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‘THE COURTS. Darling aid Green, the Third Avenue Bank Officials, Before the Supreme Court. Proceedings Under Writs of Habeas Corpus and Certiorari, DISCHARGE OF THE PRISONERS. Penalty of Introducing a Wrong Man in a Sensational Wood Cut. DANGEROUS DRUNKEN MEN ON CITY CARS. An interest a good deal exceeding that manifested in ordinary litigations before the courts was shown yes- teraay in the proceedings taken to secure the discharge of William A. Darling, Appraiser of the Port and for- mer Secretary of the Third Avenue Savings Bank, and Spencer K. Green, a former President of the bank, un- der the commitment granted by Police Justice Duly succeeding the examination concluded before him on Wednesday, and fully reported in yesterday's Henanp, One of the grounds of this special interest was the fact that upon the result depended the dispo- sition of similar charges pending against other former head officials. of the defunct bank. Following the decision of Police Justice Duffy the bondsmen of Dar- ling and Green surrendered them, and they were there- upon committed to the Warden of the City Prison. This, however, was from no distrust of their respective sureties, but adopted as an essential preliminary to amy application for writs of habeas corpus and certiorari, which were granted by Judge Donohue, of the Supreme Court. Judge Dittenhoefer, one of the counsel for the prisoners, in presenting the petition for the writs asked that they be made returnable forthwith, on the ground that on the 14th inst, the statute of limitations would prevent further prosecution of the case, and that it was important therefore that the question should be decided at once, so that tho District Attor- ney might take the case before the Grand Jury if Judge Duffy’s commitment was sustained, Judge Donohue made the case returnable at two P. M., and transferred the hearing to Judge Westbrook, ne being too busily engaged himself with other matters to listen to the argument, At the hour designated the case came on for a hear- ing before Judge Westbrook, in Part 2, of the Court of jommon Pleas, Judge Dittenhoefer and Messrs. Robert Sewoll and Abraham Wakeman appearing for Dar- ling and Green, and District Attorney Phelps for the people, There was a large crowd present iu the court room, embracing, as was stated, very many depositors of the bank, who watched with special interest the proceedings. -Mr. Phelps read a return to the writs to the effect that Mr. Darling and Mr, Green were held ‘under warrants of arrest, granted by Judge Duffy, on the 20th of February last, and pursuant to Judge Daufly’s decision, afier hoaring the testimony upon the ‘charges preferred against them. Mr. Sewell opened the argument on behalf of Messrs, Darling and Green, stating that the egnmit- ment on its face was void as charging no offence, aud that the affidavits on which the warrants were issued charged no offence, in that the statute of 1557 made the wilful false swearing to a report to the Bank | Superintendent perjury and not the making of a false Statement, which the Wurrants against them simply charged them with making. Mr. Phelps replied that even though the warrants were irregular, yet if His Honor on an examination of the papers found that an offence was committed he could hold the parties, though the offence was im- properly described, - Si Ex Judge Dittenhoefer made quite a lengthy speech in rejoinder, He insisted that the statute of 1807 making it perjury to swear falsely to the statements required to be sent to the Bank Superintendent was ab- solutely and unconditionally repeaicd by the statute of 1875, without any clause saving aud reserving prosecu- tions for offences already committed. He raised asa Second point that under the statute of 1857 two re- ports were required to be made to the Bank Superin- | tendent, ond on or about the 25th of January as to tle condition of the bank on the Ist of January, and: tho other on or abgnt the 26th of July as to the condition | ot the bank on the ist of that mouth; that only false swearing as to such reports required by the statute was perdury ; that on tue lst of February, 71, the lelendants did make a report as to the condition ot the bank on the Ist of January, 1871, which was not attdcked in their proceedin; but that subse- quently, on the 14th of March, 1) of their own ac cord, and though not required by the statute, they ma voluntary explanatory report, which was at- tacked here, and that the offence being statutory, and not common law perjury, and the report of Mareh 14 being wltra vires, no perjury could be based on it, He raised asa still further point, thateven as to the ro- portof March 14, the items which are disputed wero | such items as the statute did Bat require them to give, | and therefore that no charge of perjary could lie. Judge Westbrook, interrupting, asked why men of | such high position as the accused raised these techni- peal points, . ExJudge Dittenhoeler, in answer to this.interrog- atory, replied that his clients would be able to vindicate u se.ves fully and completely on the merits, bul that y were desirous of avoiding the etain and si an indictment which would injure them in public estima. _- ton, even though ergry gtd acquitted, He stated further, in reply, that if there was no offence and crime under the Jaw, tliere was no reason why they should be crimmally tried, and that ali questions aflecting the merits could be raised in a clyil action. Judge Westbrook said that there was great force in this argument. Mr. Wakeman raised the additional point that tho statute required the report to the Bank President to be signed by the two principal Oflicers of the bank, and ‘that on the face of the papers it appeared that Mr. Darling was simply secretary ad interim of the Third Avenue Savings Bank, or an accidental secretary, and ‘Ot a prinetpal officer. Judge Westbrook asked Mr. Phelps what reply he had to make to the legal points raised by the opposing counsel. Mr. Phelps, answering, said that though the statute of 1875 repealed the erime of perjury us far as false swear- ing to a bank report was concerned, as enacted in tho statute of 1857, yet, ¢ latter statute provided that the punishment for such perjury should be the same as rovided In the general statute Nxing the crime of per- nea as that was Hot repealed, these parties could Judge Westbrook asked Mr, Fitch, who represented Mr, Abrens, the complainant at the police court, if he had anything he wisted to say jn the matter. Mr. Fitch stated that the questions raised wore very serious ones; but untortunateiy he had left his brief at his house, which he would like very inuch to bave sub. mitted to His Honor. Judge Westbrook, after somo further pened i. tween counsel, siated that he was compeiloa to leave the city m the morning and therefore could not exam. jne the questions raised, which exbenyn were very im- ‘tant ones, with that care he would liketo give them, Rie was tuchined to believe that the cominitment was irregular, Ho asked Mr, Phelps when the siatute of limitation expired, Mr. Phelps replied that at the latest the matter mast go before the Grand Jury on Monday morting. Ja Westbrook, being pressed to give an imme- diate sion, said:—I hardly know what todo about the matter, The difficulty is whether they afe sub- ject to punishment, the law of 1867 making them punishable being repealed. I only know Thira Avenue Savings Bank