The New York Herald Newspaper, March 19, 1876, Page 10

1 THE COURTS. A Writ of Error and Stay of Exeeution Granted in the Case of Rubenstein. —_>-__—_ THE OPINION OF JUDGE BRADY. Important Decision for Sail- ing Masters. Liability of Holders of Usurious é Notes. Pesach N, Rubenstein, convicted im Brooklyn of the murder of Sara Alexander, and under such conviction gentenced to be hanged on Friday next, has been given an opportunity to substantiate what he has claimed from the outset, his innocence of the terrible crime with which he is charged. A writ of error and stay of execution has baen granted by Judge Srady, of the Bupreme Court, the effect of which will doubtless be the carrying of the case tothe Court of Appeals for inal adjudication, There have been few more remark- edie trials in this country, and one in which the guilt or innocence of the accused is determined by a more in+ Sricate complication of circumstantial evidence. From the moment of the termination of the trial, which lasted two weeks and ended on the 12th of Febru. ary last, bis counsel, Messrs. William A. Beach, Jobn O. Mott and William F. Kintzing have been indefatiga- ble in their efforts to interpose some legal barrier Bgainst the execution of the dreadful sentence of the Jaw passed upon Rubenstein. The first thing was to repare a Dill of exceptions, which embraced some 500 pages of soly itten manuscript. Of course this inv: but within halt made to Judge Pratt for a writ o ecution. as is well known, a bill of ex- ceptions must be tied by the Court and filed before a writ of error !s taken out, a writ of error means nothing except what is on file at the ti the tiling of the writ, and therefore nothing could be done prop erly and legally until the bill of exceptions 1s filed. Immediately following a telogram seut by Judge Pratt to the prisoner's counsel thar he nad refused the appli- cation lor a writ of error and stay of ings the application was renewed betoro Ju ady teeded by an extended argument by r tel. Judge Brady thinks there is sufficient doubt of the prisoner’s guilt to entitle his case to go to the Appellate Court, and be yesterday gave a decision to NEW YORK HERALD, SUNDAY, MARCH 19, 1876—QUADRUPLE SHEET. ; tor wae pinsaua, WIth leave to the defendant to answer | over on terms. This ruling decides that to hold the | selier of « usurious note hable, he being the owner, for | the money paid him, 1t is pot necessary to aver that he |THE COUNTY CLERK MANDAMUS. Whis effect, embodying thie same ih the following opin- | lon:— OPINION OF JUDGE BRADY. The defendant was convicted of murder upon eircum- | Wantial testimony. There was no direct evidence showing that he was at the place where the murder was | committed. The witness for the prosecution who died that he saw him in its vic’ tunate girl who was killed was so txamination and so assailed b; jhe defendant that his testimony was abandoned by tho people. The chief fact or circumstance against the de- Jendant was the alleged purchase of an unfinished to- yacco knife, which a child twelve years of age declared the sold to him on the afternoon of the 6th of Decem- der. Sho was not acquainted with him and had not teen him before, and the interview in which the s was made was brief. The answer given to the facts a fayed against him, not only as to the purchase of the knife, but otherwise, was an alibi—that ts, that he was clsewhero at the time indicate it was conceded by the counsel for tho defendant that tho tase made out against their client, unanswered, was strong, aud it was admitted by tho Disirict Attorney that the alibl was sustained by sev- eral witnesses and was strong; indeed, further, that if the defendant’s witnesses were to be believed, he was entitled to an acquittal. These witnesses were not impeached, They were not, nor was cither of them. assatied by evidence showing them as unworthy ot be Hef, It must be apparent that in such a case, if any fistinction can be drawn tn criminal prosecutions, it is essential tc the dae administration of justice that there de no doubt of the rules of law upon which the ch was investigated; none about the value of the excep- fons taken. Although circumstantial evidence must often be resorted (0 to prove the commission of an dence, and is sometimes entirely satisfactory, {t can- aot be regarded as of the same force or convincing character as direct evidence would be, showing the act fone which is complained of When a person is accused of w crime of which he is Innocent it may be well, and indeed the history of jurisprudence so demonstrates, that an alibi is the only answer which he can give, toupled with the proof of good character. The de- feudant presented both of these elements on bis de- lence. The prayer for review should not therefore be rejusod anless the exceptions taken are beyond doubt valueless and bis guilt apparent, 1 am not satistied that this view can be adovied. Whatever may be the opinion of another on the subject such is my conclusion, and | Must act upon my own convictions, This case Involves life. I think the question asked the surgeon may be neither the prohibited tine of inquiry estab- lished by the case of The People vs. Kennedy, reported In 30 New York Reports, and that creates a doubt of the justice of the conviction, In this case there was no concession by the defendant’s counse! that the fleceased was murd@red, aud in that respect to the ferendant’s bdenetit, this case differs from the case vited, It may be said, in addition, that the court of ast resort, if this case be reviewed by it, ‘nay be called mm to consider whether as a rule of Jaw the fury cau in \ Criminal case, of purely circumstantial evidence, rith the duty ‘imposed upon jthem of giving the weused the benelit of any reasoual doubt his guilt, and when he has given proof of food character, reject the testimony of numer- rus and = unitmpeached = witnesses proving an ultbi, and thus giving superior and controlling eredence ind value to inferential {acta alone. 