The New York Herald Newspaper, February 9, 1876, Page 11

THE COURTS. Continuation of the $6,000,000 Suit ~ Against Tweed, Examination of Deputy Comptroller Storrs, Bookkeeper Lynes and Andy Garvey. Cool Fraud by an Ice Company. i LOBBYING LAID LOW. Dolan’s Case to Go to the Court of Appeals. The trial of the $6,000,000 suit against William M. Tweed was resumed yosterday vefore Judge Westbrook, holding Supreme Court, Circuit. As on the opening day of the trial the court room was crowded to its full- est capacity. The testimony, however, was a ‘‘thrico- told tale’? and the witnesses the same as appearing at the former trials against the great ex-Boss. There 13 this marked differonce, the absence of the Boss him- self, which gives to the present trial somewhat shght similarity tothe play of ‘‘Hamlet’’ without the ghost, DEPUTY COMPTROLLER STORRS’ TESTIMONY. Deputy Comptroller Richard A. Storrs was recalled and his examination resumed. He identified the hand- writing of the various signatures to the fraudulent war- rants handed to him. All of them but one had Tweed’s signature, and all the warrapts in evidence bore the in- dorsement of Keyser & Co. Mr. Field objected to the papers being put in evi- dence antil each wae proved iraudulent by some one concerned in making out t! ill. It was opem for the people to call Keyser and ask him whether these bills were fraudulent, Were all these to go in before the jury upproved ? x, Carter (promptly)—Certainly. Mr. Field—I have, ot course, very great respect tor ‘the counsel’s opinion, but I was not asking bun. ‘The Court received the papers in evidence only so far to prove that such claims were made, and said that if they were not proved fraudulent the jury would be instructed accordingly. Mr, Field urged that it was unfair to defendant that an impression should be made on the jury which they might afterward have to rt 4 to remove, when it was 80 easy to call any of the other conspirators, who are allowed to go free, and say Tweed is the bad man who must pay back the money they now enjoy. Mr. Carter here interrupted. Mr. Field said he had no objection to the counsel speaking when be stood up; but to hear bim speaking Blanding and speaking sitting was too great an inilic- tion. ‘TRSTIMONY OF STEPHEN C. LYNES. Stephen C. Lynes, county bookkeeper in the Com troller’s office in 1870-71, was the next witness. Ho related how the clusets in the Comptroiler’s oflice were found broken open in December, 1871, and described. as on the former trials, the routine pursued when a bill was presented for a claim on the county. On cross-examination Mr. Lynes said there were eight or ten other clerks who did very little—they were [eames coor ion active when the time came for draw- ing salaries ; he thought the aisbursements too large— very heavy ; he did not form any opinion as to whether the disbursements were honest; the bills for arrear- ages, he thought, were extraordinary; he spoke to some one aboat it; he cannot recollect who it was; h spoke to several about it; he has no recollection who ey were; witness became County Auditor alter Wat- ton’s death, in 1871; while in this position ne saw some of the vouchers certified by the Board of Audit; he 4 looked through them all for the ten vouchers now pro- duced, and brought them into the Comptroiler’s pri- vate office by direction of the Comptroller. ‘Mr. Lynes, an reply to Mr. Peckham, testified to bis familiarity with the various papers in evidence, and that the bills for supplies were not sworn to, He tes fied about the theft of vouchers from the office, ‘One bundred and fifty warrants were then put in evi- dence, and the Court took a recess. ‘MR, STORRS RECALLED, Aftor recess Mr. Richard A. Storrs was recalled and tross-examined by Mr. Field, and he admitted that when the committee of citizens called on Comptrolier Connolly to be allowed to see the papers Mr. Connolly romised to let them see the papers the following Mon- jay. ‘Thut Monday mording the theft of vouchers was discovered. During the cross-examination a lively tilt took place between Mr. Peckham and Mr. Field. ‘The witness related how in September, 1871, Con- nolly, A. H. Green and B, W. Rhotes came into the office, and Connolly dismissed bim and informed him that Mr. Green was henceforth to be Comptroller; Mr. Green requested the witness to remain as assistant. Q What was the bargain made with Connolly when he resi ? The witness said he knew of none; he did not know of any bargain between Mr. Tilden, Mr. Havemeyer and Mr. Connolly ; Mr. Courtnay was pres- ent when Connolly resigned ; he thought Rufus An- drews was not there. Mr. Peckham—You heard of the flight of Connolly and others of the Ring? A. Yes. Mr. Field—You heard of Garvey, Ingersoll, Keyser gad Connoily, all reputed Ring men, going away? A. es, Sweeny, @ And you never heard they were asked to give back the money! A. No, sir. Mr. Peckhum—You heard that Mr. Ingersoll was sued? A Yes, sir, Q@ And that Mr. Field defended him and prevented Vhe money’s being got back? (Laugbter.) A. No, s! Mr. Peckham—You heard that the people brought wrong suit and failed in consequence? (Laughter.) A. They tailed, sir. The next witness called was James H. Ingersoll. Mr. Field produce a a record of Ingersoll's convic- thon for felony and sentence {or five years and objected to his testimony. The je’s counsel not having the pardon to pro- fuce Judge Westbrook ruled the witness incompetent to testify. ANDY GARVEY ON THE STAND. Andrew H. Garvey was called as the next witness. He testified that he hives at No, 7 East Forty-seventh atreet, and is a bouse decorator, and began to be a city contractor fourteen years ago. Garvey went on to tell now the Supervisors im 1867 gave him the plastering job in the Court House, after which he saw Tweed, and was instructed by him to lay on 15 per cent to the contracts, Mr. Field objected to testimony of that character when the bills themselves should duced. Mr. ‘Peckham admitted he hadn’t the bills, Mr. Field—Where are they’ Produce tnem. Garvey (bursting out impatiently)—They are in the Comptrolter’s office, sir. (Laughter. ) *Mr. Field—Silence, sir. ! was not questioning you. The testimory was allowed, subject to the proaucti 1a ofthe bills. Mr, Field then objected to testimony as to ransactions in 1867. The testimony was allowed asc izing the relations of the parties. The wit- 88 Was next examined as to the intimacy of Tweed and Woodward. He stated that Tweed told him what- ever arr ment he made with Woodward was the same as with himself; Woodward instructed him to in- erease percentages; bis itinpression was— ‘Mr. Field (hastily)—I object; for heaven's sake don’t tive us yoor impressions. (Laughter.) Witness said the percentages gradually increased and be had to put on in addition large sums for work done lor Tweed, by direction of Woodward. Mr. Field—Stop! teil us what che directions were, Mr. Peckham—Don’t lecture the witness, Mr. Field—I am not lecturing the witness. Mr. Carter—Thero is no witness that can be put om the stand who cannot be caught up in that absurd way. After this Garvey related aconversation