The New York Herald Newspaper, January 29, 1876, Page 8

8 “THE COURTS. | Dolan’s Conviction Sustained by the Supreme Court, General Term. | Order to Fix the Day for Execution. PRACTICE OF CARRYING PISTOLS. —— The Rival Commiesioners of Jurors. aaa SALE OF THE PARK THEATRE, ‘The Supreme Court, General Term, gave its decision | yosterday on the writ of érror and stay of proceedings | in the case of John Dolan, eonvieted in the Court of Oyer and Terminer of the murder of James M. Noo, Tie conviction in the Oyer and Terminer is sustained, and the reasons, for such decision are embodied ina | lengthy opinion by Judge Daniels, in which Judges | Davis and Brady coneur, Judge Daniels first takes up the “plea in abatement,” averring that the Grand Jury presenting the indictment was not lawfully organized. The objection is held not to be tenable, as also a similar objection taken to the petit jurors, Inasmuch as these objections were the grounds on which the writ of error and stay were granted he examines them at consid- erable length, because, if the same proved well founded, thore would at once follow an arrest of the administra- { tion of justice in both civil and criminal | cases, so far as that depended upon the Inter. | vention of either grand or petit jurors, becanse no grand jury could be organized in the county of New York, no indictments found for orlies, committed and Do trials on indictments heretofore presented. A carnival Of unrestrained crime would then de assured, as shock- ing to contemplate as it would be destructive to the good order and security of society, There might as Well bo complete abrogation of all criminal Jawa, for it Would at ooce suspond their execution. Courts of jug- tice could only bo excused in allowing their existence for the most irresistible and controlling reasons, Pub- lie security should not be exposed to even doubtful peri! on insufficient grounds, He takes up the objec- tion to the drawing of the panel by Mr. Dunlap as Commissioner of Jurora, instead of Mr. Taylor, who ¢laimed to be Commissioner de jure, He holds that Mr. Dunlap was. Commissionor de facto, whieh un- swered cvery purpose, and that the list from which the jury was drawn was a proper list, As to the objection that the Court of Oyer and Terminer had no jurisdic- tion over the case, because it does not appear on the record that the order transferring the caso from the Court of Sessions was entered in the minutes of the latter Court, be holds that the presumption is that the fact of an order of transfer haying been made, | the same was entered on the minutes, He next takos up the objection that the General Sessions could not | transfer the indictment watil the end of its term. In “his opinion there was nothing in the record showing that itdid that before the end of the term, At ail | eventa, lie holds it was perfectly legal to send the case | to the Oyer and Terminer, even if it was at the time in session, He overrales further the objection that two felonies cannot properly be | alleged in one count of an indictment, ~ The | statute has been so framed as to require this combina- tion of the felony with the moral act to crease the ermme of murder in the first degree whore death is not the result of deliberation and premeditation, He next | takes up the exceptions by prisoner’s counsel to the refusal of the Court to charge certain requests, neither of which exceptions, he holds, he could sustain, Judgo Barrett is sustained also in his ordering a plea of “not guilty’? to be entered for the prisoner and directing the | trial to proceed. He holds, in concturion, that the ve dict is not inconsistont with the indictment, and ths no error hag been established in the case. But ohe duty was left to the Court; that was to confirm the judgment and remit the case te the Court of Oyer and | Terminer to designate the day for its execution apd | carry the same into effect. Immediately on the above decision motion was made by District Attorney Phelps that the judgment of tho Oyer and Torminer be made the judgment of the Gen- eral Term, and thatthe record of the Oyer and Ter- taincr be remanded to said Court with directions to fix @ day for carrying out the sentence of execution. The motion was granted. As the case now stands the Court of Oyer and Ter- miner, at ils next gession, must refix the day for Dolan's execution. Unless the prisoner’s counsel can obtain arccond writ of error and stay, 80 ws to ctfry tho cage to the Court of Appeals, his execution must taxe piace on the day to be fixed by the Court of Oyer | and Terminer, parsuant to the above decision of the | General Term. CARRYING PISTOLS. An important decision was given yesterday by the | General Term of the Supreme Court, Jadge Brady writing the opinion, regarding the practice of carrying pistols. It was on the appeal of Wilham Tuite from a conviction in the Genera) Sessions of felonious assault, The Court decides that the exceptions taken on the trialare of no avail, and that judgment must be affirmed. Jodge Brady im his opinion says;—Fho plaintiff in error is the victim ofa practice which the Légisiature should control by proper limitations, Tho posession of a pistol leads to its use upon any Slight provocation and in the absence of that | real danger which demands its employment for protection. Jt provokes a disputatious and bel- erent spirit, and places the lives of men in peril, | when, from ‘surrounding circumstances, until that weapon is drawn, there 1s no suggestion of danger. A brave man may carry a pistol with safety to his own bfe and liberty, but a timorcus wan Cannot do so. The | former will use it when the peri} of his limbs or hfe requires it; (he latter, in all probability, when there 1s no necessity. * * * If the Legislature shall permit a isto! to be carried concealed upon the person, ouly upon reense, and provide severe punishment for a violation of the law in.that respect, there will be a diminution of crimes by violence which will more than compensate the people for the slight inconvenience of ap- plying ior the privilege of carrying the weapon named. It will undowbtediy increase the pub. lie vafety. It will secure to men of good | reputation, whose exposure may require it, the mght | to carry the pistol, while thieves, burglars and violent drunkards en of bad reputation, to whom Do Heense would be granted, will subject themselves to she penalty if they violate the law—a double punish- | Ment if caught with it while attempting or after ing perpotrated a erime. By such a statute the peace. able, Isw-abiding citizen would have the advantage over the reckless and tho lawless; a superior place to which he is entitled. The practice mentioned, how- | ever, one that the courts cagnot contro], The | remedy lies with the Legislature.’ His conelosions are, that the charge, considered in is entirety, gave to the prisoner upon afair review of the evidence, | conflicting as it was, the benefit of all the facts devel- oped and of atl rules of law applicable to the dofence in the theories which it presented, COMMISSIONER OF JURORS. The controversy between Douglas Taylor and Thomas Donlap in rogard to the office of Commissioner of Ju- rors baving boon taken to the Supreme Court, General Term, on appeal from the judgment of the Court be- | Jow, declaring Mr, Dunlap to be the legal incurabent of | the office, decision was given yesterday on the appeal The following is the decision, which it will be geen is simply pro forma to enable the case to be carried to the Court of Appeals:—“Per cyriam: The question in- volved in this case is one of much public mtorest, as it directly affects the title to an important public office, and indirectly the administration of the jury stem of | the = city and = county of Now York. The question will be, as tought to be, determined ultimately by the court of last resort, and the more speedily that determination ye seeured the better for the public as well as for the pees in interest. An affirmance of the judgment will ing the question before the Court of Appeals, now in eorsion, Most promptly, without the embarrasement apd delay that might result trom reversal and order for @ pew trial, We think the care one in which we are fully Justified in giving the direction which will enable the parties soonest to reach a final decision, and for this purpose we dircot that the judgment be aiirmed.’ THE UPTOWN PUBLIC DRIVE. | The Commissioncrs of Estimate and Assessment in the matter of laying out the public drive from 155th | street to the Kingsbridge road, award $1,547 to un- | known owners. Two partics, George Grinnell and Jobn Dalley, claimed to be entitled to the award and the Jand in question for which the award was made, being a portion of 157th street. The matior was sent belore a referee, who red in favor of Grinnell, Ap: al Was taken on behalf of Dalley to tho Supreme pray Term, which gave its decision yester- day, Judgo Brady writing the opiniow. Alter reviewing all the facts and reciting the law applicable to the case, Court reverses the order below and remands it to Court, to be disposed of according to this decision of the General Tern, which ia that, in comsequence of the dedication of the labd to public ase, oply a norainal | sum could be aworded according to the laws of the | THE’ PARK THEATRE. | In March, 1868, the lots at the corner of Twenty-sec- ond strect and Broadway were leased by the New York | Insurance and Trust Company to Jaroes Pursell for twen- fy one years, with privilege of renewal. In 1873 Pursell | mortgaged tire leane to Dion Boucicault, who oesigned | the mortgage to Riggs & Co., the Washington bankers. | Parl tre was then builagby St. the lote the present Park Theat , 4 | Woreell, which he leased to Wiliam | Store was worth about $45,000, | the Columbia Fire Insurahce Company for $25,000 He | from NEW YORK uently the mortgage was soreciosed, and at the sale under ‘such foreclosure was bought by Michael aud Frederick H. Gross for 000 and their paying ten per cent on the: Application was inade to the Court to be relieved from the pur- chase, Which application was dented and an order en- tered compelling them to the purchase. An appeal was taken from this order, and the case was 4 at considerable Jeugth: yeu y before the Su- preme Court, General Term. bebalf of the appel- ants it was claimed that the title was impertect, while, on the other hand, it was coptended that the purchase was made with a full knowledge of all the circum- stances of the case Decision reserved. THE MARSHALL ARSON CASE. ‘The trial of Francis F. Marehall, indicted for arson in the third degree, in having, a8 the complarmt alleged, set fire to the store No. 364 Bowery, kept by bimself and wife (formerly Mrs. Shaw) for the ste of human hatr, was concluded yesterday before Judge Gilder- sleeve. The jury was empanelied on Monday last, and the case oceupied the attention of the Court during the entire week, Assistant District Attorney Herring, who conducted the prosecution, proved that on Sunday, July 11, the accused with his family entered a carriage 4 rove off, Ten minutes later his premises were found to be on fire, aud the authorities on en- tering found flames and smoke issuing from two separate closets, while on the floor a rubber gas wubo was lying with theegas turned on and rapidly filling the apartment, Mr, Herring argued that the accused had lighted the tires and then turned on the gas, be- lieving that an explosion would follow, The defence brought witnesses to prove that the gas stove had been lighted shortly before leaving the house on the day of the flre by one of the young women of the family for the pares of beating her crimping irons, and that the gaa Yall Yeon turned on for that purpose, It was testified by the accused that the stock on band in the It wus insured im presented a claim against that company for $2,274, alleged loss by the burning. Counselior William F. Howe summed up for the defence and Mr. Herring for the peuple. Judge Gildersloove then dolivered the Jongest and most tmportant charge he has hie been called fpon to give After reviewing the evi- dence presente? on both sides and __pre- senting thet gist of it to the jary in the clearest blo light, be continued:—Thero is no direct or positive proof 10 incon. diarigm, No witness has testified directly to the princigal fact to be proved—I mean by that the incendiarism. If you are to arrive at it it must be by a serics of other facts, which you believe aro associated with the fact In question in the relation of cause and effect, so that they lead your minds to a satisfactory and certain conclusion, Circumstantial evidence is founded Opon experience and observed facts and con- clusions, showing a connection between known and proved tacts and the facts sought tobe proved Is there such a connection tn this case? 1 have hot un- dertaken to state all the facts and circumstances proven. So fare as I recollect 1 endeay- ored to call your attention to the main points, Now you are to take {nto consideration all the facts and circumstances as tostified to by all the witnesses, both for and against the prisoner, and say if in this case there js such a connection be- | tween the tact#and circumstances testifted to and the fact to be provén that you can say that tact aleo ox- ists, From the circumstances proven and the facts bo- fore ‘you can you couclude that the fact exists on whleli there 1s no direct prool? You muat draw your conclusions frem the evidence, not forgetting that your obligations are toward the public as well ag the prisoner. Lay aside all preju- dice and dismiss all consequences of your verdict your winds; apply to the consideration of the evidence your own yood common senso, not imagining that because yor are in a court of jastice you are to use-otber sense or judgo with other judg- iment than If you Were in your own counting rooms or by your owf firesides, and a true verdict render ac- rding to the evxtence, And if, upon all the evidence id in view of the testimony gtven by witnesses as to character—after glving that testimony as to good char- ter due consideration, and allowing it to have such wetght upon your minds, such mucnce upon your minds, in deterinining the weight of any other testi- mony in the case ag you may think it entitled to—if, then, you have any jair and reasonable doubt as to the guilt of the prigoner, give him the benefit of the doubt aod acquit him, The jury then retired to detiderate. The jury returned at about a quarter to. eight and in- formed the Court that they were anabic to agree, where- upon the Judge deglared that, owing to the simple char- ter of the evidetice Involved and the jury’s acknow!