The New York Herald Newspaper, March 24, 1876, Page 8

sede iruit tra - 8 THE COURTS. Adverse Decisions by the Court of Appeals and Commission of Appeals, GLORIOUS UNCERTAINTY OF THE LAW. What Constitutes a Material Altera- ation of a Note. Responsibilities of Charterers of Vessels, A rather singular case came up for argument yester- @ay in the Supreme Court, General Term, the case be- dag in the extraordinary position of compelling judicial ¢etermination as to which was the sovereign logal oracie of the State, the Court of Appeals or the Com- mission of Appeals, In March, 1862, Henry Dakin, who then lived in Vermont, gave a note for $3,740 82, which the Mechanics and Traders’ Bank of Jersey City discounted, At that time Mr. Dakin owned a bond made by William Miller, secured by a mortgage on jand in Tompkins county. Belore maturity of the note Dakin assigned the bond and mortgage to a Mr. Jewell, which assignment was duly recorded, The note having become due and remaining unpaid, on an aft- dayit of Dakin’s non-residence, and that he had prop- erty inthe State nine days before any order for the service of summons by publication was made, a war- rant of attachment was issued to the Shertif of Tomp- kins county to attach the debt owed Dakin by Miller, Suit was brought, and in April, 1868, judgment was given by publcation on default against Dakin, and on the following day the transcript was fled with the County Clerk, aud an execution issued to the Sherif While the execution remained in the hands of the Sheriff suit was brought by the bank to recover on the note. The case was tried be- fore Judge Sutherland, then on the Supreme Court bench, and the case dismissed. The plainuils ap- pealed (o the General Term, which affirmed the judg- ment The case was then Carried to tho Court of Ap- peals. This happened to be one of the 500 cases trans- ferred by special act of the Legislature from the Court of Appeais to the Commissioners of Appeal. Pending a decision by the latter tribunal the Court of Appeals decided a case involving precisely the same question of Jaw, and subsequently the Commissioners of Ap- peals gave a decision in this case exactly the reverse. Upon discovering the couilict in the decistons a mo- tion wes made fora reargumevt, which motion was denied on the ground that inasmuch as a new trial had been ordered, cither party, upon such new trial, if dis- gatisiied with the result, could take the same to the Court of Appeals for final ‘disposition, and thus the dis- puted question could be finally settled. Upou the order Jor o Rew trial the case was retried before Judge Donohue at Special Term, and it was upon an appeal {rom tho judgment at this last trial that the case came before ibe General Term. As will be secon, the case presents rome very curious phases, and, preéminentiy, the glo- rious uncertamty of the law. ALTERING A PROMISSORY NOTE. John G. C, Taddiken and Mary A. Cantrell in June, 1873, had an accounting, and the latter gave two prom- issory notes conveying the amount supposed to be due by her to the former, the notes being drawn in the usual commercial form, Eight months after, the notes remaining anpaid, he consulted a certain lawyer, who advised him that the notes were not valid and that they should contain a clause charging her separate es- tate, Mrs. Cantrell owning a tract of valuable real es- tate in this city. The words “and I bereby charge my Separate estate with the payment of the above” were thereupon interpolated and suit was commenced by Mr. Taddiken to recover the amount of the note. Tho action was tried three times, the jury disagreeing on two occasions, but on the third trial, upon tue plaintiff swearing that the defendant had authorized him to make the notes valid, the jury found for plaintift. The case was appealed’to tho Supreme Court, Gencral Term. Mr. Henry H. Morange, connsel for appellant, contended that the alteration was # mate- rial one and vitiated the notes; that no an- thority could be implied to alter the notes by including in them a separate and independent contract; that the contract of the parties was Gxed and unalterable when the notes, as originally made, had been delivered and accepted; that the alteration having been mado without the knowledge, privity or consent of the defendant, it was not binding upon her; that the aiteration was material, ag it enabled the plaintu | to recover, without giving any testimony aliunde the SUPERIOR COURT—SPECIAL TERM. Davis, Brady and Daniets —Nos a BS, &, mH, Dike et al. vs, Snyder et al,—Motion for a substitu- ‘Scrneus Cocar—trcvie—Pant biletd r) tion of a person not a party to the action as defendant, |, SUrREME, Cocmr—timcure— iat se ; under section 122 of Code, denied, Costs of motiop to | 2087, 2600, ‘203 “ Dede, sani, 2008, pisinuift to abide event Of smh (18 Abbott, 268; 34 | Sioy “Ri gonad pg increwcn. Abert | Davie vs, Donohue ot al.—Order dismissing plajntif’s $50 tsen seek Sten sole, saek, - i680, = i—} ; complaint, with $10 costs. j ae ot4 toe ltetc thie eet 4 aly Hl inne vs. Palmer et al.—Motion for commission Held-by Judge Ven Vere, Nos. itt?, Clattin et al. ve. Meyer; Olwell va Hasbrouck; | 973, 2151, 2283, 1004, 2081, 2657, 2708, 1836, 2508, | dertaking. | aMr. Oscar M, Spiller, appeared before Judge Mc- notes, aud that no authority to so materially alter the | nctes can be inferred, bat must be express. Numerous authorities were cited to sustain the pos by counsel, Mr. D, T. Robertson, for respondent, as- serted that the alteration was not material, as'the plaintiff could have recovered without tue insertion of those words; that at all events the change in the con- ‘tract was contemplated by voth parties, and that the authority to alter the note was continuous. He arguea that the addition of the words im question added no great weight to the notes and that they were unneces- sary to a recovery, The Court took the papers and reserved its decision, IMPORTANT TO CHARTERERS. A suit is pending before Judge Blatchford in the United States District Court which will test the respon- jon assumed | sibility of the owners of vessels and the charterers of | the same from foreign porta. The suit is brought by Gomez & Argumbaum, charterers, vs, The Bark Carlotta, The bark, in November, 1874, carried a cargo of petro- leum from this port to the port of Terragona, in Spain. She was chartered, on her return trip, to bring a cargo of almonds, oranges and wines, trom various ports in the Mediterranean, the said cargo, as set forth, being pn on board in