1 am not aware hat this precise question has been presented to our wurtof last resort, although kindred questions bave wen. It must aiso'be said that where any doubt ex. Bit in a capital case of the force of exceptions pre- vented, it is a comparatively poor boon to grant the sondemped permission to have a review of his case, when, if it involved a judgment for money only, it would exist asa matter of right, The detendant stands by the law of the State entitled to all the privileges which could be accorded to any other person in his vituation; and althouch Atrocious crime charged upon hin without, as seems from the charge of the iearned Judge who presided, wy rent motive to commit it, lthink the majesty ofthe law will be sustained by granting him a reason- able stay, that bis appeal may be beard nally, LING THE NEWS TO THE YRISONKE Having had above opinion duly certified im the Dlerk's oilice and a copy served on the Sherif, Mr. Mott risited the prisoner in the Raymond Street Jail, in Srooklyn. It being the prisoner's Sabbaih yest y ve wag engaged in devotional exerci When Judge roth hands aloft, turned his eyes toward the ceiling, snd, aft nding thas (or about @ minute, slowly brought down his hands, and extending one to Mr. Mott shook it with warmth expressive of his heartfelt ratitude, but he did not utter a word. Subsequenily Fo 'stated that he could uot say anything about the matter, as it was his Sabbath, and, haying again gone shrough the pantomime deseribed, Mr. Mott lett him to pursue bis silent devotions. rze | 2 | Railroad Company ;’ Smith ‘yi he may be guilty ot the | obey, decision was made known to bim he ratsed | ‘Vhe writ of error grauted by Judge Brady is made | retarnable before the General Term of the Second Dy partment, in which Brookiyn is included, which meets at Poughxeepsic, on the second Monday of next May Whatever may be the decision of thie court the caso will doubtless, as already intimated, be carried to the Dourt of Appeals. RULES FOR MEETING VESSELS. Id the United States Districs Court in Admiralty Judge Blatchford rendered a decision yesterday in the | suite of Mark HM. Lufkin et af. against the schooner Greene County Tanner, against the schooner J. W. Woodruf. These were trees lidels, growing out of a collision which occurred 4 of Simeon Fitch et al | tm the Hudson River, of Jersey Gty, on the Mth of | Kovomber, im the daytime, between the two setiooners named above. The wind was Diowing down the river, and both vessels were beating up. Prior to the collision both vessels had been standing op the Starboard tack, beading toward the Now Jersey shore, from the city of New York. The Tenner was ahead and stood out hor tack, and went about near the New Jersey shore and came wu; her port tack. The Woodrul continued on starboard tack, and the two vessels collided. The claim on rt of the Woodruff i8 that, as Hoth vessels were clos it was tue duty of the Tanner, having the wind on the port side, to keep ont of tho way of the Wood raf, which had the wind on her starboard side; that it was equally the duty of the Woodrul to Keep her thal Tanper wae in fault in not avoid- ing the Woodrw! betance of the decision t the rule of navigation in such a case is very clear; that the vessel on the port tack must avoid the other Veouwo! and that the latter must keep her course, If ehe dors keep her course and A collision ensues the burden of proof is on the other ressel to show some satisiactory reason why she did not keep oarot the way, The libel of ine Tanner must be distussed, with bi a the su by the Woodrud there must be a feerce tor the Luella with a reference jamagos, IMPORTANT NOTE CASE. | There was an interesting argument yesterday in | Supreme Court, Special Term, defore Judge Van Vorst, im the sult of Litianer against Go'dmets. The de fendant soid a promissory note belonging to him, made by 8. Schiffer & Nephews, to the piainti. Alter the note matured ult was brought by him against the who pleaded usury, and the plaintif w: makers, Tee vy P as ni jendans was’ duly ‘This fait was broug! on the g th this the defendant demurred. Judge Van @verruled she demurrer, aud ordered judgment | as a had knowledge of its usurious character, or repre- sented it to be business paper. Mesars. Huntington & Goldenberg appeared for the plaintl. The application made by Mr. Montague L. Marks, on bebalf of Mr. Bernard Levy, for a mandamus against the County Clerk directing bim to allow Mr. Levy to make transcripts from the judgment docket, the facts of which have already been published in the Hznatp, came up for argument yesterday before Judge Dono- | hue, in Supreme Court, Chamber Mr. Marks was | anxious to enter {nto the merits of the case, but Mr. | Smythe, the opposing counsel, raised the preliminary objection that the affidavit of Mr. Levy was not suifi- ciently definite as to time, After a brief discus- sion on this point Judge Donohue dismised the bs } cation with leave to renew on further aifidavite. r Marks expressed a determination to avail himself of the privilege thus granted him by the Court and bring to a thorough logal test the question whether a private citizen should be debarred the privilege and right of inspecting public records, * SUMMARY OF LAW CASES, Various candidates for admission to the Bar were examined yesterday by Messrs. Delafield, Dos Passos and Sullivan, appointed by the Supreme Court, General Term, Judges for this purpose. There was quite a lengthy argument yesterday before Judge Curtis, holding Special Term of the Superior Court, upon a demurrer interposed in the suit of Ver- non H. Brown vs. Daniel Drew, brovght to recover on @ note for $5,000 given by Mr. Drew. Judge Curtis entered judgment overruling the demurrer. Judge Johnson, of the United States Circult Court, | left here yesterday after closing the equity brauch, and will open the next term, within a few days, at Utica, N.Y. He wiil not return to this city for court business betore the first Monday in April, Judge Donohue yesterday granted the motion re- cently made before him in the suit brought by Austin Black against the Continental Bank to recover $68,000 ou a check, the certitication of which the bank claims is forged. ‘The motion was for an order to have the check deposited with some proper custodian for in- spection. Judge Donohue appointed Mr, &. L. Owens sueh custodian. Mr. James ?, Lowery submitted a petition yesterday | to Judg# Donobue in Supreme Court. Chambers, ask- | ing that Hugh J. Jewett, Receiver of the Erie Railway Company, be directed to pay Dim $1,000 for legal ser- vices rendered to J, C. Bancroft Davis and James Brown, the trustees of the third, fourth, O{th and sup- plemental mortgage bonds of the road, in certain ltu- gations in Pennsylvania, and for disbursements in such suits, Judge Donohue appoimted Oliver P, Buel rel eree to take testimony in the case, DECISIONS. SUPREME COURT—CHAMBERS. By Judge Donohue. The Continental National Bank vs. Black.—Motion granted. Check to be deposited with E. L. Owen tor fifteen days. Macy vs, Mayer and another; Daly va Jacob; Woods vs. Bitdsail; Zets vs. The German Press Association ; Matter of Dickie, —Granted. Wilkinson and another ve, Orvis.—Motion granted, with st SUPERIOR COURT—SPECIAL TFRM. By Judge Curtis, Brown vs. Drew.—-Ordered that the plaintiff nave judgment on the demurrer, Beyer etal. ys. MeKnight—Order discharging bail from habilty. Cassidy etal, vs. Garvin et al.—Report of reterce confirmed and judgment of foreclosure and sale or- dered. dtillot vs, Hazard et al.; Rogers vs. Rowo et al.; Morgan v8 Strook; Dugan ¥s Callaghan; O'Brien, &c. | vs. The Commercwl Fire Insurance Company.—Orders | granted. | Forest v8, Forest, Reference ordered, i Gillett ot al. v8 Spring et al.—Order granted and un- | dortaking approved, Tallmage Vs. Spottord.—Case and exceptions ordered on tile. By Judge Sedgwick. O’Brien, &e. vs, The Commerci#l Fire Insurance Company. —Order settled, y Judge Sanford. Pursell vs, New york Life Insurance and Trust Com- pany.