is in a bad cot 80 Pooper because the question as to receiver was before me, and the jadgment placing them in the hands of the receiver Roshic tines by me. I should be sorry to be understood In anythin, remarked as saying that these gentlemen were guilty of the crime. ‘The case preseuts this simple ques- tio! ‘Tho act under which these parties are to be held has beon the crime and .which sulyects to punishment is no longer in existence, Now, wh a court punishes for acrimo {t can only do so by power of the law, and Ss which ree ris no bay a! Romewn4 i in Swept a’ eu @ powor to pun is Tt neceeanriiy most. Ue eo on ever principle of Not only is the act led which makes the crime, but that which subjects them to that punisn- ent—punishment of perjury; so that they are before a tribunal charged with crime, when, the act creating the crime is. and when the act whieh subjects them to the punishment for erime is also repealed. On motion of ex-Judge Dittentoefer Judgo Westbrook ordered that the ners be discharged. In response es stmilar app! , Made on the same grounds by as counsel for Ci was likewiae orde ole te ence P, ane the latter THE IRWIN CASE. The examination in the case of The People against Richard B. Irwin, in regard to the $750,000 alleged to have been embezzled from the Pacific Mail Steamship Company, was resumed yesterday before Judgo Bixby at the offices of Mossrs. Vanderpoel & Green, The Pacific Mail Company were as usual represented by a hack load of books under the charge of Mr, Merrill, the bookkeeper, that were called for repeatedly by Judgo Fullerion on behalf of the defenes. The evidence elicited during the day from the different witnesses ‘was of the same order as that which transpired during the old Pacific Mail investigations, and no new sensation has ag yet beon developed, Ex-Vico President F, W. G. Bellowes was recalled, and the cross-examination continued by Judge Faller. jon. In answer to the questions that were out Mr, Denowes stated:—1 nave to make an explanation in Tegard to the loan of $650,000, as I now recolleét that collaterals to the amount of $500,000 were put up; the collaterals were put up and given to Mr. Stockwell; from what Mr, Stockwell told me I believed that the $500,000 would be paid; in my recollection he said it would be paid or would be re 1 think the books will show that the Cog making up the balance was paid; the duties of Eldridge and Irwin were to look alter the general business of the company in San Francisco, China and Japan; Mr. Irwin was known as the China secret: before he went to San Francisco; in the caso of a surplus in the hands of Eldri aud Ir- win alter paying their own expenses, such moucy was always sent to New York and charged on the books of the company hero; the entry in the stub book that you have just shown 1s in the handwriting of Mr. ‘Abercromby, former treasurer, Mr. Bellowes then identified the entries of the same check for $25,000, dated ye orne § 29, in the other books, The cheek for $20,000, dated May 11, 1872, was then identified, The two checks for $104,717 87 and $45,282 13, making up the $150,000 that was paid back by Harriot & ope ben none = —_ the stub of the be be and ident y the witress as appearing on the dif- ferent books that were produced, ho slag stated that they were made in the regular order of business. The check tor $500,000 that was chargod to Eldridge and Irwin was then taken up, and Mr. Bellowes stated that he believed the check was drawn to the order of Mr. Stockwell, The charging of $200,000 to the two China steamers “was then gone into, and Mr. Bel- Jowes stated that that was one method of concealing the real disposition of a part of the $750,000. A cer- tificate of deposit from Mr. Masterson was also charged to the account of Eidridge and Irwin, and shown to be a a of the $750,000, " derpoel then commenced the redirect, and witness stated:—I saw somo collaterals in the oflice of the company, just after the charge tor $650,000 was made; I saw them in the directors’ room;I think in the hands of Mr. Stockwell; I think Mr, Harriot was also there; I looked at the collaterals; 1 think they were bonds and stocks; I saw these bonds and stocks afterward in the company’s safe; I cannot tell you how long they remained there; 1 do not know whether they were surrendered to Mr, Stockwell or Mr. Harriot; I do not think they were in the safe as long as a month; they were surrendered on a verbal order from Mr. Stockwell; 1 am not aware that any other director knew anything about tho collaterals; Harriott Noyes did not have avy part of the $500,000 for which the collaterals been put up; 1° think that all the entries in regard to the 50,000 matter were crooked except that of the $150,000. A long discussion then ensued relative to the checks that were paid to the account of Kldridge and Irwin, and the witness went over the old story of the checks once more, The wisness then stated:—All the entries that were made with a view to charging off the $750,000, were made by the orders of the President, Mr. 0. B. Stockwell; I took no responsibilty in the matter, simply obeying bis orders; Ido not know that Mr. Irwin ever communicated any financial matters con- nected with the company to any one except Mr. Stock- well; when I objected to charging all the money to the San Franasco agency Mr. Irwin appeared to be in favor of it, and recommended that it should be disposed of that way; I believe that Mr. Stockwell showed me a letter to that eflect; the $100,000 that were charged to the coal account was never paid in to that fund, but was really used to take up the $500,000 debt, Judge Puligrton then asked a few questions in refer- ence (o the letter from Mr. Irwin to Mr. Stockwell, and Mr, Bellowes stated :—I did not say I saw the letter, but I thought Mr. Stockwell either read to me from a letter or stated that Mr, Irwin had written to him suggesting that the money should be charged to the San Francisco ayency; Mr. Stockwell spoke to me on the subject be- cause I objected to charging the money that way; I suppose the crooked entrics were made with a view to covering up the traces of the money that was spentin procuring the Chiva subsidy. : Mr. Vanderpoel then asked the witness in regard to three checks, for $201,412 50, dated May 15; $232,200, dated May 15, and $228,735 81, datod May 21, that were drawn to the order of Harriot & Noyes, Mr. Bellowes said he remembered drawing the checks, and on ox- amination of the iedger showed where the money was paid back, . Mr. Theodore P Johnson then took the stand and stated that every cheek that he drew-during the Pres- idency of A. 1, Stockwell the margin was written up according to the orders of Mr. Beliowes; I understood that Mr, Stockwell was respousible for the money spent in Washington; I remember he said something about the matter costing over $900,000;.1 think the lively discussion on the question of tho Washington expenses Look place betore the Board of Directors that was elvcted in May, 1872; Mr. Stockwell did not ap- y that ‘he was persoually lable aud inti- it Would be made right. ¢ Fullerton then read a contract between Mr. <Woll and the Pacitie Mail Steamship Company, tn which they released him from ail claims on receipt of 10,000 shares of the capital stock of the company and requesied to have itmarked aud put in evidence. Mr, Vanderpoel objected to the document as irrelevant, and Judge Bixby sustained the objection, Judge Ful- lerion made an argumeut