The New York Herald Newspaper, January 28, 1876, Page 8

“THE COURTS. Penalty of Putting Up Build- | | = ings in a Hurry. IMPORTANT TO PROPERTY OWNERS The Pacific Mail Steamship Company's Suif Against William 8. Kins. REMARKABLE LAPSES OF MEMORY. ————— Whiskey in Ludlow Street Jail. About two years since one Joseph Ross engaged to build a frst clase four story tenement house in Long Isjand City for Mr. Robert Finan, The work was done under a written contract and specifications, and the payments, amountipg to over $7,000 in all, were to have been made in instalments, All tho instalments were paid at maturity except the last, which amounted to about $900. Payment of this sum was refused by Mr. Finap, on the ground that the work had not been done according to plans and specifications, and that tho failure of the builder in this respect resulted in a loss to him (Finan) amounting to over $2,500, Suit was Drought by Rossin the Marine Court to recover the mount claimed by him, and Mr. Finan set up in his @efence the violation of the contract by the plaintitt; that the dofects and omissions in the performance of the work were the result of collusion between the builder (Ross), the architect, one Pernard McGurk, and @ Gub-contractor named Michael Donnelly, and that he Dad been damaged therevy in the amount claimod by him, On the tr fore ge Spaulding anda jury the testimony showed that the contract and specifica- Mons had not been o ed with; that the building was deficient in girders, the floors of inferior quality mensions, the closets unfinished, tho with bad materials, the cellar of in- pth and one of the walls out of plumb, The j n violation of the instructions of the Judge, fs tO What sume they were to allow the defendant ac- cording bo the testimony, found a verdict for $600 in favor of plainug. Upon a subsequent application on behalf of (he defendant a new trial was granted on tho ground that the verdict was contrary to the woight of evidence. This seoond trial came on before Judge Alker avd a jory, when plaintiff's counsel, afler puting da evidence the contract and the certificate of the are Wo the contra: Samuel G. Co jweot that the work had been performod accordipg and epeciticntions, rested his case. Mr. ‘who appeared as counsel for the defendent then red to prove the imperfect por- formance of the work; that at the time the architect's Gortificate Was given the arcnitect had knowledge of ®uch pon-pertormance, aud that, having such knowl- the giving of the certificnte was either the result of mistake, conspiracy with the wullder or gross fraud on tho part of the arebitect; that, in fact, the whole Ching was a in job, of the witnesses termed Hi, abd plant and his associates had colluded together fo make 1) such, and thus commit a fraud on tho Owner of the building. This testimony Judge Alker ruled oul, holding the architect's certificate to be con- elusive as to the performance of the work according to | the contract, plans ond specifications—the contract Baving made it ruch—and directed a verdict in favor of the plaintiff for the full balance claimed by him. » ths decision Mr. Courtney appealed on behalf of Mr. Fiean to (he General Term, and yesterday in an Opinion written by Chief Justice Shea, the decision of Judge Alker i reversed and a new trial awarded to sir, Fiaan. The opinion, after reciting the foregoing facts, ways "The aoewer distinctly puts this averment in iasue ws to the Onishing and complotion of the build. ing, apd also av ore that aad certificate was given under wuiwient agreement and conspiracy between said jeGurk (the architect) and the plaintill, or by a gross Mistake of the facts by ead MeGurk, inasmuch as he, the said MoGork, weil Kew, or ought to have known, that the # ed in the contract was pot ther J With the plans avd sperificati m Roretdance with ave completed in accordance os thereof, On the ttial, rment in the answer, th neo asked Uh bis cross-exai which wae to bay tract completed, if it ever w peopesed to ‘show that U tod tained to whieh ox ne were aut Uther questions and purpose were presented by Offers of tertim the defence an! were ‘wed and excluded and ex- Ceptions duly taken; abd (hen a motion wade, when plaintil rested, to diemurs the complaint. The defend- nt thon, ayo defenoe, ofiered to prove that Oty dition of Ie ing at the time that the archi- feet certiied that 1 w vypdeted was such that both be and the platpti? must have known it, and that Mo- Gurk was guilty of s fraud in giving that certificate, or that there was a mistake as to the fact ow his part. Such festimony wasexciudedaud an exception taken. These Tulings of the Court below were erroneous, To be sure, the certificate o! the are itect, as required by the agree- Mont between and by the parties themselves tn this is the very evidence of the completion of th and which should entitle the plamntid, by th outin ful The produ ndition precedent to the plainte? was sence of legal excuse kc Ne contrar out fraud, or withou! Ms sabsiantial trott numerous Jack heoveeary bound 10 1 in support of this being the opinion continues :— plveation of tnt ® OF contract rence of a material tive iructive te and act wil Jared voulable (story's Equity Joriepre 40) In this phase of Ube present coutention reiat.ng to the error ‘m rejecting the propored evidence ou the trial, Mr. Justice MeAdam, wy ssrocate ib bearing the argument on Appeal, tas called sientiow to the opimon in Kemp ¥8. Rowe (1 Giford’s Report, 204), where the case was, as ere, pul on the grown of fraud A builder by bis Contract bound bimweelf to abide by the decision and Cortificaie of an architees ae to the amounts to be paid for the work, not Knowing & Given an assurance the cost of the butiding shoald ot, altbough he refused to Jid not copsider the dee NEW YORK HERALD, FRIDAY, JANUARY 28, 1876—WITH SUPPLEMENT. ver of the Board of Directors of the Pactitic hail Steamsbip Company; they took the trial sheet of the treasurer for evidence of their affairs without making @ critical the books; they did not discover $750,000 while he was a director he had learned of it a momber of the Auditing months after; the reports of the written, not oral, and were submitted at the following meeting of (he Board and confirmed by thom; they ex amined the loans, and called for the collaterals tw af the secasity was sufficient. ir, Rufus sh testified that Mr. Sage’s resignation was made in consequence of the argumemts brought to | bear against him; tn rence to the pool formed by Stockwell, Parks and himseit it was com of 30,000 shares, of which each put tn one-third; by accident ascertamed that one of his partners in the poo! had sol bim the very stock that he put ia; he sent for him and told him that the best course for him to pursue was to take it back, he took it back, but not much triendsbip had existed between them since; he probably had more of the stock than he wanted, and depended upon them to bridge him over; the broker who sold him the stock donied at Bret the source from which he had obtained at, but he obtained proofs; Mr. Parks was elected a member of the Hoard of Directors at the samo time as himself, but heaid not take his seat for some time afterward; be did pot know whether Parks was