—An extra allowance of $300 1s granted to de- fendaris Davis, &c,, v8, Helm et al.—Demurrer overruled. COMMON PLEAS—GENERAL TERM. By Judges C, P. Daly, J. F. Daly and Van Hoesen. ‘om Ys, Metzler et al.; Bleecker vs, The Mayor, | —Orders argued and affirmed, Markthaler vs. Frey and another.—Order argued and reversed. Haight ys. Mead; De Teyer vs, Wade; Van Wyck vs, Allen et al,; Rubenstein vs. Leviusky; Martin'vs, The Aterican Literary Bureau.—Appeals dismissed, Kelley vs. Mack et al. Cassebeer vs. ‘Smith; Rinte- Jen va Antenrieth (two cases); Ryan vs McDonough; Adams v8. McMabon; Castro vs. Lenyon et al.; Shep- | herd vs. Webb and another; Hunt vs. Kerner; 0'Con- nor vs. Kerner; Racles ys. Kerner; Hartford, &c., vs. Mueller; Von Glabn vs, Miller; Smith vs. Kennaly; Leaning vs The Mayor, &c; Kessel vs, Brackman, & orman vs, Lillston; Jarvis and another vs. J another.—Argued and judgments aftirmed. intelder vs. Haas; Conroy vs. The Mayor, &c.; Hahn vs Yaptoo; Schutwaker vs. Liebenow; Raven va. Brittan; Reagan vs, Kerner; Reagan vs. Kerner; Lip- ton vs "Kerner; Sullivan vs, Kerner; Regelman ¥ Maxwell; Whalen vs. Brown; Isaacs and unoth Kurn; Jenny vs, Dater; Doscher and another vs. Ja- cobi; Markhaler vs. Frey and another; Pine vs. Wilson and another; Mode vs, Hermmer; Westervelt vs. The Mayor, &e.; ‘Imuorst ys Burke and another; Zelinka ve. Schreiber et al. ; Webster vs. Deering.—Argued and judgments reversed Donegan vs. Fitcher; Keicher vs. Lawder; Clark vs. Simon, Jacobson vs. The Hildise Bund; Grandierri vs, | Gouglemann et al.; Mager vs. Fitagerald.—Judgments , affirmed by default Watson Vs. Whitbeck; Artman etal. vs, Bingham et Flint and avother vs, Corbett; Tacker, Jr., etal, | vs, Wallace; Finks vs. Phoenix Sick Association; Wash: | ington va. noull; Jewell vs. Henizel; Sussdorf vs, Smith; Conw va. The Mayor, &c.; ¢Elbertield vs, Dilger . Brann; Gaillard va, Chaslier; Halli- r day vs. Carman; Hagaman vs. Fox; Martin ¥s, Tho Atnerican Literary Bureau; Welsh vs. Schuyler; Clark- son et al. vs. Mittn Howell et al. vs. Frank; Floteher vs, Potter; Haviland et al; Sanxay vs. Hamel; Orvis vs. Jennings and another (Nos. 1 and Orvis Vs. Dana; Furst, &c., vs. Second Avenue The Mayor, &c.; Her- rera vs, Raminelsberg; Dowal vs. Van Buren, &e.; Health Department vs Knoll; Schenck et al. vs. Tho Erie Railway Compat Van Wyck vs. Allen et al.; | Morange vs. Conover; Lowden vs, Morgan; Phillips ys. Mierson and another; Koenig vs. Jeutz; McGuinness vs. The Mayor, &c.; Clark et al vs. Simon,—Judg- ments argued and the Court took the papers. Wood ¥s. Brown; The Peopie, &c., vs. Casey; Tho &e., vs, Conabeer; in the petition of Thomas he People, &c., v8, Florence; The People, The People, &c., vs. Fields & Flor: &c., vs. Bannan.—Cases submitted. Mack ef ai; Fitzgibbons vs. Connell; | Harris vs, Maginn,—Judgments aflirmed without argu- ment. Bogian etal, vs, Kasefury; Zollner vs. Berge and | another. —Cases settled. } | tanton vs. Murphy; | Carpenter va, Weisendanget Josuez vs Murphy; Cantrell Connor; Sutton vs. ‘Atkins; Von Glahu’ vs, Miller; Grom ys. aletzier.— | Motions for reargument or for liberty to go to the Court of Appeals, j Boyd va. Frielite; The Consolidated Frait Jar Com- pany vs. Mason et &l.—Motions to strike causes from cajendar. MARINE COURT—CHAMBERS, By Judge Meadam, Close vs. Hughes —Motion denied, with $10 costs. = | Bernstein vs. Garde.—Motion to dismiss, &c., | granted. Burdell vs, Wolff.—Attachment ordered. White vs. Wisewell.—Attachment orderod, Lewis vs. Porltion, Judgment tor detendant, The President and Directors of the Manhattan Com- tly, Smith & Cole; Hone va Kochler,—De- * jault noted. The Farmers’ Milk Company vs Ritter,—Proceedings dismissed. ernandez ve Wood; Hagart +s, Brennan; Hunt vs. Wooaruf; Mair va O'Donovan; Mair vs. ‘Springer; Stone vs Hartman,—Motions to advance causes granted Buchmeter vs. Emery; Stamper vs. Peizer; McKeon vs. Byard. —Mr. Edward Jacobs appointed receiver in the above cages, WASHINGTON PLACE POLICE COURT. Before Judge Kilbreth, ST. PATRICK RETURNS, The returns atthe Washington Place Police Court | yesterday were very heavy, there being seventy-seven prisoners from the precincts and four from headquar- t The majority of the charges were drunkenness, with due defereace to Sk Patrick, only infieted ahght ines, PICKPOCKETS. | Detective Ferris, of the Central Office, charged Jobn | Dunn and John Moor with assault with intent vo steal, | A similar charge was made by Detective Slevin, of the Fifteenth precinct, against Harrison Sturgia and Mor. | timer Kavanagh, The prisoners were held in each to answer FELONIOUS ASSAULT. James Gleason, of No 430 East Fourteenth street, was held in $1,000 to answer for stabbing James Mc- Cattrey, of No. 63 South Fifth avenue, during a quarrel on Friday ia Union square, BURGLARY. On Friday morning the dwelling house No, 412 West Thirty-Hfth street, occupied by Charles Breacher, was entered by forcing open a shutter and window, and a silver wateh valued at §7 and a pocketbook containing $6 were stolen, Officer Price, of the Twentieth pre- cinet, on the same morning arrested James Harrison, alias Jack Hennessey, whom he saw with two others on Tenth avenue, of them threw away something. nm roturt his prisoner tm th 8 watch. The racted the er, aGd On going to the station house ho fully | efect. ; but | there, but, instead, a doctor's certificate stating his ill- tified t! wer, The prisoner Hennessey was arrested on Jan- uary 18, 1873, by Detective Cain, of the Sixteenth pre- cinét, for burglary, end on April 2, 1878, pleaded guilty to burglary in the second degree and was sent to State Prison for three and a half years by Judge Sutherland im General Sessions. He bas a bad reputation, and bow a complcte caso 1s made against him. FIFTY-SEVENTH STREET COURT. Before Judge Murray. ROBBING A LONG ISLANDER. James Sinnoff, of Dutch Kills, L, 1, while on his way to the’ Hunter’s Point ferry, on Friday night, was knocked down by footpads and robbed of his watch. Christopher Bracken, also of Long Island, was arrested on suspicion of having stolen the watch, him for safekeeping early in the afternoon before jetting drink {na liquor store on Second avenue and hirty-fourth strect. The defence of tbe. accused was 80 plausible that the Court granted him uctil to-day to Prove his innocence. DRAWING A REVOLVER ON A POLICEMAN. Joseph Keirns, whose father and brother were ar- Taigned a few days ago for interforing with Officer Kin- delon, of the Twenty-first precinct, while in the dis- charge of bis duty, was arrested yesterday on a charge of ¢rawing a revolver on the officer on the same occa- sion and threatening to shoot him. The charge was sustained by the Court, andthe accused was held for examination in $1,000 bail, Keirns denies the charge. POLICE @OURT NOTES. The examination in the case of Mrs. Annie C. Kley, charged with having swindled a number of persons, in- | eluding Mrs, Henry Geyer, of the Maison Richelieu, Thirty-fourth street and