- edged Inck of any legal tangle, he thoughi it betooved the interesis of both Of the people and prisoner that they should carry out their deliberations further and endeavor to arrive at a verdict. ‘Ata lew minutes past nine the Jory announced to Judge Gildereleeve that they were inadle to agree apon & yeruict, Wheroupon they were discharged with the thanks of the Court for their faithful consideration of the case. Mr. Howe immediately gave notice that on Bo. y next he should move that a reasonable amount of bail be set. Thejury stood mine for acquittal and threo for conviction, VERDICT IN BANKRUPTCY. In the United Stes Circuit Court, civil branch, be- fore Judge Shipman, yesterday, tho case of W. R Baldwin, assignee of Henry B. Nichols, in bankruptey, against John Henyon, tv recover the value of certain | personal property amounting to $1,840, which Nichols had transterred to defendant on or about April 1, 1873, was given to the jury. Nichols was declared a bank- | rupt on or about May 6, 1873, and it was claimed that | the transfer was contrary to the provisions of section 35 ofthe Bankrupt law as it existed prior to the aibendment of June 22, 1874 Bection 35 of sald law provided = that the — croditors should have reasonable cause to believe that the debtor was insolvent, and that the transfer was made for the purpose of making an cqual distribution of Ins asvets among his creditors generally, The amendment added the word “knowing” after “reason- able cause to Leheve.”’ Tn this case, the debtor baving been adjudicated a bankrupt before the amendment, the Court held that the amendment did not apply to this case, The jury, after an absence of several hours, during which time they gent for the law, rendered a verdict for plaintif of $1,840, with interest from June 28, 1873. THE PACIFIC MAIL SUIT. The examination of witnesses m the suit of the c Mail Steamship Company against William §, King was continued yesterday, at room 109 Drexel Building, before Edwin M. Wright, hotary public, as Commissioner, Mr. Theodore T. Jobnston testified that the 10,000 shares of Pacitlc Mail specified in the agreement of October 22, 1873, were dehvered to Mr, Russell Sage; the first deliveries of 9,000 or 4,000 shares were to Mr, Sago individually; afterwards the matter was pre- sented to the Board by Mr, Francis Alexandre, who said the shares ought not to stand in the name of Sage, | and they were transferred to a committee in trust; tho shares were sold from time to time during the next four months, the price paid being from 40 to 41%; | sales were rendered and put on recor Mr. Sage was particularly prominent in the cancella- tion of the March agreoment, and atter him Mr, Park; others acquiesced; Mr, Sage si 10,000 shares ho had got certainty for un. certainty; the report of the attorney of y respecting the validity of the mortgage was do not know whethor the mortgago and scenri- ties were accepted by any member in private dealings with Stockwell; the records will show; Mossrs. Scott and Hatch, on thelr return from Washington, do. nounced Sage’s actron; they charged that it was a cor- rupt bargain between Siockwoll and other members, and accused Sage of speculating to puts and calls and of selling etock short; a great deal of dissatisfaction grew out of these transactions; there were many stormy meetings, and the result was that Mr, Sage ro- signed; Messrs, Hatch and Scott threatencd, unless Sage resigned, to expoge hts motives in delivering up the rclease; subsequently they requested the Board to authorize them to take proceedings against Sage for the recovery of the money, but the Board took wo ac- tion on the matter; Mr, Park said that it would bo acting in bad faith toward Mr. Stockweil to proceed on those checks; Mr. Hatch wished to proce @ check for $130,500, 10 favor of Mr. Stock- well, was brought before the Board, and an aitempt which was finally successful was made to chargo it to the Pacific Mai! Steamship Company as aioan, Mr. Park at this time was a director in both the Panama and the Pacific Mail companics, and the question was as to who should lose that inoney; Mr. Fark on that occasion approved of the prosecution of the claims against Stockwell, and Mr. Hatch said he would guarantee the recovery of the amount, provided authority was given him to proceed; the check re- nains still uncollected. The wit hen stated that by the terms of the October agreement Mr, Stockwoll was given «ix months to deliver to the company the 10,000 shares of stock in | question, he receiving in return « full and absolute discharge of ali claims of the company against | him, agreement was then read, aud it was found that the poriod given extended to seven months and no. discharge was provided for. | In reply to the question whethor jt was charged in the Board when Messrs, Sago, Stockwell and Park were preveut that one of the directors had received $100,000 for the delivery of this release, the | Witness stated that the charge was tot maile when Board was in session; he could not sa her in which tho $100,000 was transferred from-tho pockets of Mr. Stockwell to another director was pointed out; the charge, however, was not denied in my Learig; the director was present when the charges were made agsinst him; I cannot givo the names of all | those present, | The preamble and resolutions adopted October, 1873, | Wero then read from the minute They provided t op the delivery by Stockwell to t p company of 10,000 shares of Pacite Mail mutual releases should be ex. | | ecuted and the suite in progress discontinned. Tho | exapination of Mr, Jobnet bomg contin- ued, he testified that the releases were uiade | and delivered, he being — present at tho time; the mortgage of tbe Home Sewing Machine Com. | pony went into the hands of Mr. Stockwell; cannot trace it furtwer; do not yw where Mr. Park wae wien delivery was made and exenuted; im bbe Iudigna- that in getting the | the | | defendant; defendant Dusenbury personally hablo, | SUPREME ‘COURT—GENERAL TERM, that the man. | HERALD, SATURDAY, Hon took a Sendiation was Park did not resi of ine ae hé continced in and was quite active er "e Messra, Hatch and Scott the prosecu- the Pp tion of the claims against kwell, anithey were | supported by Messrs, Alexaydre, Smith and Osborne; | Mr. Park opposed it op the ground tpat it would vot be acting in good faith toward Mr. Stockwell; do net | recollect the action taken by other members of the Board; go far.as I know the suits remain unprosecuti to-day, except those against Irwin and King. - Adjoarned. ARREST OF EXJUSTICE SHANDLEY. Some time since a judgment was recovered against ex-Police Justice and ex- Alderman Eaward J. Shandiey for the sum of $310 82 at the suit of Isaac J. Oliver for 4 printing bill contracted during election times, Exe- caution was issued and returned unsatisfied. Afterward an execution was issued against the person under the Sullwell act, and yesterday defendant was arrested by @ Deputy Sheriff. He was brought before Judge Goepp, of the Marine Court, who permitted him to go on his own recoguisance until Monday next, SUMMARY OF LAW CASES. Ex-Judge Henry E. Davies and Wilson G. Hunt have been appointed by Judge Davis elisors in the Sweeny $7,000,000 suit, In the suit of James Morgan against the Belt Line Railroad Company, tried betore Judge Van Brant in the Court of Common Pleas, wheroin the plaintit sought to recover $10,000 damages for injuries sus- tained by a truck colliding with one of the cars, the Jury yesterday rendered a verdict in favor of the dox | fendant, The Supreme Court, General Term, yesterday sus- | pended Mr, Robert N, Waite for onc year from the practice of his profession, The merits of the case have already