The New York Herald Newspaper, April 5, 1876, Page 8

5 ——o HE COURTS. Suits for Damages for Per- sonal Injuries. Getting a Verdict One Thing and Getting the Money Another. TAXATION OF SAVINGS BANKS. & Wide Awake Litigation Between Rival | r Sleeping Car Companies. The St. Andrew’s Church Calamity in the Courts. &é + Some days the Courts are overwhelmed with suits against the city, and then, again, the rush is on rail- road tigations, or suits on contract, or embodying some other special feature. The State Courts yesterday | were mainly occupied in what may be designated as | accident cases. Foremost in importance, at least in | the amount sought to be recovered, was a suit brought | | | by Letitia A. Clark against Dillon, Clyde & Co., con- tractors, for excavating a portion of the Fourth avenue track, otherwise Known as the Fourth avenue improvement, She has brought suit against the con- fractors named for $50,000 damages for injuries Blaimed to have been sustained through falling over | Aheembankment at the corner of Fourth avenue and Bixty-third street, on June 20, 1873. Her story is that on the evening of the day mentioned she attempted to | cross Fourth avenue a Sixty-third street, and there | Deing no protection or guard to the excavation, or | ights or other signals indicating any danger in cross- | | jag, that she fell Into the excavation, sustaining severe and permanent injuries, she being enceinte at the time. The case camo to trial’ yesterday before Judge Van Bowe in the Court of Common Pleas, Mr, William F. appearing for the plaintiff and Mr. Alexander hain for the defendants It is set for the defence that there was a high embankment of dirt on tho edgo of the excavation, giving warning aga’nst too near ap- roach to the edge; that there was asufticient light | rom tho street lainps to stow the excavation, and, | lurther, that there was a watchman stationed at the | place, who warned the defendant of the danger of Brossing the street, to which she paid no attention, | The trial is likely to occupy two or tree days. | Next in the order of suiis fur damages wi brougut by Charles W. Havemeyer, son of the lajo Mayor Havemeyer, against Valentine & Butler, th safe manulacturers, ‘He bas brought bis suit in the | Buperior Court and the case came to trial yesterday be. fore Chief Justice Monell, According to lng statement, | on the evening of January 26, 1874, the defendants, | who were elevating @ safe into one of ‘the rooms in the | Masonic Temple, at the corner of Twenty-third street and Sixth avenue, had a rope attached to the hoisting ‘aratus extending over the pavement, afew fect pove it. Walking through the strect at a harried pace, and, not seeing the rope, he ran against it, the rope coming in contact with his head, across the eyes, and Vhe force of the concussion throwing him backward, causing him to strike his head on the pavement, which Juperinduced brain fever and other injuries, which be alieges to be permanent. He has brought suit tor $25,000 damages, ‘The defence charge! the accident to his own careiessnesa The plaintiff is represented by Luther R. Marsh and James R. Adams, and the defendant by Mr. William A. Galiohar. This trial will also probably occupy a day or two before it is concluded. A third accident suit which has been on trial for tho last two days before Judge Sedgwick, of the Superior Court, was concluded yesterday. "This was a suit | brought by Lesley K. Weston against the Elevated Railroad Company. plaintiff on the 3d day of February, 1873, took defendant's cars at the Batiery Blation at about five o'clock P, M. ‘The plattorm wus | e covered with snow, and, by being trodden, became sippery. The plaintif upon going to the cars on the platform, and being pushed with the crowd, slipped and dislocated his right knee, and was laid up'and dis- abied for nearly two years, during which ume he was under the constant care of ‘his physician. He brought suit tor $25,000 damages. The jury found a veraict for $9,000 for the plaimuft, Messrs. Koyal 8, Crane and 1, J. Williams appeared for the plaintiff, and Messrs. Tracy, Olinstead & Tracy for defendant, The trial of the sult bronght by Patrick Kenny, ag administrator of hrs brother, Charles Kenny, against the Long Island Railroad jor $5,000 damages on count of the killing of tho latter, the facts of which have been pablished inthe Henao, was continued yes- terday before Judge Larremore, bolding Supreme Court, Circuit, The trial will probably be finished to- dxy. THE TROUBLES OF AN HEIRESS. ‘The story of Mrs, Virginia C. Burke, daughter of the fate Captain John Alexander, around whose death there was claimed to be some mystery und about whose fortune there is still litigation, is already quite familiar to the readers of tho Heraip, Daring the month of afer a six years’ struggle, Mrs. Burke ob- tained a verdict against the Gardpers, in whose honge | her uncle died, for $61,000 and over, that being the amount of bonds which, it was claimed, Captain Alex- ander had on his person at bis death, and of which it was asserted the Gardner family had got possession, After the suit against the Gardners had been com- menced vonds to the value of over $8,000 and cash amounting to about $5,000 was deposited in the Union Trust Company by mutual consent of parties, and as to this sum of money and bonds the jury found as part of their verdict that they belonged to Captain Alex. ander in his life time. On the 3d of March last A. H. Dawson, who bad been counsel for Mrs. Burke on the trial, went to the Union Trust Company, and, cousent of Mr. Wheeler H. Peckham, the tor the company, drew thercirom all the cash and bonds, of which he dolivered to Mrs. Burke bonds of the nominal value of $5,000 (but which she claims to be worth vut $3,600) and retained the balance, amount- ing to $1 16, as a part of his counsel fee. hirs. Burke, who was willing to allow him $1,000 out of the ®mouul, took proceedings to compel him to pay over the balance, and enjo:ned him fron: parting therewith until the termination. In the testimony taken yester- before Mr. Nelson Smith, as referee, Mra’ Burke Siated that Dawson had ngreed to take the case for nothing, and had solicited it on those terms, saying ne wanted to make reputation out of it; that most of the work had been done by other attorneys before he came Juto the ease, and his real work in relation thereto was little more than trying it during a period of eleven days; that she did not consider the money and bonds in the trust company as practically in issue tn the suit, and had givon instractions to the company to deliver | them to no one but her; that she never authorized Dawson todraw them, and she thinks it bard now, after six years’ Aight against other parties to get this money, she must begin another fight to get it out of the hands of her lawyer; but although she did not consider this um in issue in the suit tried by Dawson, sie was ing to give him $1,000 out of it. | Dawson, 1 hia own behalf, as to his services, testi- that he went into Jersey liye or six U corre: gponded with Judges of the Courts here, including Van Brant, Loew ana Robinson, as to gr then the trial, which ovenpicd three weeks, + questrons of law argued, &e.; on the aber, ISTL, he became plaintiff s Attorney connsel; was introduced to Sirs. Burke by Mr. Elder, | who sad Mrs. Barke wished bim as counsel to try her cause; ok her case, agreeing to charge no fee if jot successful im the papers on six different attorneys; bo took Missions to take the testimony of ‘six oF seven p this oconpied s1X oF seven days, but he found the testiniony unitnpertant; his