The New York Herald Newspaper, April 8, 1876, Page 11

THE COURTS. Discussing Technicalities in the Black Friday Suit. . Importance Attaching to Memo- randums of Contract. ; The United States Grand Jury and Metropoli- tan Dealers in Crooked Whiskey. A MOCKING BIRD THAT WAS A MOCKERE Investigating the Charges in the Austrian Forgery Case. sicicaliareslenhiateoea The further trial of the sult brought by De Witt C. Taylor against Gould and others to recover mone; alleged to have been due by the defendants in connec- tion with the purchases of gold on Black Friday from the defendants, was resumed yesterday before Judge Barrett, There was the usual large crowd present, but the day’s proceedings were unusualiy dry and uninter- esting, owing to the fact that put little additional testi- mony was taken, the most of the day being consumed by counsel in dizeussing technical law points, Prelim- inary, however, to entering upon the regular day’s Proceedings some tributary speeches were mado by some of the counsel, as well as Judge Barrett, to the memory of tho late crneene Van Schaick, a more ex- tended report of whfh will be found elsewhere, Mr. Isaac Ogden was recalled and e: ined at somo length, but nothing new or important was elicited in his additional eemonr. He was y Mr, Theodore P. Farrell, a clerk in Mr. Taylor's office. The ‘Witness said that he went to Speyers’ office about noon on Black Friday and told Speyers he had sold $200,000 gold and wanted him to put ap a margin; he reported the facs to his employer then went down to see whether he had made the deposit yet in the Farmers’ Loap and Trust Company as requested. “Have you got any memorandum of the contract trom Mr. ‘Speyers?” the witncss was asked. “Yes; about two o’clock,’”? the witness answered; aud then added, “I have lost the document, but can State its contents.” Mr. Beach sig 2 objected to thi idence on the round that Mr, Speyers’ authority and agency had ‘minated and he was told to buy no more gold be- that memorandum was given. Mr. Sewell argued that the power of the agent as to the contract continued evs y, even agent to put up the margin, and he might have given the memorandum of purchase the following morning. Mr. Beach said the question was whether after the @ontract was broken and terminated the agent had power to revive it. This was the inal principle in this case, and the fundamental issué arose there. The contract was broken by the rules which were part of it, and by the action of the agent-and one of the prin- cipals, and the agent had no authority to revive it and bind his principal. The broker {failed to put up the margin within an hour, which made the contract a Jailure, and the plaintiff! at once put the gold upon the market. If it was a lawtul and obligatory contract Ect? was then entitied to sue, and the agent (the rene) had nothing further to do, Mr, Shearman argued that the broker, Speyers, had only authority from his principals, whoever they rel and not disclosed at the purchase, to buy $200, gold; the plaintiff elected, on the failure of Speyers’ other refusal of Fisk, to put up a deposit of twenty per cent, to treat the contract as broken, put the gold on the again, and have a claim for $63,790 damages against some on \d it was contrary to all the rules of contracts that @ memorandum written by the broker and delivered to plaintiff alter all this could be binding on defendants. The Court reserved its detision on the question and adjourned to Monday. CROOKED WHISKEY IN NEW YORK. The United States Grand Jury, after a recess of sev- eral days, assombled again yesterday, and their doings, or what thoy are supposed to be doing, excites a good deal of interest and attracts a number of more or less anxious spectators, although there 1s nothing better than a closed door for them to look at. A good many witnesses were summoned for yesterday in several cases, but those actually under consideration, it is an- derstood, are those of T. 0. Boyd & Co. and other whiskey dealers accused ot being concerned in opera- tions in “crooked”? whiskey. As announced some weeks ago, Mr. ey Fg Sherman, Assistant District Attorney, was nent West. by Colonel Bilas to hunt up evidence against the acct Parties, and it is said that he succeoded even better than bad been anticipated, and that the disclosures to be made when the Grand Jury present the result of their labors will be of so startling a character as to throw the Western cases into the shade. Among the witnesses under examination yoste! were several Chicago gen.le- men, including Mr. Golsen, of firm of Go! & Eastman, who are to have sbipped whiskey to Boyd & Co., which was claimed to be “‘crooked;’’ Mr. Holland, a Chicago distiller, and Mr. Roelle, a retired impossible to know what the nature of their evidence before the Grand Jury is, but itis proper to state that the; they know very Inte that could be supposed if Ba ‘ the cases under investigation, hand, it is claimed that their testimony Is of the utmost importance as fitting in with that of othera. As Juu, Benedict adjourned tue Circuit Court until a week from to-morrow, there will not probably be any report from the Grand Jury until that day, and in the meantime there exists in certain circles a good deal of anxiety us to the resalt, " A BIRD THAT WON'T SING. In October last, while George Calder was passing through Witham street, in this city, he was charmed by the notes of a mocking bird in the store of Damo Staffriegen. Entering the store and satisfying himself as to the author of the music, he concladed a bargain with the worthy dame for the bird at a cost of $10, and ordered it tobe sent to his house. A bird pur- porting to be the same purchased was sent, but from the day be received it until the preseata single note never escaped his throbbing breast. Afler waiting patiently tor a month or two to have the bird resume lis music Mr, Calder became impatient, calling on Dame Staflrwgen ‘tor advice, was id to feed the bird on plenty of meal worms and hard boiled egg, and that his aa mu: would soon burst forth again in all its pris- tine vigor and sweetness. ‘ihe advice was followed, but several months’ waiting was without any musical result, It then began to dawn upon bis mind that the Dird sent him was not the same wi charm: music had arrested bis footsteps in William stree months before. He thereupon consulted an who informed bim that the bird he hud was a female mocking bird and never sings, and could not be tho same which he purchased. With ind on he de- manded of Dame Staffriegen that she ‘the unmausi- cal bird back and give him that he had purchased or one equally good. 18 