trying to show its bearing on the case, but Judge Bixby would not accept it Mr. Henry Clews was then examined and stated:—T was a director of the Pacitic Mail Steamship Company from May, 1871, te May, 1872; I think I wus a member of the Board in January and’ February, 1872; I’ know nothing of tle payment of $760,000 to Mr, Irwin while I was a director, Cross-examiued by Jaige Fallerton:—I did not know anything about the drawing of the checks while I was adirector; I believe toward the close of my term I heard some rumors aboat some expenses in Washing- ton; I gave Mr. Cheever a lewer to Mr, Stockwell, as he said he could serve Mr. Stockwell in Washington; I did not know that Mr. Cheever was to be employed im connection with the suvsidy; I have no recollection { Mr. Cheever assisted me iu obtaining the ‘ess of the government; I do not remember that Mr. Cheever was ever in my employ;" I believe Mr. Cheever's business was to remain in Washiogton and obtain information for bankers and brokers;'I do not remember to have heard that he was engaged in any legislation; I presume I corresponded with Mr. Cheeve: er that time; I wrote letiers to him; I believe 1 was a member of the Auditing Com: mittee about that time; I never audited the sum of $26,000 tor Mr. Irwin, or any other sum; I was not an Olficer to wudit the book accounts; 1 knew. nothing whateyer of the $25,000 paid to Mr. Irwin; I recollect quite a number of loans to Harriot & Noyes; the curjties were all examined by us ana were quite factory; 1 am unable to say Whether Mr. Cheever lawyer or not; | lelieve Was not prescht at any mi resolution was passed authorizing the President to ex- pend moneys in procuring a subsidy. The examination was then adjourned until Monday at eleven A, M. i RAILROAD LITIGATIONS. The Crédit Mobilier contract of the Central Branch Union Pacific Railroad Company, which has been no- ticed the past three years on the calendar of various branches of the Supreme ‘Court as Tredwell vs, Pomeroy and others, is for an actoanting of the assets and profits of the contract for the construction of the road in which the plaintiff claims to be a copartner, The case has been up twice this week In Special Torm, Judge Larremore presiding, when Mr. Mount, for the piaintiff, im arguing to bave it go to trial stated how very long it had been before the Court and the ab injary to the plaintiff by these delays, Mr. 4 Walden, for the defendants, was strenuous, however, in his objections, As usual their witnesses were ch the rampago from Boston to Kansas; Mr. | Ralph M. Pomeroy, a ®ery important witness had taken bimself to Kansas just prior to the preseut term of the court and could not possibly get back in- side of ten days, if then, which he was prepared to show by affidavit. The plaintif’s counsel informed the Court that this very important witness for the defend- ants was the principal defendant himself, and that he must have known the case would be reached very soon and that he coulda be present if he desired, “Yes,” answered Mr. Walden, ‘you have made all the world defendants.” ‘A bill was yesterday fled m the United States Circuit Court, m the Southern district of New York, in equity, Dy the St. Louis, Alton and Terre ute Railroad Company, against Charles Butler, Sam- uel . Tilden, Russell Sage and Robert Bayard. Mr. Bayard 1s acitizen of New Jersey. The Dill avers that avout April 15, 1861, thas railroad being findncially embarrassed, a plan of reorganization was agreed upon, and that Robert Bayard, 8, J. Tilden, Joseph Tuckerman, John G. Richardson and Charles Butler were made a committee to carry that plan into effect, and that among other acts they performed cer- tain duties as a purchasing committee at the sales of the road. The complainant prays that the defendants may be required to give a full and true account of all their transactions as the purchasing committee in the baid sales, &c., and that the balance of moueys shown to be due by those accounts shall be paid to the com- ,Diainants, DAMAGES FOR LIBEL. Some time since there appeared in the Day's Doings a cut entitled ‘‘Row ina Boarding House,’ Mr, Benjamin Whitgman was represented as being one of the bel- %) boarders, As hedid not bappen to be a par- ticrpant in the little internecine strife he took objection to the portraiture of himself as one of the principal actors in the scene, and the result was a suit for libel against Mr, Frank Leslie, the publisher of the paper. The case came to trial yesterday before Judge Van Vorst, holding Supreme Court, Circuit. The evidence showed that the report of the case subsequent to the examination before the Policé Court got mixed up by the reporter's desemption, the names being misplaced in the report—in the World \t veing jumbled up in many particalars—Mr. Whiicman ‘requested a retraction, which was mad and he ex. himself as substantiully satisfied wtih the correction. A lew days afterward the original rej a8 appearing m the World, was published in the Se vm ay accompanied by the cut referred to, Mr. Leslie defer on groond that the article was cut-out of the World withoat his to the Seek. cc he was not aes the jicat a moreover, u was shea. 8 retPaction in the next number, The di ant did notattempt to justify the al was argued that the damages, if any inal, as there was no proof of matwe, aud particularly a | retraction was pablis! fegiae irate case one of some Uhat the article gras not made another up paper. NEW YORK HERALD, FRIDAY, MARCH 10, 1876.—-TRIPLE SHEE such an article under the circumstances, and whether the damages should be nominal er punitive. The jury, after a brief absence, returned with a ver- dict for $4500 for the plaintuf, DRUNKEN MEN ON THE CARS. Notwithstanding the ru!e of most of the city railroad companies prohibiting conductors from allowing drunken men to ride on the cars, it frequently happens that persons in pretty advanced stages of intoxication are allowed the facilities of transportation in these pub- jic vehicles, Of course some drunken men are sluggish and passive, while others are bellicose aud about as safe sometimes in acarasan untamed hyena, A trial was commenced yesterday in the Superior Court, before Judge Speir, which promises to test the question of the Niability of railroads for thus jeopardizing the safety of their passengers. Mr. Mortimer Hendricks brings the suit and claims $15,000 damages from the Sixth Avenue Railroad Company, on the ground that hoe was placed in imminent peril of ‘his life through a fero- cious assault made on him by a drunken man while he was riding in one of the defendant's cars, The story of the complainant is that on the afternoon of June 3, 1874, he got on a Sixth avenue car to ride up town; that the car had not proceeded many blocks before the driver called the conductor and asked him to take 1n- side @ passenger who was on the platform; that the conductor complied with this request, and that the man who had been brought in from the platform was intoxicated and covered with ,» and bere every appearance of having been on a protracted spree. He iurther states that ina very little while this drunken man, without a word of persinn bis part, rusbed upon him and gave im several quick blows in succession on the head, causing his nose to bleed and loosening teeth, besides in- flicting other injuries; that the man then ran from the car and he after bim; that he followed him into a rum shop pear by, when he pulled out his pistol, and after