The New York Herald Newspaper, May 13, 1876, Page 8

LS ee F “THE COURTS. The Right to Extend the Elevated Rail- | road Across the Battery. LIABILITY FOR BONDS PLEDGED AS SECURIT. | A New Indictment Against Charles | A. Lawrence. NOVEL TERMINATION TO A SLANDER SUIT. pe An argument of considerable length was heard yes- terday before Chief Justice Monell, of the Superior | Doart, on the motion to continue the injunction against | the new elevated railroad at the suit of Jeremiah V. | Spader, The company, as will be remembered, were Jemporarily restrained by Judge Speir from erecting their road across the Battery opposite plantif's prem- | ises, No. 7 Bridge street’ Mr. Spader, who claims titie through a conveyance by the city to Edmund Smith dated June 19, 1815, guaranteeing that neither the Bat- tery nor Bowling Green should ever be appropriated for private use, The whole question is.as to the construce tion of thia covenant deed. Messrs. John E. Parsons and Wheeler H. Peckham appeared on bebalf of Mr. Spader, and ex-Judge Emott and Edward C, Delevan Tepresented the railroad company. Mr. Parsons, who opened the argument, after re- siting the covenants in the deod stated that tho de- lendants assert that they succeeded to the rights of the vid West Side and Youkers Railroad, which had its tharter in 1857, He then went on to sfy that the pro- posed road was traced out over that part of the Battery originally lyimg between high and low water mark, | which, prior to March 16, 1790, composed what was | known as Fort George, the title of which the Corpora- tfon held for erecting thereon defences and public | buildings, and by thoir title they are prohibited from | disposing. ot these lands for any other purpose what- ever. The plaintiff holds titlo from the Corporation, and has paida higher price for it on account of the clause referred to, The building of that road would spoil the park and depreciate plaintif’'s property. fo further contended that the charter of tho old West Side Railrosd allowed the extension of tho lino to the foot of Greenwich strect, and that | they bad no power to connect with South ferry. | With rogard to the leense from the Park Commissioners Mr. Parsons argued that those ofiicials had no authority to control the parks for other | than park uses, save through the Commissioners of the Sinking Fund. he authority of the Commission- ers Was, he insisted, limited, and they have no right to make any disposit'on of the parks by sale or anything short of sale. He urged, further, that the use of the Battery or the purpose of having a railroad run across it isa Violation of the trust upon which the same was acquired by the city from the people of the State of New York under and by virtue of an act passed Sep- tember 16, 1790, and of the covenants contained in the deod {rom the city to Edmund Smith of the premises of which he is now seized; that the building of this railroad would greatly depreciate the value of tho plaintifl’s property and will prevent a full and treo use Of the Battery as 4 private park. Judge Emoit, on behult of the defendants, handed in & verified statement of the proccedings before the Park Commissioners, which resulted in the granting of the | license, and copies of Various opinions and statutes; also an aflidavit of James A. Cowan, secretary of the company, proving title to all the privileges of the detunct West Side Company. He then entered upon a lengthy argument in reply to Mr. Parsons, Tho rail- roud company, he said, claimed the right to build the | toad across the edge of the Battery under. a license or | with remarkable authority granted in th® name of the ‘or, Aldermen and Commonaity of the city of New | and executed by the Departinent of Public Parks, | department he claimed is vested with all the power and authority theretofore possessed, in relation to the Battery, by the Mayor, Aldermen and Common- alty of the city of New York, and any and all branches of the municipal government. The ‘plaintif asserts a Tight to complain of the exercise of this authority in | this case and to stay its exercise, apparently on the grounds that the permission given by the city for | this use of the Battery 18 a breach of a covenant m the | deed by which the cy conveyed to Smith, the plain- | tiff's predecessor, in June, 1815, and that itis a viola- tion of a trust created by an act of the Legistature, pasred in 1790, purporting to release to the city the rights of the State im certain premises do- tcrived in the act, No possible right of the plaintiff to bring such = an ___ action can be imagined upon any other ground. He isa resi- dent of Brooklyn. His property is used and occupied | for storage purposes, Neither it nor any property near | it is occupied tor dwellings. The railroad does not pro- | pose to luke nor to touch bis property. It docs not come within 308 feet of it, His pruperty 1s situated on & cross street running perpenuicularly to the Battery and to the railroad track. His property does not tront on the railroad, so as even to be affected by its con- | struction or use. Nor does it fropt on the Battery, 80 as to be affected by any use of that piace or park. He must theretore show that be is entitled to the exercise quitable power of the court, and to an injunc- held that he should have been tried tor only one offence, | the one under which he was extradited, and pleaded this in abatement, but the plea was overruled by Judge Benedict, The new indictment is substantially the same a8 the previous one, and contains a large number of counts, It is a serious question if the trial will ever begin or ever terminate. It bas been several times asserted that Lawrence was | pared to make « confession which would implicate a number of officials, and District Attorney Bliss as often siated that the government would not receive the con- fession but would try the case. Lawrence himself a fow evenings since stated to a visitor in Ludiow Streot Jail that bis cage would never be tried, and his manner during the conversation was exceedingly confident. Legally A gn the refusal of Lawrence's counsel to plead will not retard the triai, should both sides be ready to goon, It 1s said that Mr. Sidney Webster will be retained in the case as special counsel for the gov- ernment, VIRTUE VINDICATED. Mary Biogiatti, a fair daughter of sunny Italy, and but eighteen years of age, learning that ehe had been slandered in respect to her virtue by one of her coun- trymen, named John Dalbert, sought, through her guardian, such reparation as the courts could give her, With this view suit was brought in the Marine Court to recover damages against the derer, which came to a conclusion yesterday, before Jndge McAdam. Numerous witnesses were examined on both sides, and the Judge, holding the words spoken by the defendant to have been slanderous and untrue, gave a verdict for $100 in favor of the plaintiff. After the rendering of the verdict another scene ensued which was not set down in the bills. It sppears that when the slanders against Miss Biogiatt: were uttered | she was receiving attentions with a view to marriage from