with Wood- rd, who told him the Special Audit act bad deca and how by means of it ali his claiins could be squared; was due for all done and to be done, including $60,000 which witness advanced Tweed to be used—so it. was sau—in the Albany Legisiature; he re- piled $350,000; Woodward instructed him to put on jhirty-five por cent for his $50,000 for the charter—so he uuderstood—and the private work for Tweed ana other debts, aud be did so, and in this way made up bis thirty-four bills; he mustadimt be did not keep books, but be kept copics of his bills, also memoran- dums of work; be met Ingersoll one night and that ght hedestroyed all bis copies of billy; he got remptory orders to do it and he did at; fe back $750,000 to Woodward, meral pro- what plastering two houses tor Walter Rocne, trath, $5,000 which be put down ip talison him. (Laughter) He was about out of pocket; the others pro he was not going to be a spendthrift any more, before making out his bills Woodward would give bim a memo randum of say $50,690 10, and direct him t@ make out is bills Lo correspond, and he bad no alternative but imbuarsed him; his bills included $3,000 tor d, to tell the 10 80. To the Judge—The bills rendered referred to some extent to work and to some extent to work in done, progres! bills did not fairly describe the work, be- sause thé dates were g: jo him by others, who drow the interest; some of the work might haye been done at the times described. The Court hero adjourned till this morning, AN ICE TRANSACTION, The Knickerbocker lee Company entered into two sootracts with J. & W. Kemp & Co., the first in 1864 ind the second in 1869, for the sale and delivery of ice. two thousand tons were to be delivered under each con- tract 1m 1870, the ice to be delivered daily, Sundays ex” yepted, from the Company's depot in this city, and to be 1d vy Kemp & Co. in their retail business at such price or prices as the tce company might establish for that year, and which it subsequently did establish, The ice company however reserved the right to cancel the contracts if Kemp & Co. should at any time sell all yr any of such jee otherwise than at retail to consumers for consumption. In each of the contracts there was a provision that in case of the ina- bility of the fee company to lay in a full supply of ice after this Woodward asked him how much | | | | ward D. Morgan, a dec it should be bound to furnish ice proportionately. In 1870 the ice company stored in its icchouses 147,054 tons of new ice. It had also a supply of other large quantities of old we in the same ic¢houses, ice on barges and In stacks, ce stored on joint account with the Washington Ice Company, and ice secured by purchase from various parties, In May, 1870, the ice company notitied Kemp & Co,, that tt could turnish them but 587 tons daily, instead of the 2,000 tons contracted to fur- nish. A Written acceptance of this amount of given by Kemp & Co, on the same terms as original amount contracted tor, The conti was $2 and $2 50 per ton, but from time to time Kemp & Co, paid trom $13 to $16 per ton, the same as ped by parties having po contract. In April, 1873, emp & Co, brought suit against the ice company (or the rescission of the two agreements of May 26, 1870, on the ground of fraud, and lor damages. The Court at | Special Term found for the plaintiits, setting aside the agreements as fraudulent, and finding as questions of fact thatthe defendant was called to lay upa tull supply of ice for 1870 within the meaning of the con- tracts with the plaintitfs. Judgment was rendered for $64,891 61 in favor of plaintiffs. An appeal was taken from this judgment to the General Term of the Court of Common Pleas, and a decision bas just been ren- dered in a most able, clear and comprehensive opinion by Judge Larremore. In his opinion Judg® Larremore considers the ques- tions presented by the appeal in the following order :— First, the construction of the contracts of February 25, 1864, and October 25, 186%, and the alleged breach thereof by the defendants; second, the vahdity and effect of the agreements ‘of May 35, 1870, as a defea- ‘sance or modification of said prior contracts, and third, the measure of damages resulting from said alleged breach, The true interpretation of these contracts must be sought in the intention of the parties. as ex- pressed therein without violating the rules of law or lan- guage. The defendant was bound to such a performance of its part of the contract as was within the range of human possibility. The agreements in question, as shown, Were running execulory contracts covering a period of years, made botween ice dealers, and in con- purposes of trade, Each of the parties therefore plated by them when said contracts were executed. As the plainufls were bound to take, so the defendant was bound to furnish the ice as agreed, subject only to the poss.ble contingency of an inability’ to lay up a full supply, There is no referenco or restriction to the place or places trom which the supply of ice was to be taken, nor that the same was to be laid up in houses at all. For this reason the constraction upon this point must be contra proferentium, avd, us it las been established that in the year 1870 defendant had suilicient ice to meet all the demands of its contract dealers, the con- clusion must follow that in the year last mentioned no such contingency as was conteniplated by and provided for in said contracts had happened. As to the validity and effect of the subsequent agreements he holds that they are no bar to a recovery in this action. A good share of the opinion is given to the concluding point, whether the amount for which judgment was renderet isthe proper measure of damages im the case. The question was whether the $1 per ton under the con- tracts agreed to be paid on the one part and forteited on the other for non-taking or non-detivery of ice is to be regarded as a penalty fora forfeiture or as stipulated damages for a breach of the contract, It discusses ab length. the principles involved, citing on one point alone no less than thirty-six cases and im another making twenty citations. It wax maoifest that the Plaintitis never contemplated or agreed upon a basis of compensation thatavould give the defendant the bene- fit of its own fraud, All that plaintiffs claimed in their complaint as damages for the alleged ‘breach was the difference between the contract price and the wholesale market price ($16 per ton) on the ice not delivered under said contracts, This difference was estimated at $13 50 per ton upon 1,413 tons on one contract and $14 per ton on the other, making $38,857 50 in all, with interest thereon from January 1, 1871, After reviewing all the authorities, Judge Larremore holds, m conclusion, that nothing is found in these authorities to vary the rule that in a breach of contract tor the sale and delivery of an article of general use and consumption the damage recover- able is the difference between the contract price ana the market price at the time of the breach. Upon this legal basis, and throwing out profits, contingent and speculative, he