The New York Herald Newspaper, May 23, 1876, Page 9

-48 to their past history, which curiosity bas been al- * well, the plaintiff, after which followed the proving of “THE COURTS. Interesting Suit Growing Out of Mennonite Emigration. RAPID TRANSIT — LITIGATIONS. Progress of the Central Branch Union Pacific Railroad Snit, THE VOTING FOR PACIFIC MAIL DIRECTORS. ‘Thearrival in this country within recent date of large numbers of families composed of that interesting people Known as Menronites sroused considerable curiosity Teady gratified by tho HexaLp, Asto their futuro io this country, and the circumstances under which they hav+ made sottlements in the West, some light is de- Tived from o suit which bas been instituted in tho Supreme Court, in this city, and a motion which is now on the Chambers Calendar of that court. It ap- Pears by the pleadings served on defendants in that suit that, on the 11th of November, 1873, the Burling- ton and Missouri Railroad Company, in Nebraska, en- tered into a contract with Mr. M, L. Hiller, the terms of which were as follo .#:—"Tho said Hiller agrees to {0 into the services of said company tor five years, be- Binning the 1st day of Novomber, 1873, maintaining an office in the city of New York at his own expense, tid company agreeing to pay him commissions as | hereinafter named, and in addition thereto for | the first year of said servicc, ending Sist of October, 1874, a salary of $6,000, payable monthly; provided, however, that if said Hiller shall settle less than 200 families of Mennonites on said com- pany’s lands dyring sald year he shall refund to said tompany, on account of said salary, as follows:—If he ‘ettles less than 200 and more than 150 farilies, he shall refund $1,000; if less than 150 and more than 100 families, $2,000; if less than 100 and more than 50 families, $3,000; if less than 50 tamilies, $4,000. Said ‘Hiller agrees to go to Kurope in November or Decem- ber, 1873, for two or three months, to arrange for the emigration of Mennonites to the United States, said company agreeing to pay his expenses of said trip to an amount not exceeding $2,000, Said company also agrees to pay said Hiller commissions as follows, on all land sold by said company to Mennonites, for five years ending the 81st of October, 1878:—On sales made dur’ ing the year 1878, ifsuch sales amount to 10,000 acres, two and a half in cash and two and a halt in jund; if wo more than 10,000 and less than 20,000 acres, two und a half in cash and fourand a half in land; it to more than 20,000 and less than 60,000 acres, flve per cent in cash aud seven per cont in land, For the four remaining years of this contract said Hiller is to Tecqive no salary, but commissions, as ve, on ‘sales of each year made by said com- pany to Mennonites, It is also further agreed that as soon as such sales shall amount to 10,000 acres suid company shall pay said Hiller in cash a bonus of $900, in addition to the foregoing, for expenses in- curred by him with the Mennonite doputation in June | and July, 1873, It is agteed and understood between | the pares hereto thas during the existence of this | agreement (five years commencing November 1, 1873), said Hiller shall devote himself w the service of sald cumpany and to the settlement of Mennonites on its lands; provided, however, that if, in order to matutain and keep up his influence with and control over ssid Mennonites, audit 18 imposwible to turn them all tothe | Jands of said company, he may arrange with ozher par- ties for the disposal of such portion as cannot be se- cured to the lands of said company, The commissions | agreed to be paid by paragraphs third and fourth of | this agreement shali become due and payable to said Aliler when not less than twenty-five per cent of tho principal h.s been paid saia company upon each of | said suler,”” On the 10th of September, 1874, a sup- and under and by virtue of an | rater York, pa April 12, | 1848; established tor the pur- | % Prepare Meare and col ing of freignt and o or apon steam veasels between the city of New York ites Isthmus of Panama, and San Frans on the Pacitic Ocean, and between San Francisco Japan and China, and other foreign couvtries and places; and for the carrying of the tails of the United States government and of other governments; which aid basiness 1§ bas pursued for many years last past, and it has been a very profitable business; that the control and management of ‘sal ration is vested in a board of di- rectors, consisting of the following named per- sons, Sidney Dillon, Jobn Riley, George Forrest, Oliver ‘Ames, George 8. Scott and the’ deponent, whose term of office expires on the 3lst day of May inst. ; that the paid Sadi Dillon is the president of said corporation ; that the bylaws of said steamship company require that a stated meeting of the directors shall be held on the third Wednesday of each month; that a majority of directora shall necessary to form # quorum lor the transaction of business; that at the monthly meet ing next preceding an election tke directors shall choose throe shareholders to act as inspectors of the election; that the election of directors shail be heid in the city of New York om the last Wean annually; that the stated meeting for the’ current month of May would have been held on the 17th day thereef, but that on the said 17th day of May, at three o’clock in the alternoon, the time for which said meet- ing was cailed, there were present