some difflenlty succeeded in taking him to the police court. The defence is a general denial. All day yesterday was consumed in taking testimony, the complainant being the principal witness thus tar examined. He told the ane given above, with, of course, a good deal more of particularization. It is robable that the trial wil! occupy two or three days, rE, ¥. Bell appears for the plaintif and Mr, John 4, Burrell for the railroaa company, SUMMARY OF LAW CASES. In a trial yesterday, before Judge Lawrence, .George Watrous obtained a verdict against the city for $1,339 50, for lumber. Arnold Schmedas, charged with running an illicit distillery, denied ail’knowlege of ‘the businggs, bat was yesterday held by United States Commissiontér Shields in $1,000 bail for examination, August Klem, accused of obtaining money from the Pension Bureau by fraud, was committed yesterday by United States Commissioner Shields, in default of $2,000 bail, to await the action of the Grand Jury. In the suit of the United States vs. J. Nicholson Elbert, indicted for forgery in the Circuit Court of the United States, before Judge Benedict, counsel for the prisoner has entered a plea of abatement, and Mr. Bliss, United States Attorney, has filed a replication and tender of issue. A motion was argued at length yesterday before Judge Donohue, in Supreme Court, on an application for an injunction restraining the Marme Court from trying six suits on promissory notes against Charles P. Chester and others, The motion was made on behalf of the Manhattan Telegraph Company. In the suit of Daniel F. Hastings, receiver, against Daniel Drew and others, tie facts of which have'been published in the HERALD, a decision was given yester- day by Judge Donohue, the case having been heard beiore Kim at Special Term. He holds that, no effec- tual proceedings having been taken to dissolve the New Jersey Steam Navigation Company, the judgment for $9,526 24 is valid, and that the plaintil is entitied to its payment. + In the libel suit of C. H. Marshal et at. vs. the Adri- atic, James Hamilton and James McKay, sailors on the Adriatic, testified befure United States Coinmissioner Gilbert yesterday that no hails were given from the steamer before or after the collision, and that blocks were found that belonged to the strange ship. The hearing will be continued to-day. Johavna Kennepick, who has been drawing a pen- sion for the last four years, claiming to be a soldier's widow, was yesterday tried before Judge Benedict, in the United States Circuit Court, on'a charge of fraud, it being alleged that she had since married, It not being proven that the pees, who performed the second marriage was legally authorized to do so, she was acquitted. The Pension Agent, however, has taken her name from the roll, Considerable time was occupied yesterday before Judge Van Brunt, holding Speciai Term of the Court of Common Pleas, on a motion to set aside a mortgage for $7,000 given by Mrs. Lorina J. Davis to Lawrence A. Ri- ley, upon which the latter raised $2,000, with the under- standing that he would not have it recorded, but would keep it in his safe. It is alleged that he failed to do this, and hence the present motion, the mortgage now being in the hands of Augustus C. Becksteip, who claizns to be a bona side holder, and who also is a de- fendant in the suit. Application was made yesterday to Judge Donohue, in Supreme Conrt, Chanibers, on behalf of the German Uptown Savings’ Bank to ‘have the receiver of the Manufacturers and Builders’ Bank pay $20,000, balance of loans still due the German Uptown Savings Bank. The application was resisted on the ground that the plaintif’is not entitled to any preference over other creditors, and especially as $20,000 has already been paid them on s¢count of cali loans, Judge Donohue granted a reference to ascertain the facts in the case, DECISIONS. SUPREME COURT— CHAMBERS. i" By Judge Donohue. 4 Spinetti vs. The Atlas Steamship Company.—Motion jenied, i Van Raust vs. New York College of Veterinary Sur- eons; Matter of Stephenson; Keckuck vg Jones (No. ); Von Hem vs Elkins; Bradley vs Shebley; Ched- sey vs. Kirchner; Bowery Savings Bank vs. Lowen- stein; Van Daesen vs. Kennedy; Reed vs, Samana Bay Company.—Granted. ne vs. Williams,—Granted. Memoradum. Hilbran vs. Racey et al.—I want to see counsel, Aster vs. Morris. —MotioOn denied, with costs. New York State Loan and Trust Company vs. Hel- mer; Thomas vs. Joyce.—Memoranda, Hart vs. Pettit: Bernstein vs. Speerman.—Motions denied, See memoranda, Nottbeck vs. Notibeck et al.—Granted. Guardian cannot consent. Mayer vs. Engel and another.—On payment of $10 costs by plamtitf and putting the cage on culendar mo- tion dismissed. Matter of opening new avenues intermediate to avenue St. Nicholas and Eighth avenue and other streets.—Order granted coulirming the report of Com- missioners, * Kelsey vs, Hogeman.—Motion denf€d. Aside from the order of Judge Van Brunt I do not think the Court would be justified in granting the order asked for. Bradley vs, Sheely.—Motion granted. Memorandum. By Judge Lawrence, Harlem Bank vs. Orcutt.—In this case I wish to be informed whether a motion has been made to vacate the order of arrest. Ifnat, I {cel strongly inclined to allow the defendant a hearing on the morits of tle order of arrest. Matter of opening mew avenues intermediate to avenue St. Nicholas.—Order granted. Matter of the receivership of the Household Pub- lishing Company.—Mr, Patterson having deciined to act as receiver, I shall appoint Joseph Warren Green in bis stead, Let a new order be presented. Jordan vs. Fostér.—1 do not think that it will be in furtherance of justice to grant the amendment asked for, Code 173. The case in 59 New York docs not ap- pear to deny the right of the Mg ig! to permit a ro ceiver to be sued, and an order that effect having been entered I am unwilling to grant the amen Motion denied. Hanselt vs. Vilmar,—Motion to set aside Judgment is dented, with costs. Krause ys, Aaron.—In this case I am of opinion, after examining the papers read upon the motion, that a receiver should jerry Worth ya. Thayer.—Even conceding that it is within the power ofthe Court to grant the amendment sought for, a careful perusal of the moving paper leads me to adifferent conclusion from the impression which I formed on the argument of the motion. My impres- sion then was that the amendment asked for should be granted if within the power of the Ce The action being penal in its characti id one of the claims barred by statute, 1am satisfied upon reflection that the amendment ougut not to be granted. Motion de- nied, wishout costs, . Weetjen vs, St, Paul and Pacific Railroad Company.— The plaintiff must give a bond in the penalty of 000. oe vs. Humphrey's Specific Company.—Motion for leave to discontinue without costs is denied, Holland ys. Fargo and so forth, et al. —As it does not appear that the book which the witness was subpoenaed 2 produce is in any respect material, the motion is SUPERIOR COURT—SPECIAL TERM, Clark vs. Bininger —The prayer of the petitioner is uted and the referee is directed to report within thirty days what would be a reasonable and proper compensation to the respective attorneys and counsel in this cause for their services The Blackstone National Bank of Boston va Bo- gart.—Motion for reference ited. Memorandam. Brown vs. The Mayor, &a—Plaintif’s motion for judgment on answer a8 frivolous demed. Colt, va, Col,—Motion for allowayce to defendant grantéd—$209 . r4 v Steinberg va. Lasker,—Order denying cane | 10 var cate order of arrest, with $10 costa to plainti! Smith vs. Crow et al.