en- gaged in uegotiations with other members of the Board or not, nor whether be approached him to that effect; he did not know who was especially active in oriagng about a settlement; the books would show that; he di not know that Parks was a constant adyocate of it; Parks, be believed, took bis seat in the Board of Direc- tora subsequent to the settlement; he wasa director in the Panama Railroad Company in 1873; witness brought to light discrepancies in the accounts of the Pacific Mail Steamship Company to the amount of $2,600,000; he demanded that actions be instituted to recover tho amounts from the parties concerned; not much was done toward collecting the overdrats of $130,500 from Stockwell. In answer to further questions Mr, Hatch stated that in consequence of the revelations ‘made and the tailure to punish the parties concerned in the frauds perpetrated, the boards of directors of the Panama Railroad and Pacitic were broken up; ho did not remember Mr. Parks saying that his rela- tions to Mr, Stockwell were such that he could not prosecute the inquiries; there was no pressure brought upon him (Mr. Hatch) to resign; the overdraft of $130,500 was, he believed, still uncollected; Mr. Stock- well went to Europe toon after these affairs transpired. ‘After considerable verbal sparring betweon Mr, Ben- nettand Mr, Hatch as to whether the latter’s reluctance and refusal to answer the former’s questions frankly proceeded from the fact that the answers would implicate Riroctors of both companies, Mr. Bennett asked for an adjournment for the purpose of carrying the matter be- fore tho courts and compelling Mr. Hatch to reply to his queries. After some discussion a continued exami- | nation of the witness failod to elicit anything but a re- markable lapse of memory, and vhe examination was adjourned, WHISKEY IN JAIL. The further bearing in the case of the United States against Warden Watson, of the Ludlow Streot Jail, charged with having permitted the sale of liquors and cigars tn the said jail without having paid the internal revenue tax, was had before Unitea States Commis- sioner Shields yesterday, Abraham B. Davis, clerk of the jail, testified that he had not seen any liquor sold there since Warden Wat- gon took charge of the jail on January 1, 1876. Wit- ness is a Deputy Sheriff, keeps the accounts of the jail, and makes returas to the Sheriff; the proceeds of the sale of liquors were turned into the general ac- count; Warden Watson had nothing to do with such salt i had frequently given strict orders to the keepers and to Sam Oppenheimer, a prisoner whom It was supposed sold liquor, that no liquor should be ad- mitted to, sold or consumed in the jail while he (Wat- son) was tho Warden; had known that Wagon seized ten or fifteen bottles af liquor that friends of prisoners wore trying to smuggle into the jail. Lawrence Conner, keeper, testified that a prisoner named Mullin, alias Smith, said that he was sick and wanted a drink, Witness told him that he would ‘soo Sam" and soe what he could do about it, Sam told him (Smith) to pick out a bottic In the rubbish room. Smith did so. Witness coula not tell what Smith got, At first he said that he saw Smith drink something, but could not tell what it was, nor the color ofit, Afterward, on cross-examination, he said that he did not see Sinith drink anything. He had been night watchman in the jail for nine months, but bad never seen liquor sold th ere. Adjourned until Monday next. DECISIONS. SUPREME COURT—CHAMBERS, By Judge Barrett, Vanderpoe! vs. The Mayor, &c.—The application for a writ of certiorari denied, with costa, Burden vs. Farmer's Muk Company.—Smith 8, Eaton appointed recower on giving a bond with two suretios in $15,000 within five daya, and allowance of $50 awarded to plaintitt, Sherry vé Crolius.—Stay of proceedings vacated, also timo to serve case. Fowler va Mehervach.—Motion granted, and James M, Swoeney and others stricken out Colima vs Rowe,—E, Delafield Smith appointed guar- dinn ad litem for the infunt defendant, Sbrady vs. Crotty.—Motion granted, with $10 costs, | Memorandum, Matier of St, Nicholas avenue,—Motion granted, Reference ordered to tako proof, Bohannon vs. Townsend et al,—Report of distribu. tion confirmed and order granted. Matter of Stewart —Epliraim D. Brown accepted as a poten in place of William Kennelly, and bond ap- rove WPeaver vs: Anderson.—Metion to amend granted, but amended complaint must be served in five days. Vissoher vs, Brennan, --I am not satisied with these , and I will permit further evidence to be } taken, | Trumboril vs. Trumberll.—Report confirmed and Judgment, &c., granted. Mott ve, Mott.—Ordered that the trustee be author- ized to expend not exceeding $500 on repairs on vault, &e., and to deposit $5,000 for permanent repairs, Collin ys White.—Report confirmed, judgment or- dered and allowance of $250 awarded, Weaver vs. Anderson.—Motion granted unless the amended complaint allowed {on the other motion be served in five days; no costs, Bornett vs. Meyer.—Motion granted for first Monday of February, Eagleson vs. Hoefnagle.—Motion granted, allowance of five yer ceut awarded and order granted as suggested } by Mr, Townshend e va. Wagner.—Motion denied, with $10 costs. Memorandirn. Merchants’ National Bank of Newark ve, Hamilton — Memorandum. Cameron vs. Mittnacht.—Order that Henry A. Frost be committed to the common jail of the county until he pays the costs, amounting to $50, directed to be paid by the order of December 13, 1 SUPREME COURT—crIncurT—PaRrT 1, By Judge Van Vorst, Shipman, &c., vs. Hofman.—Order signed. SUPREME COURT—SPECIAL TERM, By Judge Donohue. Marker, &c., vs. Hof, &c.—An allowance of $250 granted. Birdsall ve, Fowler et al.—Memorandum for counsel. of the archite u tended to produce that interferenee 0 uation hes referred to Bedell, same volume, 166, wherein th: tect fan archtieet « wurveyer are | beeia to be final, when farly aod mmpart and & gourt will Bet reheve nat them, bowever eovere they may tx ib their effeots, but declares thas | Whenever either acts it bis «ad jude! character un- | fairly or partially, & court wil feheve against the award The quesien presemiable im soch «care asm | that of an ortitraten 6 cue of bw determined by « JUFY, Bud CanDet be decd ‘ourt tteel on the @Tound even that Wwe frou © OF partiality Gan be gathered from the papers (ed 1 the cause, tbe qeestion « based 66d whew diepemed of open the Gonstruction of te. © truth of tb: fect purported by the certiionte om question is denied by the Eetuateat, nat bo fered Gots ou the Qrial, under the akepaton We be anewer wo prove thas the certifieste wae gown © 1 be rights and : Offer, by BeceHrary imputation. charged Chet Unis aties tation by the archsect wees treack of & part ether by pee + oul ot i) Teement thes tbe erebitect eas tee cortideate Mf cartiBed to (he Woth sh! on entryth, where work ng Gece a! iat In the precent omer the RCtiy mete the offer te prove thet the Ot BVEe © food MRED, wud Mf UBis foot at bat ousrepeibie of ‘be cont Geate is copes. the font @ clamed te be the coutrary Of the #tetement © the certiteste The Judgment must be reversed sad © wew (rm graniod THE PACIFIC MAIL stir. The suit of the Paciic Mell Sram p Compeny egainst William * King was optineed yosteriay fore Rawin M. Wight, notary public, af Comm seoner Me. Beary & Beuseti appeared for the plawwite and Joba N. Goodwin for the defondent, Mr. R, G. Rolston was the iret witness exeminet He testified that bo was a momber of the Auditing Committee In 1872 apd seeisted \n otamining the asecis of the company twice; be did Bot remember e record seen such an entry \t would have bees bis duty \o bave Botified the compacy, Mr, T. Johnem said that & despatch sont him from Washington by Mr. Hateh, instructing him Mot to surrender any documents to Mr. Stockwell, was an answer to 4 letier sent vy Bim to Mr. Baten. George Le Aipgaland Wal he Wie «apie Voltee ve, Equitable Life Assurance Society et al.