only the following directors, George Forrest, John Riley, Rutua Hatch and James D. Smith, and, there being no quorum present, the meeting was adjourved in accordance with the bylaw of said company, which states that a less number than five directors may adjourn from time to time until a majerity be present, until the 15th day of May, at nine o’clock tm morning, at which ad- journed meeting the same directors only were present ‘and an adjournment was then had tothe 19th aay of May, at baif-past pine o'clock in the morning, at which time only the said John Riley, James D. Smith and this deponent were present, wheu.an adjournment was bad antl the 20th day of May, at hall-past nine in the morning, when only the said Georce Forrest, John Riley, James D. Smith and this eLt were present, when an adjournment was had till tho 22d day of May, at bali-past nme in the thorning, at which time only tho said Riley, Smhish, Forrest and this deponent we: when an adjournment was had till the 28d day of May, at bali-past nine jp the morning; t the said Sidney Dition, Jay Gould and Charles J. Osborn were in the city of New York at the time of the holding of said meeting or the agjournments thereof, as above set forih, and should, im the proper discharge of their duties as directors, have been present, but as this deponent is informed and believes, deliberately and purposely and in collusion with each other, absented themselyes therefrom with the intent and for the purpose of pre- venting the appointment ot inspectora of the election to be held on the 3lst May inst, and to prevent the transaction of any other legal and proper business of suid company ; that the said Oliver Ames resides in Boston, in the State of Massachusetts, and tho said George 8. Scott was at the times montioned absent in Europe. RUFUS HATCH. Sworn to before mo, this 224 day of May, 1876— GRoncx P. Suxcpon, Notary Public. Judge Speir grauted the application, making the same returnable this morning. Subsequently a motion was made to modify the recent ordor to cxaiue Gould and willon in thé Superior Court, which was to take place on Monday ueXt, 80 as to allow the same to take place this morning. This latter motion was also granted. FIGHTING RAPID TRANSIT. In the Spectal Term of the Court of Common Pleas yesterday, before Judge J. F. Daly, there was quite a lengthy argument, though developing no specially now points, on a motion made on behalf of the Greenwich Street Elevated Railroad, to modify the injunction re- cently granted against them at the sult of the Ninth Avenue Railroad Company. It was urged by Mr. A, J. Vanderpoel for the motion that the modification asked Jor came within the scope of Judge Spoir’s recent decision in the Gilbert road, allowing the defendants to fill up the holes in the strect and to raiso columns then actualiy on the ground. In referring to the allegation in the complaint that plaintif{’s horses in the stablo were frightened by the screaming and pufling of the dummy engine, to the great inconvenience of the plantifl, he said that if it be trae that these poor sick horses could be so enlivened and revived by this alleged scare it should certainly be regarded not as ap injury, but, on the contrary, 48 an inestimable blessing both 1 the public and the Ninth Avenue Ruilroad Company. Mr. Serib- ner aged that the injunction should stand as it was, and that it would be contrary to the interest and meaning of tho decision of Chief Justice’Daly in the suit of Patton ys, The New York Elevaied Railroad Company to inter- plemental agreement was made by Mr. Hiller to the effect that in the event that the raliroad company should find it necessary to employ additional intiueace 1o secure the location of the Mennonite people | on their Nebraska lands.a portion of his commission, provided for in tue previous agreement, should be used by the company Jor meeting the ‘expenses in- curred by the emplo; nt of such influence, such com- missions so to be refunded to be twenty-five per cent of the whvule amount due or to become due, and the company on its part to pay to bim $1,000, expended for printing and postage, On the’ 16th of December, 1864, a littioe more thun one year after the making of | this contract, the company saw fit Jo cancel it, and no- | titled alr, Hiller to that effect. Upon the foregoing state of facta Mr, Hiller claims that the company has become indebted to him in the sun of $114,000, with interest thereon frow the Ist of Novewber, 1874; and tn his cowplaint, served in his suit fur the recovery of that amount, be alleges that, in pursuance of his contract, he entered upon the per- formance of the conditions and daties thereof, and has ever since performed the same, and always has been and now 1s ready and willing to perform the same. in Supreme Court, Chambers, yesterday, a motion was to have been argued to set aside the service of plaintiff's process as iethyn been irregular, but an ad- jJournment was bad until the 20thinst, The ground of such motion 1s thatthe railroad company 1s a foreign corporation, and that the only service of the complaint made was made on a director the company, @ resident of Massachusetts, while passing through this city; that ° the cause of action under the contracts, if any, urose in Massachusetts or Nebraska. CENTRAL BRANCH UNION TRAFFIC. ! ‘The trial of this case was resumed yesterday, beloro | Judge Larremore, holding Supreme Circuit, 1t opened | with the further examimation