been reported. In its opinion the Court says | that only the good character of Mr. Waite prevented his expulsion, A motion will be made this morning in the United Stated Circuit Court, criminal branch, before Judge Benedict, to admit to ball Charles L. Lawrence, charged with violation of the internal revenue laws. This case | grows out of the alleged smuggling of merchandise firing the term of Deputy Collector Anges. A temporary injunction restraining Beujamin W. Hitchcock, George W. Winship and another from giv. ing theatrical porformances in the Third Avenue Thea- tre until they pay their license fee was granted yoater- day hy Judge Barrett on application of the Society for | the Reformation of Juvenile Dolinquenta. ‘n the case of William Seaver, collector of John L Brown, who brought suit against the city to recover a certain percontage ‘on the latter's contract for grading nd regulating First avenue to 129th street, which has been on trial for three days before Judge Lawrence, in Supreme Coirt, Cireuit, a verdict was rendered yester- | day for $35,166 for the plaintiff, This was the whole anjount claimed, with interest. A motion was made Chambers, before Judge Lain to pay into court: moncy ebtained on an award to | unknown owners in the matter of opening Kleventh avenuo, from Harlem to Kingsbridgo, Quite an argu. ment ¢ , it being claimed that the money was legally taken, Judge Barrett reserved his decision in the mutter. In the United States Circuit Court, before Judge shipman, yesterday, the case of Henry Ly Dalton et al, ys. Charles Nejson ct al., in which action was brought | for an alleged infringement of a United States patent on steain gauge cooks, tfe argument was concluded. | The cage had been before the Court for five years, | Decision was reserved. Before the adjournment of the General Term of the Supreme Court yesterday Chiet Justice Davis an- | nounced to the legal gentlemen present a new rule | adopted by the Court. In consequence of litigants ol a general character being crowded out by preferred | causes and appeals from orders in futuro, no mattor | wh state of the calendar may be, the two last | weeks of cach term will be exclusively given to general calendar cases. An attachment was issued yesterday by Judge | Blavebiord, in the United States District Court, against | | the stearntoat Rarlem, of the New York and’ Harlem | | Steam Navigation Company. It was granted on affida- | | vitg of the owners of the schoouer Sunnyside, setting forth that the said schooner bad been damaged to the | extent of $1,000 by collision with the steamer Hurlom | fn October last, und charging the vflicers of sad steamer with violation of the uavigation laws. | ‘A suit has been brought by Wilham F, Buckley against the Directors of the Long Island Raileoad Com pany. The object is to restrain the directors fro | parting with 30,000 shares of the stock to the Flashing, | { Norn Side and Central Railroad and South Side Rail | road companies, and also to prevent the directors from resigning for the purpose of allowing the appointment | | of new directors. Itis claimed on the other side that | | they own the stock in question, and that they have a | | perfect right to dispose of i they see fit. After a | \ rtiol argument on the motion for an injunction, be Toro Judge Barrott, yesterday, the cuse was adjourned | for a further hearing. | The case of the two shoomakers, Cornelius Carroll and | Michael Sheedon, who were arrested for disorderly con- ductin front of the factory of Messrs, Hannan & Reddish, | No, 36 Warren street, and who sued out a writ of ha | | Deas corpus to obtain their discharge, was again befornd: | Judge Barrett yesterday morning. The prisoners’ | counsel claimed their discharge on the ground that they | had committed no offence and also on the ground of | irregularity in the proceedings agaimat them. The Police Justice's return was not shown, but a message | was given to Juage Barrett stating that the Justice was Willing to discharge the men on their own recog- nizances, Judge Barrett, however, concluded to dis- | migs the writ aud remanded the prisoners. | The case of Haviland Brothers vs. J. O'Donovan | Rossa was triod yesterday in tho Marine Court before Judge McAdam. ‘It was brought to recover tho price ofa cask ol brandy sold to defendant by plaintiffs’ agent, T. N. Dwyer, The brandy was in bond at the | time of the sale, Tha warehouse receipt was given to an expressman who took the brandy out of bond and aseumed its delivery to the defendant, It was denied vy the defendant that the brandy ever reached his piace, and there was considerable conflict on that point, The Court charged the jery that if they believed the omployment of the expreseinan be becaine then agent and he was answerable for his acte and omissions > and in that event the action could not be sustained, un- lees the brandy was actually delivered to the defend. ant; if, on the other hand, they found that the express- | man was employed by the defendant be became, in that event, the defendant's agent, and it was then im- | inatorial whether the expressman discharged his duty: | or not, as any delinquency on his part was entirely a matter between the expreastman and the defendant, | about which the plaintifis had no concern, and for which they Were in no way answerable. ‘The juty founda verdict for the plaintll, assessing the gold value of the brandy in currency at $103 DECISIONS. SUPREME COURT—CHAMBERS. By Judge Barrett. Green ys. Leveridge.—Henry Leveridgo has a right todefend as charges of fraud are made agaimst him; | plaintuf must give him a $250 bond, Alien vs. Misch.—Motion granted for first Friday of February Kabn va. Well. —Motion nied, with $10 costs, to be deducted from judgment. Memorandum. French vs, Stayvesant,—Injunction continued pen- | dente do, with $10 costs. Freeman vs, Buckstem.—Judgment opened so far as | to permit the defendant to interpose an answer and detence. Clark ve, Van Loon.—Motion denied with $10 costs, Mejnorandum. Mosser vs Krumm (Nos, | granted. Memorandums, New York Life Insurance Company vs. ton. — George N. Hale appointed receiver on giving a bond in jpesterday in Supreme Court, | arrett, to compe! Roe & Me ° | 1, 2 and 3).—Motions | $1, 000. < Murphy vs. Halsted. —Motion denied, with $10 costa, Cox ya Schrocder.—I am not satistied with the ad- ‘ journments which wore taken. They are not dated, and read in a somewhat uuintellgible manner, Give the defendant notice of settlement of the order of no- tice to appeal. Rosenthal vs. Dossau.—Motion to continue injane- | tion denied and temporary injunction dissolved with | $10 costs. Memorandum. | Boyer vs. Haas.—Motion deniod, Momorandaum. | Bryant vs the Mayor, &c,—Motion denied, with $10 cost Memorandut. 48 vs. MeGuckin,—Motion denied, with $10 costa | Memorandam. | Chase ve, Sperling.—Referred to Mr. Charles H. Heil. | | breth, reference to proceed on two days’ notice, and | motion can be brought up again on the report on two | days’ notice, Momorandum, | By-Judgo Lawrence. West ve. the Mayor, &c.—Motion to vacate or reduce amount of the judgment is denied, with costs, Opinion. SUPERIOR COURT— SPECIAL TERM, By Judge Sedgwick. | Jones v8. Roach.—Case must be engrossed before the filing. (See rule, Papers left with clerk at Special | Torm.) | By Judge Speir, Koiley, &e., ve. Hrier et al,—The judgment must be | in accordance with the findings, and’ decision holding } By Judges Davie, Daniels and Brady, Bache vs. Purcell —Judgment aitrmed, with costs, | Opinion by Judge Davis. j Matter of Jackson, &,.