good ordér and condition. On arrival ere the consignees declared that the cargo was damn- aged to an extent which preciuded the their accepting it, and that the damage arisen from suit for the value of the cargo. A counter action is joined in the trial, the owners of tne bark suing the chartercrs jor ‘the balance of the charter money—$1,000, Consider able interest is felt in the suit by importers of fruit and others int tin the chartering of veseels used tn between the ports of the Mediterranean and this port. CONTESTED WILL CASE. Eliza McBride brought suit against Samuel McBride and others under the law which permits the Supreme Court in a proper action to determine the validity of any alleged will. Matthew McBride's will is here in controversy. He died on the 11th of September, 1870, ® resident and inhabitant of New York city. His will bility of | | remanded for sentence. ‘was dated the 18th of May, 1868. He devised all his | erty, real and personal, to his brother, ohbason McBride, and bis wife, Eliza McBride. Jobnson MeBride ~ has since died, having Jett his estate to Eliza McBride, who !s the complain- antin the present suit When this will was offered Jor probate betore the Surrogate probate was refused, Dut on appeal a now trial was ordered. No new hear- ing has been bad belore the Surrogate, but this action is relied upon. The property involved is real estate, at the southwest corner of West Third and Thompson streets, valaed at $30,000. The trial ef the case began yesterday before Judge Larremore, holding Special Term of the Supreme Court, The ground ol contest is that the testator was not of sonnd mind aud Qiat there was undue ipfuence, which controlled his action. Messrs, Thayer & Shondy appear for plainti® and Messrs. Andrew Blake and Algernon 8, Sullivan for tho deieudants. THE MCUNN ESTATE. An exciting and projonged contest is promised in the courts in regard to the settlement of the estate of the late Judge McCunn. A pretty full statement of the present state of the case was published exclusively ip yesterday's HrRAtn, and it is therofore needless to | Tepeat the complications in which’ the matter 1s In- | goods, but claimed that b volved, Parsuant to the announcement in the HRRALD Feport, the motion for the appointment of a receiver came on to be heard yeeterday, before Judge Donohue, yn Supreme Court, Chambers, There was a formidable array of covnse). Messrs. A. Oakey Hall, Goodlett and Lyday appearing for Thomas MeCunn and Widow McCunn; ex-Judge Jones and Christopher Fine for Ehzabeth Patterson, the contestant of tno will, and Mr. McFarland for Mr, Gamo, tho agent of the estate. There was quite a Jengthy discussion on the question of adjournmeut, Mr. Hall insisting that the papers in the case of Mrs. McCann having beon served on him that morning, and being very voluminous, he should require time for their examination. On the other site it was insisted that thero had already been adjourpments enough. Judge Donohue was in tavor of profi pt action, and the ease to be set down peremptorily for to-day. i! DISSOLVING A COLLEGE CHARTER The Legislature by a epecial act, passed in 1867, granted a chartor to the Place College, to be located in Binghamton, in this State, This name was chosen in honor of James K. Place, its founder and principal Benefactor. The college, it seems, bas pot been a suc- cess, and, further, the conditions of the charter were not fully complied with, the stipulation being that four of the trustees should be appointed by a conference of the Methodist Episcopal Church. From lack of funds to carry on the institution in accordance with the plans Toposed Che Uuiidiags aad ground were s0i4 nbouta Year Ago, ANA, Oi & mde hed & majority of tho trus- held In this city In ermber last, it was decided to don the scheme to seli the college proporty at suction and turn over the proceeds to Mr. Place. On Seton yesterday to Judge Larremore, of the Sa- Court, Special Term, a decree of dissolution was pointment, NEW 1OKK HERALD. FRIDAY, MARCH 24, 1876.--WITH SUPPLEMENT. awarde fands Knight, eighteen years, of No. 241 Bleecker : oo by Smith, Rays e font Tf DECISIONS. : eae or ‘SUPREME COURT—CHAMBERS. In the enter sd teas vs. Eldridge.—Motion granted, report confirmed and ordered that Eldridge pay amount reported with referee's foes, and if tho respondent has not his balf of the stenogra. r’s minutes then o} to pay one-half of that, bave bo power to give allowances, Blankman vs. Norton and another.—Motion granted. By Judge Lawrence Bloss vs. the Southern Railroad Compaay.—In this | ease I led ® memorandum. on the 24 day of March, | Jewelry ster tlealing ever worth of 1876, which coansel wall find by looking at the Register | Jury" taese beemnbt temas Seniae th the Of the 3d day of March, 1876, SUPREME COURT—SPECIAL TERM. By Judge Vau Vorst. Sink, &c., va. Sink et al.—Findings signed, By Judge Larremore. Place vs. the Place College.—Deoree dissolving cor- poration. Byrnes et al. vs. the Mayor, &c.—Demurrer over- ruled, with Jeave to answer on payment of costs, Levy vs. The Mayor.—Judgment for defendant on demurrer, with*eave to plaiatiff to amend on payment of costs. | See decision. COURT CALENDARS—THIS DAY. Scraame Covrr—Cramnens—Held by Judge Dono- hue.—Nos, 27, 28, 90, 68, 74, 84, 87, oT, 111, 122, 130, 138, 186, 185, 207, 216, aoe 306, 272, 278, 306, 907, S11, 313, S14, 314, 818, a8}, Sureame Count—Srreus Teas—! ‘dy Jodge Lar. No. 47. No day calendar. Temore.—Case . Surname CovrT—GanemaL Tenw—Hela by Jo | Svrsnion Covat—Gayenat, Tenm.—Adjourned the term. Screnion Covnt—Sreciat Taaw—Held by Judge Curtis. —No, 1. Surerion Cocer—Triat Trxw—Part 1—Held Judge Sanford.—Cnse on—No 1217 No day cal- endar. Part 2-Held by Jodge ir. —Short causes—Nos. 1771, 0:7, 1050, 1618, 200m, ms, 19 Bohamon vs, Barlow et al.; Butler etal, vs. Dixor Laudon ys. Barlow et al.; Dutch vs. Dorsey.—Drders granted. Elizabeth Stephens vs. John Stephens.—Report of reteree confirmed. Judgment of divorce in plaintitt’s favor. Wright va aagNt Me Han denied, with $10 costs, y Judge Sedgwick. Struggomann vs, Muller.—Order settled. PE eaght bs “Ee hs Tanm—Adjourned watil MARINE COURI—CHAMBERS. soe ” — ies avy Texa—Held by Judge Yeu By Judge McAdam. ye o. 18, | Smith ys. Conner.—Motion granted as to the $30 |.., COMMON PLEaS—Trzat Tenw—Part 1~ Held ae Robinson.—Case on—Ne, Part 2—Held by Juc; Nos. 1477, 237 allowance and dented as to the balance, Trowbridge vs. Streeter. —Opinion. Wainer vs. Heraghty.—Motion denied, with leave to renew after judgment execution. Routeny ve. Darand.