fixes as the measure of damages $48,141 71. : , A BLOW AT LOBBYING. Among the decisions Just rendered by the General Term of the Court of Common Pleas is one which does not countenance dealings with the members of the “Third House.” Mr. ©. Annon brought suit against Henry A. Ritchie and others involving the right of possession of some tobacco neld by the United States government, A motion was made for leave to carry the case to the Court of Ap- Js, This motion is dened, Judge Robinson writing the opinion. After reciting the facts disclosed in the evi- dence, which are held to “partake of a character scarcely escaping What is denominated “lobby services,” Judge inson say “Professional jobs that of neces- sity require personal appeals and private importunities to and with members of government and solicitations of their favorable action are discountenanced by public policy and find little favor in the courts when remu- neration therefor is sought by legal action. ”” THE CASE OF DOLAN. Every opportunity, evidently, is to be allowed Jonn Dolan, convicted of the murderof James H. Noe, to prove his alleged innocence of the terrible crime for which he has been resentonced to be hanged. In pur- suance of the urgent request of Mr. William F. Howe, his counsel, Judge Barrett has signed a writ of error, whieh will enable the case to be carried to the Court of Appeals for argument upon the various points raised in Dolan’s Debalt during the trial and on the subsequent ‘oceedings betore the Supreme Court, General Term. ‘he writ was sent yesterday to the Court of Appeals to be before which tribunal the case will be argued some time this month, it being in the nature of a pre- ferred cause. The decision will doubtless be given speedily, so that Dolan, in all probability, will know his fate by the close of this month. SUMMARY OF LAW CASES. Emilio Figaro, an Italian, was brought before United States Commissioner Shields yesterday, charged with having offered for sale cigars that were not properly stamped nor boxed, and that he bad not paid for an in- ternal revenue license, The prisoner was committed to Ludiow Street Jail to await au examination. Another tost case, relative to the collection of United States revenue, is’ now before Judge Wallace in the United States ‘Circuit Court, civil branch. In it Alphonse Stephani et al. have sued Collector Arthur to recover the difference in duties paid on importations of chocolate during 1873, whereon plaintiffs claimed that | the duty should be five cents per pound ‘‘as chocolate’? under the provisions of the tariff of 1872, and upon which the Collector demanded and received di rate of filty per cent ad valorem as confectionery. case will be continued this morning. In the test suit of Edmund Unkart & Co, importers of gloves, against Collector Arthur, to recover an alleged payment of excessive duty, the jury rendered a verdict yesterday, in, the Ugited States Circuit Court, held by Judge Wallace. Plaintiffs alleged that vhey bad been compelled to pay a aay of sixty per cent on gloves made of cottou and silk, the principal com- ponent part being cotton, whereas the duty paid should not have been greater than thirty-five per cent, The jury gave a verdict in favor of the plaintiffs for $105 31, fn coin, and $18 37 1m curreney. Morris P. Bissinskv, the young man arrested for stealing over 1,000 letters trom Post Uffice Station F, in this city, was’ brought betore United States Commis- sioner Shields yesterday, and waived examination. | His counsel, ex-Judge Dittenhoefer, apptiea to have the bail reduced from $5,000 to $2,000, but the appl was denied, The United States District Attorney his assistants are framing indictments against the prisoner, and as he can be imprisoned from one to five | Years for each oflence, and as three indictments can be framed on cach letter stolen, the cumulative sentence | may reach, possibly, many more year: live. William Macauley obtained @ verdict st the cit; for damages on accounta! the loss of his horse Grouse its backing off the foot of pier 51 East River. [lt was claimed that 1t was the fault of the erty through failure to keep the pier in repair and the want of a suitable stringpiece. On the appeal from the verdict the Court, Judge Larremore writing the pinion, sustains tho judgment below. The opinion is brief, but most logically clear and concinsive. In the suit brought by Seth RB. Jobnson against Ed- 1on bas been rendered by the General Term of the Court of Common Pleas, Judge Larremore writing the opinion, overruling the exc: tons taken in the Court below Mirecting a dismiss: ofthe complaint. The suit, as is well kuown by the facts published at the trinl, was in regard to the puc- chase of the first mortgage land grant bonds of the Texas and New Orleans Kailroad Company. In the Court of Common Pleas, before Judge Van Brut, yesterday, James Deignan obtained a verdict for $171, tor one month's service as Superintendent of Sewers The defence was that no legal demand had been made on the Comptroller for pa claimed that the demand should be whereas the demand was m Brunt held that the persona Solomon Goldberg owns the Thirty-second street, Ho paid an assessment which, as claimed through the stupidity of some clerk in the Assessment Bureau, was credited to the owner of the adjoining house, Paying the assessment under pro- test, ho asked to bave the money refunded, which was refused, and thereupon he brought suit against the city. The case was tried yesterday betore Chict Justice Monell, of the Superior Court, where he ob- tained a verdict for $164 91, being the amount paid, but with no allowance of interest, udge Robinson, of the Court of Common Pleas, gave a decision yesterday in the case of Fellows vs. Cope, which will be new to many in the profession, The action was on a judgment obtained in New Jersey, and the plaintiff attempted to put in evidence a copy of the judginent exemplified by one of the Judges ofthe court. Judge Robinson holds that an exemplitication of record must be done by a Chief Justicg, if there 1s one. In the suit brought by Albert H. Wright again: Equitable Life Assurance Company and Wijl Schott, Judge Speir, of the Superior Court, gave a de- cision yesterday dismissing the com George Schott got his life insured in the Equitable in 1868, and died two years later. The defense was that ho did not answer correctly some of the questions asked him by the examining physician, and thus gave an erroneous statement as to bis condition of health, and, further, the statement made by him that he bad effected an im. surance in another company was antru It was on these grounds that the complaint was disinissed. The case of Henry M. Sutherlond vs. Almira Sather. than he can FP land, which has been pending in the Cours of Common ty at the | The | p- | a NEW YORK HERALD, WEDN | ESDAY, FEBRUARY 9, 1876.