client expressed a desire to have the defendants arrested, and jor this purpose be prepared nineteen affidavits; be has no doubt Captain Alexander was poisoned, and died with $60,000 worth of bonds on hie person; a motion was ial; he found he bad to serve t made and granted to advance the cause on the calendar im 1872; ho wrote a letter of poset, to tedae Van Brunt, in order to im to grant an order of arrest, but | refused; ho then apphed for the same purpose wo Judge Loew, submitting as tho basis of order his nineteen affidavits, Wut the papers we returned to him with the information that he (Judge | Loew) was not siting in Chambers; a similar applica. Hon, made wo Judge Robinson, was retased; on she inal he had to resist a motion to dismiss on the part of fome of the deiendants; there were about thirty wit. | esses examined, some of them occupying the stand about five hours, At this point ex-Attorney General Chatfield said he | made no question on the part ofuis client, Mra. Barke, | ts to the manner in wh:ch the ease was tried. Mr. Dawson (continuing) sard:—On verdict a | Judgment was entered for over $61,000 ct plaintit; he drew irom the Union srast Compan y 280 70; m addition to this Wheelor H, Peckbam got $400 of the money in (be company's hands; he also got bonds of different kinds amounting to $5,000, ot which be delivered to plaintil ive bonds of the denoin- ination of $1,000 cach; the plain is mistaken in having said he urged her to let Inin take her case. In answer to a question by the referee as to whether ho (Dawson) had made up a statement as to the amount of @ claim, he said no, but it he goes out of 1@ case Bow he Fegards $15,000 as a reasonable charge for his services ap to this time; be told piaintt that it mained in the case he wouid leave to any Tespectabie lawyer whom she might name what should be (he amount of bis fees, but if he went out of the case | his (ec would he mereased. On cross-examination Mr. Dawson stated that he did Bot believe he solicited Mr Rogers, the former atior. ney of Mrs. Burke, to let him have tho cage, saying he (Dawson) tender to de tt for nothing; Mrs. Burke paid ali the witness’ fees; aid wot tell Mr. Mapson that he was domg Mrs. Hurke's business free of charge; he believes about $10,000 of Virginia bonds will be re- ; there is about $1,000 of the money in bauk thinks, being the ator. “xht to draw the motey | this tax it 0 | in full to the amount clatmea, $30,000, rem | of his property. | the money having b | of tho wall of Shaw's building through the roof of the | cision being reserved, from the Trust Company; he received the order from Mr. Peckham, to the company of which he was attor- hey, to deliver the money and bonds; the balance of the money and proceeds of the bonds he has spepi. and on that ob hand Mre, Burke has placed an injunction. ‘The further hearing was adjourned to Thursday next. | THE GERMAN SAVINGS BANK TAXES. The government has instituted an action against the German Savings Bank of this city to recover taxes amounting to $30,000, claimed to be due by that insti- tution, The period covered by the alleged evasion of | the tax now claimed is from January 1, 1866, till De- cember 31, 1870, This time the bank held im their pos- session certain uudistributed sums, and certain sums made or added during the several years to the surplus r contingent funds of the said savings bank to the | amount of over $300,000 apportioned for each year, and | on the sum for each year the defendants became sub- Ject to and Hable to pay a tax of five per cent, making | the aggregate tax of $15,000, For the non-payment of | alleged that the defendants became liable | a penalty of tive per cent, together with interest | ereon at the rate of one per cent per month, and, fur- | r, that the defendants bad failed to render the A8s- | sessor or Assistant Assessor ot Internal Revenue a list | ceptance of the terms of the Providence Toot Com- of return containing a true and faithful account of the | amount undistributed or other sums 80 had, but had | wholly negiected to do so, and that the defendants © thereby became liable to a penalty of fifty per cent to | the said amount of tax so due and unpaid, aggregating | defence sets up the unconstitationality of the now repealed Income tax on which the claim of the | government is partly founded, on the ground of its | bon-uniformity, The question thus involved 18 a very | important one as to the constitutional restrictions on | the powers of Congress to levy taxes, The defence | maintains that the clause of the constitution requiring | that all Duties, imposts and excesses shall be uni- form,” nullities ‘tne Income tax, that having been held | to be an excise becaugo the Income tax violates the law | oC uniformity in many respects—in making exemptions | in the case of persons doing business as a corporation | and persons carrying on the same business as a corpora- tion, and also as between ordinary citizens and persons | dweiling in communities like the Shakers and the Oneida Community, and between persons living as one nily and the same living as separate families. This point cannot have much effect now since the Income tax bas been repealed, cxceptso far as the present caso against the German Savings Bank is concerned, and the | relet it would atford against the claims of the govern: | ment and otber similar cases still pending in the | courts, The case was on for argument yesterday | belore Judge Shipman im the United States Cireuit Court, Mr. Lewis Sanders appearing for the bank and | Mr, Sherman tor tho United States, RIVAL SLEEPING CAR SUITS, A bill of complaint for injunction and relief has been Gied in the United States Circuit Court of this district | by George M. Pullman, of the Pullman Palace Car Com- | pany, against Webster Wagner, of the Wagner Palace Car Company. The bill sets forth at great length ail | the usual grounds of complaint m such cases—that | complainant first originaied and started the cars in | question, extending tne business and expending large | sums of money on the work; that certain patent rights in the construction of said cars had been secured by | them at great cost and outlay, and were now owned by | said Pullman; that tne company had agreements with many of tue more important lines of railroads through- out the United States and the Dominion of Canada for their cars upon the sevorul lines, With the New York Central road the company never bad any | such agreement; but, and herein lies the cause of | complaint, that they gave to the defendant Wagner, | President of the New York Central Sleeping Car Com- pany, who had the exclusive right of furnishing sleep- ing cars on the road, oral permission to use the inventions there owned and controlled by them as they allege, in the construction of four cars to be run on | said road, Wagner agrecing that four cars of the Pull- | man Company should also run on the road, to const! | tuto a line from Chicago to New York. Other agreo- meuts to run on equal shares were entered into bee tween the complainants and defendants; that subse- quent to these agreements the defendants introduced their sleeping cars on otner lines of roads constructed on the patent principles of the complainants’ cars without agreement or avy permission so to do, to the great detriment, loss and injury of the complainants, And therefore the injunction 1s asked for to restrain the detendant and his agents or otbers under him per- petually from directly or indirectly using or construct- ing sleeping ears containing or embodying any of the | patcuts claimed by the