one of her young countrymen, named Peter Buj- letti; but when ho heard the sianders he refused to marry her until they should bo disproved. When, therefore, tho result of the trial was an- | nounced,’ the friends of the young lady aud her admirers got around them, and, alter cousiderabio animated conversation, induced the | young people to get married there and then, and thus give tho lady's virtue a double and emphatic vin- dication, Mr. J, Stewart Ross, who appeared as coun- | sel in the slander caso for the plaintiff, announced to | Judge McAdam as the resuit of the consultation of the principals and their friends that they wished two be joined in matrimony. In response, Judge McAdam called attention to the fact that there was a clergyman present of the same church as theparties and sug- gested that he might more properly perform the cere mony. To this the parties rejoined through an inter- | preter that it was the custom im Italy to havea civil marriage and a(terward they could have the coremony performed in the church; the civil marriage they wished to have porformed then, Judge McAdam com- pied with their wishes, COST OF CITY AWNINGS. In December, 1872, the Supervisors allowed a bill ot Mark Lanigan tor awnings for the courts and court offices at $10,:35, In May, 1874, a receiver of the plain- tiff in supplementary proceedings obtained # peremp- tory mandamus to the County Anditor to audit and allow the bill, and the Auditor certified the bill to the Comptroller as allowed by him at $6,124, which amount the Comptroller paid, and suit was brought tor the bal- ance, The Court directed a verdict for plaintiff, but afterward ordered a new trial, and the plaintiff appealed to the Generat Term of the Court of Common Pleas. In giving the qpinian of the Court yesterday Judge Van Brunt said the only function of the Auditor was to seo that the voucher was a county charge, and he was bound to cllow it at the amount for which tt was audited by the Supervisors; that the examination of the claim by the Auditor is a condition precedent to compelling the Comptroller to pay; that no such fact bad been establisned; that no retarn having been made to the mandamus there is no final judgment, and on such return being made plaintiff might object thatsuch an audit was nota return to the mandamus, and that the order below therefore must be atlirmed, with costs. EFFECTS OF A SECOND MARRIAGE. Samuel L. Young, in an outburst of parental aftec. tion, conveyed all his real estate to his daughters, and on the same day the latter executed to him a life lease on the property, Mr. Young was then a widower and his daughters grown up and married. Subsequently on taking to himself a second wife he repented of his lib- erality and brought suit to have the conveyance set aside, On behalt of the daughters a motion was made for the appointment of a receiver of the property in question on the ground that Mr. Young was collecting the rents but leaving the taxes and assessments un- paid, It is averred that the second Mrs, Young pre- yented the papers being served on Mr. Young, and 80 another motion was made fora substituted service, which was granted by Judge Cartis, of the Superior Court, A motion was then made to set aside this order, which motion, together with the one for the appoint- ment of a receiver, was heard before Judge Spetr, of the saine Court. Judge Speir gave his deceision yesterday refusing to vacate the order of Judge Curtis and grant- ing the motion for a recetver. SUMMARY OF LAW CASES. Before the Supreme Court, General Term, yesterday was argued the case on appeal of Anna Wagenan against George Kemp, impleaded with the city. The circum- stances of the case bave already been published. The plaintiff was injured through a bridge constructed over an excavation in front of Kemp's premises, The Court took the papers. In addition to the sult pending against Charles A. Lawrence in the United States Court there has been one commenced in tho Superior Court, to recover on @ ! Judgment for $327 27, found against him in 185®@ Tho nist this deliberate act of the publicauthoritics, | either because it is a breach of a covenant with bim, | use ft is a breach of a trust of which he can | the Department of Public, Parks was most dei and well cousidered, Public discussion was invited and arguments made by the Jearned counsel who now asks for this injunction and | others, keports were Park Commissioners and by the L: tect. The opimon of the Corporation Cou taken, after he was miormed of the views pr opposition to the request of the comp grant was finally made m the form of a license, re- vokable at any time, with his advice and approval as to 11s form and contents. lie insisted further that the hicense or authority given by tho city to the defendant ss therefore not au appropriation of the Battery to yrivate use; that no action, even for daiaages, will ho | ape Archi- cel was | | remove Dillon and dofence is that he is exempted trom payment through baying gone into bankraptey. Judge Speir, of the Superior Court, yesterday dis- Ived the injunction he issued agamst Stuney Dillon and Jay Gouid at the suit of Rutus Hatch, and « missed the entire proceedings, bot on account of fal deiects in papers and on the meriis. uid f.om directorship of the Pa- cific Mail Company and prevent them from settling cer- tain suite Messrs. Dillon and Gould were represented by the attorney of the company, Mr. Hatch by slessrs, Sowell and Bierce. Ex-Sherift Brennan’s suit against the city to recover some $53,000 feos, allegea to be due him irom the city, ‘was continued yesterday betore Judge Var Hoesen in the Court of Common Pleas, Tiere was a lengthy argu ment ona motion made by Mr, Straban, plainuil’s counsel, for a immediate direction to tbe dary, to find The suit was to | H. 3. Bennett, and | or a breach of the covenant in the deed to Edmund | for his client on the ground that the audit of the Board Smith, aud that as the Batiery is applied to public | of Supervisors approving the bill was conclusive and uses, the precise nature or character of any such use | final and could not be reviewed except on certiorart. is in the discretion of the city authorities, He claimed | Mr. Carter replied, claiming that the bill was fraudulent, that in point of fact the title of tne city to the portion | of the present Battery over whicu Ube structure is to be built is not cerived from th> State under | the act of 1790, bet either from the British Crown under the Hongan and Montgomerie charters, or from the State under the act of 1 consid- ered in the Phenix case, or, as some of the judges held tu that case, trom the act of Congress of 1822 and the furrender and delivery under tt; that the part of the present Battery in question was wholly below high wa- ter mark in 1790; that part of it was below low water | mark and that it was pot at that time part of the Bat- | tery, but was either part of the shore or wholly under | water at all times, But, aside trom this answer tu thin | art of the suit, the titles of the defendants to ull the | franchises they are exercising everywhere 18 compicte, without