she rel asserting that sho elec ber woman, i fer ~ ignorance Bee ornithology he must in some way bave disarranged the musical organ of the bird. Caider then sought the aid of is attorney, Benjamin Franklin Russell, who brought a suit in the First District Cou which was tried yesterduy before Judge Caliaban ajuary. The identity of the bird was the sole question put in issue and the unmasical cause of the lit jon ‘was itscll present in court, Several experts on behalf of the piainuff overruled Dame Sti 8 solemn assertion of her fair dealing by testifying that the bird in court was anne ie ng female bird of that spec ef ve utterly unheard of that a mocking bird which once sung should hang bis harp on the willow for a period of five mantis, ‘A judgment was rendered in favor of plaintiff for $10, the amount paid by him; $5, the cost of the biru’s Doar.i, alzo cosis of court, and the unmusical source of Iitigation was surrendered to 1 Stalfriegen to be tuued up. THE ALLEGED AUSTRIAN’ FORGERS. The case of Leopold Nettle and Selgmond Neitle, | tho two Austrians charged with forgery, was before Commissioner Osborh yesterday, A. H. Pordy, who appeared for the Austrian government, produced tel- egrams from Austria stating that Leopoid Nettle and Scigmond Nettle nad obtained, by forging bills of ex- change, 40,000 florins and fled the country, Hugo Fritsh, the Austrian Consul, testified’ that he bad an jutorview with the prisoners soon after their ar- rest, in whieh they stated that they arrived at Boston on January 15, came to New York on the 17th and took lodgings at Hartman’s Hotel under the name of Richter. The pfisoners said that they took that name ro that their creditors could not find them. William G, Elder, detective from the Contral Ofice, testified that he was lied by Com- missioner Erhardt, at the Fon gong of Mr. Purdy, to 0 books, showing that the prisoners nad ited pg Citizens’ Savings Bank, Cee ‘on testified that he Gerichten, of the Central Om sted nites and pitt, United tates Marshal in making the arrest; ¢ prisoners in German that they were arrested for + that Leopold Nettle cailed him aside and said it Would make hum unl for life if be was arrested ; that he offerea ‘witness $100 to let bi Nettle raised it to witness $400 if he t bim brought to the United States Marshal's office Mr, Purdy here stated that - had received a de. H Peyreys bib em NEW YORK HERALD, SATURDAY, APRIL & 1876.—TRIPLE SHEET. Dittenhoerer, who appearea ed sis onjntion aed najoursea the’ came until Won- ay, ‘at twelve o'clock. ‘ SUMMARY OF LAW CASES. Ina suit for divorce brought by Mary Ann Davis against Charles Davis # motion was made yes- terday, before Chief Justice Daly, iu Special Term of the Court of Common Pleas, The defendant put in a Pptea of impecuniosity. Mr. Wilham C, Keeloy was ap- pointed reierce to investigate the facta. The necessity of Judge Barrett sitting in the trial of De Witt C. Taylor against Jay Gould and holding Supreme Court, Chambers, delays business in the latter court very materially, Asa result counsel hay- ing motions have to wait all day, ana the proceedings in Chambers are protracted to an imconveniently late hour, Of course this gives rise to a good deal of grum- bling, besides entailing extra onerous dutics on Judge Barrett, The trial, before Judge Monell, of the Superior Court, of the suit brought by Charles W. Havemeyer, son of the late Mayor, against Vilentino & Butler, the safe manufacturers, the particulars of which have been published, was concluded yesterday and resulted ina verdict for $4,000 for the plaintiff, including loss of salary for four months, during which time the plaintiff was incapacitated from work, and for payment of doctors and nurses‘and for medicines. Messrs. Adams & Lews appeared for the plaintiif and Mr. W. M, Gallaher for the defendants, Mr. Bingham, an Evansville (Ind.) distiller recently convicted of illicit distilling, transferred fifty barrels of whiskey im payment of a debt to a man in bi loy, who shipped it to this city for sale. It was ry the United States as “erooked” whiskey and suit ‘begun in the District Court for its condemnation. The suit was brought to trial yesterday before Judge Blatc! tord, who directed a verdict for defendant, on tl ground that the law did not warrant the forfeiture of the spirits. As this ruling is contrary to that of the department the case will be appealed as a tent case, DECISIONS. SUPREME COURT—CHAMBERS, By Judge Barrett. Keys vs. McReyuoldg and another.—Report confirm- ed and judgment for deficiency granted, Tiemann vs. Bott.—The second cause of action is aamitted, as to the frst allegation of partnership is surplusage; but the di ant, by not denying the general averment of the compialnt, admits what he previously ignored. ‘The jout cause of action being admitted, it 13 immaterial whether the relation of a technical partnership existed. The agreement pleaded was Void asa mudem um. Motion granted Redmond, &c,, va. The Charter Oak Life Insurance Company.—The motion to remove must be granted, and us the complaint is not veritied as an affidavit the pe ‘must ve left to his appiication for a restrain- yale in the United States Court, jrowning ve. Abrams.—1 am satisfied, as a matter of fact, that the plaintiff did not cause the deiendant to be brought here with a view to his arrest, civileter. Their sole mtcrest was criminal punishment. being so Adriauce vs. Lagrave, 69 N. Y. 110, is authority for sustuining the arrest, for there it was said iollow- ing 14 Abb. N. 8,, 388 (note), that persons bringing a party within the jurisdiction in bad faith we the purpose of a civil arrest, should not receive any advantage from their wrongful acts, but that this rule docs not apply to persons not concerned in the device. It may well be assumed that the Court would have added, i! necessary, that the rule did not apply to the persons bringing the party on where there was neither trick nor device nor bad faith on their part, The test was evidently the intent. Motion denied, with $10 costs, Foley vs. Rathborne.—According to the ntif’s Fy @ bank account of the amount 300,000 could be tied up as well as one of $9,000, and that ina cape against a partner with a small interest. ‘his is entirely without foundation, and the injunc- tion must be modified so as to require the bank to re- tain but $3,500, with leave to Wetmore or the frm to move to vacate the injunction, it so advised, in toto, upon the close of the examination or in case the judg- ment against Rathborne be set aside or opened. McLean vs, House.