—Motion denied. adway vs. Sturges,—Edward Jacobs appointed re- ‘08. Manive Count—TniaL the term, Case on. ceiver. : 4 Phinnoy va. Begone.—Motion for judgment deniod. | Goepp.—Nos. 6089, , $090, 2010, Stebbins vg. Williard.—Motion denied, 6010, 3598, 6712, 6518, 6538, 7051, 7104, 3195, —, 60m 6996, 7109, 6792, S74, 7243, 2315, 2189, 2o01. | Mitchell vs, Terry.—Motion granted upon giving un- Court ov GrxrraL S8esions—Held Hackett. —The ple ve. Joni Same va, ; Same va. Michael Sellivan Same va Richard H | ;_Same vs. Walter allen and Jobn | Rostenstein ws. Hallen.—Motion to set aside sum- mons granted with costs. Dohnly vs. Porter.—Motion to strike out demurrer granted with $10 costs. McLean vs, Miller; Greenbaum vs. Adams; Hafner vs. Forhann.—Motions granted. Dorscy, burglary; Same va, Edwin Hart, burglary; gfineas ve Mohdel.—Atiachment granved. — Ball, deneaakonentnes jal peter tieat ta “arg ve 500. , eres | Conner vs. Elwell; DeForost ve. Curistye.—Granted, rings ae larceny; Same Saar Bowe c and Prederorcg ys. Stevenson.—J, Eymers, Esq., appointed Gand: laseat od Phillipa, gre arcony; Ern Shiller ys, George Francis Train.—A, Barton Hough appointed receiver, SUMMARY OF LAW CASES. A verdict against the city for $605 2t was obtained yesterday by the Metropolitan Gaslight Company ina suit before Judge Barrott, holding Supreme Court, Cir- cuit. ‘The suit was for gas supplied to the Fourth D:s- trict Police Court. The trial of John Sullivan against William Watson and others was commenced yesterday before Judge Lawrence, in Supreme Court, Circuit. Tho suit in- volves the question of payment of $1,100, balance ‘nisbed for macadamizing | the road in Westchester county from Bronx River to Fox Corners, Notes of issue were filed yesterday for orders to show cause, in Supreme Court, Chambers, to-day, why the injunction should not be continued recently granted against the Bleecker Street Railroad Company, | and also why the railroad shail not be leased for | ninety-nine years to the Twenty-third strect line, The probability is that there will be an exciting argu- | ment on the two motions. i Judge Larremore yesterday gave his decision upon the demurrer in two suits against the city recently argued before him at Special Term of the Supreme Court, He overrules the demurrer, with leave, how- ever, to renew on payment of costs in the case of | Christopher Byrnes, whose suit is for the paymentof | a plumbing bil. In the case of Simon Levy he directs a judgment for the city. Lovy was appointed attend- ant on the Sheriff's Jury by the Board of Supervisors, which Judge Larremore holds was a new office and the Board of Supervisors had no right to make the ap- reeny; Emily Taylor, pout larceny; Same vs. Annic Block and Charles ‘cCarthy, petit larcen; petit larceny; Same vs. Leonard H. Raymona, pettt larceny; Same vs. Richard Green, petit lar Same Vs. Thomas Flynn, petit larceny; Same va. J A. Boyle, assault and ttery; Same va Thow: Little and William H. Powoll, burglary. COURT OF APPEALS. Atnaxy, March 23, 1876 The following are tho proceedings in the Court of Appeals to-day :— No. 21. Kittle Mersercau, ministratrix, &c., re | spondent, vs. Phenix Mutual Insurance Company, appel. | lants.—Argued by G. Hand for appellant and’ kh. BE. Andrews for respondents, No, 12. Priscilla Rauiston, respondent, va. Roxey EF. Raulston and Others,‘ appellants. —Argued by EO. James for appellant and L, W. Russell for respondent No. 19. Deborah C. Becar, respondent, va Eberhar Fluer, executor, &c,, appellant. —Submiited. No. 29, John B. Scholey, executor, &c., respondent, vs: Annie E, Mumford, survivor, &c., appellant. —Ar- gued by George F. Danforth tor ‘appellant and F. A, McComber for respondent. | No. 40. Julia Ann Mussath, administratrix, &., re- | spondent, vs, ‘rhe President, &e., of the Delaware, &., | Canal Company, appeliants —Argued by Henry Smith for “appallente and A. J. Parker for respondent, Case still on. Yroclamation made, and Court adjourned. CALENDAR, The following is the day calendar of the Coart of | Appeals tor Friday, March 24, 1876.—Nos. 38, 49, 23, 60, 68, 70, 71, 72. UNITED STATES SUPREME COURT. Waxsurnctox, March 23, 1876, In the United States Supreme Court yesterday the following cases were heard:—No. 6. Walker vs. Sui. | Vant—Error to the Sapreme Court of Louisiana.—The | | question in this case is whether the State of Louisiana or other State of the Union bas power to enact laws against Giscrimination on account of color by hotel keepers and others, The defendant in error recovered ajudgment of $1,000 against Walker for rofusing to | A BARBER SHAVED. give him refreshment becauso he was a colored man, | Samuel Rendell, a barber, doing business on tho cor- | Jt {s here insisted that the law of the State under ner of Chatham and Pearl streets, bad among the | witch the proceeding was had is void, because it : | grenches upon a jurisdiction wholly beionging to Con- | yersons whose chins a sere ee min pentved under the constitution and because it abridges individual named Adolph Wensdorf, who sympathized | the privileges and immunities of citizens of the United with the condition of Rendell, who was obliged to work States, goutrary to the provisions of the fourteenth tc rf amendment, Durant & Horner for nti’ in error, hard Vesa sip: pandas iy pure spirit red | 5rQ. A. Fellows for defendant. . benevolence, toid the latter he could put him inthe “'xo.477, United States va. Sanders—Appeal from way of making $4,000 or $6,000 with an expenditure of | the Court of Claims.—This was an action to recover $100. Rondell gratefully expressed his willingness to bounty, and for services as a soldier, to the amount of | pocket a few thousands, and on the night of February | $008." The defence was that Sanders having deserted | Mr, George Francts Train, in proceedings supple- mental to execution, resulting ip a suit against him by | Adam, in Chambers, of the Marine Court, yesterday, and made a rambling statement about himself and his property. He talked about his assets in a most re- markabic manner, adaing up sundry ms into the millions. The proceedings were a litle fussy, but came to no result. COURT OF GENERAL SESSIONS. Before Recorder Hackett, 18, with $100, he met Wensdorf, who ‘‘stecred” him | he could not recover, although afterwards restored | toa gambling house at No. 137 East Twelfth street, | With loss of pay and allowances during the | where he soon parted with all the money he had with ‘erm of enlistment, and was afterwards hon- | him