—Order allowing complaint to be i nune pro tune as of the 22d day of November, ist Armstrong v8. Johnston et al.—Reforco’s report con- firmed and ja nt of foreclosure and sale ordered. Martin vs, Martin. —Reference ordered to take proof. Miller va. Friedberg.—Movion to strike out answer as shown denied, rls Now York: aly; Herc me fe + idem, Becker va: ‘The. Kaickorhoeke ablde event of suit. Knapp va Martin; ; Cannen vae~ Scott ob al.; rs granted, ite Insurance Compat Brardt vs. Gouswet,—0O1 COMMON PLEAS—EQUITY TERM, \ By J vy; ront, Peele! vs. nat Pindhge OF fact and aw. Judg- ® ment jor delendant, : Moraguhl vs, Barbara Bubl.—Memorandum. COMMON PLEAS—CHAMBERS, By Judge Van Brunt. Scott ve, Delibla—Motion granted on terms, See memorandums, MARINE COURT—CHAMBERS, By McAdam. Woerbhie ve. Conver, on, Baxior ye, Cammings.. settled and fled Meehan vs. Vogelbacher,—Maintiff may take an order requirrng the defendant to appear and conclude ‘bis examination on March 15, 1876, at teu o’cloek A. M., and produce bis books, ttlarge vs Carter; Meyer va. Brown; Reynolds vs. Zuiger; Simon vs, Norden. —Motions denied. Treadwell vs. Lyon; Draper vs. The Chase Manufne- turing Company. —Motions granted as per order tiled. Larinio vs. Dendem.—Motion to dismiss complaint granted, Burebell vs. Bruno.—Receiver’s bond approved. Michel vs. Claire; Rothschild vs. Jackson,—Urders advancing causes granted. Sylvester vs, Schueckenberger.—Motion “for judg- ment granted, ¢ Cromwellva. Burr.—Motion to open default granted. Loiks va>Peters.—Motion to make complaint more definite, &c., granted, Leslie vs. Moody. Oyler advancing cause. Leithead vs. Freeland.—Order of reference to Mr. Daniel T. Robertson. By Judge Goepp. Mitebeil vs. Terry.—Motion granted on payment of costs to date, COURT OF GENERAL SESSIONS. Before Judge G ildersleeve, RYAN DECLARED NOT A PIRATE. Matthew Ryan, indicted with Lowery and the other river pirates, and whose trial was begun on Wednes- day, brought two witnesses to prove an alibi, ana was acquitted yesterday. A STORY THAT WAS NOT BELIEVED. James Hawkhurst, who gave his residence as No. 10 High street, Brooklyn, was arraigned chargea with the theft of a rifle from Charles W. Barry, of No. 16 Chrys- tie street, on February 23. He pleaded guilty, but asked permission to make a statement in palliation of his guilt, which, being granted, he proceeded to state that he had a wife and six small children tn Brooklyn; that on the day of the theft he bad been canvassing books all day without getting a single subscriber, and that, hungry and desperate, he saw the gun in the premises uamed, and, the temptation proving too strong for him, he had carried it off. ‘Ihe Assistant District At torney stated to the Court that since the prisoner had made'such a pitiful appeal he felt it to be his duty to inform His Honor that the prisoner had served a term in State Prison, where he was sent under the name of James Madison Hawkhurst, The prisoner denied this statement most emphatically. The Court sent him to State Prison for two and a half years, PLEAS AND SENTENCES, The flowing criminals, who pleaded guilty, were summarily sentenced:—William — Williams, James Cushing nd Joseph H. Gannon, alias Gras, sick, three youths pf sixteen, who, in company with two others, assaulted a pedler named Selig Selberger, on January 20, and robbed him of his pace and $20 in money, pleaded guilty and were sen- fenced. to two years each in State Prison; Gilbert Green, a colored waiter in the Hotel Brunswick, who, aiter his discharge, Stole a gold watch and $10 in money: from the room of Abraham Bernheimer, a guest of the house, on February 15, pleaded guilty to grand larceny, and was sent up for two years; Charles Collins, a hack driver, nineteen rs old, who committed an assault with a knile upon F, J, O'Brien, of No, 15 East Twelfth street, on January 21, was consigned to the State Pnson for four yeurs; Thomas Lloyd, aged nineteen, of No. 501 West ‘Twenty-eighth street, who attenypted to stab Isidore Harriselii, of No. 431 Kighth avenue, was sent to the Penitentiary for threo’months, ESSEX MARKET POLICE COURT. Before Judge Otterbourg. b A SAILOR’S ASSAULT. At a late -hoaur Wednesday night James Curran, keeper of a sailors’ boarding house at No. 6 Hamilton street, became involved in a quarrel with one of his boarders named Francis Cantpbell. Campbell pulled a razor trom his pocket and cut Curran in the face, in- flicting an ugly wound. He afterward attacked a nephew of Mr. Curran, cutting him severely in the hand. Campbell was subsequently arrested, and yes- terday held in $1,000 bail to answer, WIFE YS. HUSBAND, Mary E. Milfer and her husband, Charles Miller, became involved in a quarrel on Wednesday night at their residence, No, 130)¢ Columbia street. Detective O'Conner, of the Eleventh precinct, heard the noise within, and, entering the premises,’ arrested Miller, whow he saw cutting his wile in the forehead with a sharp pocketknife. Miller violently resisted arrest, but the dotective soon overcame bim and took hitn to tho station house, He was held yesterday in $1,000 bail to answer, BURGLARY, Alonzo Green was held !n $2,000 bail for breaking into the house of John Wehr, No. 91 Norfolk street, and attempting to steal $150 worth of clothing and jewelry. When detected he was in the garrct of the house, to which he had made bis way after first forcing open a froat door. When found in the house he at once surrendered himself, GBAND LARCENY. Charles W. Larney, of No, 810 East Twelfth street, WAS held in §1,000 bail to answer a charge of stealing $50 worth of jewelry from the house of Mary Stacoun, No. 31 East Teath street, POLICE COUKT NOTES. Waiter Harris, of No. 48 Crosby street, a printer, was yesterday held to answer by Justice Flammer, at the Tombs Police Court, on a charge of stealing a quan- tity of jewelry and clothing, valued at $100, from the store of John Schorndorf, pf No. 175 Bowery. Bail, $1,000. The goods were recovered, Michael Mullen and William 0, the proprie- tors of the “Burnt Rag,” a Pie.” “Raabe which was pulled afew days ago by Captain Allaire, of the Fourteetith precinct, were again béfore Justice Flam- mer yesterday; the former on a eharge of burgiary, ‘committed in Jersey City, and the latter for passing a United States counterfeit note for $20. Mullen was held to await a requisition from the Governor of New Jersey, and Thompson was remanded to the station -house until a warrant for his arrest from the United States Commissioner should be served on him. Sebastian Early, aged ten years, John Ryan, of Green- wich street, and two other boys went to the Central Park for a stroll yesterday morning, Sebastian had $13 in his pocket, of which tact his companions were aware. When Early was a good distance up in the Park and in a lonely place his associates suddenly seized hold of bim, pusbed him up against a stoye wall and robbed him of all hig money. One of the young highwaymen generously handed him back $1 to pay bis car fare and lodging. Yesterday afternoon Early, who says he ran away irom his home in Chester, Pa., met Ryan down town and caused bis arrest, Justice Fiammer at the Tombs held him in $1,000 to answi Three tram} named Jam McManus, Thomas Dunn and Patrick Ryan, charged by Henry Denike, No. 426 Third avenue, with disorderly conduc! ‘At Thirty-sixth street and Madison avenuc the com- plainant was accosted by Dunn, who asked tor some money. This being refused him ‘Ryan began to abuse him, until be was finally arrested aod brought to the Fifty-seventh Street Police Court, where Justice Duily held them each in $500 to keep the peace, Bridget McG@lann, 100th street and Tenth-avefiue, preferred a charge against Thomas Doubleday, of 129th street, between Ninth and Tenth avenues, with having embezzled $60 from her. Doubleday, who is a clerk in deponent’s employ, was committed in default of $1,000 at the Harlem Police Court yesterday. Jobn Gaun was charged at the Fifty-seventh Street Police Court yesterday with having run over Daniel Reardon, breaking his leg and inflicting probably fatal injuries, Justice Murray committed him to await the result of Reardon’s injuries. COURT CALENDARS—THIS DAY, ae Covurt—Cuamnrrs—Held by Judge Dono- ‘08. 