—Orders reversed; referee's | report confirmed, but without costs, Opinion by Judge Daniels. Morange vs. Waldron.—Order so far modified as to require defendant to stipulate not to bring action for faise imprisonment ané affirmed as moditied, with $10 costs and disbursements, Opinion by Judge Dauiola, | Brooks vs. Stern, &e.—Judgment afirmed, Upinion | by Judge Davia, Browster vs, Manning.—Judgment affirmed, Opinion by Judge Davis, | @ ste &e., vs. The People, &c.—Judgment af- frm Opinion by Judge Davis, Jacobowsky, &c., vs, The People, &c.—Judgment af | firmed. Opinion by Judge Daniels. Abrams, &c, vs. The People, &¢e.—Judgment re- versed; new trial granted, Opinion by Judge Davis, Kelly, &c., va The People, o —adeate t reversed; new trial directed. Opinion by Judge Dai ie Riefe ot al. vs Webster et al.—Order affirmed, with tall costs and disbursements, Opinion by Judgo | Brady. . Foshay vs. La Roche,—Judgment aflrmed. Opinion by Judge Brady. MeVey, &c., vs. Cantrell —Judgment ‘affirmed, with 8. | costs and disbursements. | and finding him ‘n the room at the above place, drew a | Doth sides, was adjourned until Monday next, | against | of $260 counsel fee and | custody of the children by order of the Court. Mra, costs, Opinion by Judge Danicls. Joba Dolan, &o., ve People, &j—J! bat frmea, Omhion be Jedge Daniela bags | ‘The rel Taylor ve, Danlap,—Judgment af- per curium. “Gehman baste Wo —Orger aGirmed, with, $10 costs, and with loave for plaintiff to amend on payment of costs. Opinion by Judge Davis. Audonried et al. vs. Wilson.—Order modiies 2 as to allow the trial fecs for the issuo of fact and law, pro- vided, howevef, in regard to the latter issue that one had taken place prior to the stipulation. Affirmed Tor the residue, Opinion by Judge Brady, Weld va, Comers et al.—Order affirmed, with $10 costs and disbursements. Opinion by Judge Brady. Spears et al. va, Matthews. —Order affirmed, with $10 costs and disbursements, Opinion by Judge Brady. Cushman ve, Wood.—Order aifirmed, with $10 costs, with Jeave to defendant to answer over on payment of costs. Opinion by Judge Davis. Harden vs, Corbets,—Order reversed, with $10 costs and disbursements and motion granted, Opinion by | Judge Davis, Suite vs The People, &c —Judgment affirmed Opin- ion by Judge Brady. Berringor vs. Wengerroth.—Judgment new trial ordered; costs to abide event, Judge Brady. Barber vs. Clark.—Jadgment afrmed. Opinion by Judge Brady. Strong, &¢., vs. New York omit Manufacturing ney. et al—Judgment aflirmed, Opinion by Judge | rady. Vanderip vs. Keiser et al,—Judgment aM@rmed. | Opinion by Judge Braay, Matter of Department of Public Works, &c.—Order reversed and procecding remanded to court below, to be disposed of according to this opiuion, without costs. Opipien by Judge Brady. Goward ys, Lacey.—Order reversed, with $10 costs and disbursements; motion below denied, with costs, Opivion by Judge Davis, Chase va, Lord and another.—Order affrmed, with $10 costs and disbursements. Opinion by Judge Davis. Salomon vs, Praag —Judgment alfirmed. Opin- fon by Judge Brady, Embury vs. Sheldon.—Judgment affirmed. Opinion by Judge Brady, The Poople ex rel Crommins ve. Morgan ct al.— Judgment affirmed, Opinion by Judge Brady. Cowden et al ys. Seale,—Order aftirmed. by Judge Brady. | Parker ve. Gino et al.—Order affirmed, with $10 coats and disbursements, Opinion per curium. Crandall ct al. vs, Kaye —Order aM@rmed, with $10 Opinion by Judge Brady. Slade ve. Wileon.—Judgment reversed aud new {rial — costs to abide the event, Opinion by Judge rudy. Dolan vs, The Mayor, &¢e,—Judgment affirmed. Opinion by Judge Daniels. ocky Mountain National Bank vs. Bliss, &c.—Order reversed and motion granted. Opinion by Judge Davis. Matter of Fletcher au@ another.—Order to show | cause digebarged as to George H. Fletcher; as to Rob- ert N, Waite, ordered that he be suspended trom prac- tising as attorney and counsellor in all tbe courts of the State for the period of one year, commoncing at the date of entry of the order Loreon. Platt, &e., va Platt.—Order of Justice Westbrook | affirmed, with $10 costa, besides disbursements, Platt vs. Plait.—Order of Justice Donohue denyin, motion to modify order of Justice Westbrook affirmed, with $10 costs, besides disbursements. TOMBS POLICE COURT. Before Judge Flammer. ROW IN A LAWYER'S OFFICE. Yemterday James M. Clark, a real estate agout, doing business at No, 11 Wall street, went into the office of Frank Rudd and D. A. Casserly, lawyers, No. 145 Broadway, and had somo conversation with Mr, Rudd | im reference toa case that the latter was conducting against him, When the matier had been apparently settled Mr, Clark produced a paper which he said was a | retraction of insulting Janguage included in a letter ; which he had received from Mr. Rudd and which he roquosted him to sign. Mr, Rudd refused and retained the document, whercupou Mr. Clark struck a fighting attitude and’ sparred wildly around the room, At this stage Mr. Rudd called in Mr, Casserly ag a witness and roquested Mr, Clark to desist from his belligerent demonstrations. ‘Mr. Clark persisted, apd | Mr. Rudd told his oflice boy, Mathias Gibson, to go for | a policoman. As the boy was going out Mr. Clark struck | him, whereupon Mr. Casserly struck Mr. Clark, Jus- tice Flammer dismissed the case, as Mr. Clark was shown to have been the aggressor. WASHINGTON PLACE POLICE COURT. Betore Judge Morgan. THE GREENE STREET SHOOTING CASE. Tauvie Desire was charged with firing a pistol, loaded with powder and ball, at Emil Rosier, of No, 209 Greene Street, It appears that Desire got jealous of Rosier, reversed; Opinion by Opinion | i | i pistol and fred at him. The pistol was a single bar- Teiled one, and before further damage was done the | would be murderer was arrested. The bullet only | stashed a mirror. Ho was held in $1,500 to answer, THE DENMARE CAGE. OMicer Sharpe, of the Ninth precinct, brought Will jam H, White and Charles West before Judge Morgan and charged them with violently assaulting” Philip Keating on” board the steamship Denmark. As Kea ing retused to make a complaint ge prisoners were ‘Gischarged. ns ES princess THE BANK MESSENGEE ROBBERY, ‘The examination in regard ta Henry Wilson, alias Joseph MoCosky, charged with stealing some money from a messenger of the Domestic Sewing Machine Company at the Bank of the Metropolis, was to have taken place yesterday, but, on cogsent of counsel on Several psrties from Nowark appeared in court to identity the prisoner, for it appears that a Mr, Windecker of shat city went to deposit $2,360 in the Newark echanics’ National Bank. He placed the money im | two pilgs before the cashier, Suddenly he felt a band on his Shoulder and the remark by a stranger, ‘You have dropped some money, sir.” He looked ‘on the floor and saw a dollar biil, en the stranger disap- red, but on the cashier counting the money it was Joana that ninety-five five-dollar bills were missing. Mr. Windecker, from the report in the Henan, bo- Neves that Wilson !s tho identical individual who has been ‘working’? the Newark banks for the past six | months, ESSEX MARKET POLICE COURT. Rofore Judge Smith. A BRUTAL HUSBAND. i Peter Retily, of No, 300 Madison street, a brutal- looking man, was brought up on a charge of cruelly beating his wife and children, His wife stated that on | ‘Thursdiy night he came home