The New York Herald Newspaper, March 17, 1876, Page 8

be] THE COURTS. Game of Battledoor and Shuitlecock in the Bleecker Street Railroad Litigation. Right of the Board of Health to Enact Sanitary Ordinances. ANOTHER APPEAL FOR RUBENSTEIN SSE nae Five Fears’ Examination of a Witness in Divorce Proceedings. A A motion was to have been heard in Supreme Court, Chambers, yesterday, before Judge Ponobue, on the part of the Bleecker Street Railroad Company, for leave to execute a lease of the road to the Twenty-third Street Ratiroad Company. The terms of this lease have already appeared in the Heratp. Quite an arruy of counsel were present in anticipation of the motion being made, the receiver of the road being represented by Robert Ludlow Fowler, and the Bleecker street company and Jacob Sharp by Messrs. Devin & Miller, Flanagan & Bright, John M. Seribner, Jr., and Edward Patterson, The argument did not take place, however, owing to an injunction having been obtained by Messrs, Chatfield and Ransom, !n a new suit commenced by them on tho part of some of the stockholders, whereby the Bleecker street company and others were re- strained, among other things, in respect to executing the lease to which the motion related. This injunc- co! tion was granted ex parte by Chief Justice Davis, and copics thereof were served onall the parties defendants during the day. The pregent suit, in which the injunction was ¢ brought on behal! of Jacob Coles Gnd Mary A. Li ; , in Addition to the Bleecker Street er, Tugh smi Weed, Wil dlow, John Kerr, William 6, Grif- nM, Harlowe, alleging himself to be trustec, |. Palmer, trustee, The complaint, in ad- €ition to many allegations which are merely forma, and otherg which have been already published, churges Suat piaintifts aro the owners of 183 shares of the capital stock of the company of the par value of $100 each, all of which they acquired in the regular way, and that they bring this action in good faith, being altogether uninterested in stock dealings; that in January last Conover, Weed, Sharp, Shook and Shardlow were elocted directors of the company for the year ensuing, and were go elected by means of sharos of stock held by them and their associates for which no actual vaiue was paid, and the issue of which created a fraudulent hability and was fraudulent said indivi- duals and their assoctajes at all times heretofore were confederates and pretenied to own a large portion, if nota large majority, of the capital stock acquired ‘by them as aforesaid, aud the company is completely con- trolled and subverted to the use of the individual do- tendants and s, and the company refuses to. bring t they ought to do, and for such intiffs in equity have recourse to this complaint and act that for ten years past the defendants have been nct ma: of the company and directors thereof, have controlicd it by acombination of the sharehi ers who have wequired their stock tn a manner sim to themselves, meinding also Hugh Sith, Peter i, Sweeny, Wililam Shardiow, Jotin Kerr, 'Fivira W, | Spinola or their a ast named acquiring it | with full notice of how ‘it was held by the assi that in 1869 Stephea 2. Roe, Lawrence, John Kennedy, James E Clarke, Johu Vox, William Ravensty Peck, Join C. Thom Craig were authorized to v intersection of Fourteenth various sircets, which f 5 y pho, Id a road beginning at the roet and runing through neltise they neeigned to the Bleecker Street Compu the jutter pretending to pay therofor the sum of $400,000 in the stock of the com | pany and $434,000 in bonds secured by mortgage; that such bends and stock were issued for little or no con. | sideration, and was part of a conspiracy to defraud | the public and enable Sharp and his confederates and | to profit thereby, and to traiic im corporate ad Stree! oad grants of the Legislature, and stich nets were contrary to law, equity and public policy, were invatidy imope and void; that such purchase was made to enable Sharp to profit’ there! and not the company; that euch sale co tributed to the beneft of tie com and its cash arscts only about $44,000; that the amount so paid to defendants wi éxcess of the value of the construction of the roxd and its equipments to the extent of $1,000,000, and plaintifs claim that, tothe | extent ofsuch excess, the saine wa? a fraud’ on tho part of the lidividual defendants as against subsequent bona de creditors of such compan: fendant? still bold such stock and ¢ valid indebtedness against the company ender ing to shit out such stockholders who have acquired their stock for value, and to ox clude the creditors and others from participating in the distribution of the assets of the company by means of a forectosure of a mortgage in the interests of the bonds ofthe defendants, The injunction is in terms as follows -— “On the annexed complaint, verified as an aMdav’ are and npon motion of Chatfield and Ransom, plaintit’s | attorneys, it 1s ordered tbat the said defendant coim- pany, its officers and agents, be restraived trom dung any of the acts or things complained of int plaint, and particniarly from issuing or creating any debtor indebtedness, or from doing any act of manayement or control thereof or Lending tothe control or management thereof, and from interfering with, molesting or diz. posing of or alienating suy property of said defendant company, or froin iss: sccond mortgage bonds; and also that the defen Sharp, aud other im- dividual defendants t n, be especially enjoined and rostrained {rom t: hypothecating or alienat- ing eithor bonds or aid defendant comp whieb they may now hoid, and that the eaid comp: 1 its individua olflcers oF servants a the other indi defendants be — enjoined from taking any step or doing any or thing to lense any portion of the pre of the said gofendan the said foreclosure action may bi y plant or recetver may be al make answer rotting up such facts as they may de d, tending to show that the said sult {8 brought upon any frandu- lent or fictitious bonds or other facts which may be necessary to the protection of the said plaintiff.” compapy, und that the ayed until the Fimbraced in the injunction ts an order to show cause lotendants why it should not be t op the part of the made absolute until the termination of the a that the receiver be continucd in office duri time and his functions extended to this action, order to show cause 18 returnable on the 24th inst, POWERS OF THE BOARD HEALTH. An important logai question as to whether the Zoard of Health has a constitutional right to enact sanitary ordinances, as involved in the Case of Patric Cox vs. The People, was yesterday argued in the Genera! Term of the Supreme Court. On the 16th of jast month Pat. Tiek Cox was convicted in the Court of Special Sessions ot keeping and offering for sale watered and adulterated milx, fn violation of certain sanitary ordinances of the Board of Health, and was sentenced to one month in the Penitentiar; Mr. W. 8. Wolf, counsel for the prisoner, contended that the Act of 1873, conferring power upon the Board of Health to enact such ordinances, was wnconstitu- tional He insisted that the Legislature had no power to confer legislative functions upon this Board, it being abureau of the Police Department and trresponsibie; that the power to make penal statutes to punish crimes and misdemeanors was vesied in the Legislature and could only be conferred upon the Coramon Council, a legislative body, and directly respousible to the people, | and that the Common Counci] had no more power to execute ordinances than the Execative Depariment has toenact them. He contended turther that there is not