—TRIPLE SHEET. Pleas for the past two years and which has in various forms been belore the Court, was finally aisposed of yesterday, This was an action vrought by the hus- band against the wife for a diverce a vinculo om the ground of alleged adultery, and a motion was made to coutira the report of the referee, who had found in favor of the piaintif, Judge Robinson, before whom the motion was ar by W.C. Traphagen for plaintiff and Donglas A. Levien, fr. for the defendant, denied notion to confirm and rendered judgment for the wife, holding that the testimony of ‘the sole witness, | upen which the plaintiff relied, was of such contradic- tory and doubtful integrity that no divorce ought to be granted ont. Belore Judge Sutherland, in the Court of Gen- eral Sessivng, yesterday, John Beamish, a lad of nineteen, who gave his ocenpation as a farmer and his residenee as Chrystie street, was gent to State Prison for one year and six months on conviction of forgery 1» the third degree. On the 19th of last mouth he called upon Smith & Hedges, jewellers, at No. 1 Maiden lane, and presented aletter purporting to come from Mr.’ F. Schneider, jeweller, of No. 68 Bowery, and asking what Messrs. Smith & Hedges would charge for a handsome pair of one-carat diamoud studs, nicely matched. Mr. Smith returned a note to the effect that they had such # pair of stones and would sel! them for $240. An bour sater Beamish returned with a uote requesting Mr. Smith to give bim the studs and enclosing a check on the Pacific Bank for $240 to pay for them. Mr. Sinith’s suspicion Was aroused, and requesting the lad to wait while the studs were being prepared he sent to Mr. Schneider's store and learned that the notes and the check were forgeries, whereupon he arrested Beamish. The latter stated yesterday that he had been sent with the notes by astrangeman whom he met upon the corner of Bowery and Canal street and who represented himself to be Mr. Schneider. The jury found bim guilty of attempting to utter a false check and he was sentenced as related above, In the suit brought by Messrs. Shook & Palmer against Messrs. Street & Smith, publishers of the New York Weekly, and in which a temporary injunction was recently granted restraining the latter from publishing in their paper the story of ‘Ror Michel,’’ the order templation ot the necessary demand and supply for the | ' show cause why such Injunction should not be made permanent was returnable yesterday before should be held to such interpretation as was contem. | 2iWke Sedgwick, holding Special ‘Term fn the Superior | Cour Lockwood & Crésby, on be of the deiendants, asked an’ adjourn- ment of the case on the ground thst the papers had been served so late that they had Deen unable to get in readiness to argue the matter, Messrs. halt ‘They also stated that the publication of the story did | ti no harm to the pla for the plaintiffs, insi of the story was a gi ‘Judge Dittenhoefer, counsel din. reply that tfe publication injury to bis clients, inasmuch as it might be made the groandwork of another drama- tization of the play, and thus interfere with the copy- right of the plaintiffs, After some further argument, the case was set down for a peremptory hearing on the ‘18th inst. ‘Ab important caso, brought to recover the sum of $826 on a promissory note, came on for trial yesterday in the Common Pleas Court, before Judge Van Hoesen and a jury. It appears that ‘one David Lasky was con- stantly procuring [rom Marks Rinaldo accommodation notes, that as the notes matured some were paid and some renewed, that finally Rinaldo told Lasky that ho must in some manner pay the notes, and ‘ach note hiatured, if bo was ungble to pay Ho same in full, thay he must pay a portion of the same and ho would give him a renewal note for the balance until all the outstanding notes were paid. The note in suit was made by Lasky and imdorsed, as betore stated, by Rinaldo without any consideration and for Lasky’s accommodation, and delivered by Lasky, the maker, with Rivaldo’s indorsement, to the plaintiff, Draper, in payment of an indehtedness for merchandise alreaay existing from Lasky to plaintiff. It was claimed by Judge Cardozo and Messrs. Jacobs & Sink, who repre- sented the defendant, that as the note was given to take up another note any other use made of tho note, even the givingof it to the plaintiff, who received it before maturity and im good faith, was a diversion and relieved the defendant from all responsibility. The Court so held and directed a verdict for the defendant, DECISIONS, SUPREME COULT—CHAMBERS, By Judge Lawrence. Livingston vs. Warburn,—Granted, Ranny vs. Fischer, —Order granted. Easton vs, Crowley.—Granted. Duncan vs. Logan.—Granted. Mason vs, Marks —Granted. People’s Bank vs. Hoffman.—Granted. Reed vs, Brodie.—Granted, United States Tea Co. vs. Menager.—Explanation ro juired. a Warigel vs. Stein and Steinhart vs. Lillestin.—The affi- davits of regularity are required in these cases. juyon vs, Brown.—Granted, Burshell vs. Falk (No. 1 Becerra vs. Sturges. McLulan vs. Clow.—Granted. O'Connor vs, O’'Connor.—Granted. Landaas vs. McLeod. —Grantea. rmania Fire Insurance Company vs. Beach.— Granted i In the matter of M, Legundie.—Order granted Chittenden va. Otard.—Order granted, Tully vs. Tally, —Granted, Antes vs. Buddensick.—Granted, # —Granted, Law vs, Grass.—Granted. Simoné vs. Jacobs, — i Ninth Natioval Bunk vs. Jobnson.—Granted, Odell vs. Harrison, —Granted. Stirel vs. Maxweil.—Granted. Produce Bank vs. Phillips et al.—Granted, Blandy vs. Gould —Granted, Schnerter vs. Rosenberg.—Granted, Faulstick vs. Kammerer.—Granted, ‘The Cornwell Brown Stone Quarry Company vs, Mc- Reynolds. —Granted. Lester vs, Levy.—Order granted denying motion. Benjamin vs. Bradbury Bros. (No. 2).—Granted. Same vs. Same (No. 3),—Granted. Art. vs. Doran,—Granted, Security Bank vs, Olit.—Granted, Firm vs. Mikham.—Granted. Giles vs. Giles.—Report of referee confirmed and Judgment of divorce granted to plaintiff, with custody ‘of child. : Kormann vs. Falk (No. 1),—Granted. Same va, Saine (No. 2).—Granted, Bull's Head Bank vs. The Jagger Iron Company.— Granted. Baldwin vs, The Mayor, &c.—Grantod. Louden vs. The Mayor, &c.—Granited, Weeks vs. Satterlee. Motion demiod, without costs, ‘and ordered to be tried under order heretofore made at Cireult. Scuwarzler vs. Barehell. —Granted. Muller vs, Goodyear, —Order granted. Solomon vs. Voikening.—Granted. Dean vs. Weir.—Granted and case set down for Fri- day, February 18, 1876. cbinger vs. Schappert.—Motion granted and cau: referred to William B, Nassau. Raynor vs. Stewart.—Granted, Eikenbury vs. Can.—Granted, De Forest vs. De Forest, —The date left blank in th: order of De Forest Blant’ must be supplied and the affidavit must be verified. Jackson ys. Johngon.—An allowance of $250 is granted to the plaintiff. Livingston va Gnow.—The answer in this case docs not seein to be clearly had. Wiswall ys. Norton.—The aMdavits do not seem to State that this case was decided m favor of the plaintiff or detendai Pi a ile of the Bank of Louisiana vs. —Ord Powers vs. $m Sherry vs. Crolius.— Swit Scholle.—-Granted. Vau Schaick vs. Farley.—The aMdavit of regularity | does not state that none of the defendants are infavts | orabsentees, Filken vs. Fairfield.—Motion granted and cause placed on short calendar for February 18, 1876. Gordon ys. Belt.