invoking any acts or paris of acts which can be fauited as unconstiiutionnl; aud as to this connec- tion with the South ferry, their rights are wholly in- | dependent of the statutes re‘erred to in this compla'nt, As to the claim, that thig injunction should be granted | to the piaintiit, bocause*the route pursued by the de- | fendanis varied trom that midicated by the | Rapid Transit Commissioners, he urged that it the people of the | Siate of New York, and the Corporation of the city of New York make no complaint of this variation it does not con- cern the plaintil; that there 1s no variation; that tho ronte laid down by the Commissioners 1s along the edge of the Battery; that the presont structure is built from five to tweity, thirty, and in one piace 100 teet trom the mathematical line, which is the outer limit of the Battery; that it is placed where the Park Commis. | Bioners apd their architect believe it was best for it to go; What it is where it will be less of an obstruction and a blemish than if it skirted the Battery along the sidewalk; that the courts will pot, at the complaint of | & mere outsider, go into a question of discretion like his, or reduce the “edge of the Hattery” to a mathe- matical line, and that, independent of all this, the de- fendants bave good right and title to the territory, from the consent and license of the city, Without fesorting to the powers or acts of the Rapid | Transit Commussioners, Following tho close of the Argument Judge Monetl took the papers PLEDGED BONDS. On the failuro of Honry Clows & Co. in this city and Clews, Habicht & Co., of Londov, Henry Hen- | pequiu & Co,, of France, ha 000 of Toledo, Peoria and Warsaw Railroad bonds deposited as secarity with the New York house og account of a running credit | for $6,000 with the London touse, These bonds had | been in the meantime pledged by Clews & Co. to But. terfleld & Co. for louns amounting to about $700,000, and being unable to secure them ovliged to give Hennequin & Co, twenty-nine first mortgage bonds of the Burlington, Cedar Rapids and Minvesoia their own bonds. case was tried tu U question to be di Accepted the pleage in Clows & Co, were not the they were taken in guor! fait business, and therefore disn: against the Butieriicids. THE LAWKENCE CASE. The case of Charics A. Lawreuce, which hae been in the United States Court for a} Ume, Will come up again ext Monday for tral, on a new inuictmout prepared by District Attorney Ilse. At the Iasi term ofthe Circuit Court Lawrence, throngh his counsel, Mr. Tracy, refused to plead, on the ground of want of nly is hat He deentes that in the usual course of exes the complaint as Decision was reserved, Jonn Loehr, a match manufacturer, of No, 427 West Fifty-fourth street, was arrested yesterday upon an in- dictment charging him with presenting a fraadulent claim to the Revenue Department. The allegation is that subsequent to the destraction of his premises by fire some time ago he made a false statement of the number of revenue stamps in his possession that were destroyed, and fur which he demanded recompense. The accused gave bail in the sum of $6,000 to appear for trial. DECISIONS, SUPREME COURT—SPECIAL TERM. By Judge Larremore. Grissler et at. vs. Browning et al—Demurrer over- Tuled, with leave to answer oa payment ot costs, DelaGeli vs. Smith et al —Findings settled. SUPERIOR COURT—SPRCIAL TERM, By Judge Speir, Carter et al. vs, Youngs, &c.—Defendant’s motion to vacate order of Judge Curtis denied and tho plaintifis’ motion for the appointment of @ receiver granted, | Memorandum, Hatch vs, Gould et al —The order granting an tnjane- tion herein must be vacated and injunction dissolved on the merits, Order settied on notive the 15th inst, ateleven A. M. Hale vs. The Omaha National Bank.—Order on re- | mittivur, By Judge Sedgwick. Hennequin et al. va. Ciews et al.—Plaintiffs’ com. jamt dismissed against defendants Butterfield & . Memorandum. Pursell va. The Mayor &c,—Findings settled and filed. Greer va. Tillingbast.—Plainti’s comp'aint dis- fon and that defendant have Judgment acco Wood va Dex! rit of inquiry ordered, Poillon ¥s. Lawrence, et al.—Motion denied. COMMON PLEAS—SPECIAL TERM, By Judge Van Brunt. 1 | The Ferroplastic Manuiacturing Company va Beckel- haupt—Motion demed. See memorandy Hubert Clark v8. Charlotte Clafk.—Ke coniirmed. 3 isa Kueny vs Ernest Kueny.—The proof of the of the summons does pot couform with the ‘ce’s fF. port rule MARINE COURT—CHAMBERS, By Judge McAdam. Freeman vs, Carlton.—Detendant discharged from imprisoniwen Watrous vs, Parry.—Defendant ordered to file pa ers. Pele Moorvs. Hamburger. —Complaint dismissed, Cawmon vs. Almy. —Proceedings dismissed, Dong aes vs isrown.—Third party ordered to pay An order may be entered we as attorney tor plaintil Jeceasen. sheritl ordered to give ap prop- Amendment allowed, ght va Cumpt adhier v3, Scbia yt vs. Fowler; Hobart nks; Whitne ; Abrens vs, Conner; ¢ YS, Kroiling. Motions granted. ime v4& Rav.—Mowon tor judgarent det |, Without cowts. : Markyrat vs. Krewdenwig. Final order made, Ky Chief Jastice Shea, Loods ve Molle for a new trial | The on minutes of trial The sale was not one by sam- ple; the butk of tb purchased wore presente at the time of the tri d expable of beng ox amined by the pureh Words spoken by the agent Were bot intended asa Warranty, nor con au OX- press warranty be inferred ty lawas their ettvet. tn | the absence of traud, which {s not imputed in this exse, Verdict, with five per cent ce, COURT OF GENERAL SESSIONS. Before Recorder Hackett. THE ‘‘ ABDUCTION” OF BETTIE HALT. Josephine Fisher and John Fisher, the latter's real pame being Maurice Obermeyer, the proprietors of the disorderly house in Greene street from which the girl Hettie Hall said she was escaping when found running throngh Princo street dressed in fancy costume a fow nights ago, were arraigned yesteraay for trial, Two indictments were filed against the prisoners, one for keeping a disorderly house and one for abduction, They were tried and convicted of the first offence. With respect to the second indictment Assistant Dis- trict Attorney Bell said he was vot inclined to prose- cute, und a nolle prosequi was therefore entered. The girl Hail testified to the character of the house, She admitted elf to be a prostitute of a very low grade, althougb but a child in F pen and while on the stand her manner was that of one wholly depraved. His Honor sentenced each of the prisoners to pay a fino of $250 and to undergo twelve months’ imprisonment in the Penitentiary. A BAD “PILL.” James McCormick, alias “Pill,” a baker, of No, 43 Laight street, pleaded guilty to burglary in the third degree, and was sont to the Penitentiary for two years, On April 4 be broke into the apartments of Zuchariah Westtield, No, 8 Gansevoort strect, but did not con- trive to steal anything, STOLE TOOLS; Jolin Levy, of No, 523 East Twonty-ninth street, and | Edward Wilson, of No. 218 East Twenty-eighth street, | who stole a iot of carpenter tools from John Brady, of No, 223 West Twenty-ninth street, pleaded guilty, and were sent to the Penitentiary