sufficient cvidence to warrant a conviction, because it ‘was not established on the trial that Cox ever owned the grocery store where the milk is alleged to have been sold, or ever soll or offered for sale any milk at said store or at any other piace, and he quoted Chief Justice Selden in Muilins vs. People, 24.N. Y., 404, in which it is etated that “the power of review is not confined to questions affecting either tho jurisdiction Of the magistrates or the regularity of the proces but extends to all the legal questions, and that unless it appears upon the face of the record that there way evidence saificient to warrant the courietion it will be quashed.” He aid, in conclusion, that he was uvabie from the record to see any legal grouhds for convicting the prisoner. wrong was done in the public reform, then these over-; without blame, for no judg Jaw and punishing ate an indignant ublic. Justice always demande that the scales should balanced in favor of the prisoner, and that decisions ould Le rendered without parsion ant th conformity to established precedents. If these just in tho interest of public clamor convicted this innocent man us mingistrates are not im violating the vecause he did not own this business, then history has | vilifed she aonster Jeffries, who, in yielding to the ublic clamor of bis day, spread terror throughout land. If they convicted the pened because the; knew no better then they shouid be instantly remove and honest =) Jearned in the |; Ould be appointe in their stead. Ii dono to gratify malice, or in the inter- @st of personal or political fricuda, they should be FORTUNATE RECEIVER. | h, Sheridan Shook, Thurlow | | Street Jail for non-payment of judgments, found Ol j If this | interest by a desire for | NEW YORK HERALD. FRIDAY, MARCH 17, 1876.—WITH SUPPLEMENT. pitied, but snould not escape just condemnation. He was satistied that impartial justice will be done by this Court, No outside pressure can bo telt within these walls, Justice is biind here as regards the parties, but Ks ree are always open to see the Dag ey of the law and eviaence from the recor ‘ake this case jp all tts bearings, it was, he urged, an outrage upon | society, common decency, law, order and liberty, aud should be summarily rebuked by this Court, by quash- ing the conviction and liberating an innocent man, and the authors of this wrong, he contended, should be held up to public execration and indignation. Mr. W. P. Prentice, counsel for the Board of Health, contended that the act was constitutional because this act has been acquiesced in and never questioned and that public pohey demands that this Board should have the sole power in these cases. He also contended that the court below, with the witnesses and evidence beiore them and the defendant, and his conduct, had undoubtedly its infla~ ence with their judgment upon the weight of evidence, and that this Court bad no power to suteriore. At the close of the argument tho Court took the pa- Pers, reserving its decision. ‘There was also yesterday an argument inthe General Term of the Court of Common Pivas, brought as a test case, aa to the powors of the Board of Health, This War the suit brought by the Health Department against Adam Knoll, being si appeal from a judgment of the Third District Court, holding the defendant liable to pay a penalty of $50 ‘and costs Jor not complying with an crder of the Hoard or Health to construct a venti- lating shaft. The appeal is brought under the at of the Taxpayers’ Assoctation of the Tenth, Ele and Seventeenth wards, Mr, George F, Langbe:n, their counsel, d that the powers of the Board of Health must be exercised with sound, reasonable discretion, | and that they were bound to make out a proper case or | one of necessity before they had u case for the exercise | of their great powers and authority; that they had not uncontrollable diseretion ; that except in a case of oxi- gency or emorgency they’ could not iterfere with a cit ‘s rights or property or compel him to pay @ pen and that in this case no such exigeucy or emergency was shown, The counsel for the Board of Health claimed that their powers bad been adjudi- cated upon many times by various courts, and had never been questioned until by this association of tux- payera; that Judgo Pratt had rendered a decision de- | claring’they had the powers they now exercised, | Court, as in the previous case, took the papers, reserv- | ing its decision, EFFORTS TO SAVE RUBENSTEIN. | Itis evident that no stone will be left unturned to | save from the gallows Pesach N, Rubenstein, convicted | of the murder of Sara Alexander. Having failed upon | the exceptions made in the case at the trial to procure | swrit of error and stay of proceedings from Judge | Pratt, of Brooklyn, an application to the samo effect | was made before Judge Brady, The argument on the Jaller application was made yesterday, and occupied several hours, A large and evidently deeply | interested crowd thronged the court room, inelud- | ing various representatives of the fuuiy and | friends of tho prisoner, | zing, Ins counsel | Britton, of Brooklyn. 4 | A rather curions episode, if go it neyy be catied, intro- duced in the course of the argu was elicited by the remarks of Mr. Mott regard Wg the prisoner had on the bight of the mui dream which he said b shly sensitive nature that revelations were vouch- to him by dreams, T had rather a singular dream lust night,’ {nter- rupted Judge Brady. ‘I dreamed that 1 was conversing with aman who told me that he was in State Prison and that {sent him there. 1 then remembered his face und recalled his name, Singularly evough the son of ’ this man called on mo this morning and asked me if I could not use sgme influence to get bis father out of State Prison.” “Your Honor will doubtless recollect reading,” eaid Mr. Boach, “in the papers an account of how a'son of one of the victims of the late burning of the Home for the Aged, in Brooklym, dreamed that night that the in- stitution was burned and that his father w: of the conflagration, On the next morning the son visited the place, and, sure enough, his dreain proved true.”? ‘ “Cll tell another dream of mine,” continued Judge “When | was a boy I dreamed that I found ences on the stoop of my father’s house. The y aclient of my father’s met tne on the stoop and gave me two sixpences.”” Judge Brady touk the papers in the case, reserving its decision, THE RAILROAD BOND FORGERIES. Valentine Gleason and Andrew L, Roberts, who for Sevoral months past havo been confined m Ludiow against them in connection with alleged sates of forged rallroad bonds, are seeking their restoration to | pearance upon the stand of the | The | The prisoner was represented | by Mr. William A. Beach and Messrs, Mott ¢ d Kint- | and the people by Mist} Autorney | der, Mr, Mott insisting that tho prisoner was of such a | h victin | aMdavit, I think the defendant is entitled to the reilet | asked. Pim va, Gearu.—Order granted, Walker vs Saunders; Salisbury va Trabaut; Coope va. Pomares; Saliske McCahill,—Motions denied. Thompson vs. The Mayor, &c.—Memorandum, ! Macy vs. Ranney.—Motion granted, eal Matter of Davis.—Petition not signed and affidavit not sworn to, — , ‘ is Lowery vs. Justices of the Marine Covrt.—Wri granted, i} By Judge Barrett. | Stager vs. Kemp.—I have no recollection ofthis case, | and an explanatory affidavit should be submitted, with | proof of service, By Judge Lawrence, { Davis vs. The Erie Railway Company.—There must | | be areference to take proof of the facts and circum- | stances in the petition. | | Hynes 8. Culver.