complainant, ‘The case prom- ises to be ono of long litigation and of consequent profit to the members of the legal profession engaged jn it, é A CERTIFIED CHECK'S MISHAP. In September, 1874, a noted swindler, son of a pro- fessor of a Massachusetts college, under the pscu- dovym of F. W. Frothingham, called at the establish. ment of Stemway & Sons, piano makers, and pur- chased a second hand piano for $400, Mr. Steinway’s salesman reported that the party had been there be- fore bargaining for the article, and recommended that the sale should be made, Frothingham represented that he was a member of a New London firm, and in payment of the piano presentca a draft for $825, pur- | porting to be drawn to his credit by a bank of New onthe Marine Nationai Bauk of this am gave in his own handwriting the shipping directions tor the piano, presented the $825 | draft and received trom Mr. Steinway a check for the | Dalance between the price of the piano and the amount of the draft—g400, Hardly halt an hour elapsed after the transaction when alr, Steinway dis- covered he had veen grossly defrauded; that the New London dralt had been raised jrom $10 to $825, the original sum having been obliterated by chemicals, Thereupon Mr. Steinway hastened to the Bank of the Metropolis, on which his check was drawn, to stop pay- ment.” He w jate, however, to prevent the whole payment had been retuse’ tor want of identification, the cashier certified the check. With this certification Frothingham hastened to Pater- son, and, through the aid of a persou there who tdenti- fied’ him, under his aias of Frothinghym, drew the amount of Steiuway’s check. Subsequently the whole fraud was discovered, and Frothingham was convicted at the General Sessions, under bis real name of F. W. Sterns, for forgery, and sentenced to six years in’ the json. Tho’ present action is brought by the Jorsey Bank against the Bank of the Metrop<lis for their loss in paying the check upon the certification of sad bank. Tho defence put im is that the check | hi there was wo title on it; the | | yee Leing a fictitious personage, the certificate of the Bank of the Metropolis did not hold them liable for its payment, and the plaintitls, having . paid the check without sufficient care, could not recover, Judge Sheridan, in Marine Court, Part 2, heard a long argu- ment on the points presented, reserving his decision. TIM. FLYNN'S BAD LUCK. Recently a judgment was obtained by Charles N. Miller against W. I. Gill, and no property being acces. sible for the satisfaction of the Judgmont, the execu- tion having been returned unsatistied, an order was issued jor the examination of Gill as to his property hhable to exccution, This order contained the usual Clause probiditing the judgment debtor from disposing | Yesterday, in Marine Court, Cham- vers, Gill was examined, and testified that a part of his income was tho result of Tun. Flynn's bad luck at billiards; that on the ninth of Jast month he played a match with Tim, at the Jatter’s place im Park row and | wou $250, Just seven days later the “bould” Tim., | nothing daunted, played another match with the | defendant, and the latter won, carrying of the stakes, amounting to $500, ‘all this monoy, | Hil forther testified, he immediately handed to his ther, WhO 1s guest at the Backimgham Hotel. Upon this state ¢ counsel for plainuf! applied. to Judge McAdam for an order to pamish Gill for contempt of court, in having parted with this. money it violation of the injunction clans th er for his examioy ‘The jntge denied the application, holding that n received by Gill subsequent to the original order for bis examination the service of could not be reached in the present proceeding. Some court, who sympathized with the | persons present in creditor in bis deteat, suggested that he ought to in- ve his debtor to test Tim Flyna’s luck once more, racontract, If successful, to Lurn over the stakes in satisfaction of the judgment, ST. ANDREW'S CHURCH CASUALTY. Last spring Mrs, Honorah Corrigan brought suit against the city and James M. Shaw for $5,000 dam- ages for tho loss of her son, who died from injuries re- ceived at St. Andrew's church, caused by the falling church. The suit against Mr. Shaw was ordered to be tried in January last, but a few days beforo the trial Mr. Shaw settled the suit with Mrs, Corrigan for $600, without consulting her attorney. Motion was made | yesterday in Supreme Court, Chambers, betore Judge | Barrett, by J. R. Dos Passos, counsel for Shaw, to | have the action discontinaed, on the ground that it was settled, It was opposed by William #. McNamara, attorney of Mrs. Corrigan, on the ground that the set: | tlement was collusive and Was made to defraud him as | attorney, and also to defraud three other children of | Mrs. Corrigan, who were entitled to a share in the set- tlement. Mrs, Corrigan had, since the settlemen: Deen removed by the Surrogate as administratrix and | persou appointed in ber Stead. Motion was | , also, lo have the second administrator, who was | the guardian of the other three children, substituted | asthe plantit tn the action agamst Shaw, Counsel | claimed that the settlement could not stand as against the tures minor ebtidren, because 1t was Rot made by | on of the Surrogate, and that the proper rew- defendant Shaw’ was for leave to serve « setting up the settlement as defence. alter an examination of facts and the Jawa that Mr. Shaw was responsible tor that a jury woull undoubtedly render | ™. The Court took the papers, de- THE TURKISH ARMS CONTRACT. Some time since the Turkish government entered into a contract for the manufacture of arms with the Providence Tool Company, the amount of which was 80 enormous that, on the strength of it, the Tool Com- pany assumed obligations in England and elsewhere to tho extent of £400,000 Tho conditions of this con. tract bound the Turkish government to furnish to tho Tool Company monthiy a ceriain amount -eltlior in | Supreme Court, Chambers, to obtain his discharge, on | the ground that the man was run over accidentally, or | | point. | dee NEW YORK HERALD, WEDNESDAY, APRIL 5, 1876—IRIPLE SHEET cash or credit. Recently the Turkish government tailed to Lowe 3 up to its ebgagements, causing #s5us- jon of the affairs of the Tool Company and result- ing in & proposition from it to pay in {ull in three half- early payments. Among the creditors of the. Tool vw iaeg were the Martini Henry Rifle Company and Wesley Richards, of England, to the extent of about $200,000, both of which have’ been congolidated into a company called the National Arms (Limited). Pro- ceedings which were taken by Messrs. Sullivan, Kobbe & Fowler, counsel for the foreign creditors ‘for the liquidation of this claim, have now resulted in an ac- pany. ‘The Turkish government has aiso resumed the _ jormance of ti conditions of its contract, aud thé ‘vol Company goes on with its business. SUMMARY OF LAW CASES. The receiver of the International Insurance Com- pany, Jarvis Slade, reports that he has realized trom the defunct company’s assets $782,322 88, and has expended $757,396 53; leaving on band Decem- ber 31, 1875, $24,020 35, On a report of James C. Spencer, referee, Judge Donohue granted an order, filed yesterday with the County ClerA, confirming the receiver's report and reducing the vonds of the re- cerver to $24,000. ‘The quarterly report of John Blaine, recetver of the Commercial Warehouse Company, terday in the County Clerk's office, shows that on the Ist inst, he bad on band $122,894 73, that he received between January 1 and April 1 $514,135 worth of goods, and de- livered