tor 6ix months each, POLICE COURT NOTES. At the Tombs Polico Court yeaterday, before Justice Murray, Thomas Holmes, of No, 18234 Cherry street, was held to answer in $3,000 bail on complaint of | Honry Doyle, of No, 64 James street, who charged that while standing in front of Ins restdenee on Thursday afternoon the accused snatched from his vest pocket a | watch valued at $15, Charles and Madeline Gerlish were yesterday com- mitted tor trial at the Tombs Police Court on a charge of keeping disorderly house ‘n Hester street. Daniel Mangan, of No, 64 Montgomery street, asked John MeUartny,’ of No, 305 East Forty-sixth’street, who pretended to have iniuence at Police Headquar- ters, to he!p him to get on the police, MeCartny told him that $100 was ail the influence he needed, which, he said, should be given to Commissioner Erhard. Mangan’ procured the money and paid it to a man whom McCarthy told him was Mr. Erhardt, at the St Nicholas Hotel, Not receiving his appointment, Ma gan obtained a personal interview with the Com- missioner. The result was the arrest of McCarthy. He was brought up at the Fitty-seventh Street Police Court yesterday and rematded’ to enable the police to discover McCarthy accomplices, the latter retusing to tell who they were, David Fl herty, of No. 161 East Thirty-second street, nes of striking his mocher, who is seventy wo and palsied, with his élinched fist and The son was held for trial, years of knocking her down, David Bird, of No, 36 Skilman street, badger 0 was | arraigned on'a charge of sicaling a horse worth $150 from Henry Krone, of No. 175 Montgomery street, same city. He was held for trial, Roundsman Magan, of the Eighteenth precinct, brought into the Fifty-seventh Street Court two Italian flower girls whose only offence was sell- | ing flowers to people attending the fair in the | Academy of Musie and being out at_a inte hour. | The officer exhibited a letter trom the Sociery for the | Protection of Children asking for the arrest of some of the flower girls and saying that the society would heip | to have them sent to prison. The Court decided to send the children to the Catholic Protectory. The father of the girls was in court and said he was unable, because of an affection of the lungs, to do any work, and his only dependence for the necessaries of life was | on his children. He appealed to the Court to discharge them this time and he would never send them out again at night, The request was not granted. | THE "MARINE COURT CLERK. | New York, May 12, 1876, To THe Evrror or tox HERALD:— Your issue of the 2d inst, does mo injustice. It in- timates (if, indeod, it doos not directly charge) that I was in Albany, without the knowledge of the judges of | the Marine Court, lobbying through the Legislature a | bill giving me more power than ‘the whole bench of | judges,” and that all this was, fortunately, disclosed in time by one of tho judges, who, suspecting me, took atrip to Albany and made the discovery. This state- ment was so untrue and so injurious to my character | that I woald have contradicted it at-the time, but that Iwas assured by moro than one of the judges that | they not only’did not believe I nad betrayed their in- | terests, but that they would promptly take occasion to vindicate me. 1t1s now the 12th of May—eleven days | since my removal—yot this promised vindication has not yet made its appearance, so I am oblized to speak | for mysel€ The public is interested in other questions connected with my removal than those em- braced in the article I reter to, eo you will pardon me if 1 am somewhat eee in iny statement. For many years 4 the Marine Court was looked upon as a sort Of legitimate treasury to pay the bills of | the latest political organization in control of the city, and its Clerk’s office as a hoapttai ior ward politicians who had suffered inthe service, The aoti-lammany | organization, of which 1 am a secret: looked for @ reormation in this respect under me, and in one par- ticular | fatter myself 1 bave carried out its hopes, tor the City Chamberlain's office will show that my prede- cessors in office, evor since the court was csial } paid to the city in apy one year, on fees received vy | them, not more than an average of $175 per month, | while my average for the four months | was in ovilice ‘was over $1,200 per month. So much for thogtreasury. As to the hospital, it was beyond my reach fo reform it, tor, strange as Seem, although the law held | | me responaible for acts of my subordinates, It gave me no power over their employment or dismissal, a | state of aflairs which does not exist in any other court | of record m this city, On several occisions I found | | that this worked disadvantageously, both for the good | | of the public service and the welfare of the city trease | ury, but satistied myself by calling the attention of the | | judges to the fact, who ured me that these things would be remedied by and by. Near the end of | the Legislature there were several bills under consid- | eration affecting the Marine Court One proposed to | give to me, as Clerk, the power to remove ana appoint \‘iny eubordinates, the samo as the assistant clerks are | removed ana appvinted in other courts of record, and | the other reduced the salaries of the judges ‘from $10,000 to $7,000 per annum, I knew nothing of either until I read of them in the newspapers, and to this day never bad their mtroducers or anybody im their imterest approach mo as to whatl would do in case the Clerk's bill should become a aw, The judges were opposed to both bills; and at the urgent request of two of their number, and with the | knowledge of certainty three I went to Albany, as their agent, to say for them that they were opposed to the | bilis becoming a law, and to keep them iniormed as to | the progress of the measures, All this 1 did taithrully and honestiy; and it was at my request that one of the judges came to Albany, as I prove by letters and telegramssent and received. cdpies of which I have m my possession and which may be seen by any person questioning my statement When | | 1 was removed the judges volunteered a statement of their confidence in my faithtuiness and of my capabil- ; ity as a clerk, going even further in their praises than | | Teare to mention here, and gave mo distinctly to un- | derstand that a threat haying been made against their | | court by a State Senator suould they attempt to inter+ fere with the reforms proposed in his bill, this was | | the enly way lett to them to vindicate their dignity and | | independence, Of course, if dignity and independence — can be so easily given to the Marime Court, it 1s har@ly | | proper that I should object toa “‘consug mation so de- | Voutly to be wished,”’ even though I suffer a tempo- inconvenience thereby. Bat I cannot wait longer | | t promised vindication aud hence this lower to | the public. Very respectfully yours, JORN D. COUGHLIN. ‘NOT THE MAN. : New Yorn, May 12, 1876, To tre Evtror or tue Heraio:— 3 In the report of a ‘Struggle with a Lunatic” in yes- | terday’s Hxnaup the supposed madman’s name is given as George Clark