Intoxicated, drove ber- self and her children out into the street and then de- molisbed the furniture in the rooms which they occu- pied, Reilly, when brought to court, was still agres- sive and created a great deal of troubie in the prisoners’ box. Justice Smith committed him to the island for six months in default of $1,000 bail to keep the peace. POLICE COURT NOTES. At the Tombs Police Court yesterday Nicbolas Mar- | ray, of Nu. @4 Vesey street; Ernest H. Werhen, No, 272 Greenwich stroct, Heory Kareek, No. 86 Green- wich street; William Gulborth, No. 2 Morris street; games Froil, No. 55 Vesey street; Ernest Derulle, No 2Greonwich sirect; Bdward O'Grady, Peter Gordan, No, 6 Morris street; Willian E, Budiong, No. 50 Vesey | street, and John MéKeon, No, 24 New Charch street were all held in default of $100 bail for violation o the Exciso law. THE SPENCER DIVORCE CASE, The Spencer matrimonial misery case will not again occupy the attention of the courts, A few days agonoe tice was given at the office of the Clerk of the City Court of Brooklyn of the discontinuance of the suit of Thomas | = | G. Spencer against his wife Caroline, for divorce on | the ground of adultery, and the countereuit of the wife the husband on the same ground of action, About a year 0 Jadge Neilson granted an order giving Caroline an allowance 18 per week alimony. Tue husband is said to be worth $39,000 in real estate in Brookiyn. It is alleged that since that time tne hus- band instituted proceeding? for abgolute divorce from ber in Chicago, and that se supplomented the suit with another ection for divorce from her husband on the | und of abandonment. During his absevce trom rookiyn quite a deficit accrued on the alimony ac. | count, and a compromise was elfected recently. Spencer agrecs by the compact to pay her #1,000 on her undertaking not to press the suit | against him to @ verdict, and to withdraw the right of | dower and all other claims, The compromise was | agreeable to both parties, aud they were duly divorced | vy the Illinois Court, The parties, who moved im the pest society in Brooklyn, were married fifteen years | ago, and have two children, The mother retains the Spencer wes formerly a member of the choir of Dr. | Cuyler's church. ‘The su:t was twice tried in Brooklyn. THE WILL OF NEIL DOUGHERTY. ‘The will of the Inte Neil Dougherty, of Brooklyn will be contested ina new form. Papers were served | by the counsel for Matgery Flynn, James Gannon and Mary Smullen against James J. Garvey, executor; Bernard Mclaughlin, Andrew P. Dougherty, Edward | Gluckeny Patrick Glucken, Daniel Glucken, James | phan Asylum, of Brooklyn; Jesse Johnson, Abraham | administrator. The complaint states that Mary Dougherty as executor, The grandfather of Mary aud dren—William Cannon, who left a daughver Marger; plaiotif, and James Cannon, who is the third MeDevitt, Bishop of Rapboo, parish of Rye, Donegal, Ireland, and trustee; Hugh Doherty, the Catholic Or- Lott, David Barnett, David R. Garniss, Thomas Hewitt, James K. Flanders and Henry J. Cullen as public Dougherty, died in Decomber, 1872, leaving $15,000, in | cash, in the Brooklyn Savings’ Bank, with Neil | Neil left as hoirs-at-law Denis ana Margery Dougherty, | Margery married Charles Caonon, aud bad three chil- | who married Walter Flynn and is one of the plainti | im this action; Mary married John Smullen, who is | | | anoth inti. Neil Dougherty left a property valued 3i"400,000. The wul'was Jamiuted ie phienk A without | the knowledge of the plaintiffs, and they allege that as to them the Surrogate of Kings county had no juris- diction to admit the will to probate. The plaintiffs | all and void, except the legacies pia, (fone the will is ni te McLaughlin and Kane, and cisim that, am wext of | | two-thirds vote. Application was made to Justice Gil- | posed of, but none of them of special importance, | sel for appetlant, and by George B. Bradley for re- | Bpondent. No. 145, John Hermans, trustee, &c., appellant, vs. | Almon Robertson, respondent.,—Argued by A. Haddon, | under the constitution of the State, ordered | Mass, $37: | United States, | United States. | FROM THE FRYINGPAN INTO THE | for grand larceny, Superintendent Wailing had bim re- JANUARY 29, 1876.—WITH SUPPLEMENT. Spi ae are entings vo are egy © the residue of 1 pereconts and realty. On Monday t ee a ane « Special Torm of the Supreme Court, Kings county. BROOKLYN'S MAN EATER. In the General Term of the Brooklyn City Court yes terday the motion for a new trial in the case of Walter Westlake againet Owen Yully was argued. Tully is @ | Myrtle avenue saloon keeper. In April last he bit off \ Westlake’s thumb on a Myrtle avenue car. The victim | of the outrage brought suit and recovered $6,000 damages. Tully was tried in the Court of Sessions and convicted of mayhem. He will be brought before Judge Moore and sentenced to-day. The decision of the Court was reserved on the motion for a new trial of the civil suit, MANDAMUS TO A BOARD OF SUPERVISORS. | The Town Board of Newtown petitioned.the Board of Supervisors of Queens County to grant power to issue town bonds to the amount of $60,000 for tho improve- | ment of Myrtle avenue, A majority of the Board voted in favor of the petition, but the chairman, Supervisor Brinckerhoff, of Jamaica, decided that it required a bert by the counsel for the petitioners, the Hon. J. Bradford Prince, tor @ mandamus to compel the chair- man and clerk of the Board to declare the motion car- | ried, as the Board were acting under no rule which would make a two-thirds vote necessary. Judge Arm- strong, for the Board, argued to the contrary; but Justice Gilbert, who reserved his decision, has just rendered a decision sustaining Mr. Prince’s view. It is ‘understood that ab appeal will be taken, STATEN ISLAND CRIME. The Richmond County Court and Court of Sessions, Judge Wostervelt presiding, has adjourned after a four days’ session, A largo number of civil cases were dis- Among the criminal cases was that of Bernard Burns, indicted for an attempt to kill one Mahoney by shoot ing, at the residence of Dr. Munday, West Brighton, and that of William Brown for attempted rape, They were sentenced to three months each in the Kings County Penitentiary, Wilham Killmeyer, saloon keeper at Kreischerville, was arraigned to answer for ill treatment of Joseph ing at his saloon last win- ter, It was alloged that Higgins was furnished with two half pints of liquor by Killmeyer, and, when drunk, was put out Into an outhouse, where be was | badly frozen, The next morning he was taken in an open wagon by ‘an officer, he having on only one boot and a pair of overalis, and thus carted over a frozen road to Tottenville, a distance of four miles, where he was taken before a justice, who admitted him to the County Poorhouse. “After another drive of ten miles over s rough road the Poorhouso was reached, when the man was found to bem adying condition, The Superintendent of the institution, Mr. Thomas McUor- mack, did everything in his power to save his life, but it was too late. The jury disagreed as to Killmeyer’s culpability, standing sevén for conviction and five for acquittal THE PATERSON ASSESSORS’ TRIAL, The jury in the case of the Paterson Tax Commission- ers, which went out on Thursday noon, came into Court yesterday several times, saying that they were unable to agree upon a verdicl Judge Dixon, however, re- fused to discharge them and they are still out, : Yosterday afternoon, at the adjournment of the Court, Judge Dixon called up Constable Patrick Lynch, who is bondsman for one of the defendants in this case, when the Judge told Lyneb he had heard he had been in company with some of the jurymon last Wednesday night and had treated them, Constable Lynch replied that he had met some of the jurymon, as stated, and they had taken some drinks and cigars at his expense, but that nothing had been said about the tial. Dixon thereupon discharged Coustable Lynch from further attendanco at the present term of Court and directed him to appear this morning with bail for his appearance to answer probable mdictsnent by the next Grand Jury. Nothing that has occurred in the Pater- 60D courts in a good while produced such a decided sen- | gation. COURT OF APPEALS, Aveany, Jan, 28, 1876. In the Court af Appeals the following business was transacted ;-— No. 144, John Hermans, appellant, vs, 8. Stewart Elisworth, respondent.