— Deeree signed. SUMMARY OF LAW CASES, The gentlemen who gervod as petit jarors in the United States Ciroult Court, criminal branch, during its last term, were yesterday finally relieved from doty and remunerated for their labors in the sum of avout $25 each, 1m the case of the People’s Saving Bank tho prelim. inary injenetion granted some timo since was yester- day continued by Jadge Barrett. It was charged that transferring to 8 clerk in the bank a mortgage for $2,000 was 6 violation of the law, te addition to eleven graduates of Columbia College and one of Now York University five others, J. Wiliam Harrington, G. Noxon Campbell, George 8. Coleman, J. Sargent Bron and Charles H. Taylor, who have been examined by the examiners appointed by the Supreme Court, General Torm, were yesterday ad- mitied to (be Bar, Ab order of arrest was granted yesterday by Judgo Parrett, & Sapreme Court, Chambers, against Pante- eon Gears, Jebanne C. Busselman brings an action aguiest him, claiming $50,000 damages for alleged breach of promise and seduction. According to tho show ine i6 Che papers she was formerly in his employ . - cher strange visitore—three Japanese law eteete—took 8 round of the State courts yesterday. The proceetings \@ some of courts apparently in- \ erest enhanced by the derstand the English lab guage 4 fet Broeght by James Dumphy against the Bree Rar ompany tried before Judge Spier, of the Seperior Court, for $10,000 damages for ejectment from one of 16 cere, the lacts of which have been pub- bebe, 8 vortet was reedered yesterd: favor of the plaipit : rll ‘On Pererday morning Sext, in the United States Cir- wt Court, Criminal branch, Judge Benedict will pass oa the Board in the end of May, 18573, nd was elected | see 1 the Court dismissed the | rece under the act of 186080n- | | Gieckarge Ho claimed | form of a’crowaed stond mine An 3 i $ ij g Neptune's Car, commit- ited States Commissioner Osborn for oxtra- ) England om a charge of an officer of the sald ship with intent to kyl, Judge Biatchford, | of the United States Coart, esterday writs of habeas corpus and certiorari, on cation of A. H. Purdy, counsel for prisoner, retut Ay ya | row, on of tpsume 1 evidence of the in- =_ oo reney: Some considerable time was occupied yesterday in the Supreme Court, General Term, in the argument on Pg ‘of the case of Harriet G. Glover agaiuat the oy. irs. Glover, as will be remembered, was next of kin to Nathan Appelton Lee, who died in 1863, and, succeed- ing whose death, Mr. Bradford, the thea Public Adminis. trator, took possession of bis . Aman named Arthor B. Bently pretended to bhve a claim amounting Surtogate, « sham defence ouly having beew iaterpored urrogate, a sham defence only having beeo | pA = obtained as 82 Both Bradford and ntly having absconded, this suit was: bey om! against v lipo ve ‘er the amount paid ov the ry 7 order. The Court took the papers and resorved its de- cision. A case against the Belt Line Railroad was tried yes- terday before Judge Van Brunt, in the Court of Pleas, precisely similar in its legal aspect to the ried in the same Court the day previous, the full ‘hich were published in yesterday's Hwann. it yesterday James W. Morgan asked $10,000 damages on accor of injuries eastained, a# he alleged, through a truck colliding with the car on which he was a passenger, at the time on the platform, which, together with tion of the car, was crowded to suffocation. fence was that he was standing op the step of the plat- form, where ho had no business to be. Judge Van Brunt charged substantially the same as in the Swietzer case. The jury will bring in a sealed verdict this morning. The case of Waltor Donaldson & Co, against Joho Mapos, tried in the Marine Court yesterday, before Judge McAdam, created considerable imterest among those interested in coal as dealers and retail customers. The defendant bought acargo of Wyoming coal at $6 25a ton, amounting upon 225 tons, the quantity purchased, to $1,325 25, the amount saed for, The defence contended that the plaintiffs warranted the coal to de first quality, clean, bright and well screened, and that there was a broach of the warranty in respect to quality, which was pronounced by the defendant's witnesses as inferior, being about one-half slate and dirt; while the plaintiffs’ witnesses, dealers aud miners from Pennsylvania, testified that there was not over three per cent of that this was a fair percentage on tho avorage coal gold in the New York and Pennsylvania markets, The jury, after an elaborate charge from the Court, returned with a verdict for the plaintiff for $1,131, to which the Court added tho usnal allowance. COURT OF GENERAL SESSIONS. Beforo Judge Gildersleeve, THE MARSHAL ARSON CASE. The continuation of tho Marshal arson case occupiod the attention of the Court for the fourth day, Tho evidence was concluded, and Mr. William'F. Howe summed up for the defence. Assistant District Attor- ney Herring will sum up for the people this morning, and Judge Gildersleove will charge tne jury. THE OLD, OLD CASES, John Morton, a marble polisher of No, 226 West Eighteenth street, charged with having on the 10th inst. stolen a pair of pincers and a quantity of rags ang lead pipe from the premises of James Pinley, No, 141 Eighth avenuo, pleaded guilty, and was sent to the Stato Prison for two years and six months. Edward Thompson, a negro cook, was sent to Stato Prison for two years on his admission that he had on July 1 visited the tailor shop of Adolph Stickel, at No. 126 Clinton place, and by means ofa pretended order trom Lewis & Conger, of No. 1,208 Broadway, in whose employ be represented himself to be, had obtained a suit of clothos, . James Halpin, aged sixteen, of No. 425 East Fifteenth street, who admitted that he broke into the liquor storo of Patrick Burns, No. 610 East Fourteenth strect and stole a bottle of gin worth fifty cents, was seat to the Penitentiary fg one year, TOMBS POLICE COURT, Before Judge Flammer, A SOUTHERN SWINDLER ARRESTED, James L, Kyle, twenty-four years of age, a native of Georgia, was arraigned on a charge of receiving goods under false pretences. It was alleged by William A. Hulbert, of the firm of Hulbert & Co,, No, 83 Ohambors street, that on the 20th of November, 1875. the pris. oner came to them, and upon reprosenting that he was buyer for Kyle & Hammond, of Charlotte, N. ©., and authorized to purchase goods on thoir account, ob- tained twelve revolvers of the value of $35. It was subsequently ascertained that