—The Secretary of State has not | certitiod, required by ened net of 1850, as to the signa- ture and seal of the Commissioners before whom the power of uerper was acknowledged, This may be supplied, Counsel will oblige me by handing in writ- ten memoranda of the grounds upon Which this motion is made and resisted within ope week from date, | Ahrens vs. Dohrman.—The allegations in the plain- | tif?s complaint and allidayits, on which the motion ‘or | an injunction is founded, are denied by the affidavits — and anewers of the defendants. I am, therefore, con- | strained to deny the motion for an injunction, with | costs, H Burrell va, Perry; Biddleman va. Kittredge; Frobisher | vs. Fitzpatrick. —Orders granted, Hl SUPREME CoURT—crncurt—-PaRT 1, By Judge Lawrence, | “Ranker vs, Guardian Mutual Life Insurance Gom- | pany.—Case and amendments settled, | TOMBS POLICE COURT, Betore Judge Bixby, MR. TYLER'S VAGARIES, Some time since the jewelry store of Marsters & Claw- | son, No. 132 Chatham street, was entered by burglars, | who carried off $20,000 worth of goods, Mr. Tyler, | who keeps mattress store next doér, and through whose premises the burglars effected their entrance, | conceived an insane idea that Moss Harris, an indigent | pedier, was the guilty party. Harris was arrested | and brought before Justice Bixby, when Tyler acted in | such a wild and strange manner as to excite suspicions as to his sanity, Tyler, whev asked what evidence be had as to the prisoner's guilt, commenced to tell a | rambling and incoherent story about his conviction of | | Harris’ guilt, but failed to in any way substantiate bis | assertion. Judge Bixby discharged the prisoner and zgested that it would be proper to inquire into ‘Tyler’s mental condition. | ——— | WASHINGTON PLACE POLICE COURT. | Before Judge Kilbreth, } THE BROADWAY GAMBLERS. | On Wednesday ofting Serzcant Allen and Officer | De Gau, of the Fifteenth precinct, made a descent on the gambling house No, 818 Broadway and arrested Hugh Howard,“of the St. Clair House, dealer, Lucien | | Appelby, of No. 818 Broadway, and John Martia, of | | East Forty-fifth street, lookouts, The prisoners were | arraigned yesterday end bLeld in $1,000 each to answer, | ASSAULT AND BATTERY, John Moore, of Morrisania, was held in $1,000 to | answer tor slightly stabbing Susan Knox, of Varick | streot, with a penkmife. The prisoner claimed that he | | didnot stab the complainaut, but she stole $2 from | | him, , ; | | EMBEZZLEMENT. Mr, Nathan Metzger, a butcher, of No, 193 West Fourth street, appeared as complainant against Louis | Strauss, who gave the same address. The affidavit | stated that on the Sth of March Strauss collected $40 | from Birs. McCormick, of No. 32 West Fifteenth street, | for his employer, and that on Wednesday last Mrs. | McCormick entered the etore to order more goods, when Strauss said, “Ob, ! I collected $40 from that lady Jast- week and lost the money.” Mr. Metzger, therefore, caused his arrest for embezzlement. The prigoner said that he had lot the money, but was will- ing to make it good, He was heli in $1,000 to answer. | | COLLECTING DEBTS, ‘| | Albert Moore, of No. 263 Wost Twentieth street, was _ | arrested by Officer Flemming, of the Court squad, on complaint of Edward P. Field, of No. 14 West Thirty- sixth street, on a eharge of disorderly conduct. The | facts clicited were that Mr. Fields’ father was indebted | toa Dr, Bradley for services rendered, and the claim | was put in the hands of Brady*& Co. for collection, | who engaged Moore to collect the money. As alleged, { i | | Moore's wagon, on which was painted a notice for tho . collection of debts, remained in front of Fields’ house | for some time, but as Mr. Fields had gone into bank- | liberty upon petitions setting forth their iuability to { Tuptey the bill contd ndtbe paid. Mr. Ficlds applied | pay thoir debts. terday to Judg Theso petitions were presented yos- Curtis, holding Supcrior Court, Special Term, Judge Curtis will examine into the caso this | decided to fine Moore $10. morning, VALUABLE RECEIVERSHIP, A decvledly novel case came up yesterday for ad- Judication before Judge Curtis, holding Superior Court, Special Term, Edward J. Milier, a colored gentleman, is charged with a weakness of purchasing goods with great fecitity, but as being remarkably lax in his pay- ments. Ht was stated that during the last eight months | he lias been confined in Ludlow Strect Jail no less tnan | five times. This thing got to be rather monotonous with Miller, and wearying of his imprisonment he souzht release, claiming to be an insolvent debtor. “Kiss the ible,”’ said Judge Curtis to Miller, and the Jatter promptly applied his labials to the sacred volume, “T want you should trae answers make to any ques: tions put to you as to your property.” “Yes, sah, that I will,” replied Miller, with a grin, but which was rather ghastly than otherwise, “How much money have you?” was the first judicial interrogatory. “1 will tell you,” answered Miller, and he proceeded to look through bis pockets, extracting tn the course o' time a greasy ten cent stamp, two five cent nickel eces and four pennies, and with the money in it toward the Judge. “Tlow much is there??? Weil, 1 make it twenty-four cents, would like to count it yourself,” “Oh, no; is that all tke money you've got?” Perhaps yor None anywhere else? ot another cent in the world.’? Have you any property # “Well, jet me ‘see,”” answered Miller, scratching his head. “Oh, yes; I’ve gota dog.” The answer averring the ownershit, of the dog evoked a general smile and put @ stop 40 further ques. tie Vat did not quite end the casy, This was cgn. uded by appointing one of the ‘awyers receiver of the money and the dog, with instyactions to dyaposo of the dog and to use the procewls, togethee with the money on hand, for tho benel¢ of the creditors, THE TWEED $6,000,000 SUIT. Tt will be remembere.t that op the ter miuation of the trial of the Tweed $6 990,000 sixit two motions were made dofore Judge Wes',orook—ene to have the exceptions heard In the first instaneo at General Term, and the other on beb atf of the prosecuting counsel forone per cont allowWF Ace on the judgment. In both cases Judge Westbroc’g reserved his decision, announcing that he woutd Fender an opinion as early as practicable. It is under atood that the Judge has concluded to allow the one por cent asked for, but he announced yesterday | that he had pot positively determined as to what dis- | position to make of the other motion, He stated, how- + ever, that he would probably give his devision in the matter ina few days, | LONG DIVORCE REFERENCE, | The law's delay bas rarely been more strikingly sins. | trated than In the suit for divorce brought by Catharine | | E. Collins against her husband, Charles FE. Colhns. The |} | parties were married in 185% in California, a former | | husband of Mrs, Collins having died in China while in the United States naval service. In 1867 the parties “Here ‘it is,” extending his | for a warrant, which was executed by Officer Flem- | ming. After a long hearing of the case Judge Kilbreth FIFTY-SEVENtH STREET Before Judge Murray. AN ARREST THAT 18 CLAIMED TO BE ILLEGAL, On the complaint of Margaret Haubor, of No. 414 | East Seventeenth street, a warrant was issued at this | court some time ago for the arrest on a charge of bas- | | tardy of Andreas Johle, of No. 833 Maujer street, Will. famsburg, in whose service she had been as a domes. | tic, She being a recently arrived immigrant, the Com- j | missioners of Emigration took cognizance of her ease, and the warrant was accordingly placed for execution ) in the bands of Police