—Explanation {s required in this case. Mackellar vs, Moore.—Grantea. Raynor vs. Ketcham.—Grantea, Wood vs. Mitchell. ted. Mahon vs. Seholle.—Granted. Solowon vs. Volkening. —Granted. Max vs. Cormer.—-Grauted, Mann vs. Willoughby.—Where is the report of sale which it is sought to have confirmed ? Watrous vs Fernbacher et al.—Granted in default, Referred to Mr. A. De Witt Baldwin. Dodge va. Mayer, &e. (No No, 2) Strepul vs. Otard.—Granted. Morton vs. Matthews.-—-Granted, New York Lithograpbing und Engraving Co, vs. Viele.—Motion to place cause on Special Circuit Calendar granted, aud case set down for Friday, February 18, 1876. Von Schrenning vs. King. —The afMdavit of service is not verified before either a notary or a commissioner, | or before any officer authorized to administer oaths. Oberland vs. Speies and Another.—Movion Eaward H. Shell appointed receiver. Bond, $1,500, Brown Sequard vs. Biaker.—Motion is granted with- out costs, Buhler vs. Hayens.—Gfanted, Burchell vs. Falk (No. 2).—Granted, Baldwin vs. Smidt.~Granted. ae vs. Boda —Granted. Taylor vs. Gillesple.—Granted- Brown vs Martling.—Granted. Wiedmann vs, Klement.—Granted, Baker ys, ate and Traders’ Insnrance Com- ‘anted- Deutsche Vereins Bank of Frankfort-on-the- Main vs, Meyer.—Granted, Y Manbattan Life insurance Company ys, Browning. — Granted. Same ve. Same. —Granted. Breslin vs. The Brewers and Malsters’ Company. —Granted, Morrison and Others vs, Thornal. —Granted. Willams ve, Williams, —Grante By Judge Georgo ©, Barrett, Pelicheau ys Equitable Life Assurance Society.—L am satistied, from all Che facts before me, that is hot a legitimate proceeding to perpetuate testimony, but rather an effort to discover facts. Ina legal sense, therefore, it is pot in good faith, The motion to vacate must be granted, with $10 costs. Perkins vs. Patterson and Another, —The laws of 1875, chapter 16 (page 17), provides thé mode of effect discharge of the stay now entitled to an exa\ manner therein speciiied, and itis only after such an examination that the discharge of the stay can be effected, otherwise the amendment ts without force, as the order now asked for was the practice untilthis amendment. lroof by affidavit cannot be sabstituted for the statutory examination even to effect a discharge of the stay, The Jeiferson insurance Company vs. Tyrrell others.—The plaintiff should have asked Judge Dor hue to make the payment of his costa, &c., a condition of the stay, or that the defendanta stipulate to admit them in the Common Pleas sui, But there wasa ranted. Insurance | | 1563, 1564, 1565, 1 simple stay and no appeal from the order, Then th; Court of Commou Pleas should have adjudicated upon the alleged lien and not have remitted the party to this court. We cannot direct payment, there is no fund in this court, and we cannot make an order against sur- plus moneys in the Common Pleas suit. Here, ae there hasbeen no appeal from Judge Larremore’s order. 1 see no way of aiding the attorney to secure the payment of these costs, and I regret it the less as this suit was wholly unnecessary, and was evidently brought entirely tor costs. Motion denied. Buckley vs. Havemoyer.—It is by no means clear that the transfer of the control of the Long Island Railroad Company to persons interested in other roads would be injurious to its stockholders, but it is ex- piioitly demied that any agreement for such transfer has been made, and Mr. Henry Havemeyer states that no agreement bas been made for the resignation or election of directors, The case, therefore, is not within the principle lad down in Fremont vs, Stone (42 Barber, 169). At present there is no ground for equitable interposition. It wtll be time enough to proceed against the present or future directors when they do me act prejudicial to the interests of the stockholders, The motion to continue the injunction must be denied and the temporary injunction aissolyed, with $10 costs, SUPREME COURT— SPECIAL TERM. By dudge Van Vorst. Levy vs. Curtis et al.—Judgment for plaintiff on de- murrer, with leave to defendants to answer on terms. Wills et al vs. Simmonds et al.—Judgment for plamtiff on the first canse set forth in the complaint and for the defendant on the second cause, Opinion Wii 4 al, vs. Simmonds et al.—Judgment for pI tiff on the demurrer, SUPERIOR COURT—SPECIAL TERM. By Judge Sanford Brown vs, Schwoon et al.—Let the order as within amended and settled be engrossed and presented to me. Sias vs. Winter.—Motion to vacate order of arrest granted, with $10 costs, By Judge Speir, Fowler vs. Kurjo ase settled, By Judge Sedgwick, Parfit vs, Fackner et al,—Referee’s report confirmed and judgment of foreclosure and sale. Archer ys. Leubuscher; Coursan vs, Boyce; Wate vs. Morgan et al; Harlem Bank vs. ‘fansot Brown vs. Schwoon; Hershel vs. Speyers et al; berg vs. Murray; Muller vs. Elliot; Martens ctl vs, Martens et al; Fielding vs Waterhouse; Atlantic and Pacitic Telegraph Company vs. Barnes et al.— Orders granted, Prime vs, Twenty-third Street Railroad Company.— Order settled. Spofford vs Texas Land Company.—Order as set. tled to be engrossed. COMMON PLEAS—SPECIAL TERM, By Judge Robinson. Sutherland va ‘Suthorland.—Decree of divorce de- nie sBerdux vs. Berdux,—Judgment of divorce granted to plaintift. Brady vs, Brady.—Motion denied, with $10 costs, Opinion, Kissick vs. Gilmour,—Findings settled, ESSEX MARKET POLICE COURT. Belore Judge Otterbourg. THE COURT VS. HEADQUARTERS, James Taylor, of No, 84 Chrystie street, a very re- pectable young man, was arraigned on the complaint of Patrick Moran, of No. 341 Greenwich street, for highway robbery. On examination it was proved that the prisoner was not near the complainant at tho time of the alleged robbery, and there being no evidence against him he was discharged. The complainant was fined $10 for being intoxicated. The prisoner was taken, handcuffed, through the streets trom the Seven- teenth precinct to Headquarters, where bis photograpn was taken. He was then taken back to the court. Judge Otterbourg informed OMcer Butterly that ac- cording to the law the prisoner should have first been | taken to court, and then, if held, he might be taken to Headquarters. In his opinion tt was an outrage to take an innocent man through the streets to Headquar- tors, take his photograph and then send him to court, BURGLARY IN EAST THIRTEENTH STREET. On the night of January 20 last three men named John Gallagher, alias Morris Long, Wilham Frederick and Robert Abbott, broke into the house of Henry Fress, No. 603 East Thirteenth street, and stole a Bible and some clothing in all valued at $150 A boy named James McCabe, living at No. 404 East Eleventh street, was with them and kept watch while they committed the crime. MeCabe was subsequently arrested for etit larceny, and when brought to court confessed is part in the more serious crim of burglary. Acting ‘on his information a detective of the Eleventh precinct arrested the three burglars named above at their boarding house, No. 709 East Eleventh street, and also succeeded in recovering the stolen property. The prisoners wero held in $2,500 each to answer, and McCabe was remanded back to the Tombs, but his trial at Speciat Sessions will be postponed to allow him to testify against the others, POLICE COURT. NOTES. At Essex Market Police Court yesterday Charles Wagner, of No. 240 Stanton street, was held in $500 to answer for stealing $40 worth of clothing from Herbert L. Freize, of No. #4 East Broadway. Christian Mackey, aged seventeen, of No, 26 Norfolk street, was held in $1,500 bail for stealing $50 worth of clothing from Jokn ay, of No, 20 Stanton street, Frank.Gannersdoeffer, of No. 199 Kowery, the “Volks Garten,” was charged with violating the law of 1862, which forbids liquor being sold during theatrical per- formances. Two members of the Typographical Union, James | Quigan and Samuel George, were charged betore Jud; Bixby, yesterday, with attempting 10 break into the rivate oflice of the secretary. The case was dismissed ¢ of insuMcient evidence. COURT CALENDARS--THIS DA Scuraeme Court—Cramners.