Lexington avenue, came be- fore Justice Duify, at the Tombs Police Court, and was adjourned until next Saturday at the request of pris- oner’s counsel Three additional complaints were made against Mrs, Kley by Ezra M. Stratton, of 224 Lexington avenue, and John TT. Allen and George Trapp, of Whitestone, LI. They all’ alleged — that they were victim. ized by Mrs. Kiey, but 1 charges, Michael McCarthy, of No. 170 Christopher looking at the procession on Fritay when a youth named William Fay stole bis watchand chain, The thief was arrested on the spot by a detective. Justice Bixby, at the Tombs, held him in $1,000 bail to answer. Michael Knowles, an ex-convict, was held to answer by Justico Bixby ona charge of stealing an anchor valued at $34, the property of Stephen A. Jenkins, of No, 170 South street, Jobn Sheridan, of No, 606 Pearl street, was held to answer on a charge of stabbing Joba Caslin, of No, 202 Mott street, in the bip with a knife. : John Waas and Jonathan Brier, employed by the latter stoutiy denies tho reet, was | New Jersey Lighterage Company, were held by Justice Bixby to answer on a charge of stealing two bags of coffee, valued at $50, the property of the company. William Beebe, superiptendent, swore that he saw tho prisoners leave the boats with the bags of coffee in their possession. THE CANADA EXTRADITION CASE. Yesterday the examination in the case of James Bowen, alias William Miller, the alleged check raiser, was concluded before United States Commissioner Winslow, in Brooklyn, and the prisoner was ordered to be delivered to the Canadian officers, It will be remembered that the vrisoner, who is a native of the State of Indiana, was arrested March 2, at Hunter's Point, L. L,on a warrant issued by the Commissioner, at the request of W, H. Turner, of the firm of Turner & Sons, brokers, Cornwall, Canada complaint The Bot forth that Bowen, in February last, passed to the complainant a check or draft, drawn on the German Bank of Northe America, Broadway, New York, The check was forged or raised in figures and words from the origina! value of $20 to $875. The lattér sum was paid by the Cornwall brokers to Bowen, and they did not discover the fraud until the draft—whieh was remark- | ably well executed—was returned from the New York bank. The method of Bowen was rather ingenious, About a week prior to passing this draft he calied on Mr. Turner and presented a check for 800. Not knowing him, Mr. Tur- ner told Bowen, who said he wanted to purchase some horses and needed the money iimmedi- ately, that he would telegraph to the bank on which the check was drawn, and, if it should appear that it was right, the amount would be paid. Bowen, know- ing that check—the one for $800—to be genuine, as- sented, and word came certifying to the correctness of the check. This lulled suspicion in the mina of the broker, #0 that when the second draft—the one for $575—was presented, he paid the money without ask- ing any questions. ‘Alter the arrest of Bowen at Hunter's Point a requisition from the State Depart- ment at Washington Was sent on ordering evidence to be taken on which to base the extradition of the pris- oner, Yesterday ex-Aseistant District Attorney John T. Allen, counsel for the prisoner, called the atrention of the Commissioner to the rule of Jaw that in extradi- tion cases the testimony must be such as to warrant the conviction of the prisoner before a petit jury, be- fore the Commissioner could permit of the removal of the defendant. The Commissioner said ho considered that a very ab- solute case of evidence had been made out inst Bowen, and he would, therefore, remana him to jai! till | Monday morning, when he would have the necessary papers for his extradition prepared, SUIT FOR DAMAGES, The suit of Henry Wade to recover $10,000 damages Against Hector ©. Mavemeyer et al.,in the Brooklyn | City Court, before Judge Neilson, was concluded yes- terday and given to the jury. The plaintiff, who was employed in refining sugar at the establishment of the detendants, was permanently injured by the bursting of a centrifugal machine, which made 1,800 evolutions per minute, He claimed that the machine in question was deiective when putin, and thut defendants were ible for the accident. The jury, afer five deliberation, disagreed and were ‘discharged. They stood eleven for the plaintiff and one for delend- aut. THE SWORD CHAMPIONSHIP, Colonel Thomas A. Monstery having published a challenge to the swordsmen of the United States and | Spanish America, M. Regis Senac replied through the Heratp’s columns accepting it, and named Mr. Gar- guilo as stakeholder, Colonel Monstery explained that his $250 was on deposit at the office of tho Turf, Field and Farm, and suggested that Senac should covor the. money at that place. Acting upon this suggestion, it was agreed that on Friday afternoon Jast the two gon- tlemen should tnect there to settic upon details and to sign articles of agteemen'. Senac, with his backer, was on hand at the appointed hour, but the Colonel failed to put in an appearance, A letter was received from him, however, advising that he was at home sick, and enclosed was his physician's certificate to the same Senac’s backer leit bis address and assured Colonel Brnee they were anxious to make the match and would meet Monstery or his repreacntatives at any | Ume they would name for that purpose. New York, March 17, 1876, To tax Epitor or tts Heraio:— According to the article published in your issue of last Sunday, I complied with the demands of Colonel E. 8. Monstery, and on Tuesday morning I deposited | the $250 at the office of the Turf, Field and Farm It ) was agreed that both principals and seconds were to meet at the office of said paper on Friday, 17th inst, between two and three P, M., to make the last arrange: ments, Accordingly, I was there to day with my two secoftds, neither Mr, Monstery vor his seconds were ness, 1 will be giad if Colonel Monstery will name an early day when fe of his seconds will be ready to make the Gnal arrangements, that is to say if he mean business, Hoping you will insert this note in your paper, 1 re- main yours, respectfully, R, SENAC, Fencing Academy, 70 University place, THE COMMUN The “Internationals” of this city, Hoboken and Melrose held a mecting at No, 153 Spring street, last night, to celebrate the anniversary of the insurrection of the “Commune” in Paris, Soveral speakers ad- dressed the meeting, reviewing the events after the close of the war whfeh led to the proclamation of the “Commune.” Addresses were delivered by Messrs, Spe. Let) and others, who referred to the cruel treatment to which the Commune prisoners in New Caledonia have been subjected. At the Germania Assembly Rooms the “Commun anniversary was célebrated by. an entertainment ¥ proceeds of which will go toa fund In aid of the widows and orphans of the victims of the Commune uprising, MRS. MERRIGAN'S HEALTH. The condition of Mra Sarah Merrigan, the alleged murderess of Miss Maggio