goods worth $556,416 25. He also reports that he has by order of the court delivered to the owners $90,270 of stocks and bonds held on deposit by the company at the time of his assumptiow of office. Atter a second and prolonged tedious trial the te-ti- mony in the case of John O'Gorman against Henry Kamak was concluded yesterday, before Judge Robin- eon, of the Court of Common Pleas, The case will bo summed up to-day. The Suburban Gas bid ed sued the city to recover $8,000 for gas claimed to have been furnished the city. The complaint was yesterday dismissed by Judge Don- ohue, before whoin the case came up for trial, in Supreme Court, Circuit, on the ground that the action | should be brought against Westehestér county and not the city. A commission to Samuel 1. Glasgow, United States Consul in Glasgow, Scotland, was yesterday granted by Judge Barrett, in Supreme Court, Chambers, to exam- ine witnesses for the defence in the suit of tho National Bank of Scotiand ys. Francis B, Nicol et al. and William Naismita vs. the same. Judge Lawrence yesterday dismissed the complaint in the suit brought ‘by \Tilliam Barclay vg, the city, to recover eighteen months’ salary as an attendant at Jefterson Market Police Court. The defence wus that the work had not been dono. Judge Barrett yesterday adjourned the trial of the suit of De Witt C: Taylor vs. Jay Gould and others, on account of the illness of Mr, Shearman, counsel for Mr. Gould. The tral will be resumed to-morrow morn- Dg. Judge Barrett yesterday continued the injunction ob- tained in the sutt of William 3. Willams ys, the United | States and Brazit Mail Steamship Company and others, | restraining the latter trom mortgaging any of their | property to pay any alleged, indebtedness on a prowis- sory note of the company to Cornelius K. Garrison. John Chureh, a truck driver, ran over a man in Broadway on saturday lastand killed him. He was ar- rested and yesterday appeared before Judge Barrett, in to be admitted to bail. Judge Barrett admitted him to Witham Wardrop brought guit against H. B, Claflin | & Co, for $13,000 damages for failure to carry out « | contract for selling “Marine Sectional Life Preserver Mattresses,” On the trial yesterday, before Judgo Donohue, the case was dismissed on @ Telease beg showi given by the patentees to the defendants reliev- ing them from the contract. Judge Flanagan, of the Tenth district, has brought suit against tho city to test the power of the Comptrol- ler to compel each justice to make affidavit as city offl- cers before being entitled to pay, The plaintiff’ claims he 18 a State ollicer, and therefore not bound to muke | the alfidavit demanded, His suit will be tried in the Marine Court to-morrow, before Judge Sheridan, Mr. Thomas Allison appearing as his coupse', when’ this Jong mooted questiun about affidavits will be settled. In Supreme Court, Chambers, yesterday, Judge Bur- rett granted the motion to amend the answer in the suit of Ann Kellum, executrix of John Kellum, archi- tect of tho New Court House, against the city to re- cover $190,000, The city can now plead in dejence the unskilful and negligent manner tn which the work 18 | alleged to have been done, ‘The city, however, is re- quired to pay all costs to date and $10 costs of motion. Judge Curtis yesterday denied « motion for an in- | Junction asked by J, Weyman Jones st George 1. Kent, administrator of the estate of ookwell, and the St. Joseph Lead Company, restraining the former from selling and the latter from paying 1m money on account of 400 sharos of the lead company’s stock. Motion was denied, on the ground that there was an absglute and unconditional transfer of the stock to Kent and that the title passed to him.without any re- striction. DECISIONS, SUPREME COURT—CHAMBERS, By Judge Barrett. Powers vs. Otard.—Motion tor injunction and re- ceiver denied and temporary injunction dissolved, with $10 costs. Valentine va. Lockhart; Ferris vs. Lalor; Sullivan | vs. Raphael; Martin vs. Martin et al.; Metropolitan Savings Bank va, Marquis; Macy ys. Mayor; Gollett vs. Farley; McGuire vs. Fitzgerald; Schuster vs, Crai- gio; Slone vs. Phillips —Motions granted. ‘arle va. Farley et al.—Judgment granted and the Teterce who was appointed to compute ppointed to seil. “Marrison va, Stevens; Hubbard vs. The French Man- ufacturing Company; Earle vs. Earle—Motions de- nied. Woods vs. Birdsall. —Motion granted for second Fri- day. Puray vs. The Arcadian Clib,—Granted for first Fri- aay. Hartem Gaslight Company va The Second Avenue Ratiroad Company.—Motions granted for first Friday. Williams vs. United States and Brazil Mail Steamship Injunction coutinued with leave to move to dissolve upon cightedays’ notice. Meurny vs. Warren.—Upon the aMdavits filed and also upon this stipulation the motion for a relerence must be denied without costs, Osvorn ys. The West Wisconsin Railroad Company.— Company. Motion gratted for third Friday, Havens vs. Piatt. —Extra allowance of five per cent upon the amount claimed in the platutif”s complaint awarded to the defendant Piatt. Fitch vs, Vandeveer,—Motion granted for tho first Fritay of June, which will enable detendant to issue a | commission to'take plaintiff's testimony if he desires to do so. Marshall va. Macgregor.—Motion granted, with $10 and cause referred. Kellum vs, The Mayor, &c,—Motion granted on pay- ment within five days of the costs which have aecrued since the filing of the original answer and $10 costs of this motion. The Quebec Bank vs. Farrell and another.—Motion granted ior first Friday of May. . McKnight vs. Deviin,—Commission granted, with ‘stay of forty-five days, Johnson vs, Manning.—Motion granted and cause referred. Carson vs. Conover.—There 1s no proof of service of the notice of motion upon the Sheriff Upon that be- ing supplied an attachinent mast issue, Gill vs, Petersohm.—Although there was no opposi- tion to this motion I am satisiied, from an inspection of the pleadings, that 1 cannot be tried in one hour and consequently the motion must be denied, Secor and anvther vs Austin,—Motion granted for |! second Friday, t Creuzvaur vs. Remsen et al.—Motion granted for |) third Friday, { Harlem Bank vs. Brown; Patton vs. Gano; East |} River National Bank va. Paliner,—Motions granted for | third Friday, 1 Post vs. Winckel.—Motion granted and John P. ;/ Jackson appointed Commissioner. | | baggage was safe,” demanded payment for its transpor- | | time when she returned. Daly was subsequently ar- return of the commission. If I am in error in this understanding I shall be obliged to counsel for correct- ing me at once. Zecher vs, Kiernan.—In this case I shall have to in- sist that counsel prepare written briefs or points stat- ing precisely what the diflerence is between them. | From the oral argument | pahere that it was con- tended that the proceedings had fallen through by rea- #00 ofa failure to regularly adjourn the same; > | sel will oblige me by handing in, within two days, a | brief statement of the point involved and of their re- spective positions in regard to the same, The testi- mony 18 in many respects iUegibie and I desire that rof- | erence be made to such points thercof as the respective counsel rely upon to sustain their views, By Judge Donohue, Matter of Slade; Rothschild ve, Walters et al.— Granted. The Corn Exchange Bank va Stevens.—Ordor granted denying motion. Isaacs vs. Seligman. —Si Connolly vs, Connolly, — Referee appointed, Matter of Loweree.—Order granted. SUPREME COURT—SPECIAL TEBM. By Judge Van Vorat. Brown vs. Lyddy.—Case snd amendments settled, = Judge Larremore. Haberman vs, Witiers ct al.