—Held by Judge Law- rence. —Nos. 11, 25, 35, 46, 48, 57, 96, 116, 122, 162, 168, 185, 214, 266, 267,'268, 269, 279,’ 302,’ 303, 307, 268, 373, 382, 384. Scuraeme Court—Sprcrat Van Vorst.—12, 251, 93, 06, 100, 122, 121, 141, 160, 164, 166, 178, 199, 207, 210, 216," 226, 242) 244) 252) B04, 163 5. Scurryme* Count—Gryerat, Term.—Adjourned for term. Surres Court—Crrcurr—Part 1.—Adjourned for the term, Part 2—Held by Judge Westbrook—Jai continued—Held in General Term room. 4 2064; The People, &e., vs. Tweed et al. Part 2—Held by Judge Donohue.—Nos. 1284, 2706, 1028, 1454, 178, hous, 1514, 1176, 3441, 225, 992, 2338, 982, 452),, 4224, 8, 4087, 1507, 1818, B44, "117245. 396, 1142, 514, O78) 902, '1026, 1030, ° 1028, , 882, 1036, 1088, 1040, ‘1042; |, 1048, 1050, 1058, 1062, 1064, 1070, 2232, 1468, 2200, 1078, 1082, 1084, ' 1086," 1090, Larremore.—Nos. 689, 917, 1139) 873, 105, 670, 51: 1155, 1161, 1189. Screntorn Court, Genera, Tre Speir and Sanford. —Nos. 26, 27, 88, 40, 41, 43, 44, 45, Held by Judges }, B1, 32, 34, 35, 36, 1—Held by Screnior ‘Covrt—Trrat Tux—Part | Chief Justice Monell.—Nos, 761, 297, 885, 731, 439, 1675, 887, 889, S91, 893, 895, 897, 899, 901, 905. Part 2— Held by Judge Curtis —Nos. 1218, 862, 726, 916, 1826, 534, 1182, 416, 716, 954, 1834, 650, 848, 778, 722. Commox = Pigzas—Equiry = T! i—Held by Judge Robinson. —Nv. 2. Common PixAS—Trrat Terx—Part 1—Held b 1078, 1024, 2200, 1111, 155, 1583, 1554, 1555, Nos. 2217, ge Van Brunt.-—Nos, Judge 986, 2288, 1693, 2071, 777, Part 2—Hold By Jud; 1619, 748, 1506, 715, 1452, 1463, 1646, 1180, 38, 1590, 1640, 1641, 1542, 1544, 1644, 1546, 1647, 1548, 1549, 1580, 1652. Part 8—Held by Hote Noe. 80h, 14 . 562, ‘2040, 156%, 1668, 1609, 1571, 157 1578, 1574, 1575, 1576, mas 3, Manse Count-—Thiat, Team —Part 1—Hold by Judge Nos. 2095, 1206, 6567, 2798, 1445, 1601, 8395, 8657. 8737, 3819, 6064, 6158, 6261, 0566, 3497, Part 2— Held by Judge Alker,—Nox 2131, 2514, 6667, 9189, 8701, 6136, 3797, 3801, 8802, 3803, 3806, 3807, 3808,” 3810, 3440, MAKine’ CouRT—Thiat ‘Trea.—Part 3—Held by Judge McAdam.—Nos, 6404, 6301, 6728, 6224, 5868, 6651, 5767, 5881, 6241, 9345, 4793,'4925, 5080," 5061, 5760, 6585, 0587, 6097, 2400, 2090, 6512 6538, 6513, 621, 6663, 6664, 6651, 6735, 8751, 6263, CouRT OF GENERAL Sexstoys—Held b; je Suth- | y Jude Wilt erland.—The People vs. Louis Rink and robbery; Saine vs. Jefferson Sander and battery; Same ¥s. James sullivan and Alfred lish, burglary; Same vs, Thotnas Smith, burglary; Same vs, William Edwards, grand jarceny; Same vs. Henry Jones and Fanny Halenbeck,. grand larceny; Same vs. Arthur Kress, grand larceny; Same vs. Den- jamin M. Alcock and James T. Me! Same vs. Anthony Fay and Louis Kurz, grand larceny; Same vs. Daniel Crawford, grand lari Same v Henry Griffith apd Charles Heish nd lareeny ; Same vs Lida Wood, disorderly house; Same va. Mary Doyle, petit larceny; Same vs. Margaret O'Keene, assault and battery; Same vs. Herman G, Urbels, mu demeanor; Same vs. Annie Macll, grand larcen Samo vs. Katie Laforge, grand larceny; Same vs. Jane McCain, grand Iareeny; Same vs, Ann McNally, rop- bery. THE COURT OF APPEALS, DECISIONS HANDED DOWN Judgment affirmed with costs.—The Cayuga Lake Railroad Company vs George A. Kyle; Slater vs. Mer- sean; Rounds vs. Delaware, Lackawanna and Western Railroad Company; Marks vs. King; Hermans ve, Clarkson; Hermans ys. Elsworth; Raynor ve. Hoag land; Kosuncke vs, Ross; Dickinson vs. Collyer; Clark va. Donaldson, and The People vs. Wasson, Appeal dismissed with costs. —Hennessy ve. Cooper; Hunter vs. Weteell; Sutton va, Davis, and Godfrey vs. Moser. Judgment reversed and new trial granted, costs to abide event. —Jones Smith, and Blossom va. Ly- coming Insurance Company. Motion for feargument denied, with $10 coste,— Clearwater vs. Brill Judgment affirmed, —Harris vs. The People. Judgment reversed and new trial grante costs to abide event, amess plaintl, withm thirty days, gives se lyn, chrity, to be approved by the City Court of Broo to indemnify the defendant against the certiticat: posit upon whieh security 1s given then costs to either party Judginent reversed aud judgra Term.—Held by Judge | Y, gravd larceny; | demurrer, with leave to tiff to amend upon pay- ment of costs.—Wiles vs. Suydam. Order atlirmed and judgment absolute for plaintiff om Stipulation, with costs.—Thompson vs. Lumley. Quiney vs, White.—Upon stipulation filed to that pena _ oe. eanse having been settled, the Court grees that no decis| patel cision or motion for reargument shell co ong yyy, APREALS. FROM ORDERS, No. 259. Elijah P. Greene, respondent, ys. Henry Pach ame others, appellants —Argued oy Z J. West- ‘ook, of counsel tor appellants, y s bea respondent ppeliants, aud by M.-L. Stove No. 363. ‘The People ex rel. Willin dent, vs. Thomas 8. Aston welt ho ay ge m ‘0, 177. Henry Armstrong, respondent, vs . York Central and Hudson River Railroad Conpaace appellant.—argued by S. Hand, of counsel for appel! lant, and by William Gallagher tor respondent. 0. 187, William Lan M. Hoffman et respondents. Smith, of counsel for appellan for respondents. No. 163, Mary L. Hageraft, respondent, vs. The Lake Shore and Michigan Southern Railroad Company, ap- respon- and others, appellanta Argued by Charles iI. » and by John L. Hill jant, Submitted for respondent Adjourned. CALENDAR. The following is the day calendar for Wednesday, February 9:—Nos, 14, 15, 16, 192, 197, 196, 621, 67. CONTESTED WILL CASE. Yesterday proceedings where commenced by the widow of the late Joseph Byrne, of No. 83 Warren street, in the Kings County Surrogate’s Court, before Surrogate W. D, Veeder, to set aside the willof the deceased. Mrs. Bridget Byrne claims that her husband was not of sound mind when he executed the will and that undue influence was brought to beur upon him. The property lett by deceased is valued at $20,000. bequeathed his sister, Mrs. Agnes Roberts, and the ro- ainder of - th ‘tate is left to St. Peter’s Roman h, corner of Hick and Warren streets, Vv A house on Warren street, on the second story of which the widow resides rent free, is to be let to tenants and the money rece:ved therefrom to be paid the church