—The pleadings must be sub- mitted, By Judge Lawrence, In the matter of the Protestant Episcopal Public School to vacate an assessment under the Acts of 1865 and 1866,—I do not think that a resolution authorizing the construction of the sewer in question was neces- sary (Nelson va. The Mayor, &c.). Tho remedy of the relator, if there was no jurisdiction, scems to me to bo by certiorari. In the matter of Hoo & Co,—The proof in this case being that the 1ormer assessment will be vacated. See my memorandum in the cases of Chilson va. Budol- map, filed this day. In the matter of Shirmer.—This case socms to fall within the doctrine laid down in re Litue, 60 N. Y., p. 343. ae motion te vacate the assessment is therefore ran 3 In the matter of Burke.—Motion to vacate assess- meut is granted. In the matter of Plymouth Baptist Church.—An or- der vacating the assessment in this case will be granted tor the reagous stated in my memorandum fied this in Chiison and Hoe, in the matter of the Trustees of the Fifih Avenue Presbyterian Church.—The motion to vacate this as- sessment is denied for the reason atated in my momo- randum in the matter of the Protestant Kpiseopal school, this day filed, In the matter of Bernhardt to vacate an assess- ment.—The proots appear to show that the resolution or ordinance was aot pee in the Corporation ne' ‘spapers, as requil by law, and that the assess- ment was therefore improperly imposed. The motion to vacate the assessment must be granted. In the matier of Willet)—The proof that the former was assessinept is insuflicient Seo Lawa of i. 367, Motion to vacate assessment is denied, ‘with leave to put im further proois if #0 advised, In the matter of Chilson.—This case differs from thé” case of Budeiman brought to vacate the same assess- ment, inasmuch as the referee in this case reports that it appears trom the evidence before him that the prior assessment had been paid. The assessment will tnere- fore ve vacated. ~. In the matter of Budelman.—lIt is sought to bring this case within the exceplons contained in the acts of 1872 and 1874 on the ground that the strect bas once been Psi and an assessment imposed upon the prop- ery ‘that purpose, which assessment bas been paid. In my opinion, even if the imposition of the previous assessment is to be deemed to have been properly sown, there is not suflicient evidence that the same was paid, as required by the act of 1874 The statute contemplates, as 1 view it, positive or at least some rool of payment arising from lapse of time. I must ‘ny this motion. In the matier of the Mechanica and Traders’ Bank. — Mie eats 2 Re, bat rape the pre matter of Broeasier, &e. — proot that Sixth Ludlow streets are, the sume as insufll- cient, and of opinion that the case is not so clearly within the exceptions contained in the acts of 1872 and 1874 as to justity an order vacating the assessment, The motion must, therefore, be denied, See my memorandum in Willeti’s case. In the matter of Judsen.—If the assessors or the Croton Board had no jurisdiction, or acted on cr- roneous principles, the remedy is by certiorari. The cage of In re Voorhis neue eee of the allegations and provfs as to traud (3 How., . See also Leroy va. Mayer, &o. (20, J. K., 429). I do not think that any resolution of the Common Council was necessary. (Laws 1865, p. 716). Ido not sco that the proot ation in the petition that the work advel In the matter of Field.—After rehearing counsel I of the opinion that the sum which I at first proposed to allow would not be an adequate compeusation services I shall allow $1,000 rendered by them. each counsel and the costs and disbursements proceedings. Richards vs. Richards.—In thig case no briet is distingaishable Irom Campbell vs. Cam; Either party may submit additic ys of date. briefs within fi Cutting vs. Stevens.—Urder granted fixing amount of security for stay, ko. By Judge Brady. Phillips vs, Bailey,—Order granted. SUPREME COURT—CIRCUIT--PanT 1. By Jadge Van Vorst. a Leppert et al.—Case and cmendments set- SUPREME COURT—SPECIAL TERM. By Judge Van Vorst, Mulior va. Jacoby et al. —Findings settled, Felis va, Otard. —Jadgment for plaintif. Gaylor et al. va, George et al.—Finaings and decree nett va, Barney.—Judgmnent for defendant on demurrer, with liberty to plaintiff to amend on terms, SUPERIOR COURT—SPECIAL TERM, By Judge speir. Titus et al. ve ‘Brown et al —This is a motion to change a record relating to a line bounding reat estate claimed to have beon “It is too grave a mat. pos be determined hn ag ‘ing aftidavit other ‘upon motion. Srey ag Sn Pendergast vs, Ji —The motion made to set off | ar'c'mcuon agaiuet the jodguent entered Fobrusry 2, motion jus Tica dere wih cose ae a ‘4 right vs, George right.—Referred to Mr. E, Raudoiph Robinson, Regen 4 vs. Appel.—Order denying motion, with costs. 0 * Mobr va. Mayer et al.—Reference ordered. Pen ‘vs. Phiilips et al.—Order denying motion, with $10 costa, Doyle ot al. vs. Lord, Jr., et al—Order for commis- sion, tS By Judge Santora. | Purcell va. The New York Lite Insurance ond Trust Company et al.—I think each of the detendants should be permitted to tax a separate bill of costs, MARINE COURT—CHAMBERS, By Judge McAdsm. urosby vs. Stone. —Motion denied. Carpenter vs Oliver.—Motion granted, Drossy vs. W. jon, | Ramberg ve. Wolf; Budell ve Wolll.—The order of March 14, 1876, is right and must stand. | Sehurmann va Hughes.—Motion granted as per in- jorsement. . Streethers vs. Tallman. —Order settled. Padiey va Murray; Foster vs. Phillips; Tadden; Totans va Girard; Duun va We vs. Beecher; Leen dly va, Simonds. “ Sone: wakvoy nae Solight ve Wienols va Voorhis oe Weenalls jeill: 3 Matiave Gordon vs. ; Weeks granted _shoot Officer Cottrell with a revolver belonging to Mr. | Baton va, Sanchez—Motions denied as per tndorse- Jaxtheimer vs, Rosenstein. —sfotion te dismiss com- Plaint granted. Clark va, MoCunn.