and his residence Astoria, I. I. | | As this is catoulated to injure me if not contradicted, I | beg you to publish my statement to the effect that I | am the ouiy George Clark at present residing in Astoria; that I am not considered a lunatic; that I have never attempted suicide, havo not been on a | Hoboken ferryboat for yearse bave never been ar- | rested in my hie, and, fu short, that 1 am not the per- son mentioned in the above, GEORGE CLARK, | {The person who attempted suicide in Hoboken gave | bis name as George Clark, residence Atioria—Ep, Henao j | TRIAL OF CAPYAIN LOWERY, Captain Lowery, of the Sixth precinct, was placed on trial yesterday before Commissioners Smith, Wheeler and Nichols, on a charge of neglect of duty in failing to prevent the sale of hquor in the Atinntic Garden on | Sunday, the 7th inet. Counsellor William F. Howe | appeared for the defence, and proved by the blotter of | the station house that the Captain bad sent twd men to | the piace on the day in question, dressed im citizens? | | clothes, with instructions to arrest if liquor was sold, For the prosecution the inspector of the First district | | testified that be personally witnessed the selling of ber in the garden on the Sunday mentioned. Counsellor | Howe then endeavored to show that the beer sold was “Piisner,’’ and Was notembraced 1u the category ol in- toxicating drinks. The case was referred to the tull Board. | | / AN DITOR ROBBED. | Yesterday morning & woman obtained admittanee to the residence of Charies A. Dana, No. 76 West Eleventh strect, and while the servant went up stairs stole . gatindiotion, and Judge Bpnedict, theretore, ordered a | the doctrine of caveat emptor appiigs to this class of | sliver water pitcher worth $30 that was im the hail | the courts have been required to consider whether the | * action .could be maintained without the verdict of a NEW YORK HERALD, SATURDAY, MAY 13, 1876.—WITH SUPPLEMENT. ; Plea of not guilty to be entered for bim. His counsel | transactions. Tho judgment can be entered on the MOULTON-BEECHER. Argument by Opposing Counsel at General ‘Term Yesterday. THE DIVERSE POINTS PRESENTED. Long Statements in Reference to the Demurrer. » Povcuxrspsm, N. Y., May 12, 1876, The case of Francis D, Moulton, appellant, against Henry Ward Beocher, respondent, was argued at the | Gencral Term this morning. Roger A, Pryor appeared | for Mr. Moulton and Thomas 8. Shearman for Mr. | Beecher. It was an appeal from Judgo Dyckman’s de- | cision sustaining a demurrer in the famous suit for ma- licious prosecution against Mr. Beecher, Each counsel occupied three-quarters of an hour, and the Court House wan crowded, many clergymen of this city being pres. | ent. During his argument Mr. Pryor alladed in a pa- | thetfo manner to Mr. Moultcn’s psition, asserting that he js nearly ruined financially, having bean compelled | to part with his property to defray tho expenses of this serious troubie, Mr. Shearman’s argument was con- fined closely to his points, The Court took the papers and reserved its decision, ‘THR CASE FOR THB APPELLANT. On behalf of the appellant counsel submitted th fol- lowing as his statemont of the case:— ‘Appeal from judgment entered on order sustaining demurrer to complaint. for abuse of legal process, to plainti(’'s dam- ecttle points. presented for review, are:— Whether an order of nolle prosequi granted by the Court on motion of the District Attorney, and entered of record, be ot such an end of the prosecu- tion as will support the action; and Second—Whether, on the special and peculiar facts of the case, the action may not be maintained, without a technical termination of the prosecution. The following were the points submitted :— First—Ifs criminal prosecution be capable of ter- mination by a nolle prosequi, the complaint is suitl- cient; tor 1 alleges the prosecution was wholly ended and determined. Tho reference to the nolle prosoain only indicates the manner of the termination, ut does not qualify the fact of tho termination a—The gist of the action for malicious prosecution is the want of probable cause (Johnstone vs. Sutton, LT. R., 544), and the averment that the previous action is actermined does not touch the merits, but is a mero “technieu! prerequisite.” b—Originally, upon a false analogy to the writ of | conspiracy, ®™ technical acquittal was indispensable to the support of this action. (Holt, J., in Goddard va. Smith, 6 Mod., 262; 2 Selwyn’s N. B., 1,062) Now, | however, it 18 not essential that the prosecution so | termimate as to discharge the offence and oppose a bar toa fresh procceding, An end of the particular prose- cution suilices. e—Here the particular prosecution is determined, In acivil action a nolle prosequi ‘1s an acknowledgo- ment or agreement by the plaintiff entered on record, that he will no furt prosecute his suit.”” d—A nollie prosequl issuch an end of the prosecution, as will sustain this action, Entry of a nolle prosequi be ndot the presecation, the defendant’s dis- charge follows as a legat consequence. If the nolle be not an end of the prosecution, then an allegation of ae- fendant’s discharge would be nugatory. Second—On the 8] and peculiar facts of the case ee action will lie though the prosecution be not at an end. a—Hitherto the argument has assumed that, until determined, a legal proceeding cannot be made a ground of action, + But the rulo is not inflexible, and, being a mere ‘technical prerequisite” (supra, point 1), like formal notice or demand tm certain other actions, the condition 18 waived when inconsistent with the claims ot substantial justice. b—The complaimt, of which all the allegations are admitted by the demurrer, exhibits a case of unique atrocity and oppression. From ail other instances of mulicious prosecution reported in the books this is dis- criminated by the circumstance that it was nolle prossed at the special request of the defendant and against the protest of the plaintif”, It is admitted that | if the prosecution were at an end plaintiff would havo | redress for the outfage of which he 1s the victim; ‘but defendant himself is allowed to perpetuate the prosecu- tion and 80 to escape retribution, THK CASE FOR THE RESPONDENT, Mr. Shearman, on behalf of counsel for the ro- spondent, submitted an argument on their motion to have the dicision of the lower court confirmed. Ho stated that this is an action for malicious prosecu- tion, the complaint in which sets forth that tho de- fondant instituted a proSecution aguinst the plaintiff for libel, upen which he caused the plarnti{f to be in- dicted and arrosted, but that afterward the District Attorney, by Jeavo of the Court entered a nolle prosequi, and that in this manner tho prosecution against the plaintiff was terminated in his favor. To this complaint the defendant demurred, on the ground | that at does not state facts sufficient to constitute acause of action. The demurrer was sustained by Mr. Justice Dyckman, at Spocial Term, and judgment | ontored thereon, fromwhich the plaintiff appeals. The following are the points submitted by counsel in their argument :— First—It has