61, 6, 71, 96, 97, 102, 104, 110, 126, 139, 153, 2, 179, 180, 189,191, 284, 288, '293, '204,' 296, 808, 311, 829, 330, 332, S40. Scrreae Covkt—Gengrat Tgnm—Held by Judges Dayis, Brady and Daniels.—Nos, 10, 28, 33, 34, 44 52, 65, 76, 95, 121, 129, 182, 183, 134, 135,’ 136, 137, 133, 138 4¢/ 146, 14d, 142) 143,144, 145, 146, 147, 148, 149, Scurreme Courr—Ciacerr—Part \—Held by Judge Barrett.—Case on, No, 1189. No day calendar. Part 2—Held by anes Lawrence. —Nos. 5498, 2137, 2410, , 200, 1968, 2344, (058, 1756, 2426, 1708, 150454, 182052) 177244, 1868, 1 2ubo, 2058, 2300, 2480, 2514, TOs, 1020, 1300, 4 pains porta R ‘ ay Sil , 4, 2636, 2602, 2074, 2512, 2436, Srrciat Tera—Held by Judge Larremote.—Case on. No, 225. No day calendar. Part 3—Hoid by Judge Van Vorst.—Short causes—Nos. 1349, 1777, 973, 2283, 2194, 2433, 2400, 2629, 1401, 2411, 2407, 1785, 2181, a 2647, 249, 2651, 2653, 2695, 2533, 2629, 2613, 2621; ta 1517, 2481, 2484, 2501, 2609, 2071, 2487, 2278, 2349, iu, 2605, Cocnt—Srrcian Term—Held by Judge Curtis —Nos. 23, 1. Screrion Covat—GexeraL Term—Adjourned to Mon- day, March 18. crmnion Covrt—Triat Teaw—Part 1—hi vy Judge Sanford.—Case on, No. 1217, No day dar. Part 2—Hold by Judge Cartis. Nos, 14 702, i. 768, 2047, 496, 978, 1011, 1012, 1014, 1015, 1016, 101%, ‘Lois, 1020. Commos PLEAS—Tatat Tenw—Part 1£Hold by Judgo Robinson. —Case on—No, 1263, No day calendar. Parts land 2.—Adjourned for the term, Commax = Pixas—Gexerat Term—Ifeld by Chief Justice C. P. Daly and Judges Van Hoosen and J. F, Day ae 3a, I is hy me on 177, 179, . Common Phen imager, Hen —ttend yy Judge Van Brunt. — Demurrers—Noa. 2, 11, 13. Manrxe Cocet—Tniat Tera—Part 1—Held by Jud, sae 8760, 3) 6 93) ons, 3006, 158, Part fo Cg 4315, 8749, 6750, 6961, 6321, , 8687, 3042, wis a Se, Ca wa ela ia ie Court or Grewnat Srenons— “Hela Jadgo Grider, Ram Charles “ battery; Same va 3 tame ve Francis aud John ; Same vs. iret 1 Ry: 0, bargiary bes) vel Ryan, ‘ urglary ; ‘A cK barglary j tertramnbe, Cnesidy. varglaty; Sake va," Gherles Shc vt Dent hihony.grond krweay Sua Salary Keli, rong leresdes Some yu Chars * bur: pal Butler, grand larceny; Same vs. Anthony Fay, Jareeny ; Same va. August Swoe, false pretence: ys. Willlam Camm, receiving stolen goods; Sat va. James Quirk, petit larceny ; Same ve. Diedrich Geiles, peut larceny; Same vs. George Nolte, petit larceny; Same vs, Anthony Barrett, petit larceny; Same vs. William Calaban, assault and battery; Same vs. Walter Burns, assault and battery; Same vs, Jon Lewis, ag- sault and battery, - THE SHIELDS DOWER LITIGATION. Yesterday the trial of the suit of Jane Shields against the executors of the estate of Henry Shtolds for right of dower was continued before Justice Gilbert if the | Supreme Court, Kings county. Rev. Father Malone, pastor of the church of St. Peter and St. Paul, Will- | iamsburg, testified to having baptized Catherine Shields | (now Mrs. Bonner) and Heury Shields, brother of the | latter, both of whomare children of the plaintiff, who | claims to have been the first wile of the deceased flour merchant, Counsel for the defence objected to the ad. mission of evidence on that pomt, however, on the round that it was incompetent and immaterial. The Jourt ordered the testimony to be stricken out. In the evidence for the plaintiff, which was concluded yester- oy two elderly men testified that they were memLers ot Engine Company No. 8 in 1834, and remembered | Henry Shields giving an entertainment to the engine company on the occasion of his marriage to Jane Shields, the plaintiff The case for the plaintiff has rested, and to-day Mr, Beach will open for the defence jeans will doubtless go over to the middle of next week, MEETING OF GRAIN MERCHANTS. The discussion of the Committee on Rules yesterday resulted in the adoption of the following:— Rule A4.—The inspector in chief, under the super- vision and direction of the Committee on Grain, shall, on September 15 of each year, establish the grades of grain, except for corn, the grade of which shall be es- tablished on December 1. Rule M.—On ali sales or purchases of grain to arrive or for future delivery either party to the contract shall have the right to call an original margin of ten conts per bushel ou wheat, rye and barley, aud five cents per bushel on corn and oats, and a {urher margin from time to time to the extent of any variation in the mar- ket value from the contract price, said margin to be deposited In such bank or trust company. as may .bave been designated by the Finance Committee of the Prod- uce Exchange, provided that said bank or ‘trust com. pany shall not be expressly objected to at the time of making the cal. In case of such objection then the deposit to be made in some duly authorized bank or | trust company not objected to. When margins are | called before three P. M, they must be deposited before tweive M. the following day. In case of tailure to de- posit then the party calling the margin shall have the right to cover his or their contract at discretion foi j count of the party failing to respond to the Call for margin, When markets are called (original or tor vari- ations in the markets) certifled cheeks must be drawn to the order of the bank or trust company in which id ‘Sime GERMAN THE UPTOWN ' SAVINGS BANK. The receiver of the German Uptown Savings Bank, Mr. Herman Uhl, fled bis second statement yesterday tn the County Clerk’s office, This statement shows tho receipts and expenditures of the bauk since January The foliowing 27, when the first report was seut in. are the principal figures:— RECEIPTS, Cash on hand..... Ou bonds and mortg Town bonds, sold in coup Cail loans collected , Jnterest and rents, Manufacturers and Builde: COUDL. 