corporation. After the death of the widow the house is to be sold and the money is to go tothe chureh, The executor of the will is Rev, E. W. McCarty. BOARD OF POLICE. Ata meeting of the Board of Police Commissioners yesterday, all the members present, the chiof clerk presented the resolution recently adopted by the As- sembly calling upon the Board for full information relative to the detention of the Montreal elopers by the police of New York without warrant. It was referred to the Superintendent for report, with instructions to forward to the Board all the velegrams and documents appertaining to the matter. A communication from citizens of the Fifteenth ward thanking Captain Van Dusen for closing the tous disorderly houses in his precinct was placed on file, ‘A report trom Inspector McDermott and Captain Caffrey, of the Fifth precinct, recommending the assignment of additional patrolmen to that preeinct was referred to the Committee on Rules and Discipline. Roundsman Watson, of the Fighth precinct; Patrol- men Clayton, of the Sixtcenth, and Lynn, of the Twenty-seventh, were dismissed from the department. William Huzzey and Richard Leary were appointed patrolmen. 3 Permission was given toa number of applicants to hold masked balls. MUNICIPAL NOTES. The Commissioners of Charities and Correction ap- peared before the Committee on Charities of the Board of Aldermen yesterday afternoon to explain as to ex- penditures of moneys for support of the out-door poor. It is claimed by the Commissioners that no appropria- tion whatever has been made for this object, while the Aldermanic committee contends that some $50,000 have been set apart by the Board of Estimates and Ap- for supplies and charities, amounting to $840,041, in the appropriations for this department has been placed under one heading, no specitic sum being mentioned for the latter object. ‘The Commissioners of Charities and Correction assert that this appropriation, with the ex- ception of some $20,000, will barely cover necessary expenses of supplies tor the department under thoir control, A regular meeting of the Board of Estimates and Ap- portionment was held in the Mayor's office yesterday afternoon. Comptroller Green, Mayor Wickham, Al- der Lewis and Tax Commissioner Wheeler were prese: Resolutions were adopted authorizing the issue Of $25,000 additional new Uroton Aqueduct stock to pay laborers engaged on the public works, and also judgment bonds amounting to $1,650. The Health De- partment requested an appropriation of $4,752 92 to pay for printing their annual report, which was referred to the Comptroller, St. John’s Guild sent m a state ment as to expenditure of excise moneys previously appropriated POSTAL NOTES. were sent yesterday:—By steamer Monta: for Queenstown, 35,113 letters and 48 bags of newspaper Liberty, for Cienfuegos, 256 letters and 2 bags of papers; Ashland, for Nassau, 365 letters and 2 bags of papers; City of Merida, for Havana, 5,800 letters and 4 bags of newspapers. Total, 41,534 lotters and 53 bags of news- = nates The following 1s the report of mail matter de- ivered and collected by the letter carriers at the Now York Post Office and the expenses Incident thereto for the month of January, 1876:— Carriers employed : . < 432 | Delivery urtps daily. + Tand 8 | Collection trips daily. Wand 14 | Registered letters de 26,600 Mail letters delivered. 2,887,315 Mail postal cards delive: 34, Local letters delivered | Local postal cards delivered. . Newspapers, &o., delivere Letters returned to the office, | Letters collected... Postal cards collected... (594,844 Newspapers, &c-, collected. ; 404,986 Total postage on local matter delivered through the boxes, general delivery, or by 81,865 21 teee 81,621 09 CUSTOM HOUSE NOTES. ‘Yesterday Deputy Collector Phelps, of the ninth division of the Custom House, caused the seizure of a number of English books imported by G. A. Leavitt, for undervaluation. The matter is now in the hands of United States District Attorney Phelps. Mr. Hale, the newly appointed Supervising Treasury Agent of this city, informed a Henan. reporter yester- day that be had decided to make no changes in his de- partment tor the present. It is reported ‘that his pred- eceseor, Colonel F. E. Howe, will shortly be appointed w @ foreign consulate, THE PRODUCE EXCHANGE. ‘The question of removing the circle on the second Board of Managers yesterday and was postponed until the next meeting in March, Mr. A. S. Spaulding re- signed as one of the managers and Mr. John H. Pool | was elected to fill the vacancy. The following were ap- pointed Inspectors and weighers of lard and provis- jons:—-Henry Atmelung, A. A. Bogert, G. ©, Burger, Goulard, Rouse & sostwick, W. P. Moore, Samuel Wallave’ and Wright & Berne. The Law Commitice made new rules in Fegard ty lost certiticates, the prin. i cipal features of which were that the fact of such loss should be advertised thirty days in the daily papers, besides posting up notice on the bulletin of the Ex change. After this has been done and the } ters | into bonds with the Board that no loss or damage shall crue to the association by reason of a reissuance a new certificate will be granted. REAL ESTATE SALES. The Exchange was crowded yesterday, owing to the fact that valuable Broadway property was advertised to be sold by Ludlow & Co., consisting of the six story brick stores and hotel, known’ as Nos, 917 and 919 Broadway, southwest corner of Twenty-first street. It was put up by the owners at $175,000, but no bids above | that amount could be got, and the same was thereupon withdraw: D. M. Seaman sold, by order of the Court, one lot on | Thompson street, 1223 feet southwest of Houston street, to William H. Hurlbert for $13,000. Tichard V, Harnett sold, by order of the Court, the house and lot, 20x100, No. 24 Jane street, Greenwich and Four Myer Finn for $4,000, Also # house and lot, 20x1022, on East Kighty-irst Street, south side, 200 feet cast of Madison avenue, to H. J. Furber (or $1,000 over a mortgage of $13,459, in all $14,455. Also’ forecloeure sale of the premives, rights, fran- chises and property of the New York Onty Central Un derground Railroad Company to the plaintiff, George Vanaerburg, tor $30,000, . J. Bleecker & Son sold the house, with lease of Jot, feet front on Fast Broadway aud ranning through to Canal street, said leave dating from May 1, 1867, tor of ten years at aground rent of $700 per annum, po H. Halstead tor $13,000, Oliver Bryan sold the tract of Jand containing 11, 114 1,000 acres, located on Leggeit's Creek and o | toad leading from West Farms to Hunt's Point, Weee Ferms, Twenty-third ward, to K Kitching tor 000, sat property having sold three yours ago tor $0,000. Clarkson & Chandler sold the four story brown stone house and jot, 19.6x25.5, No, 68 Kast Forty-ninth street, south side, 200 feet west of Fourth avenue, to Hoimes Brothers for $8,400, PAYING CENSUS ENUMERATORS. ‘The Comptroller is now paying the census enumer- ators for Assembly districts Nos. 1 to 13 inclusive. Payments will be made daily of the remaining districts, numerically, Total. appelants, vs. George | pellant.