been settled oy innumerable adjudica- tions, only a lew of which tt can be necessary to cite, that an action for malicious prosecution cannot be sos tatned uniess the original prosecution was finally de- terinined in favor of the plainuff before the commence. | ment of the action. Second—The complaint must show how the original prosecution terminated, and it must state that fact in to raise some presumption that the ton. This can only be done omething which t#.in lat by all oqaival ent thereto. This rule is laid down, either lit- erally or in substance, in many cases, Third—Any statements in the complaint asserting | ing an acquittal general language that the imal prosec: given as a description of mination aro not suificient to show lact, the courts disregard the oth as mere ne ral ler ae int wil eld insufficient, while, upon the te evidence will bo confined to a determination in ins i! manner specifically alleged. | ‘Fourth—A noile prosequi, entered before the trial of an indictment, ts not a final determination of the prose- cution, It is no determination of snything. It isa mere declaration oi the prosecuting officer that he d: ‘not intend to proceed, which declaration he can revok and aiter its revocation the Court has power to try tno accured under the same indictment, Fifth—Accordingly it has long been settled by the decisions of courts of the highest authority that an action for malicious prosecution cannot be sustained whore the original prosecution was not terminated in any other manner than by the entry of @ nolle Lape Wn that a mere abandonment of a prosecution not suificient canse, since, as we have shown, a nolle prosequi ip criminal cases i¢ nothing more than formal deciaration by the Attorney General or Di trict Attorney that he docs not to continue the | prosecution. Seventh—the doctrine for which we contend ts in- | 7, ferentially supported by a large class of cases in which petit jury. Some of these cases are cited by the platn- | tif, but they can only be made tu appear as authorities — in his favor by partial quotations, not taking inio ac- | count the fucts of case, Wegbail endeavor to | state them here with sufficient fulness, and it will be seen that they afford po countenance to this suit. Eighth—The averment in the complaint that the nolle | ui was entered at the request of the deiendant, aud in opposition to the will of the piainwff, is entirely immaterial, and cannot affect the question now before the Court. Ninth-The provisions of the New York Revised Statutes (2 R. S., 728, sec. 54), giving to district attor- neys power to enter a nol. pros. with the consent of the Court, docs not in the least affect the question here to be cqpsidered. nor change the effect of a nol. pros when entered The Court has nothing to do with a nol. pros. except to graut a mere permission to the dis- trict attorney to enter it if he sees fit todo so. The | nol. pros, whon entered, is a mere act of the district attorney, and inno sense an adjadication or order of | the Court, which bas no power to compel him to enter | it fgaunat bis will, | should the Court coosider the question as one entirely new, and without being governed by previous | dcewsvons of the courts, the same conclusion must be | reached, if any regard is to be had to the general | rinciples Which have governed the administration of | justice in Other muttors by the tribunals of English ‘and American law. Actions for malicious Prosecution aro looked upon with disfavor (ver Hott, C. J., Savile ‘vs. Roberts, Carthew, 416; Pantoune vs, Marshall, Say, 162), for, a8 Lord Camden suid, ‘Courts will be cai tous ‘how they discourage men from suing” (Josly: vs, Wilcock, 2 Wilson, 202), an expression which was etted with approval by the Supreme Court of Massa- chingetts. . (Curdival va, Smith, 109 Mass, 159.) Upon this principle the courts extend protection to surtors in private actions against ere, harassment by ac- tons for malicious prosecution or false imprisonment, and there is much stronger reason (or doing so where ations are tay for the public benefit and in the name and under the cuntrol of the State. Eleventh—Even if the doctrine of the cases cited on the part of the plaintiff from Indiana courts should be acce| Jaw, yet the plaintiff has not brought bim- self within the range of those decisions, because there & judgment discharging the plainuf from the indict- ment was specially pleaded, and here there is no sach allegation, The demurrer is well taken, and tho judg- THE BROOKLYN BRIDGE. jf Seer A STARTLING EXHIBIT—WILL NEW YORK COM- MERCE BE CRIPPLED BY ITS COMPLETION? The question of the completion of the Brooklyn Bridge is agitating the dock men, shipowners, ship- builders and warehousemen from Corlear’s Hook to Grand street as no question has moved them for fifty years, Soa Hxnatp reporter was informed yesterday, and he immediately assured himself of the fact by per- sonal interviews with a number of the most prominent property owners, shipwrights and others on South, Water and Front streets. Captain Briegs, President of the New York Floating Dry Dock Company, whose office is No, 254 South street, said:—‘‘1 speak in no narrow senso when | tell you if the wires are ever stretched across that bridgo it will virtually close the Kast River to all large vessels, I have been a shipmas- ter for torty-years, and I know the navigation of the locality thoroughly. The distance between the.rondway of the bridge and the river now is admitted to be only 135 feet, and 1 can procure you a i:st of a number ot vessels that bave to pass under it whose masts range from 140 to 205 feet Nor 1s this such a alight thing as tome of the newspapers havo chosen to consider it, the lowering of topgallant masts of vessels, Consider, in case of hurd ‘winter weather, when the rigging ig frozen and ropes can be snapped almost by the touch of a man’s band, | the cost and labor of such work. There aro no mon, haps, more public spirited or more in favor of pub- lic :mprovements and the conveniences of rapid trao- sit between the cities than those whose interests le on and aro adjuceut to the water fronting street. Mr. A. | B. Miller, Thomas Freebo n, M. 8. Driggs, George W. | Roosevelt and scores of othe:'s equally well known will bear testimony to the desire that the bridge should be “built, but very properly tusist that it soouid be high enough to permit vessels to pass without lowering their topmasts, which in some instances would involve an expense of several hundred uollars, to say nothing of the delay which would ensue. THE ACT OF CONGRESS e specifically: states that the construction of the bridg’ should ‘not obstruct, impair or modity navigation, and L predict if it is completed on the present plan it will reduce the valuatiun of water front property over forty per cent.” Mr. G. W. Roosevelt said:—‘I ama sparmaker and | shipwright, and have on interest in about forty vessels; 8 good Many have masts from 150 to 190 ject in height, but, beyond my own interests, I believe there are hun- dreds of ships that will nOt enter tne port if this Brook- lyn bridge obstruction fs completed. Here is a list of a Jew vessels the masts of which are (rom 150 to 205 icet in beight:— HKIGHT OF SPARS FROM KELSON TO TRUCK. Ships. Ft. In Sptps. st In, James Foster, Jr. 159 9 Alexander Marshall 1 Great Wostern..... 