and returned home ina very dejected mood. He | orably discharged from the service; nor could | was reassured by his disinterested friend, who declared | he recover in consequence of the joint reso- that lie would personally see the dealer of the game in | lution of 1870, which provided that moneys withheld | the morning and arrange matters so that Rendell | on account of desertion shall not be paid to a deserter | should win Heavily on the following night. Accord- | unless the record of desertion is ete ie the sole | ingly the barber accompanied him again to the house, | ground that it was made by mistake. The Court of where he lost $150—all the money he had. Then he , Claims held that the honorable discharge of the claimant suspected tho kindvess of his friend and caused the | purged his offence and annulled all consequences, and arrest of the latter, who was placed on trial yesterday, | that the joint resolution, te grey more than three years ras v1 ersuad! to bi after his discharge, could not be applied to his case alpine ole ag if 10 gamble and wae | without giving a rettosctive ‘eftect it was not iutenaed to have and could not have. The government here in- A POLITE PRISONER. sists apon the original defence; Assistant Attorney James Doorlan, aged twenty-two, who was caught | Periecrtteg it ap Sirk peal dea & Hosmer while committing a burglary upon the premises of | i arooeer ageie Cait va. BhakeapennUnrdkies ima Francis Everett, No, 202 East Bighty-sixth street, was Supreme Court of Pennsylvan' ‘his wae a libel by arraigned and Assistant District Attorney Russcll con- | the platatiff in error under an act of Ponnsylvania re- | sented to accept a plea of burglary in the third degree. | lating to the attachment of vessols, against the | “Five years at hard labor in State Prison, sir,’’ schooner then lying in the Delaware River to enforce the Recorder. | len for certain ship timber and other lumber, alleged “Thank Your Honor.” returned the prisoner as he allegedto have boon supplied for ber consiruction at vorned away with a courteous bow. the instance of the contractors for building the vessel. “You're welcome,” said the Court, and the prisoner | The Court below sustained the Pennsylvania act and withdrow. enforced the tien set up. Itis here insisted that the act was repugnant to the ninth section of the Judiciary act to the extent in which it authorized a proceeding in ss a vessel to enforce such a hen after it had jaunched, and was affoat ina public navigable | river and capable of being registered and enrotied and employed in maritine navigation and commerce. J. HM. Ashton for plaintiff in error; Senator Bayard for de- fendant. No, 183. Meyer et al. ve, Artnur—Error to the Cir- cuit Court for the Southern District of New York.—This | was an action to recover back aduty of ten ir cent | VARIOUS PLEAS, é Richard Failon, Charles Quinlan, Thomas Langdon and Luke Crogan, boys of fourteen, who on the 13th inst. broke into the shooting gallery of John Chanteris, No, 223 East Thirty fourth street, and stole a rifle, a gold badge and other property to the value of $47, were | sent to the Catholic Protectory. | Aug Palmer, of No. 181 East Houston street, | caugh empting a burglary upon the premises of August and Frederick Stern, No. 47 avenue B, was on white lead, oxide of zinc, orange lead and nitrate sent to State Prison for eighteen months. | Of lead, imported by the plaints in error at.er Harry Jester, a printer, who entered the apartments | August 1, 1872, the defendant being the Collector of of Edward C. Oppenheimer, No. 243 Kast 105qh street, . the Port oi New York. The Court below ruled that on March 15, and stole silver coin to the value of $2 50, _ these articles wero manufactures of metals, of which was sent to the Penitentiary for six mouths, | metals are the component parts of chief value, within | 2 Ras { the meaning of the gct of 1872, under which the | duties were laid, and Sastained the duty. The only | question here is whothor the Court was correct in its raling# on this point, the plaintif’ in error contending itisnot. E. Hartley tor plaintiff in error; Assistant Attorney General Sinith for defendant, No. 184. Montgomery, assignee, vs. Bucyrus Machine Works—Error to the Circuit Court for the Western District of Missouri.—This was an action by the as- signee lo recover assets of the bankrupt firm of Stew- | art, Porter & ©o., movey alleged to have been to the machine works by way of preference, in fraud of the rights of the other creditors. The decision was jn favor of the defendants, and {t is here insisted that frandalent preference ts plain from the fact that the bankrupts bought machines trom the defendants | and sold them to other parties, and within four months beforo the filing of proceedings in bankruptcy allowed such parties to pay the amount owed for the machines directly to the defendants. Baker and Ewing & Smitn for plaintiffs; Bartley & Jenna for defendants. FUCHS’ TRIAL POSTPONED. The Kings County Court of Oyer and Terminer was crowded yesterday forenoon in consequence of the an- THE FLANAGAN CASE, nouncement that Andreas Fuchs, the murderer of On the 15th of March Mr. John Flanagan, of No. 629 | Wiiham Simmons, was to be placed on trial. Judge and 631 Eighth avenue, was arrested for violation of | pratt presided, being associated with County Judge the Corporation ordinance, In, ag alleged, exposing his | soore,and Justices of Sessions Woivort and McKibben. goods for sale outside the stoop line, In court homado | pistrict Attorney Britton, who appeared for the prose- charges against Captain Washburne, of the Twentieth | cation, moved the trial of The People va, Andreas ‘ecinet, and on his discharge Captain Washburne said Fuchs. The counsel for the prisoner, Mesera, H. B he would sue Flanagan for defuwation of character. | \ vf | Kinghorn and John B. Taylor, opposed the motion to Un Wednestay Mr. Flanagan's brother David brought roceed with the (rin, ‘argued Vhat they had not tering upon the defence. The pris somo goods down town, and on their henge t at the | [a4 sufficient time to prepare the necessary evidence , and all tho labor devolves upon AMr. Britton said that objectiona of counsel ta pro- } WASHINGTON PLACE POLICE COURT. | Before Judge Morgan. LARCENY AND RECEIVING STOLEN GOODS. Upon complaint of Edward Manx, of No. 11 West Third street, Andrew Seigler, a clerk in his employ, was held in $300 to answer for stealing nineteen picture frames valued at $20 60. The prisoner said he solathe frames to Leslie Coe, of No, 17 East Ninth street, Mr. Coe was also arrested and held in $1,000 to wer for receiving stolen goods. Mr. Coe admitted buying the 0 did not know that they were stoion. BURGLARY. Albert Johnson, of No. 64 Amity street, was beld in $2,000 to answor for entering the premises No, 233 | West Eighteenth street, occapied by W. S. Mossman, by moans of false keys. The prisoner was accom- panied by another man, who made bis escape, but Mr. Mossman caught Joboson in the act of attempting to | carry away about $30 worth of clothing and wearing | apparel. & Co., was deputized to open the cases on the walk.’ Daring bis work Cuilon was arrested by an ofl. | OB¢t bas no frien: cer of tho Twentieth precinct on a charge of obstruct. | his lawyers. There was ono witness in particular for ing the sidewalk. Yesterday morning Mr. David M, | Whom they bad been searcbing, and they had him ‘was arrested and brought to court for vio. | Dearly located, store Simca Cullen, a youth in the employ of nr | ¢o warrant their side. » | ceeding did not constitute a proper cxouse before thé Cg ordinance, Me. Flanagan had pees crtented Wubont cause, and upon examination into the ¢ase both he and hi Chien wore disharged. Mr. Flan, n Bl h Fad ghgmet seis thas Be legal excuse had been pre- sented to justily a 4 to Police Headquarters to make a complaint 4 peered eos pi at thes we:iegue die THE KNIGHT SEDUCTION CASE. | had been given to ‘ourt upon w to eget James F. @mith, aged twenty-two years, residing at | motion tor a postponement, but the was really No. 281 Hudson street, was hold in $1,000 to answer for | 41° Siendless ‘hae Guy ae Wey Gad Sree aaa wes acase whercin the pubke tuterest would not seduction, The complainant was Miss Mary Matilda | suitor throneh ai ¥ lenioncy that might be shown, The ; Court for a delay. | Gevober, 1871, and for more than tour | amt, was ber | Droaghs ber a blank check to sign, saying be wanted Same va, William H. Morris, | @ bill, and that when her mother related the =| Sorts comer meave than ove dust After a brier eS Judge Moore, Judge Pratt said the decided trial down for Wednesday, bm) go to set the for Wodn: MRS. FUCHS FREE. Mra. Fuchs, having beem released from custody, yes- terday vievted the house tm which the tragedy oc- curred and took am inventory of her furniture, She desi she rays, to the pictures and sell at auc- tien > eaveee which the ‘con and lungs were de- | stroyed. She will attena the trial, if permitied, forthe purpose of seeing her ebild, A POLICEMAN IN A FIX. Te the Court of Common Pleas, Special Term, before Jedge Van wrunt, yesterday, William Harris, a pa- trolman, avtached to the Sixth precinct, made applica- tie to vb’ discharged from imprisonment, under the Revieed Stataten It appeared that Harris was the proprietor of a liquor saloon and obtained goods from the Orm of A. Halliday & Co, by fraud, and for which they bad bim arrested by the Sherif on civil process, and afterward obtained judgment against bim for $202 and msued execation against bis person, when he gave ball “for the lumits’’ ot the county of New York in ears this mode! SS of paying the d great be - 1 raw ‘nae. cal 4 him over the an m ie calle county lees "ie Ritterband, on behalf of the creditors, ed that he proceedi: ‘be adjourned, And gave notice that be should oppose the application, St took oecasion to refer to the anomaly bere pre- sented of apollceman whe bad been « prisoner, with the full kmowledge of the Commissioners, avd draw! et poy, for several years, The Pole Commissiot Ofe Will be sabpemaed as witnesses for the next hear- ig, Which was fixed by the Court for Tacsday next.- MOTHER AGAINST SON. In Mowark yesterday, before View ChanceMor Van Fleet, the extraordinary suit of Mrs. Maria Mulock against her only som, William G. Mulock, im which the | Matter is alleged to have robbed the former out of valu- able real estate by mesas of fraudulent conveyances, was eomed, The first witness was the old lady ber- sell, who was ly cross examined Her income, he said, was $1,000 per month; William, the defend- son; agent not to give wu any Money, a6 ber relations with him were vot very amicable aud he was leading » bad life; conveyet some property im Kighteenth street, York, te her son; never = said that che Intended to give bim more property than her three were, The withers went on to lestity that transactioes imputed to her by her son ely faine, and that on one occasion y ‘a Nttie bill’ of bers; he Glied in and drew $29,000, owever, end paid po ‘ttle bill’ for ber.” Mrs. Fanwy J. B davghier of Mrs Mulock and sister of ied that she was present when the check above testified to was signed by her mother; that 1t was « blank check and be sad he wanted to pay ie Seenees- expose mm, defence tion to her she begged ber vot to it J , Mr. if of his The prosecution rested end the Whitebead making « feeling speech in bel cheat. The case was then od till Saturday. THE END OF AN APFRAY. Last Tuesday morning Officer MeDermott, feported that Jeremian Seallivan was lying stek and destitute at No. 102 Washington Meet he was removed to the | hospital the same afternoon. On Wednesday morning | Dis son went to the Twenty-seventh precinct station house and informed the poles that bis father's Was caused by his having beew ansauited by a bartender ina liquor store in Liberty street. bexander M he ansatinat, wae arresied later th the day. that he bad rn? Sellivan with the ble bar, Sullivan came me, aud I bit him with a Pistol,” Bolliwan died Believe Hospital last Wed- besday Word had pot been received of death at Coroners Uttice before chosing A WOMAN'S DESPKRATION. Last evening a woman was seen running toward the river at the foot of Filth street, Hoboken, N. J. After pausing & minute at the end of the pier she planged — into the water and was lost to sight. Several meu who had witnemed the occurrence rashed to her reseve, but the tide bad taken her so far away that they could do nothing Ropes being thrown to ber she refused to seize them. Finally a man in a boat rescued her. She struggled Dut was taken into the boat and “bre tashore, At > eae See ap ve her Rate as Kate Fahey, of Washington street, this city, and stated that poverty had driven her to dewperation, She will be sent home w-asy. THROWN FROM A WAGON. John F. Curtis, of Hoboken, N. J., am officer om- ployed by the Society for the Prevention of Cruelty to | Abimals, was thrown from bis wagon yesterday morning while aves through Sixth avenea ie struck on his Acad, and when op was uncon. scious. Being