Hammill, who was reported as dying from an accute attack of lnryngitis, at the residence of het parents, corner of Bushwick avenue and Jackson street, B. D., was yesterday slightly im- proved, so that some hope is entertained of hor ulti. mate recovery. Her triai cannot possibly proceed da ing the present month, howevor, in consequence of het weakened physical condition, — It will be remembered that Mra Merrigan has been twice tried, and im both the jury disagreed. [+ is not deer probabi conviction can be obtained in her case, ATTEMPTED MURDER. Aaron Marks, calling upon Mr. Troy, of No, 62 North Elliots piace, Brooklyn, to settle some business transaction, became somewhat abusive and was pat into the street by Mr. Troy. This action on the part of Mr, Troy so enraged Marks that he reopened the door and discharged a revolver into the bali, the ball doing no serio: mago, however. Mr. froy foliowed Marks to Myrtle avenue, where be gave him in charge Of wa officer, atch. Hennessey was held in $1,500 to |" It having been | found upon him. He said that Sinnoif ‘bad given it to SMALLPOX IN HOBOKEN. Several days ago a man residing tm Sullivan street, this dity, was attacked with smallpox. He was afraid of being taken to Blackwell's Island, 80 # relative of his, J. Valiantt, ao Italian, of Hoboken, removed him to that city ina wagon. Ho died, however, shortly afterward in @ house on Second street. Since the patient has been taken to Hobok persons have fallen victims to the fa three have expired. The police authorities made acquainted with the matter and will mal vestigation. Valianti will be punished to the full ex- tent of the law. MARRIAGES AND DEATIIS. MARRIED. CLarrp—Witsox.—Ou Thursday, March 16, 1876, at St. Mark’s.chureh, by the Rey. Dr. Rylance, Cakstea STILWELL Carr to Bva Stace, youngest daughter of the late J. Dayton Wilson, all of tnis erty. isuen,—On Wednesday, ‘ch 15, 1876, nee of the bride's father, by the Rev, Dr. Einhorn, Gustav Horrmax to Racumt Fisugr, eldest daughter of Isaac F. Fisher, All ot this city. Mone—Wurwien.—At the residence of the bride's mother, Thursday evening, March 16, vy Rev. Ho Crosby, D, D., Jamms Moxcrinr More to Ipa B. daugh- ter of Mrs Emma L, Wheeler, doth of this city. DERHILL—MOoRB.—On Thursday, March 16, 1876, at the Church of the Strangers, by the Rev. Dr, Deems, Ronert Uxperurin to Linnts Moons, daughter of rah C, Moore, All of this city. Zeavoa—-Banny.—On Thursday, March 16, at the Collegiate church, by the Rev, Dr. Ormiston, Fxancts A, Zuxxoa to Many Evizaneta Barney, DIED. Arxonp,—in this city, on March 18, AARo¥ ARxoLD, in the 82d year of hisage, senior member of the frm of Arnold, Constable & Co, Relatives and friends of the family are invited to at- tend his funeral, from Trinity chapel, on Tuesday, the | 2ist inst,, at half-past ten o'clock A. M., without furcher invitation, Banrgy.—On Friday, March 17, Watrer Barrer, & native of Killmore, county Wexford, Ireland, tn the 40th year of his age, The relatives and friends of the family are invited to attend his funeral, from his residence, No, Greenwich st, on Sunday, at one o'clock. Branvy.—On Wednesday, March 15, of pneumonia, Auuent G. Brarvp, aged 87 years and 11 months. The relatives and friends of the family, also tho members of Anchor Lodge No. the members of Putnam Lodge No, 338, together with the members of Hook and Ladder Company No. 1, of Whitestone, L, L, are respectiully invited to attend the funeral, from his late residence, 61 Broome st, on Sun- day, March 19, at halt-past,oue o'clock P. M. Potsam Lovox, No. 339 F. axp A. M.—Bretunss— You are hereby summoned to attend a special meeting atthe lodge room, on Sunday, at half-past twelve P. M., for the purpose of attending the funeral of the late Brother, Albert G. Bearup, of Anchor lodge, formerly amember of Putnam lodge. JOSIAH WALKER, M. Grong H. Formax, > geese 4 March 18, Jony Brapy, im year of hisage; a native of Mount Roth, Queen's county, Ireland. Friends aro respectfully invited to attend his funeral, from his late residence, 205 Myrtle av., Brooklyn, on Monday, 20th inst., at two o'clock. Brivckersory.—On March 16, Wiuie M., only child ofUarry M. and Mary A. Brinckerhoff, aged 2 years and 7 months, Intorred at Cypress Hills Cemetery March 17. Oarrout.—On Friday, 17th inst, Wintiam CaRRont, in his 23d year, The friends and relatives are invited to attend the funeral, on Monday, the 20th, at one o'clock, from his late residence 121st st. and 4th av, Cricutoxy,—In Brooklyn, on Saturday morning, Marc 18, Gronce R. Cricntox, aged 12 years, only son of George H. and Susan 8. Crichton. Remains to be taken to Boston for burial, Cuurcu.—At Passaic, N. J.. March 16, 1876, ANNA Mrronett, wife of Wilham &. Church, Funeral service at 26 Vandamn st, New York, on Sunday, March 19, at one o'clock P. Conwita.—At Greenpoint, L. L, on Saturday, March 18, Letier Conwirn, aged 85 years and 2 months, ‘Tho relatives and ‘iriends are invited to attend the funeral, from the residence of his son, No, 256 ford st., Greenpoint, L. L, on Monday, 20th inst., at one o'clock. Donxeuty.—On Friday, March 17, Micnarn Dow- NeLLy, a native of county Tyrone, Ireland, parish of Barats, in the 40th year of his age. The relatives and triends of the family, and those of his brother Owne and Peter, are respectfully invited to attend his funeral, from his late residence, No. 557 West 30th st., on M peas the 20th inst., ten o'clock, thence to Church of St. Michael, where there will ve « requiem solemn high mass. Dow1ixG,—TimotaHy Stxruxy DowLinG, youn; son of William and Elien Dowling, aged 2 years and 3 months. Funeral from residence 684 Bergon st,, Brooklyn, this day (Sunday), at balf-past two o’clock. FitzGeratn.—On Thursday, March 16, 1876, Martaa J. Frraceraub, of Limerick, Ireland, in the 23d year of her age. Relatives and friends are respectfully invited to at- tend the funeral, from the residence of her brother, Thomas Fitzgerald, No. 380 1st av., this day (Sunday), at two o'clock P, M. Fromae.—New Yore Lovo No. 1, Bexevouest axp Protective Orpen ov Etks.—Brorazrs:—You ure hereby requested to assemble at the lodge room, Masonite Hall, on Sunday, the 19th inst, at twelve o'clock M., for the purpose of paying the last tribute of respect to our deceased brother, Louis Fromme. FRANK GIRARD, E. R. RS Marrry, Secrotary. Sr. Crcrns Loner, No. 568, F. axp A. M. —BreTarEy,— You are hereby summoned to attend a special communi. | cation of the Louge this day, twelve o'clock M., for the purpose of attending the funeral of our late worthy brother, Louis Fromme. The funeral services will be beld in the Grand Loodge room at-nalf-past one o'clock sharp, Brethren of sister lodges are fraternally invited, By oraer of EDWARD HOPKINS, M. ‘Grones F. Insury, Secretary. ay Fixup.—On Friday, March 17, CLArexce Berxmarn, son (alas M. and May Field, aged 2 years and 6 months, Funeral from the residence of the parents, 212 Fast 75th sh, at one o’clock P. M. on Sunday, March 20, Relatives and friends are respecttully invited to attend, | Fitzsisons.