1 Guy Mannering.... 173 11 205 Harvest Queen 17 8 i oP axnoceowceus Acapulco, City of Peking. \ 6 Mr. Roosevelt added that the committce who recently appeared before tho Aldermanic Committee on Roada, Tunnels and Bridges represented tre leading shipping and warchousing tirms on the water front, and if they could get no relief trom the Board of Aldermen thoy certainly would go to the courts and ask tor an injunc- tion against the perpetual damage to their property. “I make about the following calculation,”’ said Mr. Roose- volt, tas to the height of the masts’ on large ehips:— Lower or matnmast, 90 feet; topmasi, say 55 feet; ton- gallant mast, royal pole, &c., say 70 lect—making 215 feet; irom which deduct 18 fect; taking off the doub- lings you have sill a height of 197 feet. Now, we havo from Corlear’s Hook to Grand street about one mile of dock property, and one of the finest shelters ia tho winter some vessels seek this anchorage simp!, lor the shelter, andI venture to predict after the bridgo ts completed—if it ever is—that all this shipping will be driven to New Jersey, Staten Island and otier places, ’”. Mr. James M. Thompson, a harbor master, stated that the deepest and best water of the city was east of the bridge, and that muny of tho vessels of the heaviest tonnage found wharfage there, Unless the bridge was built of the proper height ibe warehouses above it could only be used as tenements. 1t will thus: be seen that the great stone piers may not serve the uses contemplated for them without great opposition, t REOPENING OF BRIDGE STREET FERRY. It ts proposed to organize a now ferry company and Yeopen the hne from Bridge street, Brooklyn, td James strect, New York, The resdenis and property owners in that section of Brooklyo di nd the lerry, and will contribute largely toward the now company, REAL ESTATE. The following sales comprised the business at. the Exchange yesterday :— E. H. Ludlow & Co, sold, by public auction, a three story brick house, with Jot, 25x98.9, No, 16 East Twenty-ninth street, south side, between Fifth and Madison avenues, for $22,500, toG. K. Otrs, Also, in foreclosure, & house, with lot, 16.8x160.11, on 104th Btreet, south side, 133.4 feet west of Third avenue, for $4,000,-to the plaintitt. Hugh N. Camp sold, in foreclosure, a house, with lot, 25x100, No, 1,523 Third avenue, east side, 20 foes south of Eighty-sixth street, with a plece of land, 10x | 23. adjoining the rear on Eighty-sixth street, for a to Julius J. Lyons Also, in foreciosure, one * Jot, '28.1x100, on east side of Teuth avenue, 251 foot south of Sixty-seventh street, for $2.700,to H & + Stone, and eight lots, 20Qx104.4, on Sixty-sixth street, south side, 125 feet east of Tenth avenue, for $17,650, to same purchaser. V. K. Stevenson, Jr., sold, in partition, a five-stor brick house with store, 25xi2, No. 421 West Sixteon! street, north side. 250.2 ieet west of Ninth avenue, for $16,560, to David Block, mortgagee. Also, similar port for vessels; the water 1s deep and clear, and in | _— THE RUSSELL MURDEF + A CRIMINAL WANTED sINcE 1871—-sAN FPA CISCO SURRENDERS HIM TO BROOKLYN—TES PRISONBR'S STATEMENT. Yesterday morning John T, Hailinsn, the alleged murderer of William Russoll, arrived in Brooklyn from | San Francisco, in custody of Detective Kaiser. Tne Prisoner was taken to Police Headquarters and inter- | Fogated by Superintendent Campbell, after which he | Was permitted to make a statement to the reporters. Hallinan,-who appewrs to be a quiet, inoffensive look- | dug man, ts about thirty-four years of age, of light com- | Plexion and rather slender physique. He told bis | story inan easy and* impressive manner. The sub Stance of the narrative is thaton June 27, 1871, Wilb tam Russell was one of a gang of ew ployed on the tobacco inspection wharf, foot of Doc} street, South Brooklyn, The prisoner, whe | was foreman of the gang, took up @ subscription among tho workmen to purchase oaiimeal and ico to pub in @ pail of water the day being very warm. Russell would not contrib. ute toward the purchase, and Hallinan remonstrated with him for his parsimony. The deceased persisted in drinking the ice water, and about noon the prisones told bim tbat be must find water elsewhere, he could not havo any of theirs. Soon after that the prisomes says he saw Kussel! approaching bim, carrying on hus shoulder a roller or stick, and going ap to him deceased said to the prisoner, “You are nothing but the whelp of ashoemaker,”’ “What 1 did at that time,” said | Hallinan, “I don’t know; but I did not intend to do ' him any’bodily harm. He fell, and I took bim | being assisted by Mr. Raymond, I washed him | stopped with niin for an hour. A doctor was sent for, and a friend of mine toid me that I had better leave, ag I would be turown into jail if 1 stayed there, and Russell would be ail right in a few days. I then and weut to the house of a friend of mine, out side the city, where for three T was Jaid up sick from the shock I received, I soon alter went to Chicago, whore 1 got employment on the | Chicago, Lake City and Wesvern Division have a jetter here (showing 1t) trom the Superintendent ot the road, Mr, Davis, recommending me ass sobes and industrious mav.. The wages of drivers were re duced in Chicago ana 1 left that job and went on to San Francisco to better myself, not because I heard that the police were after me. I kuew that this thing would come out some time, 0 [ wanted to geta little money ahead to keep ny wife and family, I would have given: mysel! up long ago had it not been for that It was fourteen months before | heard of the death of Russell, The word was brought on to mo by ny wite when she came on to Chicago trom New York. She cannot wri | so that she did not ict me know of it earlier. Then took sick and was laid up for sevon weeks, If I wag Not inclined to come on here, gentlemen, I need not have dune so, as | have a pum of irtends in San. cisco who would bave got me out ona habeas corpus; but 1 am g'ad it has come to -thig, {1 fave a wife and one child) who are vow on their by rk ‘trom Fagen pee 1 Leet peters years aj ages were an | Tithe suow possible, bot driver dnd conductor, | Here | O'Brien, superintendent ot the railroad company there, | There has never been a handeuff on me since | wag arrested. I haye had every opport py to get away, if that was my purpose. On the route bere I ‘attended to the officer who had me in charge, but who was ts deheate health, I never changed my name; have nevor drank; never had a dispute with any man in my life before this cecurrence with r Russell, who wag a friend of mine; and I only wish I was whore he ia now.” Tne prisoner was committed to the Raymond Street Jail to await trial upon an indictment found against him for the killing of Russell five ycars ago. THE MURDERER FUCHS. Efforts are now being made in behalt of Andreas Fuchs, the murderer of William Simmons, to seoure @ commutation of the death sentence to one of imprison- ment for lite, A petition 18 in circulation, ava it is understood that all of the jurors have signed 5 less this movemeat is successtul Fuchs, who it | cheerful, will be exccuted Friday, June 2. bone! watched by Deputy Sherifls Howard | Morrow. THREE PERSONS MISSING. A boy named Frank Milton was sent by his mother on Tuesday last to a grocery store in the neighborhood of her restdence, No. 5 Minetla street, and has not since been secn or heard ot. The boy’s description is as follows:—Ten years of age, about four tect high, hght bair and complexion, large blue eyes and pale, thin face, When he left home he had on a dark lilae shirt, small bar pattern, dark pants, no jacket or vest anda black soft felt nat. The parents are. almost dis tracted over their loss, and the police have searched im . vain for some clew to the whereabouts of the boy. Alexander B. Stowe, a lad of fifteen years, left bis home in Yonkers on last Sunday evening, about siz o'clock, and was last scen by an acquaintance at the steamboat landing about an hour later, when he made inquiries of the acquaintance in regara to the place of loading of a schooner which was then sailing past the town. Upon being iniormed that Haverstraw, wus the place where the vessel was loaded Stowe was seen to take the road leading-to that village. His parcots are of the opinion their son has run away, Alexander's description is as follows:—Five feet four mcohes in height, black eyes and hair, his hair in tne mid- die, prominent features, and wore when last seen in | Yonkers a soft, biack woollen suit Intormation about | him can be addressed to J. dicD. Stowe, Yonkers ave- | nue, Yonkers, N. Y. or Wickham yesterday received a letter from the f Loudon Engle, who on May 3 wandered away, i le deranged, from his residence in Philadelphia He | as thirty-four years of age, weighs about 170 pounds, | lve feet seven inches high, bas chestnut hair, slightly | curly, high iorehead, slightly bald, full beard and mus. tache; wore a heavy mixed winter business suit, gaiter shocs, round bad black hat, an open faced ‘oglish | watch with leather guard. The address of his wi'e iq K. A. Engle, No. 959 North Sixth street, Philadelphia. ROBBING A CHILD. Yesterday afternoon the little daughter of Michad | EY Un. uite eo is and Greenspecht, of No, 34 Bowery, was enticed away from» the front of hor father’s store by an unknown woman | Who, on pretence of going to buy some candy for hér, house, No, 425, adjoining above, for $15,950, to Minnie Solomon. William Kennelly sold, in foreclosure, a tract of land at Mount Washington, Twelfth ward, comprising 2 acres, together with water rights and land ander water, for $27,000, to William Whittaker, Also, four lots, 100.11x100, on northeast corner of Fourth avenue and 105tb sireet, for $8,850, to Mary J. Munson. E. wrence & Co. sold, in foreclosure, a plot of Jand at Wost Farms, on southeast side of Central avo- nue, 1.177 acres, subject to a right of dower, for $925, to Eliza J. Harper ‘TRANSFERS. » 104. n. of Hague st., 18.4n45.2x tr also Hague it e. corner of Cliff st., 22d st. same pi Henry to White st. (N Lang! yaston Bt. x: st; also Huuston at. (No. 127), 8. e. corner of Sul- ivan ot.; George Harrison to Edward Prince and fe Thompson st, (Nos, 148, 151 158), ey ‘st. (Nos. 155, S57 and 159), atso ‘est Houston fe, (Noe 127) Edward Pri wite'to Henry Harrison f STM! statth ahd husband to D. I Fayeweather ss 68,COO |. Seoitl nt ad to D. ‘ayowe . Tee of Madison av.. 21.0279; ete Alex: oy ‘Tth wt. gt. &, B26 ft. e. of Let av., LWx102, Waddi ireferes) to E. Orr (@ xecu! Toth st., o. &, 849 18. @. of Ist av., 19K102.2. Conger to William ‘Mathew; Leonard st,, No. 121, und him’ at, Noo 64, 3 years; ‘Adolphe Gahen to 8. Kerman and others hs MouTGaGes, Balch, Ebeneser, I1., to New ork Life Insurance Company, 0. & Diane st, east of Broadway; 1 year. Same Lewi: Broadway, instalment. Same to Broad to Edward ‘Company. ® Riss, inber, 5. e. ot 2d yours. R, to Martin L. je 2,000 McWuire, Terence, to Emigrant In ave, h. @. corner of Sd ay. and 120th st, 5 1 Breslen, Martha G. nud bnshand, $9 Hemy 8. Day. & . of Christopher st., ¢, of Waveriey piace: I ment of the court below should be affirmed. ‘With each of these points counsel also cited a great number of legal docisions and ralings, which, they claimed, suppoted their view of the case, Peter aud wits to Oweur Cs Ferris, te. of ars too faa 15,000, athe ah ane ars 17h au; 6 youre, aevenerseeveenseens OQOID took her across the ferry to the depot of the Flushing | and Northside Railroad Company at Huater’s Point, | ‘The woman then took the child outside tne depot; bat in a short time afterward tho. latter returned ci witbout her hat, rings, armiets, &c. Fred Morris, tue Keeper of the stand, with a lady nt, questi the cntid, who informed them the woman had taken her things aud gone away. Morris accompanied the cnild to her tather’s place. By this time the New York police wero {soking for the. child) and. the tatheg THE CENTENNIAL POSTAGE ENVE~ LOPE, The first of the now Centennial stamped envelop, made its appearance in this city yesterday. It enclosed & letter which had been deposited in the box at statior A, Broadway, near Prince street, and not being recog: nized by the Superintendent as a legal stamp, it wad taken to the Gonerai Post Office for information. These stamped envelopes are of the denomination of. three cents and are issued and sold only at the Centennial Branch Post Office in Philadelphia. The department at Washington not having. notified the postmasters toroughout the country of their issue, they will proba- bly give considerable trouble until they are and by that time they will be use! as are good "iver the Tou of November Tho desiga Ld green escutcheon with a mail carrier on horseback, re ting 1776, and an express train representing 1876, These dates are on the stamp, together with the words, ‘Centennial, United States—three cents,” MUNICIPAL NOTES. ‘The Comptroller yesterday paid the rolls of laborers on the Woulevards and avenues, and on roads and avenues to May L The amount so disbursed wag $20,000, , To day Comptroller Green will pay the pavers and laborers on small pipes $10,081 69 due to May 1. The Comptroller desires the announcement made that tho payrolls of .all city departments will be of 165 20 was yesterda; id cr) ction ile ot ciel propery at Police Headquarters, No. Mots of Charities and Correctton will open bids for beef, mutton, pork and other the various institutions under their charge, they will open bids for a vast quantity of goods, groceries, bay, leather and int. ¥ Sun Waa comineaices pyr} ier eboney? POLICE DISCIPLINE, Ata meeting of tho Board of Police yesterday Com- missioner Erbardt reported a set of rales from the Com- mittee on Rules and Discipline, whieh, if carried oat, will make collusion between patroimen and their superior officers execedingly difficult. They provide that sergeants, on returning from their tour ot patrol, shall report to the officer in command the names of all (CONTINUED ON NINTH PAGE) if i g 5 5 if rT