0s eeeee Collected from overdraft TOMY. sun pasos PAYMENTS. On Urst 25 per cent divided between do- a denise wacveees $146,101 23 payments to depositors Call Towns return 121,352 80 Currcat expenses ‘870 64 Misceilancous .., 262 $136,536 19 $179,654 46 ROUBLES, The failure of the Wilson Iron Company, ef No, 96 John street, was reportedsyesterday, H, Braumlich, jeweller, of No. 70 Maiden lane, bas asked an extension from his creditors, His liabilities amount to about $4,000, and his nominal assets about $12,000, Augustus W, Sturges, paper dealer, of No. 20 Reade street, has gone into bankruptcy. Mr. Sturges? failure is owing to the failure of Jovn ©, Stockwell, If A. Philp and other houses who were indebted to him for various amounts, His liabilities are about $20,000 and his as Sets about $16,000, Robert Halsey bas made an assignment to George W. Powers for the benefit oi his creditors. In the matter of Leonard F, Requa, bankrupt, Mr. Charles H. Currier, the assignee, has declared a ‘dvi- dend of five per cent. veting of the creditors of James L. Anthony was yesterday at the ofllee of Register Fitch, No. 345 how cause why the Daukrupt should not chi No opposition was shown by the cred- itors and the order of discharge will be granted. * At the meeting of the creditors of L. Rose & Son, of Vussau street, held yesterday at the office of Register Fitch , wll the creditors but one signed the compromise oflered of twenty-five cents on the doliar—twelve cents in six months and thirteen cents in twelve months, The ex ng creditor is examining the bank- they are to be deposited, and sent to the Superintend- ent of the Exchange, who shall deposit the same and | receive a certificate of deposit, made payable on the | . ordor of the Superintendent of the Exchange, and to | the order of the buyer and seller, The Superintendent | shall promptly send such certificate to the party mak- | ing the deposit, and a copy of the same to the party calling the margin, In settlement, the Superintendent shall indore the amount due on’ the certificate over | his own signature, as istructell by both parties to the contract, Incase the two parties do not agree as to | the amount due on the margin certificate, the samo | shall be submitted to arbitration for final adjustment. | Incase of the absence of the Superintendent, tho | Presicent of the Produce Exchange, or the Chairman | of the Finance Committee, shall act tn his stead under this rule. The following was offered asa substitute for the original rul Rule N.—Sellers of grain have the right to deliver any grain in the customary manner afloat in the port, provided the same shall grade in accordance with the | contract on which the delivery is to be made, subject to the following conditions, viz, :—When grain afloat is tendered, the inspector shall inspect the grain in the boat and also superintend the actual delivery of same; | when the grain tendered is in store, the inspector shall inspect ihe grain in store and also superintend the de- livery of same {rom store into lighter or vessel, The inspector in chief shall give a certificate of such in- spection, which certificate shall be valid the samo as | with graded grain arriving by railroad companies Rule O.—Any party fecling himself a; d by the decision of the Cominittee on Grarn in the interpreta- Uon of these rules shall bave the right o: Arbitration Committee of the Produce Exclia no change shall be made in the rules, utlless by ing of the grain trade properly called, at which tweuty shall constitute a quorum, FOREIGN LANGUAGES IN THE PUB- LIC SCHOOLS, To Tux Eprror ov tue Herann:— The discordant feelings and opinions arising at the present moment in regard to the instruction of the German langunge in our public schools are the source of conflicts which cannot fail to lead to a bitter con- test between a part of our German and American cite zens. A namber of the German population in this State believ@it to be a malicious act of the New York | Board of Education to refuse the introduction of said language in the branches of instruction of every pud- lie school, and also believe it to be a sacred duty of | every citizen of German descent never to vote in the | future in favor @f any public officer opposed to their views in regard to matters of public education, The question itself is not without a direct import. | ance to every citizen of the State of New York, and if | it would be true what some German citizens state— viz, that the knowledge of the German language ts a necessity for the moral welfare and intelleciuality of | our nation in the tuture—nothing should be neglected for making this study compulsive in every school of the State. Upon a first review of the whole | matter a decision m favor or agaist the said introduction in our public echoo! system secins | not.to be an easy tusk, but by considering that question more earnestly it cannot fail to lead to the conclusion that the teaching of German in our public schools in a | manner as proposed never will bear any fruits at all. There never has been a doubt thatthe rules: of the German grammar are among the most dificult prin- ciples of any Janguage upon earth, German lingwets of great celebrity have openty declared that a perfect knowledge of their own language ts only obtained by a Jong éxerting study, and it also cannot be denied that a great number of the German population !n*this country | heither speak nor write their native language correctly. The writer of these few lines submits o every man of good sense the question :— ‘What beneficial result may be expected of the instractic one of the mostdifficult | languages during only a couple of hours a day f"? Let | every man who has any jdea of the difficulty ‘of teac ing children decide for himself the advantages or di advantages of dividing the attention of suc young persons betw two languages complete! bpposite in principles, and especially when the Scholar needs every momont of his time of study to | master the knowledge of all the branches of a thorough | American education. Should our Legisiatureat Albony | be ableto find the meansto open schools for the knowledge of German and French (the latter language being spoken inthe greater part of the world), sepa. | rate from the public schools, for young pergons of riper age, undoubtedly they will promote the staudard of our educational school system to a higher degree; bit | to burden our children with a task they hardiy wiil be able to endure would not only be an ipjustice to the scholars themscives, but aleo an act of imposition upon the burdens of the taxpayers in the State of New York, | and money appropriated to such a purpose gust be considered as being thrown away with the same rights as funds allowed to sectarian purposes. York, March, 1876. MORRIS COSTER. ALLEGED EMBEZZLEMENT. A fow days situco Mesara. Maclure, Nesmith, Brodie & McFarland, solicitors of Glaegow, Scotland, cabled to | their correspondents in this city, Messrs, Sallivan, Kobbe & Fowler, attorneys, to cause the arrest of one Jobn Torrents, a passenger on one of the Anchor line | steamers. From the iniormation received it is charged against Torrents that, being in the service of Anderson & Co., Warebousemen, of Glasgow, he embezzled sev- eral thousand pounds sterling O&their money. Upon the receipt of the cable message detectives were put on the watch for Torrents, but he had already arrived and made bis way ito the State of New Jersey. From there, by moans of bis ticket dnd checks, ho was traced westward by the detectives, and ipforiuation was re- ceived from them yesterday that they had bim in charge in Chicago to await extradition, DEATH FROM. CHLOROFORM. | cllarengrreenen Doctor Israel G. Atwood, proprietor of medical baths-at No,. 