—findings settled, SUPERIOR COURT—SPECIAL TERM, By Judge Curtis, Jones vs. Kent, &c:—Motion for injunction dented. Costs of motion to defendant, to abide event of suit, ’ By Judge Speir, Wheeler, &., va Bates et al.—Judgment for defend- onde on al. —Undertaki proved. utleF va, Fingue et al.—Undertaking a Matter of Vercelli, an insolvent aad finprisoned | debtor, —-Order discharging insolvent debtor from im- prisonment, Rehastey vs, Herter et Giles va. Harms Jr, Westerman vs. Freeland, Same vs. Remington, vs. Same, Samo va Same, samo vs. Stilwell, Jr, Brewster vs, Balch. —Orders granted, Pas etal. vs, Hoey,—Order that commission issue, , The Dry Dock Savings Institution vs. Williams et al. ; Same vs, Same.—Referce’s report confirmed and judgment of foreclosure and sale ordered. COMMON PLEAS—SPECIAL TERM, By Judge ©. P. Daly. Mears va Davidson.—Motion to discontinue, with- out costs, granted, By Judge J. F. Daly. Cashman vs. Martin.—Security in each case fixed at | 5, | COMMON PLEAS—EQUITY TERM. By Judge Van Brunt, Brueckel vs, Brucckel. Findings settled, MARINE COURT—CHAMBERS, By Judge McAdam, Bilis va, Florx.—Opinion. Kastman vs. Fuller.—Motion granted on payment of $10 costs within tive days, Geissman va. Kapif—Motion granted, unless within ten days the plaintiff pays $10 costs and puts cause o1 calendar. Cohen vs, Conner.—Defanit openet on payment of $20 costs within live days and case to be trie in Part | 1, April 13, 1876. Bruley vs. Weiscnback,—Motion granted, (See 51 N. Y., 602, and 3d Duer, 614.) Miller vs. Gill. —The order in supplementary proceed. ings affects only moneys actually due at the time the order is obtained, (See 16 Howard, p. 649, 1 Weekly Digest, 260.) Snyder vs, Partlin; Mamce vs. Lumley; Marshal va. Gayuor; McPherson. vs. Gaynor; Craig vs. Craig; Lerine vs, Hirsch; Ackerman vs. ‘McDevitt, —Motions to adyance causes’ granted. Juckson vs, Peck—Jadyment ordered for plaintiff. Donohue vs Meixel.—Receiver appointed, Poppery vs. Bumarei,—Motion granted, COURT OF GENERAL SESSIONS. Before Recorder Hackets, THE OLD, OLD GAME, Jobn De Bigot, a young French Canadian, strange to tho city, was walking through West street on his way to the steamboat (or Boston, on the 2ist of last month, when he was accosted by a strange man who entered into conversation with him. While they were talking athird man came up, slapped the strange man afore- aid on the shoulder, and tnforming him that ‘his tation, ‘Tho stranger thrust bis hand into his pocket | and found he had no money except a number of $20 gold pieces, one of which. he asked the young Caa- adian to oblige him by changing. Bigot, hastening to | comply with the request, drew from his pocket all the | money he had, amounting to $70 in greeubacks. ‘Tho | man who had first accosted him snatched the mouey | from his hand, and the two men ran off, While they | were dividing the booty Officer Dennis J. Fogart ap- peared upon the scene and arrested the pretended porter, who gave his name as Jobn More, and who at- tempted to throw away his share of the spoil, $35. Upon his person were found about a dozen brass pieces in imitation of gold eagles. The prisoner was tried betore Recorder Hackett yesterday, and the jury found him guilty without leaving their seats. The Court sentenced him to confinement in.the State Prison for tive years. STEALING A BOGUE'S DIRECTORY. John M. Daly called at the house of Mrs, Joseph Waters, No. 411 West Forty-third street, on the night of March 11 and told the servant that her mistress had sent him for three account books, which he described. The articles wore delivered to him and he departed. | Mra. Waters learned of the transaction for the first rested on a charge of obtaining goods by [alse pre- tences, While lying in the Tombs he sent a note to the District Attorney stating that as Mrs, Waters had declined to tell the nature of the books he obtained ho would do so himself. He declared that tw years ago Mrs. Waters and himself formed part ofa gang engaged wdust business and the ks in question con- list of all the merchants and others through. out the country who had writton to them for ‘queer. prisoner was arraigned yesterday, and, pleading guilty to obtaining goods by talse pretences, was sent to the Penitentiary jor sixty days. A FALSE FRIEND, Louis De La Sante, of No. 25 Park street, was con- victed of stealing $100 worth of property from the room of his friend, Josepn Olivier, of No. 88 Laight street, on the night of February 7. He was sent to State Prison tor three and one-half years, STORE HOUSE ROBBER SENTENCED, John Regan, who, with Charles Maguire, stole $161 worth of property from the store house of Henry 1, Freeman, No. 108 Washington street, on tho night of March 18, pleaded guilty, and was sent to State Prison for eighteen months. FIVE YEARS FOR ROBBING A HAT RACK. Charles Williams, of No. 327 West Forticth street, entered the house of Dr. Joseph H. Howe, No. 42 West Twenty-fourth street, by means of a false key on the night of March 14, and stole $150 worth of coats and hats from the hall'rack. He pleaded guilty yesterday, and was sentenced to five years in State Prison, i HE LOST AN EYE. Frederick Kenken, a diminutive twelve year oid urchin, climbed on the witness stand yesterday in the Special Sossions, and in tearful accents related how Michael Owens, a bigger boy, had knocked him down and Int him with a stone, “Did he hit you with a stone ?”’ asked the “Yes, sir,” sobbingly replied Frederick; “he bit me on the iorehend, and knocked my eye out, “Knocked your eye out,” cried Justico Wandell, in horrified accents, ‘Tet me see it.’? ettigrew, &e., vs. Voorbis, Jr.—Motion granted for first Friday. Cambridge Valley National Bank vs, Matthew,—Mo- tion granted for second Frida Taddiken ys. Cantrell. —Bond approved, Biock vs. Maltby.—Commussion granted, United States Rolling Swek Company vs. The Frie and Pacific Despateh Company.—Motion denied, with $10 costs, but with leave to renew (on payment of such costs) on’ further papers showing that the examination of a Jong account will necessarily be involved in the trial of this action and detuthag such account. Sehlop vs. Neal,—The compiaint would scom to ine dicate that the cause had been commenced in the Marine Court, It does not appear how it wus removed court. But upon the whole case made out by the pleadings and aMdavits, and assuming the case to to bo regularly on this court, I think this motion | shouid be denied. | Gallard vs Rosenfield et al.—The case mado out Is | } one solely for equitable relief. The plaintiff would be non-suiied at the trial of this action at law (against bis copartner and two others) upon the facts ayerred. But even these jacts are not proved by evidence which would entitle the plainttf to rest upon the trial, The Court does not grant orders of arrest apon a verified complaint nor upon affidavits which, in their nature, are mero averments, ‘The affidavits ‘should be essen- tidily testimony, aud this is entirely wantin; Fospect of ihe case can this order of arrest be | Motion granted, with $10 costs, By Judge Lawrence, Matter of Earle, &c,—The brief of the petitioner's counsel has been submitted, but the supplementary proots on the part of the Corporation have not been handed 1, Freund vs. The Importers and Traders’ National Bank. —The appellant bas not complied with rate 48 in Tospect to mailing the proposed amendments, as al- lowed of disallowed, nor lias he referred me to the par- ticulars of the stenographer's minutes, which he re- lies on As sustaining lis right to the amendments asked fur. The delects must be sapplicd, Hynes vy" Calver.