—Order settled. The Quebec Bank vs. Torrey; Corey vs. Pelham; — vs Mcarthur,—Motions to advance cases COURT OF GENERAL SESSIONS. Before Judge Gildersieeve. A THIEVISH PORTER'S TROUBLES. Draper & Owen, dealers in tailors’ trimmings, at No. 508 Broadway, noticed some time ago that a porter named James Wright looked suspiciously bulged out whed leaving at might, and as they missed a considerable quantity of goods at the same time their suspicions were excited, Boing about to overhaul Wright oon occasion when he secmed unusually stout, the latter entered a Water closet, irom which he emerged soon afterward decreased very much in size, Sending for a plumber the firm had the pipes in the closet torn up, when Sor were found stuffed full of goods from tho store, T! yo poretg Hod caused the arrest of Wright and also of Jacob Cohen, a tailor, of Mercer street, between Spring and Broome, out of whose Wright had been scen coming and im whose apartment @ quantity of the missing goods were found. The two men were indicted for grand larceny ‘and receiving stolen goods ban oe ige While the in- a ig were pending Tight agreed to become State’s evidence against Cohen, and anolle prosequi was thereupon entered in his case, Cohen was placed on trial yesterday, and the thieving porter was placed on the stand to testify agamst him, Assistant District Attorney Lyons, who was prosecuting, found the wit ness determined to give as little testimony as possible, With tho oxercise of much ingenuity he caused the Witness to aumit Bering Raliseres stolen goods to the prisoner, or rath @ Was anxious to make jt ap- pear, to the wife of tier. He refused to say what he had received for the goods or what their value was, So much time was consumed by the quibbling and evasive replies of the witness that the Court was forced to adjourn at five o’clock, without having concluded his direct examination, ASSAULTED AND ROBBED, James Sinnott and Christopher Bracken, both of Dutch Kills, L. L, came to this city togéther on St, Patrick’s Day and went on an old-fashioned spree. The day’s amusement ended in Bracken knocking down and brutally beating Sinnott. The assailant was arrested, when in his possession was /ound the watch and chain of Sinnott, which he had taken trom the son of the latter while he lay insensible. Judge ildersieeve, when the prisoner pleaded guilty, sent im to State Prison for seven years, BURGLARS SENT TO PRISON. James Carter, of No, 265 Monroe street, and William Johnson, of No. 84 Cherry street, youths, who were Caught breaking into tho newsstand of Joseph ©. Mes, cheninoser, corner of Bowery and Sixth streot, pleaded guilty. His Honor sent them to State Prison—Cartor mentee years aud Johnson for two years and six a WASHINGTON PLACE POLICE COURT. Before Judge Morgan, BURGLARY BY BOYS, Three boys, named Thomas Tobin, aged seventeen of No, 296 West Tenth street; John Stevens, aged fif- teen, of No. 423 West street, and John Murphy, aged fourteen, of No, 81 Chariton street, were arraigned on a charge of burglariously entering the pork packing store No. 654 Washington street, and stealing twenty smoked hams valued at $30, The complainant was Charles 0. West, of No. 719 Greenwich street, Upon © arrested the discovery of the burglary Officer M one of the prisoners on suspicion, He other two on information, and subsequently of the stolen hams secreted in a hayloft in West Tenth street, The prisoners pleaded guilty to the charge and were held in $1,000 each to answer, FAIR, BUT FRAIL, On Thuraday evening Leopold Oppenheimer, of No. 185 Norfolk stroet, accompanied Mary Zelia to her home, No, 100 Groene street, and while in her com- pany alleges that he lost a $50 vill. Mr. Oppenheimer, on discovering his loss, made complaint at the Eighth precinct station house and ca: Mary’s arrest. At the station house she endeavored to strangle herself with a handkerchief, bat was rescued by the doorman. In court yesterday she denied the charge, but was held in $1,000 to answer. WAGON THIEVES. Upon complaint of Detective Murphy, of the Eighth precinct, Eugene McCarthy and James King, two of the ‘‘wagon thieves” who infest South Fifth avenue and Grand street, were sent to the Island for six month The detective found # box of carbonate of soda on the person of one of the prisoners, and this is pow at the Eighth precinct station house awaiting identification, STEALING A DIAMOND RING, Mr. Oharles May, of No. 581 Hudson street, charged Sarah Moses, of No, 79 Chrystie street, with stealing a diamond ring valued at $460 and $116 in money. The complainant stated that on the 15th of March he ac- companied Sarah to the Astor Place Hotel, on Third avenue. He placed the money between the mattresses } d left the ring in his vest pocket, Upon | morning he missed both Sarah and hia je complained at Headquarte: and on raday Sarah was arrested by Detective im, of Fifteenth precinct. The prisoner claimed that a the about five weeks ago, she being on the island, May came up there and in some way or other obtained her discharge, and she promised to live with him. Sarah was held in $1,000 to answer, acd May was required to give $500 bail to appear against her at trial. EMBEZZLEMENT. Edward B, Hillyer, aged cighteon, a clerk, in the em- ploy of Rogers, Peet & Co., Broadway and Broome sireet, was held in $500 bail for embezzling the sum of $9, The money was paid to the prisoner by a customer, and he failed to hand st to the cashier, It is thought that this is not the ouly case in which Hallyer has em- bezzled money from bis employer, FIFTY-SEVENTH STREET COURT. Before Judge Duffy. CLEVER CAPTURE OF SNEAK THIEVES, The suspicious movements of Joseph Redmond and | Robert Williams, two strangers, on Thursday after- | noon, attracted the attention of Officer Jobn Cottrell, | of the Twenty-necond precinct, After half an hour’s watching he saw the two enter the residence of ander Grabam, No. 370 West Forty-sixth street. Pro- curing asstvtance he thon awaited theif reappearance at the — door, which ad be have tage Bein a skeleton key subsequen: jound upon one em. On reappear carried between them one of Mr, | Grahaw trunk: eis which they had ked about | $1,800 worth of jewelry, weari and silver- | ware. Among Jewelry wore gold The thicves resisted arrest, and Withams attempted to | Graham. At the above court ond said they camo from the country, and when asked why they had com- mitted this crime replied by inquiring what elee they could bave done to prevent starvation. They were held for trial. : TILL THIEVES. Charles Collins and Bernard McSorley, two of the most desperate characters, the police say, in the Nine. teenth ward, were arrested on Thui night | with stealing $5 from the till ot Thomas Finley’s oys- | a jo. 649 Second avenue, The Court had not much doubt of their guilt, and they wore held for trial POLICE COURT NOTES. At the Washington Place Police Court, yesterday, be- | fore Judge Morgan, John Dougherty, of No, 343 West | Thirteenth strcet, was held in $1,000 to answer for | sealing a stiver valued at $15, from William | Barnes, of No. 512 West th street, James McDonnell was sent to the Island for two months, in detault of $400 bail, tor disorderly conduct | at the Globo Theatre on Thursday night. com. — was Uhbarles Meserole, manager of tho theatre, COURT OF APPEALS. Atnasy, April 7, 1876 In the Court of Appeals to-day the following cases ‘were argued :— a ve Rig gl WR and Bir Ric pine Lorna arene ee a ey No. 148, Hiram