1,283 Broadway, died last Wednesday from the effects of an overdose of chioroform, taken under somewhat peculiar circamstances, Tho Doctor, who has been practisMg in this city for many years, and has carned a jospread reputation, has for some years past been laboring under a nervous disease pro. Gucing great mental excitement, To aflay xcite- ment he had adopted the practice of inhaling smati quantities of chloroform each day. About two weeks ago Dr. Atwood, having suffered more than usual, creased his dose to a greater amount than he tad over before taken, In a days he became prostrate and radually sunk until bis death, Dr. Fleming attend fis case With great care, but his efforts were powerless to restore the shattered constitution of the paticat The deceased was fifty-five years oid and unmarrica, RECORD OF CRIME. Sneak thieves entered ‘the apartments of Mr&. Ny4, | at No, 642 Eighth avenue, and stole wearing apparel valued at $100, A wagon, worth $100, was stolen from in front of the rosidence of the owner, Mr. P, Marks, No. 410 Eust ‘Thirteensh street, Tho residence of A. T. Rosg, at No. 4 Abingdon juare, Was entered by sneak bi who stole Jew. Doeeralnotetee of clothing, vated in all at $62, were abstracted by sneak thieves from the residence of A. ‘No, 306 West 120th of the Twenty id precinct, fore etin® cudver of Eleventh avenue and Forty-third street, ednesday a i box, containing an infant See tee ‘the Je waif was taken to the Roosevelt Hospital, and bids fair to live, The polico can find no clew to the heartless parent rupt. Rose & Sons liabilities are stated to be $14,683 99 and their assets $4,000, A meeting of the’ creditors ef Messrs. Minzesheimer, Lindbetm & Co,, importers of milliuery goods, of No. $35 Broadway, for the purpose of electing an assignee, took p erday at the office of ister J. T, Will- jams, No. 4 Warren street, Twenty-eight of the in- solvent firm’s creditors have proven their debis to bo $65,993 71, Twelve creditors were present or repre- Seuted at the meeting yesterday, but they failed to agree in the clection of an ass , 80 Register Will- jams appointed the Mr. John H. Platt, A meeting of the creditors. of Me Goodkind Brothers, liquor dealers, of No. 50 Md WAY,y Was called tor yester the A rooms of the Wine and Spirits Traders’ Society, 5 for tho purpose of heariug read’t x, March 9, 1870, to inform the ered- in order to, save the Bi property trol & saerificed of whieh fact we are vow more convinced (han before the sale), id property at t t re the sum of « taking the respSasibisity on oulders, without claiming any special benelit there- the property w ful por ittothe creditors w Jolot stock = com- each; creditors ke shares pro r: oF as many more As | desired by them. After # carefit examinazion of the pro erty and consuliation with parties weil versed in this pusi- ness, we can contidently assert that the property cannot be ndition for less 200, aud if cor. iL enable th time to make . The under- . creed to take shares pro ra ‘nil creditors to indurse this we ret tn doing so. IBERG & WORKUM, JOLNER, BRC £10. xpeet tun and juin t ©O., HMAN & CO. & CO. BRYCE & i A BLUM, Jr. PHILIY WOLF & CO. + presenting clans to the aruount of about $23,050, sfter che reading of the circular the meeting gave the commiitee power to engage an expert to exnimine into the aifuirs of the insolvent firm, and in the case of any evidence of any fraud being found another meeting of the creditors 38 to be called by the committee to con- sider whether it will be advisable to commeuce supple- meatary proceedings. Several of the creditors stated that they were of the opinion tat the Messrs. Gooa- kind had been guilty of paying the amount of their in- debtedness to a few favored creditors to the detriment of others. The assignee asserted, m reply, that he thought that the unfortunate gentlemen were entirely, honest in all their dealings. The lixbilitios of Good- Brothers are $144,000, while their assets are avout $15,700. FIRE ON LEXINGTON AVENUE A slight fire occurred at twenty minutes past eleven yesterday morning in the apartments of Misa Fanny Davenport, on the second floor of No. 152 Lexington avenue, caused by the gas coming in contact with tho window curtain, Before the fire could spread it was extinguished ata | nominal damage. FIRE ON THE CONEY ISLAND ROAD. Awel! known hotel, the Bon Bon, on the road to Coney Island, sitaated at the iutersection of Ocean parkway and Ocean avenue, was destroyed by fire on | last Wednesday might. Tho house wus kept by Mra, vy, who wus termed by roadsters the “Widow One of the domestics was ordered to make a a » house, as some visitors the girl had lighted tho issuing from the house, and arin, Was given by some neighbors. The fire apidly to an adjoiningbuilding, which was con- sider aged despite the efforts of the Park police to ext Elien M uire, the servant who made upetairs, shut herself in ber room through terror, aud was rescued with flifficalty from the building. The baild- jug Was 40545 leet, with a wing of 30x40 feet. It was erected ay! cost of $10,000. The house and grounds Were mortgyged to Charles K. Graham for $45,000, The supposition of the owner Is that the fre originated in a detective flue, The servant says, how- ever, that when she made the fire in tho grate the floor about her blazed np as though it was saturated with kerosene oil. The loss on furniture is about $0,000, uninsured. The building was Insured, FIRB IN BROOKLYN, The cooperage in the rear of Nos. 110 to 116 Joba street, Brooklyn, a frame building, was destroyed by fire at two o'clock yesterday morning, involving a loss" The origin of the fire has not been ascer- The building belonged to ibe estate of M. Mar- w, There were $508 worth of barrels aiso destroyed, Tusured in the Aitna for $700, CUSTOM HOUSE SEIZURE, Yesterday afternoon Custom House Inspectors Kane and Judd turned into the Seizure Room of the Custom House 2,000 of the finest brands of cigars, which they bad found concealed on board tNe steamship City of Havana, whieh arrived trom Havana last Weduesday, \ THE ‘GAS DIFFICULTY. To tax Eprtor ov tux HkRato;— In your article this morning, headed “The Gas Dif ficulty,”? you give a table of the capital, par valuo and prices of stock of the companies. This table showsa safMicrently enormous return of profits on investments, but it by no means exhibits the entire case, For in- stance, the New York Gas Compuny’s stock is set down ‘at $4,000,000, for which 150 ts bid. This $4,000,000 is, however, three-quarters water, About fonr years ‘ago the company’s capital stock was $1,000,000 and selling at something over 500 per cent. ‘The company gave cach stockholier a stock dividena of four shares for one, Therefore Wie 140 now bid is 600 for the real stock or capital in’ ed, and the 20 er tent per annum dividends now paid are 80 per Mae ‘on actual intestments, Andina less degree the game with the other companies, Gas should be fur- ished to consumers at $2 ag 1,000 feet, and measured by meters that do not falsely record more-than ix used, New Yorx, March 7, 1876, CONSUMER. Tne stoiy NOT MALY TOLD, New Yous, Mareb 7, 1876, To rae Eprron or THe HeRaLD:— Your article in your issue of to-day in refereace to the extortion of gas companies ts only half tod, You cannot imagine the Insolence and abuse reepoctabie citizens are obliged to put up with, If a complatut is made at the ofce the only answer fs, 1f yeu are not satisfied they will take the meter awayt If tome re liable lawyer outside of a gas company will canvass the upper wards, above Thirty-foarth street, be will fuda good fleld for business, as it hee | requires the ball to commence roiling, when he will get all the clients he Tavlevor of suing the compu for extortion, at he in favor wail com; On, as fn person can ope with the “gas ring.” In fact, tho are regulated to work against the consumers, and notwithstanding hard times and as much as one tries to burn as little = ible, the bills oe larger. Please keep the rolling ‘and thousands w ever oray. ALMEDA