—Coonsel resistitg this applica tion rere: \> their points to a decision of Chiet dustion Daly, oi tec Cort of Common Pleas, as directly in They do not, however. turnish'a copy of the | Jon or opinion. The case of Jackson vs. Stiles | (1 Cowen, page 134) would seem to sustain the peti- Lioner’s right to apply on the affidavit of an attorney | in fact or ayenta, Lt Judge Daly has, however, held | the other way, I shall feel bound to follow the more recent decisions. Counsel wilt furnist: Moore vs, Talicott.—1 do not see how the plaintiff can claim a greater allowance than five per ceut on the amount reported due to tim by the reteree, Sach aa allowance will be granted. Matter of the application of the Department of Pab- “Oh, 1% wasn't my own eye; it was a glass one,” “ont”? said the Justice, ‘that’s rt, is 147? Owens was sent to the House of Retuge. TOMBS POLICE COURT, Before Judge Flammef. BEWARE OF STRANGERS, Nellie Vincent, of No, 30 Rivington street, a marriod woman, while walking through William strect yester- day morning, engaged in a flirtation with a young man, named Jeremiah Hoar, whom she acknowledgel to have never seen before, He, presuming on the firta- tion, accosted her, and they soon became quite familiar, He asked her to take a drink, and together they re- et to the liquor store No. 280 William street. hile they were drinking the rietor of the saloon saw Hoar stcal Mrs, Vineent’s pocketbook, from the contents of which he paid for what they had imbtbed. Mrs. Vineent, on being informed of her loss, called a policeman and had Hour arrested. The pocketbook contained $6 30, which was recovered. Justice Flam- mer held the prisoner in $1,000 bait to await trial, FIFTY-SEVENTH STREET COURT. Bgforo Judge Duffy. CURIOUS CHARGE OF STEALING, William JJ. Spencer, a good looking young man, who gave his residence as No, 683 Broadway and his bust- ness that of acivil engineer, was accused of stealing an amethyst ring valued at $15 from Louisa Miller, a girl of seventeen years, residing at No. 179 East Fourth ‘oot, It came Out during the examination that Miss ler made the acquaintance of the accused in a Broad. Way stage several months sinco, and that he suuse- quently visited her with the consent of her relatives as her accepted lover. On the 24th ult. it transpired that Spencer was a married man, who had abandoned his wile, Miss Miller then discovered that the ring before Mentioned had been stolen, and she accased Spencer of the theft Judge Dufy said that bad not the accused falsely represented himself as an unmarried mau he | might hesitate to how bim, bat under the ciream- | | stances he could not do otherwise than’send him dewn He was committed in default of bail, A BOLD HIGHWAY ROBBERY. =, On Monday afternoon, Mrs. Ann Gillick, of No. 319 * East Forty fifth street, was knocked down in Second for trial, avenne and robbed of a satebel containing a ‘safe key and $80 im cash, From the de- scription ‘of the thiet Officer John O'Brien, he Doeks relatrve to picts Nos. 83 and 4.— De coansel intena to present further briets in this motion? of the Nineteenth precinct, arrested James Flanuagan, of No. 300 East Forty fourth street, on suspicion, Mrs. hot they will please notify me a8 soon as possible, in } Gillick rentified him, and at ubis Court he was held for order that I may di of the motion. Gardiner va. The Mayor, &o—In this caso I under. stand that it bas been agreed by counsel that the final Aisposition of the motion stall ‘be deferred untit the ta default of $8,000 batl. Ho dented the charge, HOW A TAILOR MADE MONEY. ‘An exam{nation was held in the case of Josevh Solo- mon, who was held on Monday ona charge of embezzle- ment The accused was charged with having pawned $210 worth of coat goods given to him to be made and converting the money to bis own use. . Vi Brothers, of Nos. 8 and 10 White street, ap- Panel in court a8 additional complainants, bape ry. all ‘swindled them in a like manner, At 1s said that other victims will also be forthcoming. Counsel for Solomon maintained that the offence charged, that of embezzlement, was found not to be correct in law, and the original com) it was changed to that of larceny, and upon the defendant was held STRUCK IN THE EYE WITH A FORK. Michael Mahoney, of No. 631 First avenue, was ar- rested for disorderly conduct on complaint of Mary Norton, of the same house. The complaint was dis- missed, and Mrs. Norton was then made a defendant for throwing a fork at Mrs. Mahoney and striking her with it ine eyo, probably causing her the loss of it, Ske was committed to prison in delault of bail to keep the peace and $10. POLICE COURT NOTES. At the Easex Market Police Conrt yesterday Judge Otterbourg held Wt. J, Pell in $4,000 bail for breaking into the store of Valentine Van Sicklo, No. 356 Grand street, and stealing $30 worth of cutlery. At the Washington Place Police Court yesterday Judge Morgan beld William Stafford, alias Big Mike, a hotel thief, in $2,000 bail, for attempting to break into the room of Henry 8. Pilkenton, in tho St. Omer Hotel, No. 384 Sixth avenue, When arrested a number 01 skeleton keys were found in Staflord’s possession, At the same Court Harrison H, Shaw was held fortalse tained $15 from Albert Terhune by Tepresenting that he was a collector for C. H. Mengis, of No. 80 Walker street, and also obtained $19 from John McDonall, of No, Broadway, on a false check, purporting to be indorsed by Mr. Mengis, COURT CALENDARS—THIS DAY. Surreax Covrt—Cuamaxns—Held by Judge Bar- a 5 1. 184, 197, 208, 2 252, 254, 256, 289, 00, , 809, ny 320, its Surxeme Court—Gxcuir—rart 1—Hold by Judge Lawronce.—Nos, 2200, 1347, 2624, 2525, 1855, 1650, 1667, 1879, 1881, 1383, 1385, 1387, 1989, 1391, 1593, 1399, 1807, 1899, 1401, 1403 Part 2—Hold by Judge ‘Dono- hue, Nos 1026, $2, 2240, 1062, 238, 1386, 1108, 1808, 1400, 225, 1824, 858, 860, 893, 1258, 1148, 698, 2695, 1522, 102815, 1248, 1042,” 112536, ‘1208, "736, 2404, 2852, 900," 1404, “1412, 1414, 1420, 1422, 1424, 142444, 1426, 1425, 1430, 1482, 1372! 1318," 872, 2110, 1646, 1443, 1444, 144436, 1446, 1443, 1450. Part 3—Held by Judge Lur- remore.—Nos. 633, 1127, $68, 718, 673, 111, 949, 1733, 1181, 2489, 1237, 2537, 1097, 3255, 17134, 17644, 621, 933, 1721, 1809, 301, 92334, 11853;, 691, 603. Scrreiw Court—Srxctat TerM—Held by Judge Van Vorst—Demurrers—Now, 14, 18, 16. Law and Fact— Now 242, 55, 22254, 203, 145, 230, 129, 119, 120, 19, 414, 16834, 6, 312, 813, 314, 319, 316, 317, 318, 319, 320, S21, 922, 823, 324, "325, 326, Svrenion Cocrt—Grnerat. Tenu—Held by Judges Grtis and Sanford. —Nos, 9, 13, 19, 20, 1, 23, 25, 27, 29, 31, 82, 34, 35, 26, 37, 38, 39, 40. Surerion Courr—Tria. Txam—Part 1—Hold by Chief Justice Monetl.—Nos, 1675, 923, 1631, 207, 741, 627, 919, 1847, 865, 971, 925, 1855, 1361,'775, 79.’ Part 2—Held vy Judge Sedgwick.—Nos. 8004s, 1012, 1010, 904, 710, 800, 960, 960, 464, 858, 618, O20, 1514, 888, Svrerion Court—Spxcia, Taru—Held by Judge Speir,—Nos. 18, 29, Common Prxas—Equity Taru—Held by Judge ©, P. Daly.—Demurrer, 7. Nos, 1, 32. Comox Pinas—Taiat Tenu—Part 1—Hold by Judgo Robinson.—Case on—1978, No day calendar. tl Held by Judge Van Brunt.—Nos. 1454, 2284, 1684, 1308, 1407, 181, 728, 1469, 1824, 1825, 1826,” 1827) 1828, 1829, 1831, 1832, 1833, 1834, 1836, 1837, 1838. Part 8—Held by Judge J. F. Daly.—Nos.1785, 1798, 1630, 1665, 1835, 1625, 1365, 2197, 1530, 1840, 1841, 1842, 1844, 1848, 1846, 1847, 1845, 1849, 1850, 1851. Marine Cocrt—Triat Tenm—Part 1—Heid by Judgo Alker.—Nos, 7 5002, 1433, 2212, ge 2849, 4000, 4001, 4002 4006, '4010, Part 2—Held by Juage’ Sheridan.