—Of consumption, on Saturday, March 18, at three o'clock P. M., Joun Prvs, fourth son of Francis and the late Jane C, Fitzsimmons. The relatives and friends of the family are re: t fully invited to attend the funeral, from the residence of his father, No. 1,000 24 av., on Monday afternoon, inst. two o’clock. Interment in Calvary Cemetery. Gt mother, 119 West llth st., Epwarp F. Gitnert, step- son of M. W. Leftingwell, aged 27 years and 2 months. ‘ends of the family are invited to attend the {u- neral, at one P. M. on S»nday. Guitrorte.—On Tharsday, March 16, Carnertxe, wife of Daniel Guilfoyle, in the 52d year of her age. Rejatives and friends of the family are invited to attend the funeral, from her late residence, 219 Cherry on Sunday, March 19, at two o'clock P, M. ‘Bawrrox.—On Saturday, March 18, of diphtheria, ‘d and Sarah A, Ricwaxv Bamrrox, Jt., sun of Ric! E. Bampton, aged 12 years, 5 mont! Remains to be taken to Philad Hayxs.—On March 17, Gronex W. Harns, at No, 300 West dist st., southwest corner of Sth av, Notice of funeral hereafter. Hayes.—On Saturday, March 18, Liuurs, only and beloved child of George A. and Neilio M. Hayes, aged & months. Fare thee well, sweet bad ot beauty, Little angel, fare thee well; For thou were too pure and lovely In a world like this to dwell. The funcral wil! take place, from the residence of her rents, 313 West 22d a#t., on Sunday, 19th inst, at Batt past one o'clock. Relatives and friends respect- fully invited to attend. Meyry,—On Saturday, March 18, James Henry, native of Roscommon, Ireland, Funeral on Sunday, at two o'clock, from the resi- dence of Mark White, 850 East 17th at, Horkiss.—On Satutday, March 18, Wintin A. Hors Kixs, son of Harrict and the lave William Hopkins, aged 14 years and 2 months. ‘The relatives and friends are invited to attend the ervices, from the residence of nis mother, Se av., Brooklyn, Monday, March 20, ai seve nl. M. St. Paul (Minn.) papers please copy. Horyny.—On Friday evening, March 17, of mem- Drancous croup, with scarlet fever, Jxssis, only davgh- ter of Alonzo and rine M. Hornby, aged 23 months. Funeral will take place, from the residence of her nts, No. 4 West 50th st, on Sunday, the loth inst, at half-past two o'clock. Kelatives and friends are in- vited fo attend without further notice. Hestixetos,—At New Rochetle, on Friday evening, Marchi 17, Jawes P. Hextixetox, youngest son of Law- tence D, and Corneha A. Huntington. The reiatives and friends of the family are invited to | attend ahe funeral, on Sunday afternoon, at four o'clock, from the residence of his parents. Keity.—On Thursday, 16th inst, Kowarp Keury, ‘aged 25 yoars. Funeral to take place from his late residen nh St,, On Sunday afternoon, 19th, 357 NK. KaRRyay. y ort fliness, Mremamt Keesay, in the 56th yoar of his age, pative of county Westmeath, Athione, Lretana. The relatives and friends of the family are respect- fully arias ce to attend his funeral, on Sunday, March 19, at one o'clock. Troy pavers please copy. ex.—On Friday, 17th inst, Howarp W., son of George W. Les, aged 19 yea Months and 4 days. Relatives and trionds of the family are rospecttully invited to attend the funeral, from his late residence, So, 161 East 70th st, on Sunday, 10h inst, o'clock. Lesuin —At 180 Prince st, on Frid pes Jous Lxsuim, eldest daughter of Jonm and Bliza OX. Funeral from the residence of her parents, 258 6th av., on Tuesday, 2ist inst., at one o'clock P. M. BBY. — AL % Orange, N. J., on Friday, March 17, Ricnanp Linwy, in the 86eh year of his age. ‘uneral trom the residence of his son, D. Libby, South Grove st., East Orange, on Sunday, 190h inst, at four P, M. Ly stg in Massachusetts, Boston an © papers please copy. Livss.—In Brooklyn, parniysis, Peren Livns, in the 68th year of his age. Relatives and iriends are respectiully invited to at- tend the funeral, trom bis late residence, 46 Lynch ss, on Tuesday at two o'clock Y. M. On Friday, March 17, Jona, widow of the 7 "are invited to attend the East 19, at one o'clock, FP. and A, M., also | halt-past | mr.—On March 17, at the residence of his | Saturday, March 18, of Maca.—On Friday, 17th, Harti, only daughter or Harriet and the late William C, Mace, in the Sist year of her age. ‘The relatives and friends of the family are fully invited to attend the funera!, on Sunday, 1 ate pagans one, from her late residence, No. 107 Chris er st. bd ee Saturday, March 18, of diphtheria, tor of Andrew and Zelia Mercer, in the | dapeun, | Th year of her age. ‘The relatives aud friends are invited to attend the | funeral, trom the resiaenee of her parents, No. 28 | Duifield st, Brooklyn, om Monday, March 20, at two | Py. Martix.—On Thursday, March 15, Hvax Marti, ad TT years, a bative of Cootehill, county Cavan, Ire- jan Funeral will take place from his late residence, cor- ner 122d st’ and 2d ay,, thisday (Sunday), at two | o'clock P.M. Mruiwe.—On Friday, Mareh 17, Catnanixe, widow of Jobn Miller, agad 80 years and 7 days. Relatives and fsiends, and those of her son-in-law, Dennis Hogan, are respéetfully invited vo attend her funeral, from her late residence, 658 2d av., this (Sun bs palaranete ss ne ae, u aTrNacuT.—On esday, March 1 father of Mrs. Jon ageest et ves and friends of the family are respecitully to attend the funeral, from the German Luthe- ran Church, No. 81 Christopher st. this Sunday, the 19th Inst, at one P. M. | “Moony. +Om Wednesday, Mareh 15, at her late resi- | dence, 43 Bond st., Brooklyn, Euizauera B., wife of | Edward Moody and only daughter of the late Samuel F._Sniffen, of Harlem. Relatives and friends aro seareeninty invited to at- tend the funeral, from the residence of her mother, Mrs. Phebe Q. Sniffen, 4th av. and 125th st, New York city, | on Sunday, March 19, . Interment at | Greenwood. Moxris.—On the 17th inst., Jussm Campuecu, onl; child of James John and the late Jessie Campbel Morris, here 8 months and 11 days. Funeral service at St. Chrysostom’s chapel, 7th av, and 30th st., om Monday, 20th inst,, at balf-pass ten o'clock A, M. Mcuixs.—March 17, Many Mcxtrys, aged 15 years. Relatives and friends are respectfully invited to at- tend the funeral, from 25 Chauncey st., Brooklyn, on | Sunday, Maren 19, at two P, M. Murnay.—On Saturday, March 18, Marcaret Mcr- widow of James Murray, aged 66 years. tives and friends of the family are respectfully the funeral, from her late residence, | No. 158 Broome st. on Monday, March 20, at 2 o'clock, Merracu.—in Brooklyn, at’ five P. M. on Friday, March 17, at her late residence, Nu. 291 Carroll st., | Caruanixs Murtacu, wile of Edward Murtagh, in the | 86th year of her age. | Rejatives and friends are rospectfully invited to at- tend the funeral, two P. M. on this day (Sunday), | Mareh 19 | | McCaryrry.—In Brooklyn, on Saturday, March 18, Tuomas McCarrxey, in the 55th year of bis age, a | incl of parish of tempo, county Fermanagh, Ire- | Jans. | “The relatives and friends of the family are respect- fully invited to attend the funeral, from his late re: | dence, 228 Tillary su, at half-past two P, M,, on Mon- day, March 20, thence to the Cemetery of the Holy | Cross, Flatbush, | McGorMick.