the prisoner's reprosen- tations were utterly also and fraudulent, He | managed to elude arrest until yesterday, whon he was taken into custody. here was still another complaint pendin, ainst him for obtaining $100 on a worthless draft drawn upon the aforesaid Kyle & Hammon, and the victims wero Messrs. Graliam, Harris & Co,, doing business at No, 88 Chambers street. He represented that he was the brother of Mr. Kyle, of North Carolina, and had lost his overcoat and memorandum book in the car coming from Philadeiphia, His manner and address were so easy and off hand that he had no difficulty in gotting cashed his bogus check. He pretended to Graham, Har- ris & Co, that he wanted to purchase a quantity of brushes, In answer to the charge the prisoner said he had nothing to say. Kyle was further committed ona charge of stealing a shoe brush, valued at seventy-five cents, from the same firm. His arrest in this instance led to his identification as the party who commuttod the above swindling transactions and to their develop- ment, It is said that Kyle hag been fleecing soveral leading merchants in this city, He wae beld to answer on all the charges, ATTEMPT TO KILL HIS MISTRESS, Robert Dietman, alias George Smith, was released from Sing Sing « few days ago, his term of service in that bastille having expired, and came to this city, He sought his former mistress and finally {ound her ina house of ill fame in Elizaboth street, He entreated hor to leave the place, but she refused. Dietman drew a loaded revolver aud pointed it at her head and pulled the trigger. The pistol missed fire and before be could repeat the attempt he was overpowered and arrestea, Justico Flammer held him in $2,000 bail to answer, EXCISE VIOLATIONS, Six persons arrested for broach of the excise law, in selling liquor without license, were held in $100 each to answer, PROGRESS. Workmen were busy yesterday afternoon in remov- ing the disgraceful old pens in which prisoners brought to the Tombs have herotofore been confined like beasts in a menagerie, In future there will be separate rooms for them. 2 . THE CRISPINS STRIKE. Michael Sheridan and Conrad Carroll were arraignod for disorderly conduct, The complainants, Messrs, Hannan & Reddish, boot and shoe manufacturers, No. 35 Warren street, stated that in cgpsequence of their having employed non-society men for the pur- pose of instructing them in the operating of certain new machines, the defendants and others cong! around their store and gave them considorable annoys ance, Justice Flammer held the defendants in $500 bail to keep the peace for six months. A writ of habeas corpus was subsequently seed out, and the prisoners were taken before Judge Barrett, of tho Supreme Court. The minutes of the case not being in the pos- session of the Clerk the examination was postponed until to-day at eleven o'clock A. M. WASHINGTON PLACE POLICE COURT. Betore Judge Morgan, BURGLARY IN NINTH AVENUE, Hugh Campbelt, of No, 408 West Sixteonth street, was held in $1,000 to answer for burglariously entering the house of Thomas McWilliams, No, 83 Ninth avenuo, and attempting to steal a bag of oats valued at $1 60. ‘The prisoner was arrested by an officer just as ho left the building. ; ASSAULT WITH A PITCHFORK. Michael Long, of No, 412 West Sixteenth street, was arrested by an officer of the court squad for assaulting Benjamin Wallace, of No. 91 Horatio street, with a piteh- fork. Mr, Wallace went with a marshal to di Long. The latter resis and with bis wife oom- mitted the assault on Mr, Wallace, ‘THE NEW YORK PLATE GLASS ASSOCIATION. wtence oo Berpard Quinn for counterfeiting United Sates dollars: Kisabeth De Mott for counterfeiting Bre cent mekel Com, and Remilio Glodbe for uttering countertont ton Gotiar babi note. In the case of Mrs. | | Be Motta mowon for au arrest of jadgment and a new triad will De ands, o@ the ground of error in the Judge's | ebar | A trval Httie out Of the ordinary line took place yes. | terday De'ore Chief Justice Monell, of the Superior Court Sarah K Pendergast brought suit against Isanc Phillips, executor of Joseph A. Jackson, to recover pay. | wee ' rof sileged Wlegittmate child of Mr, | Sache n The sult was quite warmly contested, Mr. Oelver appearing for the plhiatef and Mr, Witham Gil- howly for the delendent, sud resulted im @ verdict tor se t Pe Seated additional tim ose t brought agatnst vy Devin to | reta Y owt of which it was defrauded by Tweed apd bis ‘ates, This extensi — only to the city aud Board of Bapervisora, bo dave appeared in the action hitherta, yhn Hoyen sued the city to recover $25,000 for farting to emrry ou a eyutract to batld a stone bridge to take the place of the old King’s bridge, over the Har- | tom Rewer. Toe cave came to trial yesterday veforo . domes Yam Brows, ie the Court of Commun Plea gud, Mr, C. B. Rousha, charged with unlawfully opeaing letters addressed to Jonah Andrew, President and at- torney for the New York Plate Giass Assoolation, was brought up for examination, The caso was fully re ported in Tuosday’s Hxxanp, The defendant claimed that ho was a member of the Board of Managers of the | association and was credited with $10,000 stock, Coun. sellor Schwab contended that he therefore hada ae to open letters addressed to tho association. Jt Morgan decided that any member of the association could open letters addressed to it, The prisoner was one of the members of the association and had com- mitted nocrime, If an agreement was decided uy between the members not to open letters, then he only violated solv contract. rr, was oo uae evidence inet the prisoner and he was Mr. Rousha left the court accompanied by bis (riends, ESSEX MARKET POLICE COURT. Before Judge Smith, ATTEMPTED SUICIDE John Rusk recently arrived in this city from Kansas City, where he had beon in business as a tailor’s cut- jl ter, Ata laje hour am Wednesday might Odea MoOlernan, Of the Eloventh precinct, noticed rapidly beading toward the river at the foot of Fifth stroot, and, following him, just barely succeeded in preventing him from jumping into t! ter. After a re an the o' ot geqenest him and took him to the station house. He there expressed & desiro to kill himself, and when taken to court nee: | day peaed gee Lage gate his-wish to die, saying th e was tired of life and would accomplish bis i oe e the first opportunity, He said he had wealthy and relatives in this city and was well off himself, He eet eee to gay why he attempted to kill imself, He was committed to the care of the Com- missioners of Charities and Correction. The would be syne is a man of fine personal ap- pearance and intelligence. He was dressed well and had considerable jewelry upon his person. FIFTY-SEVENTH STREET COURT. Before Judge Duffy. THE THIRD AVENUE BANK CASE. According to adjournment, two weeks ago, this case came up, as it was expected, fora final hearing, A do- cision on the points of law raised particularty in refer- ence to the case of Thompson W. Decker was to have been givon, but the failure of the counsel to hand to the Court their briefs at the time specified rendered a de- cision yesterday impossible. An adjournment was therefore takon to a day to be horeafter named by Moser Garman, Batas: Morgen and Lyon, were post poned for two weeks, ending’ the decision in ecear's casa COURT CALENDARS—THIS DAY. Soreeme Courr—Cuampars—Held by Judge Bar- rott.