—Argued by A’ Hadden, of coun- | of counsel for appellant, and by George B. Bradley for | respondeat, No. 158. Alfred M. Wiles and another, respondents, ya Lambert Suydam, appellant.—Argued by A. H Hitchcock for appellant, and George W. Weinaut for respondent, No. 118, Samuel Raynor and others, respondents, ys. | Peter W. Hoagland, appellant.—Argued by Ira Shafer, | of counsel for appellants, and by Duncan Smith for re- spondent. No. 120. eats Rompers: ve. Joseph Russ, Coty pee by J. F. Harrison, of counsel for abpe iante, and by K, F. Hull for respondents, Caso still on. Adjourned. CALENDAR. The Court of Appeals day calendar for Monday, Jan- vary 31, 1876, is as follows :—Nos. 156, 158, 159, 46, 93, 162, 126 and 138, * A UNITED STATES SUPREME COURT, Wasnixerox, Jan. 27, 1876. The following case was argued in the United States Supreme Court to-day — No. 43. Town of Concord vs, The Portsmouth Savings Bank. Error to the Circuit Court for Illinois, This ase bow came on for reargument by order of the Court. The fermer argument was on the 12th of No- vember last, at which time the case was stated. The | action was upon bouds issued by the township in aid of the Vincenn Danville and Chicago Railroad Com- pany, and the defence was that the issumg ot the bonds ‘was a violation of the State constitution, and that they were therefore void. The decision below was in favor of the holder of the bonds. The Court, not being clear on the point presented as to the validity of the bonds furtber argument, which was now heard. Moore & Bisbee and George 1. Williams for the piaintiff merror. J. G. | Wilson and 8, B, Penny for defendant ALABAMA CLAIMS. PROCEEDINGS BEFORE THE COURT OF COMMIS- SIONERS, Wasnixaros, Jan. 28, 1876. | » In the Court of Commissioners of Alabama Claims | to-day the following judgments were rendered :— se No. 805, Charles A. Braley, Full River, Mass., * No. 635, John A. Budlong, of New Bedford, $501. No. 1,152 P, B. Coflin, administrator, of Nantucket, | No, 833, Solon Baker, of Yarmouth, Maes., $416 67. No. 178. William Jenkins, Ustervitle, Mass., $' No. 1,111. Claude Bouse, of San Francisco, Cal, $900, Cases submitted on the testimony and oral argument of counsel :— Bet 3, 995; | ib Pater BUSINESS EMBARRASSMENTS. Francis B. Barretto, broker and dealer in lumber at No. 72 Beaver street, has gone into bankruptcy. There | are about fifty creditors, whose claims amount to $210,000. His assets include real estate valued at $1,150, and promissory notes, $6,375. The follow: are the principal ereditors:—Klizabeth B, Barretto, $45,975; Gerard M. Barretto, $18,821; Recknagel & Co. $12,927; W. H. Popham, $11,550; estage of Joha L’ Brown, $10,969; Oliver Bryan, $1,588; ©. 1. Stewart, | $1,000, Register Edgar Ketchum, ef No. 129 Fulton street, has been assigned to take charge of the proceed: ings. A meeting of the creditors of Calvin, Salmon & Fribourg, shirt manufacturers at No. 46 White street, who failed about two months ago, was heid yesterday at the office of Henry W, Allen, Register in Banke ruptey, at No, 152 Broadway, for the further considera. j Mon of their offer to compromise for thirty-five per cent in notes at four, six and pine months, Only one creditor objected to the confirmation of the composi- tion, S. H. Pearce & Co., who allege that the cash value of the assets available to the unsecured creditors is forty-two -and a half per cent; that the testimony tau is ungarjefactory, and thal their books are in- correct, Proceedings for composition are now before ter uin at No. 129 Fulton street by the drm of Schwab & Deutsch, manufacturers of neckwear, at No, 217 Charch street, The firm ofler to compromise with their creditors at 331-3 per cent cash. Their liabilities amount to $29,009 and assets $10,083, Mr. James 5, Stearns, counsel for J, N. Stearns & Co., opposes the confirmation on the ground of fraud. Henry Schwarz, manufacturer of ladies’ suits at No, 300 Broadway, bas gone into bankruptcy, having previously made an assignment to Arnold Kalman under the State law. His liabilities amount to over $110,000, Among the assets are stock, $3,108; note: $6,600; fixtures, &c., $1,084. There 1 creditore, among the largest boing the follow. ing:—Isaao Richberg, $6,492; Scbrocder & Co., $5145) A De Griel | & Co... $4010) | H . Cladin & Co., 381; SB. Hunt, $2,717; W. Ewart & Son,’ $2.64; W. | Watson $2,927; Wallace & Malcolmson $2,486; Richard selin & Co., $2,456; Townsend Montant, $2,363 ; Ficld, Morris & Fenner, $2,334; Blunor & Bran, $2,073; Kiefer & Co., $2,047; Longmire, Kinore & MeKenzie, gaan ‘As Seligman, $1,985; Lewis Brothers, $982} . C, Cowdin & Co, $1,024; Rothschild & Heyinan, $1,893; E. Oelbermann & Co., $1,679; James reery & bo.,'$1,616; Scott Brothers, $1,503; D. Haas’ So: $1,555; Smith & Taylor, $1,448; ‘Arnold, Constable Col, $1,889; Nudge, Sawyer & Co., $1,287; Jobn Ruil+ man & Co.,'$1,145;'H. Bernheim, $1,043 On the return of tbe order to slow cause why Jacob I. Seagrave should not be discharged notice ‘oto ‘opposi+ tion was filed at the office of John Fiteh, Register in Bankruptey, No. 345 Broadway, on bebalf of certain creditors yesterday, and Saturday, at twelve o'clock ~ noon, was fixed for bis examination =. The following insolvent Pehedules were filed yester- day :—Poter Van Dyke; liabilities, $8,543; nominal ag- actual value, $3,500. ' oF om bar ti $20,121; nominal assets, ue, $4,; john McCafferty, Daniel McCafferty and Henty Mo- Donnell; liabilities, $36,418; nominal assets, $29,067; value, $12,072 . jaei S. Pinner and J. A. Pinner; liabilities, $32,497 ; nominal assets, $0,986; value, $6,258. ‘The following are particulars of failures and saspen- sions during the past woek:— : A mocting of the creditors of A, W. Lovering, book.