—ANN TuHomrsox McCoraicx, wife of John McCormick, aged 60 years. Relatives and friends are invited to attend her Hose from No. 460 West 56th st., on Sunday, at two o'clock. Glasgow papers please copy. | O’ FARRELL, —There will be a requiem mass of month’s | mind for the late Rev, Timotay O'FaRRgLL, at tho | Church of the Visitation, Verona st, Soath Brooklyn, | on Monday, 20th inst., at ten A. M. Friends are in- vin O'Brisx.—On March 17, 1876, Winuta J, O'Brrex, of Douard, county Wicklow, Ireland, aged 26 years, Relatives and friends, and those of his cousin, Thomas W. Valentine, are respectinily invited to attend his funeral, on Sunday uext, at two P. M., from his late ae corner of Miller and Atiantic avs., East New ork. Dublin and county Wicklow papers please copy. O’Burex. —On Saturday, March 18, Aurxy, the wife of Thomas O’Brien. Friends of the family are respectfully invited to at- tend the funeral, from her late residence 220 West 27th | SL, on Sunday, 19th inst., at one o'clock. Paink.—On ‘Thursday, March 16, of brain fever, Jex- | xr Mania, poanges child of James L, and Christeen Peine, aged 3 years and 6 months, _. Relatives and friends of the family are respectfully invited to attend the funeral, from the residence of her | grandfather, Hanford Smith, 332 West Slst st., on onaay, March 20, at eleven o’clock A. M., without further notice. Puiturs.—On Friday afternoon, March 17, Exiza, pelores wife of Lewis J. Phillips, in the 30th year of | her age. The relatives and friends of the family are invited to attend the fun her late residence, No. 24 East 74th st, u The members 0 hereby invited tu Phillips, trom hor late residence, 24 East 74th st, this afternoon, at two o'clock. L 8, ISAACS, Secretary. The members of the Mutual Benefit and Burial So- clety are hereby invited to attend the funeral of Mrs, Jacon Mirt- 70 years. Bt, this afternoon, at two o'clock. HENRY DAVISON, President. Post.—On Thursday evening, March 16, Harry Win- 118, infant son of Henry W. and Jessie E. Post, aged 3 months and 28 days. The relatives and friends of the family are invited to attend the funeral, from the residence of his parents, No, 269 Sackett st, Brooklyn, on Sunday, 19th st, at three o'clock. | PRray.—At White Piains, Westchester eoanty, oa Baier, March 18, Evsxezen H. Pray, in the 88d year of lis age. Notice ot funeral hereafter. LIX, —In Westchester county, March 18, Busza- is INLIN, in the 27th year of his age, Notice of funeral hereafter, Raprorp.—Un Saturday, March 18, at her residence, 123 West 1éth st, Henen N., wife of William H. Rad- ford. Notice of fancral in Monday’s Herald. Ropeysteix.—March 18, of pneumonia, Dr. GF. RODENSTELY. Funeral from his late residence, Tremont, N. Y., om Monday, 20th inst, at half-past one o'clock. Train os O aeiaal depot by Harlem road at 1: at 2: ning, March 17, MaGcDa- Lexa Scumren, suddenly, of heart disease, aged 63 years. : Relatives and friends are invited to attend the | funeral, from her late residence, 24 Vandam st, on Monday, at one o'clock. SMita.—At Smithtown, L. £, on Friday, March 17, | Epwis A. Saitu, of pneumonia, in the 70th year of his | “eho relatives aad friends of the family are respect- | fully mvitea to attend the funeral trom tbe Presby- | terian church, at Smithtown, on Sunday, 19th inst., at | three o'clock P. M. ette Lodge No. 64, F. and A. M. are respectfully invited to attend the funeral, trom his late residence, at Fort Lee, on Sanday, 19th inst, at 1 o'clock, Steamboat leaves foot of Canal st, at 105, A. M., stopping at foot | of West 24th st. Carriages leave 79 Carmine st. at lu A. M,, sharp. | La Farxrrk Lopor, No. 64 F. axp As BM. Breturex—You are hereby summoned to attend a | special communication at the lodge room, Masonic Temple, on Sunday, 19h inst, at nine o'clock A. M., for the purpose of attending the funeral of our late | | worthy brother Fred ©. Stoiley. wk kp E. G. Matvnix, Secretary. . Master, Strattos.—Suddenly, of apoplexy, on the 17th of | March, 1876, J. Witsox Stratton, eldest son of the | late Robert M. Stratton, in the 47th year of his age. — | Relatives and friends are respectfully invited to at- tend the funeral services at the First Presbyterian | church, Newburg, on Monday, 20th ist., at three o'clock P, M. Trains leave New York at 9A. M. by Erie and 10:45 by New York.Central. Stravss.—Suddenly, on the 16th inst, Jossew Srraves, aged 34 years, The relatives and friends, also members of Normal lodge, No. 523, F. ana A. M., are respectfully invited to nd the funeral, from the residence of his brother, Daniel Strauss, 24 West lth st., this day (Sunday), atten A, M. CoxsTeutation Lover, No, 66, [. 0. F. 8. or L You are respectfully requested to atten ral of Joseph Strauss, brother of Daniel of this lodge, on Sunday morning, March 19, | at ten o'clock, from his late residen . 24 West llth st By order of MOSES. 8. HYMAN, President | Aanox Weixetety, besstgg: 9 Staxves.—On Thursday, March 16, Mrs. Anpky T. widow of Jacob H. ‘Strever, aged 76 years, ind friends of the family are invited to at- | |, from her late residence, No, 327 East 16th st.. on Sunday, March 19, at two o'clock, STCYYHSANT.—At Onarga, [I., on Tuesday, March 14, Cuan.es W. Stvrvesant, years. The relatives and friends of the family are respect- fully invited to attend the funeral, trom No, 385 Wash- pes st, New York, Sunday, March 19, at one o'clock Tarvin —In San Francisco, of apoplexy, suddenly, | | on March 5, in the 41st year of his age, Eowann C. | Tarton, of New York, son of the late Joseph R. | Saran Mi. Taylor, and brother of William H, and Theo- dore F, W. Taylor. from Grace church, San Fi nd the remains were 11 te TUNNRLL. —On the 18th inst, Mantnpa Toxxens, aged 66 years, 6 months and 21 days, ‘he relatives and friends of the family are invited to attend the funeral, from the residence er daughter, Mrs. 5. D. Peters, No. 329 West i8th st, on Monday, at haif-past nine o'clock A. M. Wirar.—On Saturday, March 18, Jcues Srwanp, youngest child of George W. and Jane E. 8. Wheat, of god 2 years and 9 days. es and friends of the family are invited to at- tend the funeral, from the residence 328 West Sist st, on Monday, March 20, at one o'clock. Witsox.