—Nos, 3139, 3140, 5012, 3844, 7082, Thos, 180, 1358, 6806, 7047, 7079, 4427, 3740, 6480, Part Scileld by. Judgo shea Nos. 6807,’ 224, 6020, wie beg 6227, 5390, 3136, 6882, 6996, 7031, 6531, Court or Gryxrat Sxssions—Hold by Judge Gil- dersieeve.—The People vs. Thomas Printa, robbery; Same vs, Erich Ruyter, robbery; Same vs. Christopher Bracken, robbery; Same vs. David Higgins and John Ryan, robbery; Same va. John Finnegan, robbery; Same vs, Francis Printz, felonious assault and battery; Same vs, Albert Johnson and Jack Russeil, burglary; Same va Thomas Leroy, burglary; Samo ve. Wiil- jam Johnson and Martin Meely, burglary; Saine va. John Evans, burglary; Same vs George Lockwood, burglary; Sume vs. Richard Mulcary aud John Kelly, burglary ; Same vs. William Levy, grand larceny; Samo va James F. Draddy, grand larceny; Same vs. John Smith, grand larceny; Same vs. James A. Kernian, grand lurceny ; Same vs. Isaac Franklin, ait larceny; Same vs. James kuktns, John Eakins and William Fen- ton, assault and battery; Samo vs. Clurk Corney, as- sault and battery. COURT OF APPEALS. Aunanr, April 4, 1876, In the Court of Appeals to-day the following busi- ess was transacted :— MOTIONS. Van Woert vs. The Albany and Susquehanna Railroad Company.—Upon motion and consent this cause was poret on the next calendar as at date of filing the re- arn, Bradner vs. Colt.—Motion to dismisa, 8. Hand for motion, and A. J. Parker opposed. Sprague vs, Western Union Telegraph Company.— Motion to dismiss submitted. Ross vs. Hurd.—Motion to place cause on calendar submitted, Crosby vs. Crafts.—Motion to dismiss submitted, APPEALS FROM ORDERS. » No. 4 People ex rel. David C. Woolf, defendant in error, v8. Aaron Jacobs, plaintiff in error.—Samuel J. Crooks for appellant; respondent submitted, No. 338. People ex rel. Lucy L. Devlin, respondent, ‘ys. Thomas B, Asten and others, assessors, &c., appel- lants.—Argued by William M. Evarts for appellants, and by Charles K. Miller for respondent. No, 340. People, &c., ex rel. William D. Mott, ro- spondent, ‘he Board of Sapervisors, &c. ave lants,—Argued by Jacob J. Werner for appellants; A. J. Parker for respondent, No. 847, Edgar M. Birdsall, appellant, vs. Charles Strawbridge, respondent —Argued by D. Morris for Tospondent Submitted for appellant. 08, 355, 356, 357 and 358 People, ex rel. James M.¢. Tytler, appellant, vs. Andrew 'H. Green and others, respondents, and four other causes.— Argued as one cause by Hugh L, Cole for appellant: ‘by James A. Dering for respondents, Nos. 361 and 352 People ex. rel Stevens va Hoyt; People ex rel. James Munger, Jr., ve. Geron —Argued by M. A. Fowler tor appellant, and Jobn H. Bergen tor respondent. ‘The following decis! wero handed down jn the Court of Appeals to-day ;— Motion for reargument denied, with $10 costs—Os- born vs. Keech. Motion to dismiss appeal granted, with $10 coste— Gildersleeve vs. Dixon. Writ of error quashed, without costs—People ex rel. Donovan vs. Connor. Judgment aftirmed—Dolan vs, The People, Carpenter vs. The Poople. Order of General Term reversed and order of S} t Term aMirmed, with costss—People ex rel, Sci vs. Green. Order reversed and proceedings remitted to po Court, with directions to hear and determine the ap- peal upon the merits—in re City of Buffalo to ex- tend canal, Order of General Term reversed and judgment of Special Term affirmed, with costs—The peopie ex rel. New York Dispeusary va. Green, Order reversed and motion denied, with costs— The people ex rel. Ruggles vs. Chapman. Judgment affirmed, with costs—Hill vs. the N. Y. Gand C, Railroad; Brancr vs. Meigs; Cochlin vs. the N. Y. ©. and ©. Ratlroad; Roulston Becar vs. Fines; Massott vs. the Del. and G Railroad; the People ex rq. the Pacific Mail Steamshi Commissioner of Taxes, &c. ; Mitchell vs. the N. Y. C. avd ©, Railroad; the Peopie ex rel. the Female Acad- emy vs. the Commissioner of Taxes, Judgment reversed aud new trial granted, costs to apide the event—Schvley vs, Mumford; Cordell vs. The N. ¥. ©. aud ©. Railroad, Order affirmed, with cosis—Swift va Prouty. = ae Company vs. tho | | Mary Aon Weiler, of Woodside, N. J. Order aflirmed, without costs to either party in this | Court—The Peopie ex rei. McKown vs. Groen, CALENDAR, Nos. 60, 181, 133, 134, 135, 138, Lo and 142, UNITED STATES SUPREME COURT. Wasurxatox, April 4, 1876, ‘The following cases were argued yesterday :— No. 199. Branch et al, and the South Carolina Ratl- Foad Company vx City Council of Chartésta, and No, 200— Appeal from the Circuit Court for the district of | South Carolina.—The question in these cases is, what property, if any, of the Soath Carolina Railroad Gom- pany within the limits of the city of Charleston is exempt from taxation, The Court below held that tho depots, workshops and other butldings erected by th company ‘he lands acquired from the South Caro- Imma Canal and the tracks and side tracks within the city limits, re- placed stace 1843, and used tor the accommodation of the united system of roads under its control, are tax- able only pro tanto, From tis decree both parties ap- peal, contending that it is not consistent with the operation of th fous State laws. McGrath & Con- n 0, G, Corbin tor City Counel. etal. vs. Langley & Co, et al— Appeal from the Cirentt Court of the Southern district of South Carvlina,—The genoral question presented tn this case {8 a8 to the distribution of a (und in court realized from the sale of certain will property and bought by the appellees, ‘The decree was that Lang- ley & Co. having, by their mortgages, the prior and | paramount lea on the property, their right upon tho fund derived trom the sale was as complete as i the land Stell, and that they were entitled to"be paid in full out of the ‘purchase money before any other creditors. From this decision the other creditors i peal. Presley, Lord aud Ingleaby for appellants; 0. Miles, for appeliecs, ANOTHER PACIFIC MAIL SUIT. Mr. Charles f. Strong was, on motion of deferidants’ counsel, appointed referee by Judge Gilbert, in the Supreme Court, yosterday, to take testimony and to re- port in the matter of the sutt of tho Pacifie Mat: Steam- ‘whip Company vs. The Untom Pacific Company. iroad Company are taxable, and that | | # yours, been made the terms of thelr contract we LITTLE EMMA, JR y complaint of W. S. Slater, Shaw had not given bail lastevening. The amoant which it is alloged he has obtained by fraud ts placed as high as $123,000. 1t seems from the aMfidavit of the. plaintiff, made be- fore Judge Donohue, that in 1872 the defendant repre- sented himself as the secretary and general agent of dhe company above named, and it 1s alleged that he reme- ted that he had full power and authority to negoti Sent; that he owned tutes simple valuable eat vermilio# in Wyoming Territory wi and that there were ‘millions 1n it,” as there was eet meren mineral sapoals mabe Sele bsg) Plain. it upon these alleged fraudulen’ ass Recedal orate ‘notes ior defendant, ee bee. as security mortgages on the mythical bonanza, On the 29th of October last, it appears, the Attorney General of this State was prevailed upon to dissolve the cor- poration, and the defendant was appointed receiver, MARRIAGES AND DEATHS, MARRIED. P -—Nortarvr.—On Friday, March 31, at the ‘ebtirand ore ister, by the Rev. & Faller, Heyny ©, Penny to Miss Exua, daughter of D. B. Northe rup, Esq,, all of this city, No cards, DIED. | Annans.—Martia Frayces, wife of James Abrams, of her age. family are respectfully invited to attend the funerai, from her late residence, 424 West 26th st, on Thursday, 6th inst, at one P. M. Barwors.