—Argaed by A. P, Laning, of-counse! for appel- | Mrs. Byrne is left $5,000. The mterest of $2,000 is | portionment. The trouble appears to be that the item | Postmaster James reports that the following mails floor for the use of the grain men came up before the | between | ~ PIANOFORTES, ORGANS, 40>, —FOR RENT, UPRIGHT, SQUARE AND GRAND Pianos of also for sale and rent, @ in perfect order. WiLLe , above te H STFINWAY GRAND, NeW | * janos and Organs on instalments and to rentt inrge ai ent X. BALL & COL, 1 Bast Meh —FOR SALE, A MAG) Steinway Piauoforte for improved seal, 745 vetave Wind: 300; has guarantee and bill of sale i AN IMMENSE SACKIFICE—AN ENTIRELY NEW nd first class 7 1-3 octave Piano: must be sold regard fcost. Piano can be seen at 261 Peart ot., neur Pulton, | SECOND HAND PIANOFORTES, IN | x sale erate prices; also on favorable tera, av., corner [nth st, I STOOL, NONNS & wo-bank Organ, $1405 limton place (Sih st.), ‘D CORNERS CARVED in immense sactte alments. Bowery. Y WILL SEL TNEIR STEIN. rte at sacrifice; four round, 7% ¢ craffe. overst! we Pian a 7% octave Yecker & new, $250; box for shipping. West 16th st. BEAUTIFUL CARVED ROSEW IFICENT, FOUR ROL hicker Piano, seven octaves, + upright andaquare Pianos, and ¢ Kita: Planotorte (cost $450), $100, 248 Bi BEAUTIFUL PIANOFORTE, $100; A STEENWAY | Pinnoforte: creat sacrifice, J. BIDDLE, 13 Waverley place, Tin Ns POR Sab “SUPERIOR MAD! C ‘Organ of eihteen stops, iw bas ~ octaves. Wilt DAVE Oh BALE LOW—AN ELEGANTLY FINISHED FOUR rouud corner rosewood I nearly new. 385 2d aw, * CHAS, DIETZ, (QREAT SALE OF PIANOS Un view as 74 University place, and to be sold by ane sion on Fhnreday, Pebrumry 10, at UL 0 clock, the Tolfowing nen rosewood concert grand Pi Steinway & Sons, rosewood grand Piau ‘One rosewood grand One roxewood four rou $ One rosewood Piano, by Hallet & Da One rosewood Plano, Wi A Se Also a number of fine old Violins, WME ROBERT SUMERVILLE, Auctioneer. JT AbDY WILL SELL FOR $100 © ING ROSE. 4° wood Plancforte, modern improvements, order Sweet, powertul t 8 East dd st., mear 2d’ ay. fe | M AGNIFICENT 7 1-3 OCTAVE ROSEWOOD PIANO forte, having carved legs, lutest improvements, $115, at GORDON's. bia Fst. - PANGE TY OCTAVE. MANUFACTURERS’ PRICES, ‘$200; ali Improvements: instalments taken; rent $5. CABLES’, corner 6th av, and PRIGHTS AND SQUARE K Te NT AND SELL; LOW ric new Pianos on $12 monthly instalment ANTED—A PARLUR. OR SQUARE GRAND PIANO, by ing & Son, Ho, by Hazleton, vis. $25. GORDON & SON, 13 East 14th st, reliable maker, new of nearly so, in exehany a ee new Pateti, Philip & Co.'s gentleman's Gold Stemwinder, one very le stone Cameo Set of Jowelry, also hijh« winder, Address, with full particulars, IANO BUSINESS, Herald office. THE LECTURE SEASON. PHILLIPS ON INDIAN POLICY~ Union Hall, Wednesday, February 9. Re . at Watson's music store, $2 East 14th st. Dope served seats, 50e, ~ DANCING ACAD: EMLES. SCHOOL, LLEN DODWoRTIN Brooklyn branch at 19% Washington st. lessons for ludie: entlemen and children. send for circulai Classes or private For particulars T FERNANDO'S DANCING ACA corner dav. (Bank building).—Classes Thursday evenings, Wednesday and Saturda new classes now forming; reception Thursday, February ator. M. —CARTIER'S DANO! allding, Stuyvesant s¢ rivate lessons 1 UMAR'S DANCING ACADEMY, 24 WE: ances taught perfectly per ‘quarter. perfectly in six private lessons. Waltz, glide ¢ glide specialties. WA TED TO PUR TO PURCHASE—A SOFA BEDSTEAD, IN. Be either im wud order; one that th wn rep or huireloth. ‘Address J. ‘ont office. WANTED, TO PURCHASE FOR CASH—A SECOND hand Soda Water Generator, with copper fountains: also Apparatus for making reot beer. Adaress, with ful particulars, price, éc., C. LEWIS, M. D., Jersey ' City Post office, L BILLIARD TABLES, solely used in all chau ables at reas OLLEND BEVETe Rillinrd ith th elan & Collender combination cushions, for sale in this city only at 738 Browde way. (CREAT INDUC: T hand Billie DENTISTRY. ETH MADE IN THREE HOURS AT 128 st., between Oth and 7th avs, Broad Sets; Plumpers d street ferry of SET OF TE) LL West sath way. Speci ewrl, whale’ Sixth a NEW, |, 128 West 4th st., | EAUTIFUL ARTIFICIAL TRETH, #8: SINGLE, fu warranted: prices to suit times. NEW YOR® DES TAL ROOMS, 262 6th av., near 16th st. s TRADES. *¢ RAUGHTS: . WELL UB A. S., Herald Add: ED IN A BUTCHERS siiOPs sno material difference; willing to go in the Address BUTUHER, Herald Uptown Brancl | country. office. PRACTICAL ARCHITECTUAL DRAUGHTSMAN, ‘one well up in detail drawings, may address rald Upt ranch office, A CARPENTER, HAVING A LARGE EXPERIENCE, and isa good repairer. wishes work in soe factory Z I Hest of references and security can be furnished, Addre: | CARPENTER, box 135 Herald office. PLASTER: ) AND MODEL MAKER DESIRES 4A_a situation, address A. H., Herald office. i N A STATIONARY EN good references, Apply at 208 BERS SITUATION WANTE dd machinist of several years’ experience in erect and machinery; will do all his own repairs Address ENGINEER, box 187 Heral ing engin rolerences Iurnished. Uptown: office. e JPIRST CLASS “LITHOGRAPHIC — TRANSFERE! color and steam press printer wants situation ; woul Joave the city: best reference ms to capability. Address BUSINESS, box 19% Herald office. | OR COMPOSITOR, EIGHT YEA) oD city experience, desires n sftuntion; will steady Job. ‘Address B., box 11) Herald office. vo 10 PAINTERS.—A YOU ES EMPLOY. vod plain painter and paper banger. BR, Herald ofiee. EW YoRK UBBER MANUFACTURERS. —s iy ber goods. Boston Post office, Mai y ANTED-A MAN TO RUN A TISSUE PAPED achine, Apply at 205 Wayne st., Jersey City, ED—AN EXVERIENCEDOUTTER ON LADIE®. to 8, ROTHSCHILD & BRO, its to ent with knife or shears; steady work. Apply Walker st. x <8 FRENCH ADVERTISEMENTS, TNE COUTURIERE FRANCAISE DESIRE TROUVES South Sei ay. J dos journee. S'ndrexser aun Ate { 26th gentlemen's Punetually attended by Mr ~ CLOTHING. 6TH AY., BETWEEN 25TH AN sant Medes Dastoal ¢ T 1274 BROADWAY, BETWEEN AND so A sts., Hroadway prices will be paid ff Clothing, Re. by culling or addressing B, HARR ASTROLOGY. REWARD—WE HAVE FOU? ition, the greatest business and m TER Hievents thromeh li speedy marriages, pe. tw ters she never are sick in, tree iH | visit this wondert gifted lady, ON. B.—No likenesses of love powder. Office, No. 278 West 25th st, third door eas® | wares * BUSINESS, mace 1, Clairvoyant, i® DICAL BUSINESS CLATRVOT XM ows likenesses; Suc. and #1 1, We i A ME. COLLINS, A RELIAWLE AND TRUSTWOR Mi tiy Gintevognis.” a7a sth av.. near 7th st ul 3 MEDICA Le TTENTION!—DR. JACOBY. (LATE. OF PRUSSIA) consnitation tree; private oftice 151 Bleecker st. A -MME. MAXWEDL, 114 BAST 10TH ST.“ MEDICAT 5 to ladies <MME. RESTELL, MIDWIFE, SINOR 180), NOT ASEM ity second sarees, Neen Gaur tava ie aren Aekat e GRINDLE, 1 is « Confidential consultation in all [Bye ad DR. OR MME. WHST.—ALL COMPLAIN cured; advice free. 45 Bleecker st., near Hr KR. SARA KB. CHASE, ROOM tute, this day, 3 F. Moto ladies; & ME. WILE tween 3 1st Consultation confidential, EXPERIENCED PEMALE DOCTRESD No, 40 East 20u st,, cures all complaints, TE, oh