—At bis late residence, No. 29 Ist dv., om March 16, James J. Witsox. Funeral will take place from the above number on ‘this day (Sunday) at two P. M. ; thence to the Church of | the Immaculate Conception, t 14th st, where sol- emn services will be held. | Tespectfuliy invited to attend. | Yeats Parvtens’ Uxrox,—The members of this Union Fequested to attend the funeral of Mr. James J. Wu from his late residence, 299 Ist av., Sunday, March 19, at balf-past one P, M. THOMAS FERRIS, President Bass. Faruvon, Secretary. Woop —On Friday, March 17, Marosaet Trmrmsa jer of George W, and Hannah ©. Raymond Wood, 10 years, 4 months and 24 days, The relatives and friends are respectiully invited to | attend the funeral, ay the residence sided nk aaa Lewis J, Phillips, from her late residence, 24 East 74th | latives and friends are | FINANCIAL AND COMMERCIAL Stocks Heavy and Specula tion Dull. GOLD 114 1-2 A114 3-8 Money on Call 4 and 5 Per Cent—Government Bonds Quiet and Firm—Inyestment Se- curities Steady—Railroad Bonds . Moderately Active. Sarovrpay, mare iene rie } “Pro aris et focis,” or homes and fresides, are the Incentives to a broker's daily toil, and it is only in dail times like to-day that household altars are sacrificed to selfish comforts. Consequently the fireside supplanted remembrances of home, and there were more gathered about Admiral Worden’s new and costly blazing fire in the long room than in the Stock Exchange hall itself, There was good reason, too, why brokers should take their ease, ‘as it were in their inn, for the penetralia of the Board proper offered little beyond a broker’s market and less in the way of commission orders. There were better prices made at the opening, but, like suddenly repent ant sinners who as quickly fall trom grace, pricer tended downward, to be followed by a revival, with # reconversion afterward. There was a halt between the good on the long side and the evil on the short side, and the close of the day showed that the enemy had got tho worst of tne fray. Not much, however, for the advance in speculatives was confined to 45 a % per cent rise, and investment stocks remained dull and Inactive at yesterday's prices. Western Union at one time was carried up to 68 and Lake Shore to 65, under covering of shorts and by the purchases of Mr. H. N, Smith, whilom of the somewhat notorious firm of Smith, Gould, Martin & Co,, who has reovntly appeared as & conspicuous actor upon Stock Exchange boards. This gentleman was prominent yesterday and his partner equally conspicuous to-day in the rise in Western Union. The trial of strength of Smith vs. Gould (provided no collusion exists) will be attractive to operators, for the stigma of Black Friday notoriety attaches to each, and 1t matters not which succeeds, for brokers believe, with Shakespeare, that , Things ill got had ever bad success, ‘and vote both a bad lot. Tho St. Paul stocks, which had held their owh firmly, were late in the day the recipient of a flerce as- sault from the Gould contingent, which sought to de- press prices by sales of cash stock and on sellers’ op- tion, The effort was apparently to break a stock which for a long time bad been noticeably firm, and by their rupture to affect the rest of the list If such were the intent the plan fell stillborn, for prices closed but little off the highest, and equal to the open- ing. The important sales of Bank of Commerco stock yes- terday were followed by insignificant ones to-day, af 115 and 11534, a small advance on yesterday’s transac tions. Mr. Belknap, the newly chosen President of the Bank of the State of New York, is popularly regarded as the disposer of these shares for the purpose of contributing the cash oquivalent to the support of the unfortunate bank. Granting this to be true stockholders could scarcely have a more favorable augury for a re-estab- lished prosperity than is shown by this action of the new President, ‘THE SALES TO DAY. The transactions at the Stock Exchange aggre. gated 129,000 shares, which were distributed among active stocks as fullows:—Erie, 27,400; Lake Shore 25,200; Cleveland and Pittsburg, 100; Northwestern, 400; do. preferred, 200; Rock Island, 640; Pacific Mail, 18,800; St Paul, 8/100; do, preferred, 1,200; Ohios, 2,100; Western Union, 37,500; Wabash, 600; Union Pacific, $00; Michigan Central, 3,825. OPENING, HIGHEST AND LOWEST PRICES. The following table shows the opening, highestand lowest prices of the day:— Opening. Hughest, Lowest, New York Central, 14g 14g 1134 Wy | 43 206 195% Oa AG 4 a ba Bf 4 noy% 10% 96 36 96.4 4 St. Paul By 48, 42% Milwaukee and St, Paul pref. 81 82 81% Obio and Mississippi. 20% 21s 20% New Jersey Central... 106% 107 106% Del., Lack. and Western. 119g 119 119% 66 06 436 oe Me 20% 133 a a a 20 g eailver pti 22 2 24 ieksilver pf. 2255 a 2 ar Land 1M aya 8 MarbaM pf. gta 108 Hanes Adams Ex....100* a 110 "+ Lake Sh American Ex. Sig @ 4 Mich Contrai.. 3S Ex. 73° a 74 NY & Hariem.141 Ww ac? NY C&H RK, .11Y @ 105: J Cen.. W a 16 ig a 44 64 68s 1g ai i 43 4 44. Missouri Pac ADVANCE ASD DECLINE. The following are the changes in closing prices com. pared with those of yesterday :— Apvance.—Erie,34; Lake Shore, 3; Michigan Oen- tral, %; Northwest common and preierred, 5; Obie and Mississippi, %; Quicksilver, 44; 5t. Paul common, 4%; Western Union, 3g. bycuise—Rock I jand, X; Pacific Mail, %50., C, 6 and L, 3. STATIONARY. —Atlantic and Pacific preferred, Atlantic and Pacitic Telegraph, C.,C. and L C., Delaware and Lackawanna, Hannibal and St. Josepa common and referred, Harlem, Illinois Central, Missouri Pacific, ‘ew Jersey Central, Panama, St. Paul preferred, Wa- basn, Union Pacitic and gold. THE MONEY MARKET. Money on call loans was freely supplied at 4and 8 percent, Prime paper is quoted at 44 and 6 per cent, Foreign exchange was firm; prime asking rates, 4.87 and 490%; selling rates, 48644 a 4864, and 480% 8 490, Reichmarks, 955 095) and 057% a 9655. Cables, 9635 296%. Prime Paris, 5.13% and 5.114. The following were the rates of exchange on New York at the undermentioned cities to-day :— Savannah, unchanged; Cincinnatl, slow, par to 60e, premium; Charleston, unchanged; New Orleans, com- mercial par, bank |, premium; Chicago, 50c, premium, and St. Louis, 25c, discount to par, THE BANK STATEMENT. ® The bank statement shows some violent changes in the different items. There isa general decrease, the loans being down $6,881,700; specie, $770,400; legal tendors, $2,021,400; depostts, $6,517,900, and circula. y0ss in the reserve of the banks of $1,162,325, which | leaves a surplus reserve of $12,831,275. The mere failure of the Bank of the State of New York docs not entirely account for this important change, but has had a great deal to do with It, inasmuch as it is evident that capitalists have been frightened by the possi- bilities of further disaster. Loans have been called in, deposits have been recalled, ard allthe symptoms of ‘an incipient panic were manifested, The following ‘s a comparison of the bank figures for the past two weeks :— March 1. — March 18, Differences. «$270, 745,400 $265, 865,700 Doc.. $6,881. 700 « 23,139,800 22,360,400 Dec.. 770,400 ts... 227, Cireulanon. 16,697, ‘The following shows tho relations between the total reserve and the total liabilities :-— $25,130,800 $22,369,400 Dee.. 47,629,500 45,608,100 Deo. our - —— octal eer $70,709,800 $67,977,500 Dee. $2,791,808 Tope senders juired S18... 56,775,700 5,146,225 Excers of te. uate serve above jegal re. quirements, $15,009,600 $12,831,275 Doc.. $1,162,328 THR GOLD MARKET. Gold opened at 11454 and closed at 114%, alll the sales of the day haying been at these Ogurey Khe,