Officer Kenneally, who is as- | sicned to duty at Castle Garden. Acting under autbor- COURT. ity of the act of 1870, giving constables | the power to make arrest in every county | in the State, Kenneally proceeded to’ Williams- | burg, and Without further authority than | that given him by Judge Murray’s warrant arrested | Johie and brought him to New York. He was com. mitted to prison, being unable to give bail, bu’, subse. quentiy the necessary bonds being fled hr, wag dis. | charged pending an examination, His Counsel, Mr. | Lombard, yesterday, on an examination, of tne'case, | moved for his discharge on the grov.ads that Judge i Murray failed to indorse on the back | tae law directs, the amouni of bail which would be re- | quired; that the warvant wag, served without being | countersigned by a justice of Kings county, and that | even if the foregoing obicetions had not existed the Court had erred in commtting the accused to prison. | for two day#, pending un examination, when unable to | give the amount of pail required. ‘The motion was | overruied, and an appeal Fre taken to the General ; Sessions. The po’nts raised by counscl caused some | comment, and Wore evidently new to the oficials of the court. | BOY BURGLARS. | | Richard Fallon, Charles Quinlan, Luke Cryan and | | Thomas Langan, all boy ere arrested for breaking | rth of jewelry from the rooms | | intaand stealing & | of John Chautems, No. 222 East Thirty-fourth street. | | They admitted the charge and said that Ferdinand | Lamb had purchased some ef the jewelry. The prison- ers were held for trinl in default of $1,000 bail, and | Lamb, who lives at No. 648 Third avenue, was’ dis- | charged, no guilty intention in the purchase of the | jewelry being proved against him, { i i POLICE COURT NOTES. } Joln Blow was held for trial for stealing a $30 over. | coat from William Hirsch, of No, 1 Extra place. Blew, ! who was In indigent circumstances, was cared for by | Hirsch, and he repaid the latter's kindness by stealing his coat, | _ At the Washington Place Police Court yesterday | James R. Kinning, of No. 194Greene street, was held | in $300 to answer for assaulting Eugene Samies, of the | St. James Hotel. COURT CALENDARS—THIS DAY, SUPREME ae ie tees by Judge Dono. fe. Nos. 89, 11 118, 120, 120,” 154, 184, 0, 268, 275, '362, B63 , 872, 873, 374, 346, ere ScrreMk Court—Gexerat, Tera—tela by Judges | Davis, Brady @md Daniels—Nos. 3, 7, 9, 10, ! 16, 18, 21, 25, 34, 38, 89, 61, 62, Hd 98, 100, ry 69, 75, 80, $1, Ms 0 separated and the suit for divorce soon followed. It | “crane Covet—Stuctan Trnw—iteld by Judge Lar. | was referred to D, P. Ingraham, Jr., wyo had one wit- | remoro,—Demurrers—Nos. 5, 6. Law and fuct—Nos. | | ness under examtoation for five years, and finally, after | 106, 214, 107, 39, 190, 139, 47, 250, 71, 95, 24a, 68, | | naving all the testimony, reported adversely 251, 200, 6, 183 to 196 Inclusive, j | to granting any alimony. ' The case came up | Covnt—Cincvit—Part 1.—Adjourned to | | yesterday before Judge Donohue, in Supreme | Monday, March 20. Part 2—Held by Judge Law. Court, Chambers, on a motion to set aside the referees’ | Tene’. —Short causes—Nos, 2082, 2472, 2542, 2540, 2319, roport, on the ground that ft was contrary to the evi- | a 1200, 2000, re 2536, 25 pe a0, Fea, 1751, } age Donohue took }, 2468, 2036 5 A . 1756, 708, } — Juags the papers for examina. 350435, 1772);, 1404, 2496, 2514, 2084, Bess, 2674, ies | ° 2460, Part 3—Held by Judge Van Vorst.—short | SUMMARY OF LAW CASES. | An order has been granted by Judge Lawrence dl- recting the recetver of the Guardian Savings Bank to | pay $1,175 to Robert U. Inness for services rendered. Tho Supreme Court has authorized Mr. William Allen Butler, receiver of the Manufacturers and Builders’ Bank, to pay a dividend of thirty per cent to all the creditors of that institution, Albert Jeuther, late carrer of letters at station E, im this city, recently convicted of robbing a registered letter, wag before Judge Benedict, in the United States Ctreuit Court yesterday, and by counsel! moved for an arrest of judgment and a new trial. Decision was re. served. Allen L Merdecai yesterday obtained a verdict in the Court of Common Pleas, before Judge Robinson, for i4 ogainst Wiliam Wetmore and othe The sult was brought to recover commis: ge of property, to motion for the confirmation of the report of the Rapid Transit Commissioners was to have been argued yesterday before the Supreme Court, General Term, The hearing in the case, however, after a brief discus. Son, was adjourned till next Wednesday, Jolin Garvey, the brother of Anay J. Garvey, is hav- ing trouble as to the collection of his rente'in this 'y, he being a non-resident. Under an attachment | recently granted by the Marine Court his ronts are being collected and ho does not consider this a square thing. Judge Donohue bas come to his rescue and yesterday granted an order to show cause against the Judges of the Marine Court why a wntof certiorari should not issue against epabling a review of the proceedings in j that Court DECISIONS. SUPREME COURT-- CHAMDERS, By Judge Donohue. j Bradiey vs, Sheeley.—On ‘urther examination of the nm for ex. | 2481, 2484, . ), 2671, 2273, 26: if cri Scrextor Cocrt—Genrray ‘eM. — As | Monday, March 20, 1 ' djocened wats 1 | _Surxnion Covrer—Sracran Taru—Held | Curtis. Nos. 29, 10, 36. by Judge Surerox Cocnr—Terat Term—Part 1—Held by Judge Sanford. —Case on—No. 1217, day calondar. Part 2—Held by Judge Spetr. 0 td Nos. 2047, 436, 1011, sev, 990, 882, 716, 48, | 718, 902, 1021, 1022. H Common Pura i— GENERAL TRRM—Hold by Judges C. P, | i | Daly, James F. Daly and Van Hoesen, —Nos, 04, 56, 49, 20, 07, 10. 88, 185, 70, 19, 46, 123. Equity 'Term— by Judge Van Brunt.—Nos. 31, 38, 95 Trial Term—Part 1—Held by Judge Robinson. —Inquesie— | Nos 1111}, 1686, 1687, 1550. Nos. 000, 177,154, 986 } 1038, 1098, 16301, 1007, 1779, 1702, 1439, ‘1281, | array, 254, o8eic, 956, 1618, ‘1o92, ' 9975,’ 1534 100444, 889, 1639, 1907, 2114, ‘1607," 1540, 2071, | 9527, $140. ‘Ports 2 and 8.—Adjourned ‘until the first | | Montlay of April. | Manixg Coort—Tatat, Tera—Part 1—Held by Judge | Aiker.—Nos 1551, 1368, 1433, 8863, 3866, 3702, S140, 8968, 8960, 3070, 2975, 8976, B77, 3075, A988. Part 2 | Held by ‘Julgo Shea —Nos. 4546, 6073, 3902, 6995, | 6901, 7086, 7079, TO47, C989, 6084, 3914, 3833, 1w0F, 1410) | 1358) Part_ 8—Hold by | Judge Goepp.—-Nos.’ 3i: 6801, 6589, 6743, = fem 6657, 5 6672, 6070, 4600. 6010, 3695, 6712) 6518, 6573, 6806, 6602, 6677, 7031, T1O4 : . nai | Useren Starks District Court, ww Apwimantr— | | Held by Jadge Blatchford.—Nos. 28, 63, 69, 74, 1, 35, | 68, 24a, 40, 33, 54, 60, 6, 5, 47. CouRT oF GENERAL Sussioxs.