B. Thurber and otners, respondents, | John W. Chambers and others, ts. — Al ed we. A. Vary for appellants aod ee Sammes ior Ye | ‘No. 95. Mary K. Sullivan, an infant, &c., respondet wu Mary Sullivan and aneahes,,appeliines’-aegeed ne | Baek. Cowen jor appellants and M. J. Townsend for re- spondent Adjourned, The following ia the day calendar of the Coart of A, euls for Saturday, April 8:—Noa 112, 160, 42, 158, dl, 169, 161. NITED STATES SUPREME COURT. Wasmrxatos, April 7, 1876, The following cases were argued in the United ‘States Supreme Court yesterday :— No. 677, The Southwestern Railrond Company ve. State of Georgia, Central Rati and | and $78..The Bavki sede ys. Same—Error to the Supreme the statute of Tt contend that itisa vie <A ‘ot Railroad and Banking a i i H | be remembered that the possession of a diamond | ‘ i other than municipal corporations were declared be private corporations, and their fran- Ghlecs” were lite” suhieet” “to the reberved right of the State to withdraw them, unless otherwise aw proviaed im each charter. Im 1872 the mitral Railroad and Banking Com was copsoli- dated with the Macon and Western road Com- Pany, ag, in 1868,-the Sourhwestern Railroad Com- tas Baten consolidated with the Muscogee Rail- road Company, by a vote of two-thirds of the stock- holders of each company, pursuant to an act of 1856 authorizing such consolidation upon the occurrence of such a vote, By an act of 1874, the presidents of all railroad companies in the State were required to re- 1 turn annually, on oath, the value of the property of their respective companies, without deducting their indebtedn to be taxed as other property of the | People of the State, These companies resisted the tax, on the ground that the provisions of the original charters as to taxation were made parts of the new charters, and they therefore contended they could not. be taxed more than one half of one per cent on their net incomes. The tax officers? however, assessed their property, the Railroad and Banking Company at $5,000,000, and the Southwestern Railroad Company at $2,500,000, and | bout to enforce the tax thereon, when the com- jought to enjoin further proceedings. ‘Tho | Supreme Court of the State held that the provisions of the general act of 1863, reiating to the withdrawal of charters, applied to the roads under their new charvrs, ag the latter contained no provi § against the exer- cise of the reserved right to withdraw; that the con- solidation of the various roads operated, if accepted by thé companies, to dissolve the original charters, and to invest the roads as consolidated with new charters; and that, making the provisions of the old charters parts of the new passed for nothing, because the new charters, whatever their provisions, wero sub- ject to bo withdrawn or modified at tho will ot the State. Hence the act of 1874, subjecting the roads to. taxation on all their property, without deducting in- | debtedness, was valid, a3 a modification of the liability to taxation within the reserved rights, This decision ig assigned here as error, A. R. Lawton and J. G. Black, associated with David | Dudiey Field, for the railroad companies; N. J. Ham- mond, Attorney General of Georgia, and Robert Toombs, for the State, Tn the paprene Court to-day, on motion of Mr, D. D. Field, Mr, William A. Boyd, of New York city, was admitted to practice as ab attorney and counsellor of this court, No, 577. The Central Railroad and Banking Company, Plaintir am error, vs, The State of Georgia No, 678. The Southwestern Railroad Company, plain- tif in error, vs. The State of Georgia.—The argument of theso cases was coutinued by Mr, R. Toombs, of counsel for the de‘endant in error, and concluded by Mr. J. 8. Black for the plaintiffs im error. s puted The Town of Danville, plaintiff in error, vs. No, 204. The samo.— Dismissed with costs, No. 198 Gains Whitield, appellant, va. The United States, —The argument of this cause was commenced by Mr. ©. P. Philips, of counsel for the appellant, and conunued by Mr. Solicitor General Phillips for the ap- Ppellees. Adjourned until Monday. HORACE GREELEY'S DRIVER. [From the Gold Hill (Nev.) Nows.] Of all the stage drivers who have drawn the strings over kyuse and mustang horses that noone but a Western man would think of harnessing Hank Monk is probably the best known, Not that he is the best driver on the coast, for Hank is too modest to assert any such thing, but circumstances and his fund of quiet humor have made him famous, and he was well known even before the big drive in which Horace Greeley was so reluctant a participant, Hank scldom speaks of t ride, and really does not consider it anything wonderful. > nk Monk was born in the town of Waddington, St. Lawrence county, N. Y., March 24, 1826. He always had a fancy for horses, and once drove eight horses abreast in the city of Boston upon the occasion of a great celebration. This wasin his younger days, aud at that time he bs oases it a great achievement. Monk came tothe Pacific coast im 1862, and first drove stage in California between Sacramento and Au- burn, a distance of forty miles, for the California Stage Company, of which Burch & Hayward were then managers. Ho afterward drove on the Placerville road into Sacramento, and in 1857 came to Novada, His first route here was between Genoa—at that time the rage tons of the State—and Placerville, in California, J. B, Crandal! was the proprietor of thie road, and sold out to war, Sundiand, who in turn disposed of their interest to Wells, Fargo & Co, Monk was driving all this time and contioued until the stages were ‘hauled of.’? He drove tor Lilly Wilson between Carson and Virginia, and the fastest time made by him was one hour and eight minutes from the hotel door m_Virgipiato the Ormsby House in Carson. He has atdifferent times driven to Steamboat Springs and Reno, and since those Mines have discontinued has been on tho Lake Tahoe line for Doc. Benton. Hank never seems to be in much of a hurry, and some have gone so faras to say that lie was not re- markable tor his habits of industry, but however that may be no one ever yet rode with him who failed to get through ‘on time.” Horace Greeley was no ex- ception, and he always took his passengers down the grade at the same rate of specd, whether they were merchants, editors or tourists, Many amusing stories are told of Hank, and the vis- itors who come to Carson are generally as curious to see Hank Monk and have him drive them to Lake Ta- hoe as they are to see the jake itself, The tine Hor- ace Greeley rode with him he made the distance of 109 miles in’ten hours, but Hank says he could