—Nos. 54, 61, 62, 78, 94, 176, 180, 190, 205, 207, 237, 247, 254, 256, 272, 279, 282, 283, ‘286, ' 287, 288, 289, 290, 21, 292, 293, xe COUKT—GEYERAL Term—Hold oy? Judgos Da’ Brady and Danicls,—Nos. 54, 55, 56, 59, 68, 74, is, 10) 60, 60, 72, 81, 3, 52, 13, 15, 97, 45, 79, 82, 104, 105, Surrewn Covrt—Srrctar Term—Held by Judge Dono- hue. —Nos. 285, 286, 287, 288, 282, 202, 251, 204, 15, 19, 89, 54, 58, 50, 66, 72, 71. Surnume Covkt—Cixcurr—Part 1—Held by Judge Van Vorst—Short causes.—Nos, 2309, 1465, 3505, 1839, $407, 1661, 2000, Part 3—Held by Judge Lawrence, — Nos, 19154,, , 1601, 174144, 2271, 950, 2283, 2350, Soremion CourtT—TRiAL TeRM—Part 1—Heild by Judge Monell, —Nos, 1594, 1630, 1831, 1906, 1621, 1792, 1554, 1515, 771. Part 2—Held by Judge Spetr.—This part will assist Part 1 im disposing of the short cause calendar. Cowmon Preas—TriaL Terw—Part 1—Held by Judge Van Hoesen. —Case on, No, 573. Part 2—Held Ye Van Brent,—Nos, 1187, 1249, 1263, 1208, 1265, 1275, 1292, 709, 1204, 1454, 1450, 1480, 1915, 1334, 1839, 1336, 1940, 1845, 1857, 1860, 1367, 1370, 1372, 1377. — Pixas—Equity Tram—Lela py Judge Daly.— 0. 20. Marie CovetT—Tarat Tenm—Part 1—Held by Judge Shea.—Nos, O224, 3707, 3519, 3799, 5975, 6251, 5106, 6522, 3795, 3604, 6414, 6517, 2969, 5924, 6054. Part 2— Held by Judge McAdam. —Nos. 6139, 3488, 3492, 5676, 6508, 6503, 6548, 6901, 6943, 6510, 3788, 6140, 2541, 6663, Part 8—Held by Judge Shoridan,—Nos, 5408, 6069, 6240, 5008, 6461, 5865, 3399, 3400, 6494, 5858, 5863," 5881, 5870, 5859, ST28. Covnr or Gaenenat Srssions—Held by Judge Gilder- sloeve.—The People vs. Henry Starr, robbery ; Same vs. Heury Payne, robbet Samo va Albert Lynch, rob- beers Same vs. Ambrose Rudimenti, felonious assault and battery; Same vs. Givanni Marotta, f¢lonious as- sauit and battery; Same vs. James Farman and Phili MoGulre, burglary; Same vs, Frederick Brick, gran larceny; Same vs. Adam Ben George Wilkowsky and Goorge Barbour, violation of Sy, laws; Same ve. Peter Smith, petit larceny; Same va. John ‘tergen, ttt larcony ; Same vs, Patrick McGuire, petit larcony; Bome ve, Francis ¥, Marshall, arson, THE BROOKLYN WIFE MURDER, THE INSANITY PLEA AGAIN SUSTAINED. Yosterday forenoon, at ten o’clock, the Kings County Court of Oyer and Torminor convened for the fourth day to continue the trial of Joseph J. Burroughs, who on Saturday morning, November 13, 1875, killed his wife, Elizabeth, at her residence in Fifteenth street, near Fifth avenue, Gowanus. Judge Pratt and associate justicos oceupled the bench, The floor of the court room and the gallery were crowded, The prisoner occupied his soat at the side of exJustice of the veace J, Daily, and stared vacantly with that per- sistency which he has exhibited sinco ho first ap- peared in court, The sentiment of all who have watched him closely in court kas been from the first that if the prisoner is only simulating insanity he Is doing it so woll as to decetve the most sceptical, But when on Wednesday afternoon the by ise mother of Burroughs told of the prevalence of insanity in his family and of his own permanent injury on the head whena das fourteen years, then there was no lon; doubt exptessed as to the mental irresponsibility of 1 accused. Hence there was but little surprise wi tho trial = was suddenly terminated yet terday mornin After the jurors had ‘an- ewered to their names District Attorney Britton rose and, addressing the Court, announced that he had become convinood that the prisoner is insane, He had never seen the man till tho time he was ar- raigned tor trial, when he became satisfied that it was a serious question whether the prigoner, judging from his appearance in court, was not afilicted with some phase of insanity. He did not claim to be an ex- pert, but circumstances had mado it necessary for them to oxamino thoroughly that question. He had now become strongly convinced that the prisoner was aiticted with a pl of insanity Known as do- montia, On cond day of the trial he had — become confirmed in that be- lief that he had felt it his duty as a public officer to satisfy himself upon the subject as well as the public, With that purpose “in view he had telegraphed to Dr, John Ordronaux, State Commi: sioner in Lunacy; to Dr, Gray, of the ica Insan Asylum, and to Dr. Kellogg, Drs. Gray and Kellogg came on and closely observed the demeanor of the risoner in court on Wednesday, and then went down ‘0 the Raymond Street Jail, where they remained till midnight examining the condition of tho conan These doctors had formed tho opinion that this was a case of serious dementia, so serious in its form that it tshardly possible for him to recover. The physical condition of the prisoner is as low as his mental state, and he (the District Attorney) would, for these reasons, abandon the proseeatton, Ex-Justice Daily thanked Mr, Britton for the cour- tesy he’had shown to the prisoner's coungel since the trial began, and said he was very glad that the cage was 80 palpable us to leave no doubt as to the question of insanity. . Judge Pratt then charged etey saying that they had heard what had been said, and that it was not his duty to wring a verdict from the jury which was not in accordance with tho evidence. It, therefore, only re- mained for the jury to return a vordiot that the prisoner was not guilty by reason of his insanity, The Court took occasion to commend tho District Attorney for the energy and ability he had displayed in the manage- ment of the case. ‘The jury assented to the direction of the Court ren- dering a verdict in accordance therewith, The Court instructed the District Attorney to mako outa commitment for the prisoner to the Insano Asylum, HEAVY VERDICT AGAINST THE CITY OF BROOKLYN. Tho suit of tho heirs of the Cowenhoven estate against the city of Brooklyn has just been concluded in the Kings County Supreme Court, betore sustico Gilbort, Proceedings of ejectment were begun against the city by fencing in a part of Atlantic avenue and tearing up the track of the Atlantic Avenue Railroad Company. A compromise was effected, and the case was brought before tho a Court. The property in litigation ts situated on Atiantic avenue, including @ portion of the thoroughfare about eighty feet in width, the wholo valued at $100,000. The Lea yp Byam seized by the city and an action was begun for the ro- covery of $100, ‘the value of the land, The jury os! yy rendered a verdict for the plaintiffs for the Iva amouat of the claim, This wasthe third trial of the suit. COURT OF APPEALS. Aunany, Ji Tho following cases were argued to-da, No. 55. Marks vs, King.—Argument resumed and concluded. No. 86. Honry H. Blossom, respondent, va. The Ly- coming Firo Insurance Company, appellants. —Arga- ment by 0. W. Chapman, of counsel for appellant, aud by G. W. Hotchkiss, for respondent. No. 90, Zina W. Alexander, respondent, ve. Austin M. Hard and Others, appellants.