. The Pekin, Lincoln and Deeatar Railroad Company To tHe BonpHoupens caTuR Rattroap Compan Tn parsuauce of the deeree of the Court rendered in the 9 entitled cause, on the 4th day of January, A. D. 1876, you and each of you ‘are hereby notified to me, at ny office, in the city of Springtola, IIL, within forty days from this date, for the purpose of enabliig mo to state the account in . rou end issued by the ekin, Lincoln and Decatur Raflroad Company.” Dated as 5 iL this 40h di 1, 176 Springtiold, Ul, this 4th day of Fanaary, 1970 | Master in Chancery. oF THE PE- ad Company.— pointed under aud by LUPE a Ne The andersigned Comm virtae of orders made in eo ab matter, at the G weral | Term of the Supreme Court of the State of New York, held in and for the First department, at the Court House, i of New York, one on the 1st day of December, 1875 other on the 14th day of January, 1876, pursnant to the pro- visions of chapter 608 of the Laws of 1875, to determine whether the railway referred to in | constrneted ed | road Company, over, thro | avennes referred to in said orders, and specified in the pete- tion upon which said orders were mado, which petition w: 4 in the office of the Clerk of the City and Connty of Ist day of Dogember, 1875, do hereby appoint of Janvary instant, at Il o'clock in tho fore | noon, at the City Hull, in tho city of Now York, as the time and place when and where they will hear ali parties in- | tarestod in said mutter. Dated New Yor, Jan, 15, 187%. ©. it PAt | + BVERBTT | : BZ LAU | file | Ye | oh EKLY AND MONTHL' | JAA. for Purnitare, Carpets aud Bedding | PERTHUWAIT & CO.'S, 155 and 157 Chatham a | mense stock at low prices. M. COW. ‘An tm- PRIVATE FAMILY, DECLINING HOUSEKEEPING, | A . sell, in lots to suit rebasers, cir clogant | Qud costly Household Furniture, dc. Magnificent Steinway & Sons rosewood Pinnoforte; alvo an elegant Windsor Pi cost $1. 0, for $25 in Parlor Suita, cost $650, for one for $125; rep sult 4 Bedroom Suits, B25 «i | ward; Unrpets, Oil tings, Bronzes, Mirrors, hair and | ‘and @ general assortinent of Monschold i to order four months ago, Call, private ay. RNITURE, CARPE: 3 Time House, 410 between Both and Bist sts; weokly or momthiy payments, | erated | 4 HANDSOME PARLOR SUIT IN SATIN, COST | AL $850, for $200; do., 8125; rep Suit, $35; Steinway | Pianotorte, $250; Bedroom Sets, with dressing cases, 850, $150; single Bedsteads, Bureaus, hair and spring Mat- nd dining Furniture; Turkish Suit, $90; 3c. Must be sold. PARLOR SUIT, inoforts, Chamber }. Bedding, waluut re ts, B00. : Extension Tabi jonce 105 East 1th st.. UCTION ROOM, 39 KAST 13TH ST.—FURNITURE, Carpete, Mirrors, Pianos, Organs, Cabinets, Etagere, tings, private sale; auction prices; cash ‘or i _ MATRIMONIAL, MIDDLE AGED TLEMAN, OF GOOD POSE. tion and easy circumstances, wishes to form the no- Quatutance of @ refined, educated ‘and accomplished young lady, from 23 to 27, with a view to matrimony) medium ‘fair complexion, fue presence and amiable disposition per time the very best references gtven wers strictly confidential. A Le N GENTLEMAN OF MODERATE MEANS WISHES d lady acquaintance, with @ view to matrimony. Aatreed WILLIE, Herald ofice r. ras BILLIARDS. NOLLENDER'S STANDARD AMERICAN BEVEL _/ Billiard Tables, with the celebrated Phelan & Collender combination cashions, for saie in this city only at 738 Broad- way. DHELAN'S BILLIARD TABLES, FOR SALE ONLY AP Phelan's Wareroums, 36 Bast l4th st, coruer Univer- tity place, Now York. Me. OF PARIS, GIVES LESSONS IN BILI. inrde ‘afe Boinay, No. 5 Waverley place, lessons iso at private reside ins moderate. RESTAURANTS. YSTERS | OYSTERS | OYSTERS | Live and Let Live, Bro ay and Palton. red, the Guest cargo ue season. Drop in andy RESTAURANT FRANCAT + fast from 7 to 12 o'clock; Dinner from 5 t0.8 No. (& Caiversity piace. petween Sth and Wh sta Furnished . Prices moderate. WATCHES, JEWELRY, &C i T 77 BLEECKER ST., NE. BROADWAY, MONEY advanced on Diamonds, Watches. Jewelry, wy be} Pawnbrokers’ Tickets boaght of diamonds, wasclies, Bieeck: DVAN 3 MADE ON FURNITURE, PLANOS, 4, 1 stored at advertiser's warebonses. Address UPTOWN STORAGE, Herald Uptowa Branch office, ‘B-—$75,000. DIAMONDS, RUBIES, Jewelry, Silverware, [udia Shawls, Valeey dies, dc, bought val Loans negotiated 2 we paid » r ‘Wate ASa SRR BAWRINGER, Dealer 739 Benet ft AT NO. 29 ‘UTH St, NEAR STH AV.—MONEC advanced ids, Watches, J , Piamoa, do. Soa. WILBOM, No-'300 Wen Sau seen MOREY FO toax Tew Sil: and “or erence cua Beal Begueas Senge . {ue8 i be Bargin Lt atehbes an Sains sf Real Ratsie’ GEOMGE ©. ALLEN, Jeweller, 1,130 wey, nese 20h oe 1 40: fe iB veces Par thee Pas fi sy iberal Advances made on Diamonds, Laces and Shawty, Same Jewelry, Silks, oT AV... most value paid iu cash for Cast ‘Orders punctually attended 6 “MINTZ S, aa 20th va Carpe} me Mra MEN Avec BROADWAY, BETWEEN WD AND and ie. al eos will 4 for cast-off Closhi Up oblline om of Gadreasing W UARNIS. Ne Lath, ©