—Adjourned unti] Mon- day, Mareh 20, 1370, {HE NEW JERSEY COURT OF PAR- | DONS. TaESTON, March 16, 1876, A vetition praying for the commutation of the death | | Monmouth County Jail. He | Into possession as | turbed possession by himscif and heirs for twenty-nine | | on acomplaint preferred by Alexander MoGrew, | insults inflicted upon MeGrew during the last two | McGrew retorted, calling bim an “insolent puppy,” | shooting himself trough the body with a Smith & | | tae Order of Elks. | was appointed patroiman and finally dopaty clerk | | the chair and Mr. | used for several days pi v20, 5896, 3010, |* sentence of Patrick Ward, of Philpsbarg, Warrea ; county, who is to be hanged on Friday, the 24th inst., has been presented to tho Court of Pardons of this State, Another petition has been presented, forty-five feet in leng’h and signed by over 2,000 citizens of Mon- mouth county, praying for the remittance of the fine and term of imprisonment of George W. Patterson, who wos convicted for loaniug public money while act- ing as Collector of the township of Freehold. The pe- tition says the interests of justice and bumanity will Le served by granting the prayer, Mr. Patterson is serving aterm of five :nontbs’ imprisonment in the a member of the Legislature for three suecestive terms, and also held ocher offic § of trust and honor. * UNITED STATES SUPREME COURT. Wasmixcrox, March 15, 1876. In the United States Supreme Court to-day the fol- lowing casos were heard +. No, 168 Spencer vs. United States—Appeal from tho Court of Claims,—This was a claim for the proceeds of cotton raised in Lonisiana and intrusted to one Mrs, Biackburn for safe keeping, Instead of taking charge of itfor that purpose as ngreed with the claimant's agent, she sent it to Memphis to be sold on her own ac- count, she receiving the proportion of the purchase ; moncy agreed upon. The sales haying been made by the supervising agent of the Treasury, to whom it had Veen shipped by s{rs, Blackburn, the Court of Claims found that the Treasury agent had made the transac- tion on big Own account, and that the proceeds were, never paid into the Treasury; and upon these facts found that there could be no recovery, us the govern- ment was not liable for a tort committed by its agents, Itie here claimed that the proceedings by the agent wero under color and ip pursuance of the provisions of the Captured and Abandoned Property act, and that his | payment ot the proceeds of the claimant’s cotton to ie Blackburn {nstead of into the Treasury was a mis- take for which he became hable, and the government having assumed the liability of these agents ol the ‘Treasury it is responsible to the claimant. ! Taylor & Casey for claimants, Assisiant Attorney | General £m'th for government. No, 169° Doe ex dom, Oaksmith ys, Johnston—Error to the Supreme Court of the District of Columbia.— This is a contest concern:ng certain real estate in Washington, the question being which of the parties 18 | entitled, under conveyance from the government. The | plaintiffs in error claim under one Hughes, who came | tenant, and having accual undis- Years, title by prescription was set up. The proper paper litle appearinigein favor of defendant he was adjudged | to be the lawful owner, It is here insisted that this decision was error, and that the possession without question tor §0 many years should have been taken to | Lave pertected tithe in the party holding. W. A. Meloy | for plalutfin error, wis Sa WILLIAMS AGAIN IN TROUBLE. THE INSOLENT YRENARCH OF THE FOURTH PRE- CINCT FORGETS HIS DUTY AND CAUSES A ROW IN A SALOON, Captain A. 8. Williams, of the #ourth precinct, was Piast arruigited befors tic Police Commissioners yesterday | | | | | i Fe. porter for the Daily News. The specifications set forth that Captain Willams publicly insulted Mr. MeGrew in a restaurant before a number of people, without cause or provocation, in a gross and violent manner; and i that the said insult was the culmination of a series of years by the de‘endant, ¥ Counsellor John D, Townsend appeared for Mr, McGrew, The Captain conducted his own defence, The first witness called was the complainant, who | swore that on the atternoon of the Sth inst. he was ina | dining saloonin Chatham street talking with Captain | Petty, of the First precinet; Captain Williams entered | and, approaching them, pomted his finger at McGrew | and'sa-d to Captain Petty, in a loud and violent mai Captain, Iwarn you not to talk to that mai He'll print what you say and will lie about you;” | and saying that he would have bim up before the Police Comiissioners, Captain Petty took the stand and corroborated the | previous witness, The demeanor of Captain Williams at the time, he said, was that of a man im anger, In reply to a question by the defendant the witness | said that McGrew had on one or two previous occasions | expressed to him (Petty) leclings of hostility toward | Wiliam / Tho defendant admitted having used the !anguage, | but justified the same on the gvennd that McGrew had | spoken ill cf him to various pergons at different times, | ite also labored hard to get in evidence that McGrew | had been seon under the influence of liquor, but the Board would not permit the testimony to be received, it having no bearing on the complaint. The case was then closed, decision being reserved. MRS. SENATOR SCHURZ’S FUNERAL. The fune f Mrs, Carl Schurz, whose death was | reported yesterday, will take place from the family residence, No, 40 West Thirty-second street, on Satur- day afternoon, at two o'clock, Mrs. Schurz had been {| dangerousty {ll since giving birth to her Oith child, a boy, onthe Sth inst, She came from rich fataily of | Hamburg, and was married ts the Senator before ho had attained any political prominence and when he Was quite poor. ‘he Senator's father died only a) short time ago in Mitinols, and Mrs. Schurz’s grave ill- ness prevented ler husband from attending hisfather’s funeral. Sinee Mrs. Scburz’s death a number ‘of prominent gentlemen have called upoh the Senator to | tender Uacir sympathy in his great loss, SUICIDES. Lou's Fromme, aged fifty-four, of'No. 307 East Tenth street, committed suiGide about noon yesterday by Wesson revolyet while taking a bath at his residence. He was mar:ed and leaves five children. He was for- merly in “he World Matual Life Insurance Company | of the warrant, as | and alsqim a New Jersey insurance company. Since | © leaving he latter his wife said that he had not been in nig right mind. He was a Freemason and a member of | Financial troubles are supposed to have been the cause of his rash act. | Joseph Strauss, aged thirty-four, of No. 24 West | Eleventh strect, committed suicide at his residence | yesterday noon by shooting himself twice through the mouth with a revolver. He was born in Woerth, Al- sace, and thence went to Algiers, From there he emi- grated to Louisiana. During the war he served in the Southern army. He came to New York in 1864, and at the Central Oltice of Police, in Mulberry reet. Here he acted = = ans interpre- | ter, a position which he filled with credit, as’ he knew seven Jangunges, He | remain there nine years, after which time he cttempted to | start in business for himeeit, establishing a hat store | in West Fourteenth street. He was unable to keep — this up, and failed. creditors kept harassing him. Two days ago he be- came despondent and sick. His brother, “Dan” Strauss, who keepe the billiard saloon corner of Uni- versity place and Fourteenth street, had promised to | help him pay his debts. This, however, had no effect | on Bis, and he gradually grew worse, The doctor ad- | vised his brother to watch him closely, as he was | x, slightly insane and might attempt his lite. This ad- vice was followed, but in spite of a'l the precautions | | of huis friends he yesterday managed to get a revolver, | peunls to and, while his brother was temporarily absent from the room, shot himself twice through the mouth, He | ‘Was a single man, and leaves no relatives in this city | but his brother, JERSEY'S MUNICIPAL TROUBLES, J.) Board of Freeholders | The Hudson County afiernoop, the Irector-at-Large, Mr, Halstead, pre- | siding. The proceedings were very barmonious till a m the Board, and threatening legal proceedings if the bills Incurred on behalf of the courts were not paid. | Belore the reading of the communication was con- | cloded the Director raled the further reading out of order. Mr. Cumming epee from the decision of O'Retily seconded the appeal, but | the Director