—Argued by 0, Chapman, of conneo!l for appellants, and by G. Hotchkiss for respondent, No. 95. John Heermins, trustee, &c., appellant, a P. Clarkson, implead &ec, and others, spondents. —A' 21, 1876, 333 od by A. len, of counsel for pellant, and by 5. S. Rogers for respondent. Proclamation made and Court adjourned. CALENDAR, ‘The day calendar in the Court of Appeals for Friday, January 25, 1376, is as follows;—Nos, 145, 153, 118, b 156, 158, 199 and 163. THE BONDS FROM A STOCKING, Tho hearing before Surrogate Haynen, of Queens county, on application to compel Thomas Slowey to ac- count for bonds to the amount of $8,000 alleged to have been discovered hidden in the hotel formerly occupied by Terence O'Brien, on Fulton street, Jamaica, was concluded on Wednesday evening. Slowey denied that he found the securities in tho O'Brien house, as he and others at first reported, and alleged that he procured thom somewhere ln Westchester county, The Surro- gate came to the conclusion that O'Brien's hers could not establish a case, and dismissed the hearing. DEATH BY DROWNING. About five o'clock , yosterday morning an unknown man foll off of pier 55 North River, at the foot of West Eleventh street, and was drowned. appeared to be about forty years old, had brown hair and red mus- mn ong wore a black and red undershirt, black suit, ob! ilia overcoat, black felt hat and Congress rs, He was brought to the Ninth precinct station fear by two officers, and from there the body was to the Morag, Coromer Orokor ras notidod. BOARD OF ALDERMEN. LABOR ON PUBLIC WORKS—THE ISSUING OF AS- SESSMENT BONDS—NON-RESIDENT OFFICE~ HOLDERS TO BE OSTRACISED. The regular weekly meeting of the Board of Alder- men was held yesterday afternoon, Mr. Samuel A, Lewis in tho chair, A communication was received from the Stone Ma- sons’ Society relating to a paper which had been sent in at the last meeting of the Board, on the subject of confirming Mr. Allan Campbell as Commissioner of Public Works. They deny the authenticity of this document, and set forth the following statement:— “As the protest against the confirmation of Mr. Camp- bell, and purporting to be the act of the Stone Masous’ Society, is calculated to mislead and place the members of our organization in @ false position, and as there is no organization of stone masons except the N. Y. Be Society of Operative Masons, that society takes the earliest opportunity of branding the protest as an un- mitigated fraud and a trick so far as it pretends to rep- resent any organization, except the two who signed it and one other, who ald not sign fa ‘he communication was received and placed on file, THE PUBLIC WORKS. Alderman Pursoy offered the following, which was adopted: Resolved, That the Commissioner of Publie Works be and is hereby respectfully requesved to report to this Board at its next meeting his opinion iu regard to the best mode, whether by contracts or day's work, of performing the work mentioned in section 2 of chapter 477, Laws of 1875; also, whether in luis opinion the nature of the snid work requires and the interest of the city domands that it cretionary with him as to which of the two systems shor be employed. Be it also Resolved, Phat the Counsel to the Corporation be and is hereby respectfully requested to report at the next meeting of this Board his opinion as to whether the Common Coun- cil have the power under said act to direct in which of said modes the suid work shail be performed, and the extent and Timitation upon said power.” Be it nlso farther Resolved, That all ordinances now pending befo Board directing work to be done under said act be laid until said opinions be received. RELIEF FOR THR POOR. Alderman Coxe offered @ resolution requesting the Commissioners of Charities and Correction to intorm tho Board as to what action they intended to take rela tive to releving poor of the city under the appro- priation given that department. ir. Cole contended hat $30,000 was appropriated for this purpose, and no decidea movements were this year inaugurated by tho Commissioners to distribute the money. Considerable debate ensued upon this resolution. It was argued by some of the Aldermen that the appropriation did not | exceed a few thousand dollars, and that 3,700 tons of | coal had already been purchased and was now being | delivered to the deserving poor of the cit The whole | matter was finally re‘erred for information to the Com- missioners of Charities and Correction. THE ISSUE OF ASSESSMENT HONDS. Alderman PuRRoy presented a resolution requesting the Legislature to pass a law that whenever it shall be lawful to issue any bonds of the city of New York for assesstoents or other purposes the same shall bo issued in denominations of $20, $50, $100, $500 and upward each, preference to be (iho gy to applicants for the smallest amounts and smallest denominations of such bonds ou issuing the sa NON-RESIDENT OPFICE-HOLDERS. Alderman Purror presented the following ordinance for the consideration of the Board:— Ay ordinance to prevent non-residents from holding office any of the departments or branches of the government of the city of New York, ‘The Mayor, Aldermen and Commonalty of the City of New York do ordain as follows — Skottox 1.—No person who is not a citizen of the State of Now York und ident of the city and county of New York shall be eligi! pporarneas to any office in any ther of the departments of the city government, either as presi- or commissionor, chiel of bure: jerk officer ther or empl crjodical; not eh or therein, whether i tive, th sy ny rv leyislat ie, eanen ve who ma} bone seploy: person not a ‘this city or appointed have any valid claim 6 Mayor, Aldermen of Commonalty of said city Iry, waged oF compensation under ot by virtue 0 § auy office in either of such departments or branches tity government. |. 2aAny person holding apy appointment or office or employed in any of such dopartments or branches of the city government, mb 4p teachers of common schools, who shall, while holding suet Ce ent or oflice or so om ployed, remove from within the limits of this city, shall be deemed thereby to have resigned such appointment, vacated such office or abandoned such employment, and it shall be the duty of the head of every department or other person an- thorizea to make appo' r give empl RAPID TRANSIT. ANOTHER MEETING OF THE COMMISSIONERS— HOW THEY PROPOSE RECEIVING OBJECTIONS. Yesterday morning the old chamber of the Board of Aldermon was crowded, as it has boon during tho ses- sions of the Rapid Transit Commissioners, with a gathering of property owners and an infusion of the sight-seeing element which every public counci! brings together. The Commissioners took their seats at the usual hour and counsel for the petitioners and objec- tors appeared, brimful of argument and disposed to contest every issue which arose till the minutest threads of it would be dissected. President Oliver N. Palmer took the chair aud announced that the commission bad duly considered the ques. tion submitted to them during yosterday’s «es- sion, touching the mode of procedure in receiving statements, and that thoy had determined to give the widest latitude to parties desirous of making affidavits or offering proof why the routes already dosignated should not be adopted. Hoe said that a ro- port had been prepared and was now ready to be sub- mitted ombodying the plan laid down by the Commis- sioners for giving the objectors @ satisfactory hearing. The President thon mace the following statement, on the part of the Commissioners :— HOW ODJECTIONS ARB RECEIVED, The Rapid Transit Commission wiil receive all objoc- tions to the construction of the proposed railroad which may be filed with their secretary, Chariton 5. Lewis, at bis office, No. 99 Nassau street, before Janu- ary 31, 1876, or which shall oe presented in Mego | to tho Commissioners at their mecting, whicn will be held on that day at cleven o'clock A. M. During the inter- val any affidavits or other proofs which sball be perti- bent to sald objections may be filed with their secre- at his office, ly facilitate the proceedings of the com- mission if these aMdavits be printed, aud four printed copies thereof should be filed with their said secretary. The Commissioners will hear applications, examinit orally any of the persons deposing to those aifidavi on the 14th day of February, at eleven P. M. Notice of the meeting of the commission will be posted on the bulletin board in the rotunda of the City Hall and on the door of the room in which they meet. The Com- missioners request that statements as to different por- tone of the proposed route be embodied in separate affidavits The President then announced that the commission would be READY TO MRAR DISCUSSED on next Monday the question raised by counsol as to the right of persons to be beard oraliy, and also as to the construction and definite meaning of the act de- claring that all persons interested shall receive a full hearing, and have thelr proofs and affidavits duly weighed and considered. The President said that this mvotved a disputed Beg that tt might imply only the property owners along tho routo of the railroads, of that it might refer to citizens generally in- terested in no transit and representing only the fre- quently repeal clamor for more methods of passage from place to lion of this clause seemed to him of cons! tance, and the early specification of be likely to save the commission much and labor, A aber of gentiemen thon appeared, announcing themselves as representa tives of various real estate tuterests and of various dia- tricts along the proposed routes, Several of these parties appeared on behalf of the rosidents and owners on Fighth avenue, ab Ninety -second who protested against the change of . THE KLRVATRD RAILKOAD'S ROUTE from Ninth to Eighth avenue, A few were sent by tho property owners about Pearl street and Hanover square to present their ‘Sypeations to rapid transit at points, On the side Messrs. 3. E. Lyons ani Alexander Thain came from the Twenty-first and Twenty-third wards to represent the views of nie erty owners in those districts, in sympathy wil rapid transit generally, and io an especial manner with the proposed route along Third avenue, Mr, Charles Crary also appeared in favor of it for thé Kast Side Association and rty owners on the line of tho Toad. Mr. Simeon Charoh came from the west side, and he represented a number of Pst Ache who favored the routes adopted by Transit Commission. Tho Prosident, after bearing the remarks cf theso gentlemen, referred them to tho Iast action of commission touching the mode of procedure tn rece! intments pi tre to ap- Point or employ @ resident of thie clty to she office made a cant or employment so surrendered by said removal from this city, as provided in section 1 of this ordinance. Sxo. ,—All ordinances or parts of ordinances inconsis- tent or confi! 4 al ‘with the provisions of this ordinance are be bid les u 80. \@ ordinance shall tuke effoct om the Ist day of ay, Alderman Hass favored the passage of the ordinance at once; so did Aldermen Bryan Reilly, Sheils, Me- Carthy and others. Alderman Morris’ motion to lay the matter over for one week was lost. a Alderman Bitursas approved of the principles set down in the ordinance, but as there might be some legal difficulties in the way he suggested its reference to the Corporation Counsel for an opinion, This motion was also lost, and the ordinance then passod by a vote of 16 to 6, * SHERIFF'S FEES, Tho Committes on County Affairs made a report fix- ing the rates of compensation to the Sheriff for tho daily support of each prisoner in the County Jail at seventy-llve cents. - CONFIRMATORY POWER OF THE BOARD OF ALDERMEN. The following rosojution, also offered by Alderman Parroy, was passed;— = Resolved, That the Legislature of this State b hereby rospecttully requested so restore to the Bo: Aldermen the power to confirm or reject all appointments dr nominations of the Mayor for uficers in tho different de- artments of the eity goverument, whether for yacuucies OF nil terms (as provided in the origlual section 25 of chapt er 835, Laws of 1873), by repealing section 3 of chapter 300, Laws of 1874. After transacting some further routine business the Board adjourned, MUNICIPAL NOTES. The Committee on Finance of the Board of Aldermen will meet on Monday next, at three P, M., to take into consideration Alderman Gross’ resolution in opposition to the purchase of pier 44 North River by the Sinking Fund Commissioners, All opposed to or in favor of the purchase are requested to appear before the com- mittee on that occasion. Comptroller Green will pay off on the 1st of Februa interest on stocks and bonds of the city of New Yor! as follows:—Principal, $19,908,363 86; interest on game, $289,291 94. Of this ‘amount of principal the Sinking Fund Commission hoids $7,924,708 The interest on the last mentioned amounts to $111,197 05. Tax Commissioner Andrews will send in an exhaust- ive document in answer to the reports of the State As- fea ges | adding over $50,000,000 to tho valuation of roal and personal property in New York city, THE CUSTOM HOUSE, Custom Hoase Inspector McCort soized five barrels of smuggled ram and @ quantity of boney in Brooklyn yesterday. Special Treasury Agent Tingle is stopping at the Astor House and investigating the Mason-Hirsch rev- enue frauds, He was sent on here by the Secretary of the Treasury. If the Secretary of the Treasury con- sents to a release of the goods, Custom House officials | here will soo the worthless character of Custom House | for the future, Collector Arthur tngists that the law shall take its course, Although the goods when seized were valued by the appraisers at the seizure room at $3,000, it is alleged that Customs Appraiser Kelly, at the ‘Cunard wharf, was In favor of passin, them free of duty. It is reported that Treasury Agon' Tingle will investigate. A large number of goods were removed from the Bet ok to a public auction room where juantity of cigars, lace, &c., are to be sold on Pebruary. POSTAL DEPARTURES. On February 8, the sixty gontlemen who have been weighing the mails sent from the New York General Post Office to the West, over the grand trunk railway lines, will be discharged. Unfortunately for them, there are 20 vacancies to be made which they can fill, Between the 16th and 20th of February, the six gentle- mea who bave been acting as accountants in the bureag of the United States Kallway Mail Service, of which the weighers were & part, will receive their notes of dis- the 2d o! i This branch of the servico was organized on Decem- ber 1, 1875, by Mr. Theodore