have gone ft in @ much shorter time it the horses had been faster. The particulars of that drive, ho says, as given irk Twain, are not all correct, abject of our sketch is now fifty years old, and is strong and hearty, He still drives to Lake Tahoe from Carson during the picnic months, and will proba- Dly vontinue to doso as long as he is able tv pull the lines or swing the whip, AN IMPORTANT PROBLEM SOLVED, UTILIZATION OF COAL DIRT AS AN ARTICLE OF FUEL. [From the Harrisburg Chronicle.] The problem of the utilization of coal dirt seems to be in a fair way of solution, The trouble has always been that it would not burn because it was too com- pact and would smother rather than ignite, For fifty that has been the one great impediment, and | scientists could not overcome it. Finally, however, | Sch Superintendent Wootten, of tno masing Ratiroad, | thought of introducing a steam blast through tho | coai from the bottom im the hope of penetrating the mass and supplying plenty of air, He built a fur- nace specially tor it and placed it under a stationary en- gine boiler. Instead of using ‘oy bars he empoyed a perforated iron plate for tire to rest upon. A pipe from the boiler conveyed the steam and the nee- essary pressure supplied the blast, and this stroke roved tobe the keynote of the entire coal dirt prav- m, It burned freely and threw out an immense héat, e oldest dirt was used to see if it possessed burning ualities, and it was found that it was consumed freely, the same as the best of coal. 1t was next tried in the | furnace of @ locomotive engine and was found to burn | equally well. The other day, whon the wind was blow- | ing at a velocity of forty miles an hour, a coal dirt burning engine took up a@ train of 100 cars threugh the | valley with the same ease and with as little labor us an engine burning the very best anthracite coal. This is Tegarded a8 & great revolution 19 the coal and iron | country, because it transforms at least 1,000,000 tons of heretofore useless coal dirt into a tael worth at | the very least $1 per ton, and provides a way to con- sume all coal dirt that may come to the suriace in the future. DIAMOND CUT DIAMOND. [From the Rochester Express. ] It appears that the end of the Evheridge-Thurber diamond ring mattor is not yet, after all, It will | valued at several hundred dollars, was ring, awarded Miss Lucy H. Thorber, after the trial of a replevin suit in which Mr. O. H. Etheridge, the painter, of this city, claimed to be the owner, In accordance with the of the jury the ring was handed over by Mr. Etheridge to Mr. Gariock, attorney tor Miss irver, Mr. Garlock, of course, accepted tho ring as ta replevined ; Dut toon after tscovered worth from $80 been removed, that an imitation stone, worth probably filty cents, had | deen put in its Mr. Garlock, of course, then | caused an execution to be compélling Mr. Etheridge to give up the property in replevin, but Mr. Etheridge’s attorney bas made a motion to set this writ of execution aside on the that the property was restored to Miss Thu ‘s attorney. The matter therefore, be argued in the County Court when | jH tha stage of proceedings is reached, DESTRUCTION OF FISH IN LAKE) ONTARIO. {From the Ogdensburg Journal.) During the past fall and winter, innumerable small fish, about four Inches in length, have been thrown upon the shores of the Inke and river, ina dead or | dying condition, They were discovered at Three Mile Bay, Jefferson county, in the town of Massona, during | the recent rfte of water, and along the shore of the St. | Lawrence, above the lighthouse, in this city. If the destruction, from some unknown cause, bas been as great on all the shores as at the poimis named, many hundred thousand Osh have perished, THE SECRETARY OF LEGATION ST, PETERSBURG. [From the Wheeling (W. Va.) Register.} The oft repeated question of who is Hoffman Adkin- son, lately appointed Secretary of Legation at St. Po- teraburg and accredited to West Virginia, is answered by the State Journal. That paper says that heisa ow Yorker and his only claims to West Virginia cii- zonship are based upon tho fact that be Ii: to Par- kersburg some six or eight months before the war, and adda that he bas pot foot on West Virginia soil for pine years, : THE DICKENS CHILDREN. Mr. Keeling, of Amboy, IIL, who has charge of the children of the brother of the late Charles Dickens, says that Bm! os have @ an coda kak eee AT | this | ful and qu et neighborhood. It was committed a peaceful and q ie! ri REAL ESTATE. The attendance at the Exchange yesterday was Jarge, though the sales were few. There seems to be a shghtly better feeling among real estate dealers, as though they appreciated that bottom bad been reached, The following auctions were held:—James M. Miller sold by foreclosure, decree of Court of Common Pleas, N. Jarvis Jr., referee, two lots, each 25x100.11 on Fast 117th street, south side, 375 feet eust of Second avenue, for $11,000, to the New York Lite Insurance Company, the plaintiff, Hugh N, Camp sold, under Supreme Court foreclosure deeree, T. L, Ogden, referee, {a plot of land, 51. 8x85. 11-x 50x98.1, on Central avenue, southeast corner of Mor- ris street, and a plot, 61,5x109,6x50x121.7, on Central avenue, northeast corner of Orchard street, Mott Haven, Twenty-third ward, for $1,900 each, to the plaintim V. K. Stevenson, Jr,, adjourned the sale of some lots on West 146th and West 143d streets sine dic, and B, Smyth adjourned the sale of a house and lot on Seventy-third street, near Madison avenue, until April 12, PRIVATE SALES. The two three story brick stores and dwellings and plot of land, 44.8x80, on the southeast corner of Third avenue and Thirty-fourth ,000.. The house and jot, 25x102.; mu the sonth side of Eighty. sixth street, 122 fect of Socond avenue, sold for $26,000. The house lot, 22.6x75.5, on the south side of Fifty-sixth street, 45 feet east of Fourth ave- nue, sold for $18,000, The block of land bounded by Firet and Second avenues, Ninety-sixth and Ninety- seventh streets, 201. 10x650, sold for $80,000. The house and lots, 20x99.11, on the south side of 126tn street, 190 feet west of Fourth avenue, sold for $15,000, The house and lot, 20x10, on the south side of Sixty- second strect, iso feet east of Lexington avenue, sold for $17,300, The plot of land, 76x100.5, with the four story brick tenements thereon, sold for $60,000, The three five story brick stores and tenements and plot of land, 66x98,9, on the south sido of Thirty-iourth street, 319 feet east of Third avenue, sold for $50,000. The house and lot, 17x100.5, on the south side of Forty- sixth street, 150 feet east of Seventh avenue, sold tor 20,000, The house and lot, 25x90, on the cast side of jadigon avenue, 25.5 feet south of Sixtieth street, sold $40,000; and the plot of land, 120.8x100, on the south- east corner of Boulevard and Seventy-sixth street, sold for $51,000, TRANSFERS ard, ¢. §., 49.11 tt. n. of 15ist ell and wife to Edwin Bouton 440 John Boulev WwW. ulligen, f Bil av, 36. 