refused to put the motion, A scene of | | wild confusion followed. Threats wore huried at the | Director from members of the Board, as well as from thetobby, which was crowded, and more than twenty minutes elapsed be‘ore order was restored. Tho | Director defended his course by claiming that his ywer is absoluye and greater than that of the presi ing officer of any deliberative body in the country, Aj appeal against his extraordinary and arbitrary rulings is to be made to the Supreme Court. “CROOKED WHISKEY” SEIZURE. Yedterday forenoon United States revenue officers and policemen made a raid on Nos, 210 and 212 Piym- outh street, Brooklyn, an alleged illicit whiskey datiliery. They found that the premises had not been ‘They serzed a still, mash tubs and several hogsheads of molasses and low wines. A crowd of people gathered about the officers, whom they hooted at but did not mo'est in any way, A CORRECTION. To Tue Evitom ov tit Herato:— Anarticle inthe Heraxp of this morning to the ef, foct thata fire caused by the exploding of a kerosene | Jamp in a postal car on the New Haven road had con, sumed mail bags containing mail matter, 1s incorrect. ‘The facts areas follows:—The car belonged to the Bos- ton and New York through day line, and at the time ef @ occurrence was in the yard of the New York Cen- tral and Hadson River Railroad Company at Forty-ftth street, above the Grund Central depot, Thero was no | mail matter in the car, further than a few empty can- vas bags. Two of these were consumed, and the car was itself so charred that it will have to be withdrawn for repairs. The fire caught from the stove, into which | an unusual quantity of coal had been placed early in the evewing by the porter in Head Clerk. SMITH, BROWN, Fit A. B. Clerk. W. 8 HINE, Clerk. B, LANE’ Third Clerk, F. Bosom, Mass., March 16, 1874, | throw the firm into bankruptey, } ander Me wes $1,500 im debt, and his | | day ES THE BROKEN NATIONAL BANK. BOARD OF ALDERMEN. Very little additional light was shed on the affairs @f | EXPLODING FIREARMS IN THE CITY—INQUIRIES the lately suspended National Bank of the State of New York yesterday. The new Board of Directors is busily engaged Investigating the accounts, but the re- sults of its examinations and deliberations are kept strictly secret. In the morning a meeting was hold, ab which Mr, Lawrence Turnure was elected Vice Presi- dent, and a committee was appointed to examine the books and ascertain the value of the securitics on which ex-Vice President Patrick made Patrick did not put im an appearance at all during the day. At present no one can surmise how he will come out of the mire into which his management of the bank bas drawn him. The situation, however, though unpleasant, is not a novel one to him. It appears he failed at one time Defore for the sum of $2,000,000, Satirical people suggest that this was the circutstance which commended hit to the friendly attention of the bank and ultimately procured his elevation to the mauagement ol the institution, In aadition to the report of his own failure for the iarge sum mentioned, a business concern in which he ig said to have been 1n- terested also fulled for a large amount. To the casual visitor the bank yesterday presented a rather dull appearance. The clerks and ezmployés stood around in groups, waiting, Micawber-like, “for something to turn up,? except when called upon by the directors io explain certain accounts under exam- ination, The morning meeting of the directors par} adjourned at noon, An afternoon meeting was held also, It commenced at two o’clock and was to con- tinue until ten P, M.—at least 80 a director stated to the | writer at four o'clock, graphic communication was kept up by the bank during the day with Comptroller Knox but no definite results were arrived at. He has not yet given formal permission to the bank to go into a voluntary liquida- tion, although to do so, appointed a receiver, according to the latest accounts yesterday alternoon, Jossibly he is awaiting the re- sult of the new directory’s examination of the ac- counts, Before they can determine upon their course the new directurs are patarally desirous of finding to what extent they are inyolved by Mr, Patrick's man- agement. His dummies, Smith & Girvan, were as in- accessible as ever yesterday, 80 their large loans con- Upue unexplained, and it is getting to be y ally believed that’ explanation would not help them much, A number of bank presidents and cashiers called at the bank in the morning and held consulta- tions with the directors, possibly witha view to aid them in thorr intended resumption. It is announced that drafts crawn by the San Joaquin Valley Bank, of Stockton, Cal, on the Bank of the State of New York are ordered to be presented to Drexel, Morgan & Co. Drufts on the bank drawn by ordered to be presented to J, & W. Seligman. The sexpons Of the town of Puris, Uneida county, due on the 1st of April, will be paid ai the Oneida Bank, of Utica, and not at the Bank of the State of New York. BUSINESS TROUBLES. Samucl Schuster has filed a petition in voluntary bankruptey, and the matter hag been referred to Register Dayton, of No. 822 Broadway. of Mr. Schuster’s creditors to appoint an assignee will be held in about two weeks, Adolph Tode has made an assignmont to Julius Wolff, | and Jobn E, Hubbell and Joseph F, Ward have assigned to Charles Crary. The meeting of the creditors of Messrs. Fairfield & Trask, butter dealers of No. 150 Chambers street, for the purpose of alec ng teaelas. which was to have been held yesterday at U 845 Broadway, was adjourned until next Thursday, on account of the papers of the bankrupts not being im readiness, E. H, Van Ingen & Co., Geddard Brothers, Banks Co, & Carhart, No. 104 West Forty-second street, have petitioned to Their claims amount to $4,500, The liabilines of the firm amount to $38,617 06, and they recently offered to compromise at twenty cents on the dollar. According to the report of the assignee, Mr. Jobn W. Ritch, the iosses for 1875 were $22,718 15, 3 Jobn S. Mathews, broker, of No. 240 Broadway, has been adjudged bankrupt by Register Henry W. Allon, on the petition of the Kuickerbocker Ice Company, Ambler Brothers, Jacob Koch, Frederica C, Mathews ae Qther Creditors, whose claims aygregato te C. & P..F. Dusenbury, of the Wendle Park | House, Tarrytown, have filed a petition in bankruptcy in this city, The habilities of the firm amount to $12,846 75 and the assets are nominally $4,763 34, Mr. Caleb C. Dasenbury, individually, has thirty-nine creditors, to whom he owes $33,244 89, with nominal assets, $4,352 04 P, F. Duseubury holds real estate “in Greenburg estimated at $525 70, on which there 4g pitted of $127. The principal cree\ors are Alex- . Mildnam, $195; 8 Beckhalter, $70; J. F Harmar, $6,691 31.’ : pre THE PRODUCE EXCHANGE. ° Ata meeting of the Produce Exchange yesterday Morning the yules to regulate the elevation of grain Were read and discussed, but afier a long vonference they Were referred to a special committce, which was directed to report back to the Exchange, when @ gen- eral meeting wil: decide oy the rules The following are the grades of SPRING WHKAT AND OATS as established by the Cominittce on Grain, to take effect on all grain inspected on and alter Monday, Murch 20, 1876:— SPRING WHEAT. It was understood that telo- | it 18 still stated that be isinctined | t is equally certain that ho had not | 8. Lockwood & Manning, of Saa Antonio, Texas, are , The meeting | | @ oftice of Register Fitch, No. | Ellis Clark & Co., creditors of James | H. Croney & Co., clothiers, No, 789 Sixth avenue and | i } _ ing | the latter No. Lhard spring wheat shall be sound, plump and well | ned, weighing not less than fity-nine pounds to the of spring whe Nb. 1 Northwest spring wheat shall be sound, well cleaned, Meigiing not less than “ffty-eigut pounds to fhe measured basbel. No, 2 Nagthwest spring wheat shall be sound, reasonably clean, weighing not jess than fifty-six pounds to the measured bushel ‘3 Northwest spring wheat shall be sound, reasonably 2, weighing not less than fifty-four pounds to the mensired busle ‘The grades ol Northwest whoat aro to include the light colared plomp wheats, such as ere grown in the, Northwest | and to correspond as far xs practicable, in color and general character, with the Milwaw 3. No. 1 spring wheat shall b id, well cieaned, weighing not Jess than fifty-seven and one half pounds to the meas- ured bushel. No, 2 spring wheat shall be sound, Teasonably clean. ing not Tess then fifty-five pounds to the measure spring wheat shall be sound, reasonably clean ing vot less than fitty three pounds to the measure bushel {These three grades are to include wheats drier in color, and not as plump in berry us the Northwex jsades, but which conform to the character of Chicago grays, as khown in this market.) Steamer Sprit be equal in all respects as to qualit; but which shall be slightly su! “steamer” shall be preti Rejected 5} shall ineludo all merchantable 3, weighing uot less than fitty-one to the above grades, or damp, the wor: wheat shall comprise merchantable wheat cause wntt to grade as rejected. OATS. No, 1 white shall be brigh sound, reasonably clean and free from other grain and shall weigh not less than thirty- | 2 whise oats shall be seven-eighths white and equal to : respects. ats sliall be bright. nound, reasonably clean and froe grain and shail weigh not less than thirty-two measured bushel, two pounds to the measured bushel. 0. from ot 2 oats a ai Fejected. INCREASING PASSENGER RATES. White Star, Cunard, Williams & Guion, Anchor, State, American, to Philadelphia, ana Allan, to Canada—hay ' communication was read from County Clerk Brann, | agreed to increase the rates of steerage passage money | reflecting in severe terms on the corruption existing | on the transatiantic steamers, The passenger trade was never more deplorably dull t at the present time, and immigration is literally atan end. The idea originated at Liverpool a few days ago to increase the steerage rates from five to six guincas on the other Wheat.—In the case of wheat which shall: i | be hheanared wushely and composed mostly of the Bard varielien | Jney fue watten in order A8 TO A TWEED CONTRACT—THE HACK OBe DINANCE PASSED OVER THE MAYOR'S VETO— 4 SPICY DEBATE ON ‘THEATRICAL BILL BOARDS, A regular meetirg of the Board of Aldermen was held yesterday afternoon, Alderman Samuel A. Lewis: in the onair. Alderman Pcrroy offered an amendment to the ore dinance relative to Sring off pistols, guns, cannons, &e., within the city limits, so that the provisions of the law will not apply to Jerome and Fleetwood Parks. Mr. Purroy explained that Mr, Bergh bad brought up the existing ordinance on this sabject so as te prevent sportsmen shooting in those localitics, The amenément was adopted. Alderman Twouxy offered a preamble and resolution setting forth certain facts retative to the contract for furnishing iron water pipes to the city. The gentle- ian stated that this contract was made by William M, Tweed, then Street Commissioner, in 1869, with Ben- jamin ©. Clark, a broker doing business in Wall ptreet, The contract expired durmg the in- cumbency of George M. Van Nort as ‘ missioner of Public Works, and was by him renewed, The city 18 now paying $60 per ton for iron water mains, When men engaged fn the busimess of manufac- turing such pipes stand ready to furnish them for $38 per ton. ie preamble also sets forth that the con- ‘tract cannot be a valid one, particularly in view of the | fact that the present contractor 1s not now, and has never been, engaged in the work of manufacturing iron water pipes, and simply sub-contracts for the material required by the city, realizing thereby $22 per ton clear profit. After some debate the Commissioner of Public Works was directed to report to the Board all the facts in hig possession or that he may be able to ascertain in relation to the contract in question, together with such suggestions or recommendations as he may deem proper, SUITS IN DISTRICT COURTS. Alderman Guxrarx presented an amendment to the ordinances relating to the conduct of sults in Dis- trict Courts, which provides as follows:—‘‘Every action commenced as provided in this ordinance shall be sued and tried only in the District Court of the district in which the defendant shall reside or do busie ness, and inno other except upon an appeal taken from the decision of any Judge of any such District Coart.”” This amendment was adopted. A resolution was referred to the Committee on Roads, Tunnels and Bridges authorizing the placing of Soxes on sidewalks for the reception of ashes, gar- &e, e Commissioner of Public Works was requested to furnish to the Board a statement of all public offices . now leased by the city and also those unoccupied or capable of being used for accommodation of the courts, The same official was authorized to fit be a suitable room in the City Hall for the use of the Clerk ‘of the Marine Court. The Mayor's veto of the hack ordinance recently passed by the Board was called up, Some discussion urose as to the rate of fare set down in the ordinance, It was finally passed over the veto, having received ., seventeen votes. the exact requisite number. Messrs. Lew's, Morris and Howland were recorded in the nega- * tive. The vetoes of ordinances as to awnings and theatrical bill boards were also called up. ‘he former ordinance ‘Was passed over the objections of the Mayor. It gives authority to ownera or lessees of premises to put up canvas or tiv awnings on procuring permission of Dare iiss iminediatel# e-oining, on payment of $1 annu- ally. si Shiaasinats PixnckNEY mado a humoroug speech in op- position to the pagsage of the ordinance as to theatri- cal bill boards, He thought they proved great nuis- ance to the public. Under provisions of the proposed Jaw managers were permitted (o put up bill boards on the sidewall If permitted to do so by the owners of stores and houses fronting on those sidewalks, and also after procuring consent of the district Alderman or an Alderman at large, this authority and consent were easily obtained, as free tickets to the theatres gener- ally did the work, Alderman Hass, who introduced the ordinance, con- tended that these bill boards were a public necessity, Tacy were “ornamental and beautiful.” Alderman Pixcxney called attention to the indecent pietures sometimes placed upon these bill boards, He “alluded specially to the advertisements of the Paris- jan Varieties, on which three nude women were painted and deseribed as ‘female bathers.’ ” The discussion here assumed a decidedly vulgar tone The veto was sustained, and the ordinance thergjore Kiiled, by a vote of 11 to 9. ¢ “i Some further routine > _Dusingss #2 Transacted, and hen —-<____— THE HOLGADO AFFAIR. Below wili be found the latest statement of the Spanis’s Consul General regarding the peculiar disaps peewance of the Spaniard Holgado. In the matter of the Spaniard Holgado the Consul General of Spain says that he sees no occasion for any, _ further interposition on his part in the affair, A wool: ago last Wednesday the young Spaniard Morea came to the Consulate and represented that Seior Holgado . had becn arrested at the corner of Lafayette place and Fourth street, in the presence of his brother, Francisco. Moreu, by aman thought to be an officer of justice, because the person arresting exhibited what was sup- posed to be an official badge on his vest or coat. rou aiso represented that he suspected Hoigado had been arrested because of having iu his poszession, or offer- to sell, Havana lottery tickets, of which. was said to have some 200, The Consul General thereupon called Private Detective istracted him to inquire into the matter, in order that the Consulate might de- cide if its aid should be interposed. Out of this cit. cumstance came the application to the New York poiive, who acted with great courtesy, efhciency and zeal. Nothing, however, could be heard of Holgado, tii an advertisement and circalars, describing hij person and offering a reward for news of him Dreaghe out the proprictor of the Eastern Hotel, saying the missing wan was im bis house. The Consul Generat thereupon sent to Holgaio to come to tue Consulate and make any explanation aud complaints he desired to make. He came and represented that he had been | arrested, as he thought, by an officer of justice, for selling lottery tickets; that the man took him some | distance through the strect, then pushed him into an | Open door, and finally took from him a large package of lottery tickets In his possession, thei 0 ran away and Ho'gad> wandered into the Eastern lotel. The | Consul General then asked Holgado if he desired: | to prefer charges against any one, and he anewered | that be did not. After this Holgado and the Morea « who first complained that the former had bern ar- rested said they wished to see the Minister ui Spain in Washington, and they went, accompanied sy De- tective Davies as a guide, as neither can spea': | aglish, | They returned Thursday morning, The Consui Gen- | eral adds that char; 8 and counter charges are made against cach other by Holgado and the brothers Morea. | about lottery tickets and other matters, over which he hes no jurisdiction, and that thero are unexplained | Circumstancee about the pretended arrest which he has. | no authority to meddie with, and that as Holgalo has “been discovered he has nothing more todo with th matter. THE GAS PROBLEM. THE MOVEMENT OF THE METER EXPLAINED, To Tux Eprtor or tHe Herary:— As you havo of late devoted much of your space to | tho “Gas Question,” and as your remarks have been side, and on this to $30 and $32, giving an average of | $51. Mr. Sandford is hep cy 4 of tl this oe and it is reported that he will next Monday the new rates. These will it is wader stood, soon be followed by an increase of cabin rates. Many of the steamship line agents are much opposed jo the new rates, in view of the hardness of the times nd the dearth of travellers. THE RAILROAD WAR AGAIN. It was confidently reported in stock circles yesterday that, owing to some disagreement among the trunk ines, the railway war was to be inaugurated again, commencing from the 20th inst, and that the agents of the diferent railroads in this city had already com- meneced the “cutting under” process, by which flour would be shipped from Chicago at much les® than the present rates. The officers in charge of the freight depots seemed not to be aware of any change, but itis believed that the fact as stated is substantially true, LABORERS MADE HAPPY. The Pennsylvania Railroad, in anticipation of the Centennial rash, propose making the road in New Jersey @ four-track road, The contract for grading and ing the two additional tracks has been awarded to Newark firm of contractors, The announcement has Bent a thrill of gladness to the hearts of a host of Newark laborers who have long been out of employ- ment. ‘ eit te aed on KILLED ON THE RAIL On Wednesday a man, who gave bis name as Felix Wolch, while walking on the track of the Southern Rauroad, near Glendale, waa struck by the eastern bound train, receiving injuries from the effect of which he died yesterday morning. The unfortunate man was on his way from Bushwick to Jamaica, and, on the proach of the western bound train, stepped on 1 other track, when the eastern bound traiu, unobserved by hin, red from behind and steack him. Weich had been discharged from United States an which he bad served fifteen years, Conterence in | 4 mainly devoted to one side only, I respectfully beg leave to intrude a few remarks iu defence of the other Tho North Atlantic Stoam Con‘erence—to which the | *U% It ts mainly owing to, a want of knowledge on | met in the Court House at Jersey City yesterday | following steamship lines belong: Inman, National, the part of the general public in matters relating to gas that mauy persoas have indulged in much ile feeling, suspicion and censure, watch 13 not limited to aparticular class, but shared by alarge portion of the community, which, I believe, would not be the case were thoy better informed on the malter, We otten find persons of more than ordinary intelligence who regard the operations of gas companies as of doubtful nature, who consider the measurement of mg as a nore farce, and who suppose the sale of gas to fers mystery, Even the H@mav, generally remark. able for its hberality of opimion, has given expression to observations which, if trae, would reflect but little honor upon gas companies. All such charges are the result of an evtire lack of Lappy 9 of the manufac. ture and measuremont of gas; aud I unhesitatingly say that if the public would look carefully into the subject without prejudice the opinion in the matter would be materially changed. It is often argued by digsatisfied consumers that the wheel or clock work of the meters works without any regard to the quantity ot gas passing through the meter. Nothing can be more erroneous than this, The wheel work of a clock is the perfection of mechanism, for it records faithtully and continuously the vibrations oi the pendulum; these vibrations are made to correspond with certain periods of tim nd so long as the pendulum moves at the pre- calculated the clock will be correct ; thors. jofect inaclock is not caused by the wheel work, but by the pendulum. With the gas meter the wheel work records on the dial the number of times the measuring chambers havo been filed and emptied; fe NOL susceptible of Variation (it the meter be in good repair), so that there son between the action of the clock and except as regards the uufuiling accuracy of the wheel work, The gas metor, if properly constructed, rarely indicates against the consumer, as each of the measur- tng yessels must be filled and emptied tue neces: number ef times before the dial can record the cor- Fesponding quantity; but by wear and tear, &e., 1t gen- ily indicates to the prejudice of the company, and only registers a portion or perhaps none of the gas ing. These detects arise froin sinall holes occ! Fing by rast or decay in a part of the cascer measurin wheel of the wot meter or in the leather , gragm thodry moter. Another complaint is that gas com- panies force the gas with undue pressure in order to cause the meters to ‘spin round faster.” This, although often asserted, is completely ridiculous, fnasmach as any increased pressure could not cause ‘the meter to A Shc unless the consumer permitted the gas to wasted through the burner. The meter is a moase re of volume, and untoss a certain volume passes It ‘annot be registered, and if the consumer exorcised ouly ordinary care the gas cannot oO matter bow high the pressure may be. On the contrary, it is the interest of the company to furnish gas under the light 18 no compari the gas meter [CONTINUED ON NINTH PAGEL —