N. Vail, Assistant Genoral Superintendent of the Railway Mail for the of fixing the rate of com; to be given three trunk lines of railway westward New York on by them. weighers at the depots and the ac- Post have been paid at the rate $2.00 per diem. The compensation will be fixed as soon after February § asthe accountants can make On Fovroary 1 Superintendent Washington, ‘and bis position here w all INVESTIGATING THE BROOKLYN DE- PARTMENTS. The special committos of five appointed by the Brooklyn Common Council to investigate the different departments of the city government, with a view to re- trenchment and reform, met yesterday afternoon at the City Hall, Aldermen Row! , Gw Jen- Bison ard wore Bass bya number of officials and citizens were in attendance as After a conference the republican rmen, who constitute a majority of the committee, it was re- solved to go into gxecutive session, The committee then adjourned to the Mayor's office, where they held a meeting occupying about four hours, it we believed Vhat they bad under consideration the sof Ciw Works will return to be Alled by Mr, the average weight of mail matter | To escertain the a nd } ing statements, and instructed them to furnish with their names, the names of parties thoy represented and the location of the property owned by these parties before the next ere, The commission then adjourned, to meet next Mon- day, at eleven A, M. a OUR STREET LAMPS. Few cities, {f any, possess more natural advan. tages, either with respect to water privileges or topo- graphical situation, than New York; and yet, with everything in her favor, there ia hardly any place of importance that impresses the traveller or sojourner lesa favorably at first sight than does the metropolis of Amertea, With an inadequate means of railroad transportation, walks littered with all sorts of encum- brances, the view and beauty of the streets obstructed vy long lines of unsightly tolograph poles, those wha for the first timo visit N: York must, indeed, be sadly disappointed. Ata distance from our elty poo- ple are apt to look upon her in thetr Imaginations as a model of cleanliness, tidiness, neatuess, while, im fact, the emporium of American commorce—famous at once for her enterprise and her prosperity—is the dirtiest, most wretchedly kept and worst governed place, almost, that coula benauet, : Take, for instance, our street lamps as an example it int We have a street her inspector who earns hi¢ 2,000 @ year, & salary that would be considered rincely by a Dutch burgomaster, Yet our street Bop ispector, who is even allowed a horse, and three or four assistants to aid him, fails to keep the lamps in. anything like good trim. Tho Henao first suggested, in years gone by, the idea of painting street ames on lamps along the public thoroughfares; and th: beon adopted by soveral cities in various parts of the country. While the plan was carried oat as intended the results were perfectly satisfactory; but just now a newly arrived person—or for that matter, the oldest in- habitant—may wander up and down for halfa mile with. out being able to see the name of a street on any of the amps. The glass strips on which the street names are inted get broken and our tnacti lamp superin- ndent omits to replace them; the strips are some- times inverted, so that It would require the boholder to walk on bi in order to read them aright, and in this careles: they are allowed to remain for weeks and months together without recoiving tho least atten- tion from our $2,000 salaried official. Then, again, the street signs are often seen with “Broadway,” directi the bewildered travoller down some obscure side street; pointing ap and down Broadway, giving the in- quiring tourist to know that we have a back street in New York that might compare very favorably with many of their show thoroughfares in other cities, At many of the street corners blank strips of somi opaque booed on which the signs were once iainted (he the displeased eye, and the traveller Is left in blissful ignorance of his beari: point of departure or objcetive polut, Tho reason ot this is that the strect glass Cy which should be painted in oil, are dabbcd on with Iampbiack and tur- utine, and the first shower of rain obliterates the let- tors, But this ene matter to the contractor or the superintendent. e taxpayers are per on the price of a good sign; tho ay tesainne a useless one, and the corrupt people employed by the Corporation pocket the profits. During the Peirce 3 spring, summer and fall there will be a vast influx of visitors to New York from all parts of the civilized world, and it is very dosirable that our house should be put in some sort of order to roceive $0 many guests, t the streets be cleared of all encumbrances—telegraph poles inclidod—let them be cleaned, and let as have signs on the corner lamps at cach street crossing, in order that the pi and the'stranger who is within our walls Le? know in what direction we are travelling, There should be @ better method of Icttering the lamp signs than ia ‘use at prosent; a colored ground with colorless letters might be tried with advantage, THE FENIAN CONVENTION. THE OLD REVOLUTIONARY FRATERNITY AT ACTIVE WORK. The fourteenth annual Convention of the Fenian Brotherhood was inaugurated yesterday forenoon in Military Hall, No. 198 Bowery. The brotherhood was represented by a strong delegation from the district of Manhattan and by delegates or proxies from cireles that aro working in Georgetown, Col.; Walla Walla, W. T. ; Fort Colville, ldaho; Fort McKevitt, Texas; Fortress Monroe, Va; Hurricane Island and Lewiston, Me. ; also from Pennsylvania, Illinois and New Jersey; and representatives from Massachusetts and other States are ex] to put in their appearance to-day, Colonel John O'Mahony, Head Centre Fenian Brotherhood, called the meoting to order, and tnea read the Central Council's call for the assembling of the fourteenth genera! Convention of the brotherhood, After this the ‘Biavention went into the election of tempora cers, Ger F, F. Millen was unanimously chosen ag chairman and Mr. Maurice C. O'Brien as secretary, Upon taking his seat the temporary chairman limited his remarks to thanking the Convention for the honor conferred by electing him. The Con 101 't went into the election of a Com. mittee on Credentials, and chose the following named delegates 4 be one rage Sullivan, Chicago, ; WwW. co! japhattan; Thom: O'Brien, prooklya; Thomas McCann, Trenton, N, re} William Keanelly, New York; Luke ‘Clarke, Pennsytt yonia; Jobn O'Brien, Paterson, N. J.; Patrick MoGaby, Brooklyn; Thomas Dwyer, New York. The Committee on Credontiais having rendered their report, the business of electing a committee on per manent organization came up for discussion, and it was Onally resolved that the Commitee on Credentials Bhi be constituted a body to report upon the per- manent form of o1 ization to be adopted, At @ juarter after one o'clock P. M. a reces#ot an hour was to enable the committes to discharge the duties imposed by the Convention. pon reassembling the Committce on Permanent Organization reported the following a to ve the regular officers of the Conventiol George Smith, New York; First Vice Presi (CONTINUED ON NINTH PAGE.)