—On Sunday, April 2, Jenne, wife of George Barmore and only daughter of William and Janet McKwen, tn the 23d year of her age. ‘The relatives and friends are reapectiully invited to attend the funeral, from her late residence, No. 217 Rast om st, this (Wednesday) afternoon, at one o'clock. Bussory.—Oa Mon of Bagnalstown, county Funeral to-day, at two from his late resi- dence, No, 343 East 39th st, Friends and relatives in- vited to attend. Cattawax.—Suddenly, at Harlem, on Tuesday morn- ing, April 4, Wr.tiam CauLatax, aged 35 the funeral will take place from No, 341 Bust 114th st, on (this) Wednesday afternoon, ‘ut one o'clock, Relatives and friendé are invited to attend, * Caxnox.—On Monday, April 3, at No. 9 Great Jonos st, Parnicx Cannox, native of Roscommon, Ireland, 4n the 21st year of bis age, Relatives and friends are imvited to attend the fa- Beral, on Wegnesday, at two o’clock. Cagn.—On Tuesday, April 4, Rose, the beloved wifo of Bernard Carr and ‘sister of Patrick Dufly, a native of Rakeeragh, county Monaghan, Ireland, aged 45 ears, ” ‘The remains will be taken from her husband’s res!- dence, $56 1st av,, corner 2lat st, on Thuraday morn- ing, at half-past nine o’clock, to the Church of the Epiphany, 2d av., between Zist and 22d ats, where a requiem high mass will be offered tor the repose of her soul, and from thence to Le get f Cemetory at one P. M. The relatives and friends of the family are re- spectfully invited to attend without further notice, Cary.—At gern taped on the 23d of March, in the 80th year of his age, Lucius 8, Cary, youngest son of William F. and Nancy Cary. Comar.—Un Tuesday, April 4, Witram Comaa, ne- tive of Aughrim, county Galway, Ireland. ‘The iriends of the family are invited to attend the funeral, on Thursday, April 6, from his late residence, No, 263 West S2d st,, at one o'clock, Comznvond.—On Tuesday, April 4, Jomx, son o! Patrick and Jane Comerford, aged 8 years. ‘The relatives and friends of the family are respect fally requested to attend the funeral, on Thursday, April 6, at half-past two P. M., irom the residenco, ‘No. 317 Columbia st., Brooklyn. Davis. —On March 30, 1876, on thecars, near Dunkirk, en route to Schenectady, N. Y., hia native city, WiLuiaM €. Davis, formerly of this city, but late a resident of St Paul, Minn. Fitzratricx.—Suddenly, on April 4, 1876, at his late residence, 126 Perry st, Wi.tiam T. Frrzpartog, in the 28th yoar of his age. Notico of funeral hereafter. Fiusuinc.—At one o'clock A. M., on April 4, Mar. Gaket, beloved wile of Alexander Flushing, aged 54 years. Funeral will take place from her Pepprgotemnen Xe. 189 Hamiltom av., Brooklyn, at two P. M., on Thurs Patzicx Jossrn Buxsvury, low, Treland. “ A ber 2 April 6. A <BR, —ON ys Nea April 3, i Staten islane tain Major ers K'KIsBiB, aged 68 years. Fu jo paca es im the chapel at Sailors’ Snug Hare dor, Wednesday, 5th inst, ateleven A, M. Interment in Greenwood Cem a Z Guxeety.—On Ti y, April 4, Tomas Guenery, aged 45 years. * ‘The relatives aud friends are respectfully invited te attond the funeral, at the residence of his sister-in-law, Mrs. Waugh, 117 Butler st., on Thursday, April 6, at half-past two o'clock. ~ HaLu—April 4, of diphtheria, Gussrm, youngest daughwer of Willig Pr Hall and the late Almira A. er ioe ae year pean enya Midi as ‘uneral on Thursday, 6th 1 o 2 the residence of ner Jaiher, 00 ‘pranks af, Brook: n. Tannen. 06) April 4 Brivost Harass, in the 45th year of her age. ‘The relatives and friends of the family are invited to attend the faneral, from her late residence, 511 Pearl st., on Thursday, at two o'clock. . rcHcock.—On Tuesday, at_her resid 51 Bast 18th st, Mary A., wile of Dr, H. M. Hite! Rou. Ste New Your r Tuesday, April 4, after ‘ELLY.—In New » Ol Ny, a short ib Susan A. Keury, wife of James W. yy, pocond eldest, daughter of William Kirk. ‘The relatives and friends of the family are fully invited to attend the funeral, dence, No. 98 Macdougal st., 5th inst. at two o'clock. Laumugen.—On April 4, 1876, at nt N. Y., Grorce Lamneer, afer a long illness, in the Slst year of his age. Notice’ of funora! hereafter. Licuropy.—ln New York, suddenly, Coum Licur. Bopy, aged 67 years. be of funeral hereafter. i cacek hae Mix. —On Tuesday me April Test- deuce, No, 329 East 18th st, Mancarst Prinaus, wife of Robert Mein, Nottce of funeral bereafter. Moone.—At Kiizabeth, N. J., on Monday, ee 3 Percy Brixton, youngest child of Thomas ‘and Con- stance R. Moore, and grandson of Colone! James Moore, Funeral from Trinity church, Elizabeth, N. J., om Friday, at three P.M. Relatives and trienda are in- vited to attend without further notice, Morris,—Suddenly, on the 34 inst, Atics Brery, wite of Clark T. Morris and daughter of Philemon B, Beery, 25 yeurs, The relatives and {riends of the family are invited to attend the funeral, from her late resiaence, No, 424 ‘West 47th st, on Thursday, atten o’elock A. M. Her fomaiae will be taken to hy moore ger InpeneRe, uRruy.—On Tuesday, A] ARY JAXB, daughter of Mickael ned bebe Murphy, aged 5 sa, 4 months and 16 days. ‘The funeral will take place from the residence of her parents, No, 141 West 39th at, on Thursday, 6th inst, at one o'clock P, M. Nxamacn. —On Tuesday, the 4th inst., at 6:80 4. M., afer giving birth toa danghter, Gexrrook JosErau wile of George Nembach and daughter of Peter Newros.—On Tuesday, April 4, Mary Rras, the be- loved wife of Alired Newton, aged 37 Relatives and friends are respecttully invited to. at- tend her funeral, from her late residence, No. 228 Eust 46th st., on Thursday, at one o'clock. re a away saddealy, April 3, Mise Many ROBINS, Kelatives and friends are respectfully invited to at tend the faneral, from her Inte No. 104 Co. lumbia at., Wednesday, April 6, at two P, M., withow St | amma three P. M., from 23! Scuioss.—-Bext N, Scuvoss, beloved son of N. J. ane Theresx Schloss, after a painful sickness, at the age o! 7 months and 10 days, Relatives and friends of the family are respecttully invited to attend the funeral, Thursday, April 6, at nine A. M., from No, 218 Kast 58¢ st. Suirn.—On April 3, Euten, the beloved wife of Philip Sinith, id years and 4 months The relatives friends of the family are fully invited to attend the faneral, on Weduerday, the bth inst, from ber late residence, 206 Kast bist st, at hail-past ning o’cluck, to the Charch of St, John the Evangelist, where « n requiem mass will be offered for the repose of her soul, and from thence to Calvary Cemetery for interment STURTEVANT. —Alter a severe and lingering illncas, at twelve minutes to two, A. M., Aprit 4, Joie D., be. loved wife of Timothy L. Startevunt, im the 58th year of her a Ratatives avd friends are respectfully invited to at- tend services at her late residence, No, 227 West 20h this (Wednesday) evening, at five o'clock. lotermet at Tarrytown Cemetery, Tavcon.—On Tuesday, April 4, Caances A Tar! third son of A. 5. and the late Marcia M. Taylor, 27 years, § months and 20 daya. Relatives and friends of the lamily, and members of Progressive Lyceum, are respectfully invited to attend the funeral services, at Republican Hall, 56 Weat 33d st, on Thursday, April 6, at balf-past nine o'clock A. M. Interment at Mount Picasaut Cemetery, Newark, Vai.ortox.—On Monday morning, ng L, Valiotton and daughter of the late 10 Rotatives and friends are respectfally invited to ab tend the funeral, from he: inte renldence, 120 Kaat ‘Sih st, on Wednesday, at one o'clock. Wan. —At his resicience, 138 West 48d st., M April 3, Witier Warn, only son of Lucia aad the loses Ward, tn the.17th year of his age. Funeral trom the Church of the ere Oth, ay, And 20th eh, Wednesday morning a