carried to ue 1 was found be had sustained a fracture of the of skull. Last might he was to a dying condition. A MUSICIAN'S SUICIDE. A musician named Antonia Goncalves, an Italian, com mitted suicide at bis residence, No. 30 Canton street, Brooklyn, yesterday morning. Goncalves bas been for a long time employed by the United States govern. ment in the band connected with the steamer Swatara, now lying atthe Brooklyn Navy Yard. He was said to ts be a musician of superior ogg ey very litte was known of o mer ee. » sao Se of ver; yp tema! \drens, hough make Brands bon ing ueet from societ}, When bis reom was ente yesterday morning he was found sus ae oo acamly rhe # [orang been dead sev. ou! Coron: Inquest yesterday | afternoon, when a verdict was rendered to the facts, . BOLD ROBBERY. Atan early hour yesterday morming burglars broke into the residence of John Derains, on the Bergen Wood road, Union Hill, N. J, by forcing « rear door. They ransacked the entire bouse, even the apartments of the family, who were not Rout $500 worth of silverware and wearing apparel was stolen. RAILROAD ACCIDENT. About half-past nine o'clock on Wednesday night John Wend, a prominent resident of Union Mill, N. J., ‘was in the act of jumping from a car of the North Had. ‘son County Railroad Company on the Bull's Porry road, when he stumbled and fell toward the borees of # car ap- proaching in the opposite direction. He was trampled — rT and thrown under the wheels, whieh pasted over Hie tog It t8 feared that the accident will fatally. FIRE IN BROOKLYN. About half past twelve o'clock yesterday a Gre broke out in a two-story frame building, No 481 Montes — street, Brooklyn, entatly by Margaret Sweeney, involving damage to the amoant of $1,000. Insured fo: The nitare js $10); insured for No, 485 Monroe street, owned by 4. damaged to the extent of $160, Fatty No. 479, same street, owned oy Mra damaged to the amount of $1,100, Not ‘The fire originated from a defective fue. EMPLOYING PRINTERS’ MEETING. The employing book and job printers met yesterday at the Astor House to receive the report of the Execs. tive Committee of the Employers’ Orgenisation on the subject of the new rates. Among the firme repre sented were Messrs. John F. Trow, Lange, Little & Co Baker & Godwin, Georgo F. Nesbitt & Co., John Pothe- mus, Wynkoop & Hallenbeck, Heary W. Turner, & Cornet, Dougias by yg © 6 Lange aw Francis & Co, KO, Jenkins Jono Mr. William ©. Martin ceived from noarly all of the prinet ‘inting establishments in the city stat! nd no difficulty ip filling the printers with equally good men Alter the reading of a number of ‘Meeting, Whose object was to trade is such at this time that it is to the journey men to accept the lower rates, A CERTIFICATE OF CHARACTER. Naw Yorn, March 23, 1876 To Tae Epiton or Tae Henato:— Tho late Appraiser, William A. Darling, having been Pélitely requested to resign under circametances not altogetnor flattering, some Hebrew out or hear that gom b has called forth since its the above as called forth gver since bee 3 he i ii bee if; i # I ae’ adjourned, Importers for signatures to a highly Inudatory Rep seems to us exceedingly strange, A 4 business has taken :t upon hjmeelf to ennvas notice, to be used, without doubt, for We res; a signed considering eral dissatisfaction that the momagement of this geontieman, Very he of the maintenance THE EMIGRATION LAW. CUNARD'S AGENTS FIGHTING THE EMIGRATION COMMISSIONERS—CASTLE GARDEN PROSPECTS. Considerable excitement exists among the agents of the various steamship companies bringing immigrants to this port, and among the several Commissioners of Emigration, relative to the recent decision by the United States Supreme Court, at Washington, in the Suit brought by Messrs, Henderson Bros., agents of the,Anchor Line of steamships, against the Mayor of New York and the Comwissioners of Emigra- tion, Neither plaintiffs. nor defendants have yet received the text of the decision of that Court; therefore, no final action can be taken in the premises. Pending the receipt of the document a bold stand has been taken by Mr. Francklyn, agent of the Cunard steamers. On Wednesday morning he was served with the following notice, signed by Geor; en of the Board of Commissione! ion — Forrest Emi The the ship i his or her luggage, | New York other than assenger, OF the ‘ety of t passe edna cls ween Ye noe nine. 6 of New York perm! person Too on board hit shipor vessel before the ave been Junded at Castle Garden, contrary to jaws of the Btate, the same laws in ‘® penalty of $500 for each case, sna) Ifthe Captain or person in ebat Ing emigrant passed city allows any 8 You are, therefore, directed to land all the alien passengers brought by the steamship Juva at the Castle Garden dock, (first cabin passengors on} ted. tion have caused this sum- mary of the laws and their regulations to be printed and furmisbed for information to masters or persons in charge of hay! ‘ant passengers on board destined for the eity of ind hereby give notice shat they will . en- above mon: cute every person violating # the penalty proscribed by law, Mr. Francklyn returned a verbal answer to Mr. Jack- son, secretary of the Board of Commissioners, that ‘he would land the steerage passeagers of the steamship Java at the Cunard dock at Jersey City.” He sent word also to the agent of the barges used to bring im- migrants to Castle Garden, that he need not send the barges to the Java to take off steerage passengers. Consequently the barges will not be sent. The Java is due at her dock about eight o’clock this morning, Canard wharf at Jersey City is enclosed by gat and the agent says thal ample care of its immigrants vot going provided for remains to be seen to-day. Ap informal meeting ef the Board of Commission- ers of Emigration was held yesterday morning, at which the sitvation was discussed, but as the text of the devision had not been received they were doubtful as to the best policy to pursue. It was finally agreed ‘hat another meeting of the Board should be held on Saturday next. Meanwhile the Commissionors think, from what little iniormation they have received, that the Board has no right, at present, to collect or de- id head money. They have decided, therefore, to extend to all agonts and officers of sieamsbips and sailing vessels arriving at this port with emigrants the fuil privileges of Castle Garden, including the re- ception and care of the sick and destitute, the lorward- ps those desiring to procced out of the State by railways, the sale of