10x100, to Joseph Fields.......... » 20x100.1i to Charies A. G. Depew th st, 8 8., 42% a K, Smith and wife to Thomas McManus, Lexington av., w. s., 6.810. 8 of 29th st, 16.33 ;x4, Flora M. Va Aker und husband to J. il. Ad 668 ft. 5. of Ist 180, ‘Thompson st., w. ‘and wife to John st. 6 8, 100x100 atm ward) ; G. tual Life Insurance Go.......... Oak st.. n, «., 190.9 ft. w. of dames st. 246x irrogu- lar; J. M. Levy, referee, to Regine Dinkelspeil 7,100 Bowery, tantom st. (ts part); N. dr., Teferee, hie E. Beach and others. 12,000 Leases. th at., 21 years; Jamos Morr Av. B, n. w. corner 41 M, Patterson and others, execu: trustee, to Jucov MonTGAGES. Hutchinson, Matilda and busband, to Hugh Humes (executor), n. 8, of 119th A; 8 years Sterling, Catherine E., to #, of Greenwich st. und ears. Bernheim, Charies L., und wife, to Ladwig Freund, w. 6. 0 Lexington av... of Sith st. ) to Jackson 8. if Norful New York P: “vet Henry Fearing aud othe st., w. of Ist % years. Same to sai Same to sal 1. #. of 79th st, Fame to same, us. of 79th st., Yours, Same to same, n. w. corner of Ist av. aud 70th st.; 3 years Same to same, n. ye j. corner of av. B and 7th Young, vous between Sth and 9th avs. Kelly, Joba and wife, to Frederick Tappen and others (Ex,), 8. 8. of Ast st., w. of Mth av.: 3 years. Diehl, John, Jr. 7,500 of ; 1,000 of + 10,000 8,000 id jnton av. (23a ward fe, to Joseph N. Ireland, s. 8, CANAL TOLLS. Yesterday there was a meeting of the Board of Mana- gers of the Produce Exchange, at which the toliowing preamble and resolutions were unanimously adopted :— Whereas the Chairman of the Canal Board has clear! shown in bis recent communiestion to that body that the | Tovenue from the toll sheet of 1876 would be to | vide for the menagement and ordinar; e Canal during the present senson ; wai bi Interests of the port uf New York are now r before from the immense diversion that has been in ite trade to other ports, chiefly through the tn that are offering to those ports; and je Cans projected and built with a apest possible communication ro portion of our country with y" may (fed to keep it in operation, are to just that exten tribute paid to otoer ports a id expensive ae of transportation he ature beyond such ts tajestion do: te entite ‘ would be me to Yerests of this city, a hardship needlessly army of boatmen and others employed upon the exnals, floes to the capital invested in boats and otter applinuccs for canal navigation, not to speak of the waste of the vast sume that have been expended upon the waterway itself; efore, tie esocd, That the Legislature of this State be urgently requested to approve the recommer ‘of the Canal Board, indorsed as it has boon by the Canal Committee of tho Assembly, for continuln the wae on and € the toll sheet le ‘dispontion of aL the retention of ‘which, upon the whole canal sys- Committee of the New York arged Jaying with en- and portance ‘of refraining at this jar time from imposi any bardens whatever on our trafic ‘that can possibly | ve dispensed with. The following gentlemen were appointed a committeo wo nally present the resolutions to the Legisia- ture, and to urge by all Ineans that they should | be heeded :—William ‘hillips, Chairman of the Committee on Canal Tolls of the New Yo.k Produco Exchange; po ey rs ee Gs the same body, Messrs. Stark, Eaward Annav and A. E. Orr. . THE BLEECKER STREET RAILROAD. The receiver of the Bleccker Street Railroad, Mr. Alvan 8, Southworth, yesterday Gled in the County | Clerk's office his report for the mo: nding March 1, which shows:—Receipts, $1 3. disburse ments, $16,617 40, The net carnings since he was ap- pointed receiver were $20,274 86, out of which he has pard for permanent improvements $5,057 ™ MURDER IN MAINE. ‘Tho law abolishing the death penalty in Maine took effect March 25, and April 1 the cry of murder startics who at Searle's Mills by a man namea then murdered his wife in a frantic ft of jealousy, cut bis own throat, A PRUSSIAN SWINDLER IN KEN- TUOCKY. [From the Daavilie Advocate. } ‘ The crazy Prussian, Von Bekkers, whose late trans- actions in real estate im this locality were recently followed hia incarceration inthe Danville | hat. wise oF sé i I NO SALT WATER ‘The special committee appointed by the Board of Aldermen “‘to investigate the feasibility of utilizing th waters of the North and East Rivers for fire and sani- tary purposes has reported earnestly against that scheme, especially as embodied in the bill before the Legislature, under the title of “An Aci to Incorporate the Salt Water Supply Company of the City of New York.” That bill confers the power of taxing every freebolder at the rate of twenty cents a foot for each foot of land owned by him fronting on the streets or alieys of the city; every fire insurance company doing business in the city $200; every marine insurance com- pany $100; every public institution not eleemosynary twenty cents per foot of land fronting on any street or alley; for every steamer or-vessel of 100 tons $500 for each voyage, and for every coastwise vessel $10 per year, The committee think that ‘the proposition should receive the indignant reprobation of the people and government of both State ana city of New York.’’ Allen Campbell, Commissioner of Public Works, bay- ing investigated the subject, reporta that New York has already expended on the introduction of the Croton water $15,000,000, and that the introduction of salt water would cost at least $13,000,000, He says tho damage done by water at fires in wetting goods would be increased by the use of sult water, The wastage of Croton, he thinks, can be checket by the use 01 meters on all stores, manufactories aud * other places where extra water is used, The Croton River, he adds, will furnish treble the quantity of water which passes throuzh the present aqueduct, and in due time it will be proper for the city to take steps to secure an additional supply from this source, and the money thus laid out, while it will give an abundance of pure water for the increasing populne fon, will also furnish an ample supply for the extin- guishment of fires. The Croton Aqueduct can supply gallons—tbree times the quantity now co! the Croton basin, with its present resoure a city of 3,000,000 people, As evidence