- seller, suspen thought = will take place on Monday, It is the habdilities, including indorsementa, will Se 150,000, Some of the indebtedness is in ties in En; favor gland, but is prin owned im Ly assotd aro sot Boston and New York. ‘Dut the stogk in trade, as is shown by an a Int whicl has just been taken, amounts to some $60,000, Ai a meting of the creditors of Yatthow Snelling & Co., failed, deaiers tn smal) wares, Bost a statement was submitted, showing liabilities of $85,345 87 and assets of $57,005 61. Gcorge Sexton, general store, of Warehouse Point, Conn., has tailed; liabilities $30,000. The Connecticut Granite Company, at Stony Creek, are reported failed. . J. Milliken & Co,, oil dealers, of Charlestown, Mase., . who recently failed, have settled for thirty cents on the dollar, iooea Stearns, ship stores, of Boston, is reported NG Howard, shoe manufacturer, of Brockton, i: ei failed. His liabilities are between $9,000 an 10,000, Thomas H. Reed, stoves, of Worcester, Mass, is re- ported suspendod. Martin and Sawyer, butchers, of Auburn, Me., have failod. They did a large business in Western and na-, tive cattle. Their liabilities are variously estimated from $25,000 to $50,000, It is said they offer twenty five cents on the do! DOMESTIC MARKETS, Gaxvestox, Jan, 28, 1876. ques; middling, ae, ow middling, 1 foes ordinary, 10s, Nes 8, ales. Exports—To it Britain, 1,030; coqstwine, 379. Salon, 27h Brook, 74,882. Weekly—Net receipts, 8,577 bales; gross, 8.70% BE! to the Uontinen| Cotton xports— To Great Bi in, 3,401; 442; to the Channel, 3,245; coastwise,-6,073, , ordinary, 10c. perenenis we 1 gross, 1 Bate. ports to Great Britain, 2.602; to the ont, 7; coxste wise, 517 Sales, 5,000." Btock, 363,707, Weekl, re ceipts, 72,082 bal gore, W875. ae 40 Great Britain, 8,990; to France, 9,387; " to'the Con ent 1188; ‘const wise, 2,678. Bules, 41.950. Corrections—Exports to Great Britain should have becn 8.401 on January 20; do. doy 2,985, and exports constwise, 5,007, on Jannary 21. Monty, Jan, 23, 1876, Cotton quiet ; middling, 1234¢ ; low middling, 11igc. @ 113g0% ge ordinary, ee. 1c. "Net receipts, 2, Joe % te the Continent, 1,524; coastwise, 288, S000. Stock 91st. Weekly Net receipts, 15,000 bales. Fixperts vo ths Oodtindat, 1/884; ooasswien, 8 x Bayannan, Jan, 28, 1876 sg tag midelin g, 12 a = uns good ordinary, 104,c. Net rece! 2 ros, 2 de. Exports--Ta the Continent, 1.160% eo Bio Bales, 1,440, WW. "Weekiy—Net e- rina doll and irre; wie 0 les pai: eo To the Conti: nent, 6,780 ; coastwise, 4,690, bp vay eae nN Cuageeston, Ji 1876, Cotton steady ; middling, winite a ig be Saga es et 1Bige. # 12%. | good 01 a ie, Net receipts, TBBS Balen” Walon, 1000. Slogk. 88,317. “Weekly Net ne ANS5T-bulon’ “Wuportece Gress: Briain.’ 7.o80; te 7.089; to, to the Continent, 675; coastwiso, 1,010, Sales, vi hhanged:, sales 90Q bile "Whol etbady | No. 2 lour une! i re 4 No. Milwaukee club,'$1 40: No. et $145; oxtra ao. Corn quiet old, Western mi France, 16120; 12,500. bey 3 5 ja at $t pte 2, bbls. mea Te GdG bas hi ‘ S 2a dor oaths Bobo dat balay. “ wit Is; corm, jarley, 2,600 do, Shipments Flour, 2,900 bbls. 18 Oe buat: corn, 20,000 do. 3 oat: 2,0) do.” Flour quiet and sal No. 1 Minnesota — Ag ogee co Be on ts fe ane parle; ye ‘on at $20, for ueurg aes Lard dull at 386 Mighwines ‘nominsily ry ToLepo, Jan. 28, 1876. Flour steady, with a moderate demand. Wheat in fai mand and firm; No. 3 white W 26; Michigan, $1 20: ber Michi, No. 2 do. 81 Of; No, 2 red winter, $1 20; February, $127) rejected red, 81 g¢- Corn dull; high mixed, 7 bash; low do., 45ige. rade, 4334¢, Oats quiet but firm; higan, #e, Clove $3.65. 0810. Hogs, $8 YO. Re: orn ; 2,000 do, oats. ipts—¥.000 bushels wheat, 30,00) do, Sete nin a00 bole. Bou, 12,00 bushel wheat, 22,000 do. i 1460. Jan, 28, 1876, 0 do. Wi WwW. for w. for Ww. No, Tl, Ang. G. Jonney vs, United States. C. Chifford for complainant; John A. J, Creswell United States, No. 1,147, Jobim F. Hawes ve. United States, C. Clifford’ for complainant; John A. J, Creswell jo. 1,148. John Joseph vs United States. ©. corn, 6,000 do, eat °C mt Flour neglected. Wheat ja ir demand and lower; No. March ae Lepring, $1 11; No.2 do, Fevruary; 81 O4, May ‘Ko. Corn duil and lower; N ‘41sec. bid, Fobraury, Oats April. Bi unchanged. Clo ‘othy quiet and wei i 7 demand at full prices: 3 at - Chiford, for complawant; Jon A. J. Creswell for M6, Pork inte ut in the pain higher at 810 35 No. 1,240, Manne! P. De Silva va, United States, ©. | Tari. enty, eed. ta. 00: sane W. Clifford for complainant; J. A. J. Creswell for ary; $12 15 «$12 17h, Marebs United States, s 12 45, April. Bulk m ly and fim. Whi ay one No. 1,241, George De L, Netto vs, United States. C. bg iar Pee W. Chiford for complainant, J, A. J, Creswell for” Mapai oe a Neg Bom United States. : bs 171500 dor bore, 10,000 do. eater No. 67% Richard P, Baker vs. United States, Corne- Solo re Att ‘onthe lins Cole for complainant, J. A. J, Creswell for United States. No, 1,300, Antonio Siiva ve United States. Corte- lias Cole for complainant, J. A. J. Creswell for United States. No, 880, Charles Tucker vs United States‘ in the matter of the bark Nye, destroyed by the Alabama. W. Clifford for complainant; J, A, J, Creswell for No. 649. Harriet S, Whittier, administratrix, vs. | United States, 7. J. O. Fuller tor complainant; J. A. | J, Creswell for United States. No. 600. W. H. Porter vs United States, ©. W. Clif. | ford for complainant; J, A, J, Creswell for United States. No. 1,237, Jonn W. Barker, administrator, vs. United States, C. W. Clifford for complainant; J. A. J. Cres- weil for United States, Adjourned vo Monday. FIRE, Detective Stadler of Wayne county, WMichigan, ar- rived in New York yesterday morning with a requisi- ton upon the Governor of New York for Bernard Moy- | Jan, who was arrested a few days ago on suspicion of be- Ing the person who attempted to rob Mr, Stearn on Kast Forty-second street by throwing red pepper in his eyes No evidence being adduced, however, Moylan was dis: charged. Being wanted by the Michigan authoritios arrested and the prisoner jeft last ovening for Michi- gan in custody of the detective from. that State. A DISHONEST SERVANT. A servant girl in the employ of Mrs, Sarah Spencer, | residing on Washington avenue, near Eleventh 6! ect, Morrisanis, disappeared on Thursday last with clothing and joweiry to tho value of $250, STALTEN ISLAND HIGHWAYMEN. Martin Higgins, while returning to his house in New Brighton, 8 1., late on Thursday night, when in a Jonoly place nearthe Snug Harbor, was accosted by | two unknown men, who stopped him, searched his "| pockets, and finding no money, compelled him to take off his boots, which they searebed, an@ stl floding no money, allowed him to 9 on his way, ‘ barley, Wheat firm at ike, 4 gusler at 41340, cash; 413 Pork firmer ai $19 30, Bteady, Fay ay Be Ramat, Scenes COTTON REC EIPTS. The following are the total net receipts of cotton at all the Ports shuee September 1, 1879 i= Sea New York Boston. HAVANA MARKET. Havana, Jan. 28, 1876, 110 211%. B ‘on the United getter suete sight, Serenty, Oh ao incount iy anys le on , ature: Pee AR preulem: Bugat fregulan BRAZIL COFFEE MARKET. " a, igen Jan. tet og coffee market continues w: ithout ange at yuu 67008 Pelt per ten kilogrammes for good frets. _* EUROPEAN MARKET, PropvCR MARKET.—LONDOS, Jan, 28—Evene yy wicutta linseed ed at 49s, and closed at 44s, 6d, Loxpo: wifes Uinseed oll, 28s. Od.» 248, por ews. THE NINTH WARD REVIVAL, The “Union Noon Day Prayer Meeting,” held daily im the church in West Eleventh street, betwoen Sixth and Seventh avenues, continues to be crowded, This meeting is held under the auspices of the pastors of the several churches in the Ninth ward without regard to denomination, Methodists, Baptists, Presbyterians, Re« formers and others uniting in the moyement At the elose of the prayer meeting an inquiry meeting ts held) in the session room of the chureh, which is well at- tended. In connection with this Ninth ward move- ment there is held in the various churches of. the ward a Sunday afternoon prayer meeting, between tour and five o'clock. Last Sunday the meeting waa held in the Reformed church, in Sigth avenae, opposite Amity, {CONTINUED ON NINTH PAGE.1