railway tickets, interchange of money and to continue the correspondence bureau, No change will be made in the .working of the Castle Garden bureau excepting the omissions to collect nead money. ‘The agents of the Anchor Lino, Messrs. Henderson ‘The Commissioners of Emi, ‘est .over the railways will be next steamer due in their line is the Anchoria, Ite passengers will be landed at the Castle Garden wharf. Counsel for plaintills huve not yet received the text of the decision at Washington, and are as yet unable to predict what action willbe taken by the steamship agents, From what was learned yesterday it 18 probable that a meeting of Steamship Conference will be held in New York this morning, when the sub- ject will be broached of a petition or offer to the ines terminating in New York to assume control of Castle Garden as a landing and for- warding for emigrants, to defray all expenses arising trom {ts operation, and to conduct dts busi the same as at present, under the super- | vinen & superintendent of immigration, to be ap- inted State or city authorities, It seems to the Impression among agents of leading lines that the ers can be landed at any of the wharved? or et Vase Garden, and the passengers cared for prop- | ely at « greatly reduced expenditare of mone; The | Comm: mers seem to be willing to hi eho made, @ut ask what will become of 00 sick, at and insane patients now un care at Ward's Island if the text of the decision do- clared ail action of that Commission illegal The cost ry end ie ab | $160,000 per annum, 10 | from that = hospital = they acharge upon the taxpayers of the city and Stat There is no doubt that (rom some cause—probably the jow price of labor and the difficulty of procuring work tion bas been on the decli! following table will sbow the —_——__——_—$—S———_ $$ ———— — yy = rod om thes couatry—iman since tho yoar 1872 ward bound immigrants from English $52, to take effect May 1. BOARD OF ALDERMEN. ‘The regular weekly meeting of the Board of Alder- men was held yesterday, President Lewis in the chair, ‘The mmutes of the previous meeting having been ap- proved, the usual preliminary business was disposed of, Alderman Morris offered a resolation to the effoct ‘that the Department of Pyblic Works be requested to bave the roadway across Washington square, from South Fifth avenue to Fifth avenue, repaired and placed in good condition immediately; also {rom Thompson street to Fifth avenue. The resolution was unani ports to $30 and i Fl i if ig f : ; iii H 5 fit Hi = = * é 6. i z 4 S32 3 Fa ! i 5 5. 4 3 a | 3 e& ag i i Fegard to capital pusichment,” and “Let the law be | @hanged 60 thet the best wterests of jastice and hu. | gamity be served " For these kind expressices you ‘Will have tbe gratnode of all philanthropic bearta 3 ih ye Hy i tenders them a undoretndier of thelr owe At treated at the 17th Brothers, piaintifs in the suit referred to, say that the | wernment from the steamship and railroad agents of | arrivals of immigrants at tbis port during the past ten | 1866, 233, 867, 242,751; 1568, 213,686; 1869, ; 870, 212,170; 1871, eng 1872, 204,681; 1873, | 1874, 140,041; 1875, 84, At a meeting of the steamship agents held last weck | tt was re to Increase the rate of passage for west- Would that you might gos little further and wield — ee, THE MARINE Sank DEFALCATION, 4 PIOUS BOOKKEEPER DISAPPEARS § WITH TWENTY-EIGHT THOUSAND DOLLARS—A FAS IONABLE RESTAURATEUR IMPLICATED WITH um. ~ A bank defalcation was yesterday brough! to light @ which a class leader in a Congregational church is the chief figure. it appears that for whe last fifteen years Mr. Jotham EB. Hedden has been « bookkeeper in the Marine National Bank, No. 78 Wall street, and thet eur. ing that time he has by his exemplary conduct and diligent habits secured the confidence of the directors of the institution, His good conduct secured bom against suspicion, and he acted om the faith ot bw employers to the extent of $28,000, the amount covered by the defalcation. The sums which go te make up this handsome aggregate were taken from time to time during the past year. The story of how the money was taken and the’ ease with which Medden eluded detection or even suspicion points stromgly to the faith bis employers bad in him, and, had heremained at his desk, it is probable that ne would have been able to carry on his operations for an indefinite period Ik is stated that the money was drawn by Heary Bode, » restaurant keeper at No. 122 Water street, and after~ ward divided with Hedden, Mr. Bode had an account at the bank in which Hedden was a teller, and ali bis deposits were “raised” when Mr. Hedden posted hie ledger. For instance, when Mr. Bode made a ae- posit of $150 -Mr. Hedden in posting prefixed the figure “1,” thus making the amount $1,160 On the eee ook of entry, which was compared with the chief bockkeeper’s book, the amount, of course, alwa: corresponded, and thus detection was eluded. He not tamper with the other ledgers in the bank, but altered the amount in making up the dalance-sheet which was submitted to the directors. Am examina- progrose for somes days, feoala the fa) that after these rogress for some recails the fac’ Rralsed” amounts ae been entered on the books, checks to the exact amount of the raising were drawn by Bode ‘and paid by the paying teller, who, ba’ novbing Deke hae figuros provided by Hed: den to guide him, paid the money, in good faith, On Wedn@sday the investigation hi developed enough to warrant tho president of tn bank, Mr. James Fish, in applying for a bench war- rant forthe arrest of Mr. Bode, on the Myre that | there was reasonable suspicion that he would leave the city before civil proceedings could be instituted inst him for the recovery of the money thus fraudulent): taken, The warrant was executed by a deputy sheriff, and Bode was locked up until could find bonds for his appearance at court. ‘THY DISHONEST NOOKEEEPER. Jotham E. Hedden, who by his charitable fellow clerks was called ‘‘Jim,” has not yet been taken by the police, and it 1s feared he is now lar beyond the reach’ of usu During the latter part of February Hedden went to Mr, Fish, the president of the bank, and asked for permission to take hig vacation, which usually occurs in the summer time, explaining that he had frionds in the West whom he was anxious to visit., Business being dull, he was allowed to go for the allotted two weeks, with best wishes of the directors! and their hopes that he mightenjoy himself, He went,. and has not since returned, nor is