of the importance ot the water question the committee calls attention to the fact that Rome, in its palmiest days, had no less than twenty-iour dis- trict aqueducts, and among these one was sixty-three and another thirty-eight mes in length. The arches, 100 feet and higher, over which the water was carried, measured in one instance ix anda half miies in an unbroken line, and in another were 7,000 in number. The daily supply of water to ancient Rome could not have been tess than 400,000,000 gallons. Witn the de- cay of these wonderful works the decay of Rome kept* pace, and so, they add, it would be with New York if for one moment we were to neglect our aqueduct, pene of carryiug it to its utmost capacity and per- fection, HEMPSTEAD RESERVOIR. Yesterday a complaint was served upon Mayor Schroeder and the Brooklyn Commissioners of City Works by the counsel for Messrs. Kiugsley and Keeney enjoining the city officials named from oxercising tur’ ther control over the Siorage Reservoir at Hompstend, for the construction of which the plaintiffs are the con- tractors, It is recited thatthe city changed the orig- inal plan and diverted money appropriated tor the work to other purposes; that work was not ceased by the plaintiffs till the money had become exhausted; that the reservoir is uncompleted and cannot safely hold over eight feet of water; that to protect the work tho plaintifts are put to heavy expense; that ty order of the city authority the water im the reservoir 18 allowed to become fourteen feet in height, or eight tcet move than is considered consistent with safety by the com- tractors; that the stone facing ot the dam is liable to be washed away; that the engines and steam shovels, Property of the plaintiff, wit! be injured to the amount of 000 if the gates aro kept longer closed, Judg- ment is therefore asked for by the plaintiffs A tem- porary injunction was granted. Chief Engineer Adame reported to the Board of City ‘Works that the dam has been injured m its upper slope and its outline distigured, but no permavent injury has been done, The water is rising daily, and prompt action ts desirable, Commissioner Fowler offered a resolution, which the Board of City Works udopted, protesting against any further experiments or tests of the reservoir, and agatnst its completion upon any other than the plang originally provided for, and holding the coutractors re- sponsible jor the security of the work, ‘Mayor Schroeder is in favor of the completion of tl face of the dam, and believes in keeping the gates clozed to provide ‘water for summer use. President Siocum, of the Board of City Works, says that though the gravel (acing of the dam 1s damaged to some extent tho structure is not imperilled. 830,000,000 a—and can feed CAPTURE OF A LUNATIC, Mrs. Phillips, formerly of Washington Market, and in later years of the Lunatic Asylum on Blackwell's Island, was arrested yesterday, in Hoboken, by Police Officer Wright, for behaving in the streets of Hoboken like a mad person. She was formerly possessed of considerable means, and 18 yet comparatively well to do, She was taken charge of by the county of Hudson, by order of Recorder Bulinstedt, and will be sent to tho Lunatic Asylum. DEATH ON THE STREET. About half-past two o’clock yesterday afternoon an | unknown man was about to get on a carat the Fulton | ferry, Brooklyn, when he suddenly reeled and fell, He | was picked up and supported to the sidewalk, where ho | expired within a few minutes, Deceased, who had in his possesston several small parcels, was apparently about forty years of age and seemed to be a very re- spectable man, He had dark hair, a light mustache and was slightly bald. In height he was about five feet six. His clothes, which were new, were of black and mixed cassimere. His shirt was of a stecl gray and white mixed stuff, He wore boots and had a sud tei, ‘The body was removed to the Morgue. DEATH OF CAPTAIN PETERSON. Coroner Simms, of Brooklyn, was notified yesterday to hold an inquest on the body of Captain Peterson, of the steamer Metropolia, who was found in the Gowanus Canal, near the foot of Fifteenth street, There wera no marks of violence on the body, and it Is believed that Peterson was under the influence oi liquor whep he fell overboard, AN EX-SUPERVISOR DEAD, James Davis, seventy years old, of 125th street and ' Pifth avenue, dred suddenly from natural causes yee- terday morning. He was at one time well known asa political worker in the repablican party, He was once a supervisor, Lately Mr. Davis was an official im the House of Refuge STRIKE IN HOBOKEN. Yesiorday morning about a hundred workmen, em- ployed on the Delaware, Lackawanna and Western Railroad, struck for en increase in their wages. They | declare that their pay of $1 a day is ineuficient for the upport of themselves and their families. Oo Thursday ening they held a meeting, and resolved to ask the company yesterday to increase their wages. The re- quest was made, and refused, Tho men say they are determined not (o go back to work till their wages are increased. The icials at the railroad depot in Ho- boken have nothing to say on the subject MRS. WATERS’ GOOD NAME. To tim Epiton or tHe Hxnap:— In a court report, pablished in Wednesday's issue of your paper, an injustice bas been done to Mra C. A. ‘Waters in bringing her name before tho public in con- nection with that of so noted a swindler aud thiet as John M. Daily. In bebalf of the lady permit mo to say that the statement of Daily, as given to the public, is in every respect entirely untrue; thatall she knows about tlio man is that be is one of a dangerous gang of swindiers and thieves of whom the leader and chief is at large and figuring in Watl street; thatshe has been har- assed and victimimd by them toa great extent sinco the absence of her husband. She has done her duty in bringing the thiel to justice, She hafhim if arrenes, Hl indicted, dean ready and mane Bee him tried, so that the true nature of his offence and in crnnection therewith might be brought out, That che full penalty of the law should be meted out to him, and society be rid of him for as loogn term as possible, To her rogret strenuous efforts were made on his part, threngh his attorney, (4 be permitted to plead “guilty.” The prosecuting off- cer, without the consent of Mrs. Waters, ted the prisoner's plea of “guilty,” and permitted thief thereby to retait tol y and character and Tey Om TE ATTORNEY OF MRS. WaTkha” DOMINION NOTES, There is likely to be a very short harvest of sugar thiganring, owing to the unfavorable maple | of the weather lately and the es season, Complaints on this bead