he likely to. The story that he was going West is proved to be false; but nothmg ofa positive nature has been discovered that would point io his present whereabouts, The bauk officials have a general idea, the basis of which} they rofuse to give, that he has gone South. Lec- tives are looking for him in that direction, | it would appear, was a most accomplisbed hypocrite, for while he was doctoring the books of the bank he’ was expounding the Scriptures to a class of youthful Congrogationalists in Orange, N. § In Congrogational church of manly virtue and had the unlimited confidence of hig: fellow warebingers, Whe trusted him with the conduct) of several local church charities. He was married! and moved in good society, but whether his wife “went West”? with him is not known. WHAT PRESIDENT FISH SAYS. In a conversation had with Mr, James Fish, the president of the bank, yesterday afternoon, that gen- tleman stated that, although. the defalcation was a large one, it fortunately happened that the bank would) not suffer, Bode veg wealthy and Hedden’s bond being sufficient to cover the amount stolen. The re- porter questioned Mr, Fish very closely regarding Hed- den, but he protested his ignorance of any clew which might result in the capture of the fugitive. Ho said, however, that the bank had private detectives at work jn the and they held out hope of the ultimate apprehension of Hedden. PAYMENT OF A DIVIDEND. | Yesterday paymont was made to the depositors of the Manufacturers and Builders’ Bank of the thirty per cent dividend previously announced to be paid be- tween nine A. M. and four P. M. Punctual at the time stated Mr, W. A. Butler, the receiver, was on band. Every preparation had been made for the prompt despatch of business, The amount due to depositors on dividend was already made ont in checks on the bank now occupying the premises of the defunct in. stitution. There was no rush nor any delay. As thi name of each claimant was ;cad out his receipt was taken and the check for amount coming to him’ ‘was at once placed in his hands The receiver “does, not think that more than about $50,000 were, paid out’ yesterday, although the amount in band to pay drvi- dends reaches about 000. This sum has been col-' lected exclusively from those whose notes were in the hands of the benk. Great loss has been avoided: by tho jadicious discrimination with which the vank’ claims have been pushed, no money having been’ wasted on bootless litigation with partics unable to pay, and evory facility having been extended to those who showed themselves anxious to m: their obliga- Uons. One of the largest debtors to the bank is Henry Clews, who, according to the receiver's statement, owes it about $100,000, Mr. Butier says that another dividend will be paid, but is, at P dagen hee to specify the amount er name the date, wise and prompt action of the receiver seems to have given ‘universal satisfaction to the depositors, whose interests’ are being thoroughly attended to with the ieast possi- bie expense, BUSINESS TROUBLES. The adjourned first meeting of the creditors of Messrs. H. A. Philp & Co., paper dealers, No, 107’ Reado street, was held yesterday at the office of Regis-' _ J.T, Williams, No. 4 Warren street, Tho labilites of the bankrupt firm were stated to bo about $170,000, and the claims to tho extent of about $20,000, were proven. Among the latter the largest are as follows :— Franklin E. Jamos, $10,000; Sergeant & Hunt, $6,786 09; M. A. Taylor, $4,369 33; Moses D. Buchan- nan, $3,379 49; Norman Hubbard, $1,642 42; Philip Motz & Son, $1,140 24; C. Bissell, $1,129 68, and John Martagh,of Albany, $1,015 11. Mr. Joseph R. Ser- geant, of No. 68 William street, was unanimously elected assignee. The examination in the matter of James Wilson, a dealer in real estate, bankrupt, is being continued be- fore Hogister Williams. Bloomingdale has assigned to Lyman G. le, and Francis Johnstone, Lemuel H. Sie rsheim and Edward F. Penzest have made an assign- it to Alvin Burt. Messrs, Johnstone, Silersnei m and Penzest compose the firm of F. Johnstone & Co., which do an importing business at No. 312 Bi fo This Grm was cmbarrassed by Jay Cooke & Co,’s fail- Ure in 1878, to such an extent as to cause it to sus- nd, but it ultimately paid 100 cevis on tho doliar, @ amount of Messrs. Johnstone & C resent in- debtedness is thought to be about $50,000, all of which is owed to foreign creditors, The house is one of gsod standing and a popular one, and will probably make a satisfactory arrangement with its creditors. A receiver has been appointed to take chargé of the Dosiness affairs of Messrs. Wettstein, Oehninger & Co,, importers of silks, of No, 460 Broome street. Like that of Johnstone & Co., the creditors of Wettstein, Oebninger & Co. are almost all foreign. Mr. Ochuinger manages a branch of the house in Paris, The failure is sata to be altributable to the depreciation in prices of silks in Chis country, the house having recently lost heavily through the low prices realized at the auction mice of It ig understood that tho tiabili- though nothing definite could bo ascertained yesterday, The firm is ee & State. ment bang me it is thought, will soon be ready tor in- e creditors, i fttyy of the creditors of John Carey wag eat at the office of Register John! Fiten, No 315 Broadway. William T. Koapp was the. only creditor who proved his debt, and he clected bimself assignee. The clection of an assignee of the estate of Grorge T. Porter, insurance agent, which was to have been! of the bankrupt’s creditors yes- u , wae SS Whore eran’ No, 3-Broad street, has issued a Rotiee to creditors of the Household lublishing No, 41 Park row, of his appointment ag of copes ip nine The Habilities of the company amount to about $15,000 and their actual ascets to about $5, This does not include and advertising contracts fagazine and Wood Which are estimated to be worth ip ofthe late People’s Sav: avenue and Twenty-third Meeting of the creditors, on Thursday, March 30. A ‘will then be aanounced, payable on and after i el ie Pomp Manufactui Com- entro street, which made poy heen William T. Francis, hag sub- reditore for a compromise. r cent cash and the a ‘xamine the affairs of the com- Pepirt St 8 mecting to be held in the eourse ‘be company received an extension from tore & year ago, and now itis unable to meet, he nate of La me sp ay et ot heed ng —irapeg oe aorn 13 one ak, fe property cabteses ece! jar the bank building at the corner Third ceemes and —_—_—- (CONTINUED ON NINTH PAGR] I ii