of Mr. Samuel L. Tred: | assignments of interests and disposition of first mort- gage bonds of the company, and acknowledgment by the parties of the contract up to the bringing of the suit, and efforts of the company then to have the con- tractors come in and relinquish their interest in the contract as such, and place it as stockholders, The defence opened by Mr. E. H. Nichols being called asawitness, He stated, in substunce, that payments were made by the stockholders in April, 1865. Tho contract was made with Colonel William Osborn in May, 1865, the company then being known as the | Atchison and Pike’s Peak Railroad Company. He paid bis stock subscription to Willis Gaylor, thon treasurer ofthe company. Alter the lupse of a few months he fore with or allow the injuuction granted by His Honor. Judge Daly refased to grant the modification, holding that the decision of the Chiet Justice was tinal, in giving his decision Judge Daly said he had heard a great ‘deal about horse car poetry lately, but he had in 18 possession something in the prose ime which he thought wouid far surpass any cflort in that direction ever before made, It was, be said, an aponymous let- ter which bad been sent to the Jud; The following 18 the episth S1u—The people, the masses of your constituents, desi and demand rapid'transit. You set your opinion against Public opinion. When you place yourself belore ux axuins we wil! show you that we detest the Jadge who is not tor the peoole. NS ANTI-PARTY MA: f the court, AN Judge Daly, after reading the above letter, said, thougu he appreciated the danger of so doing, yet he would nevertheless refase to grant the moditication asked tor, ‘The matter of rapid transit also came up yesterday in another form in court Im consequence of the con- tinued iliness of Chiet Justice Monell, counsel applicd to Judge Speir, in Superior Court, Chambers, (a heat further argument on the motion for an injunction against the Giloert Elevated Railroad, at the suit of the Sixth Avenue Kailroad Company. Judge Speir declinea to‘ interfere in the case, and the turtber hearing was. adjourned untfl the first Monday in June. THE LAWRENCE CASE AGAIN OFF. The trial of Charles A. Lawrence was set down for yesterday before Judge Benedict in the United States Circuit Court, District Attorney Bliss was apparently ready to proceed with the case on the part of the gov- ernment, He stated so (to the Court, but added that ne had that morning received a telegram trom Genoral Butler, specially rotained as counsel for the accused, asking (hat the case might go over until this morning. Lawreuce himself wag wot present, nor apy of his counsel, it being deemed ecessary to bring him from Ludlow street Jai under the circumstances, Itis said that these frequent delays and postponements of the trial are in cons nee of the con: ation that is given ia ltzh quarters to Lawrence's desire to mi afull confession of his participation in the exten: smuggling operations that have boon on in the Custom House tor some years past. The District At torney denies this, and states the government is pre- pared to go on with the trial at any moment. ATTEMPT TO ENJOIN A SYNAGOGUE, Abraham Greenthal, better known as “General Greenthal,”’ waa somo time ago convicted in the Court of’General Sessions of picking pockets and sentenced to one year aud six months in the State Prison. Alter his conviction the Congregation Beth Isracl Bikur (Nichols) became treasurer of the company. He ‘was also a director of the company, and was pres- ent at the meeting when the contract was made; that contracts and assignments for the contractor to assign interests were made at the same time, There was a stock subscription of $480,000 and there was never one dollar paid by any party except on | stock. Allthe property bow owned was some 10,000 acres of Kickapoo lands, some, 75,000 or 100,000 acres. Congressional lands, twenty or thirty first mortgage bonds and some lands not yet received from the de- parunent. . On cross-examination by Mr. Beach the defendant ‘was very reluctant tn his answers, and Mr. Beach had to frequently call on the, Court to insist in having di- tect answers, and once remarked that although Mr. Nichois evaded a direct reply to his question he shouid keep at it till he got every syllable he wanted. 1t was admitted that in 1868, when forty per cent of the stock was released and thrown. open to n sub- veription, a division of 000 bonds was made to old and new parties = alike rata, A paper was also shown to witness dated Fobruary 24, 1873, which rends:—‘We, the un- deri ‘ockholders of the Central Branch Union Pacitic Railroad Company, and vies in interest in a certain alleged contract, dated May 9, 1866, made be- tween William Osborn and said company. for con. Struction and equipment of the first luv miles of uu. road of said company, ao bereby, in consideration of $1 to each of us in hand paid, mutually agree with tach other and with said company that Suid contract beandthe same is hereby CAncelied; and that the lands and property, therem referred to, remain and continue in th ion and ownership of sald com- pany, for the use and benefit of the stockholders ther of, the object bemg that our entire terest in said company ana its property may be rep- resented by the stock certificates hela by eacn of us." | Although Beach repeatedly asked the witness to fix th at which it.was issued to be signed, ay 91 he at lust said be could not gay whether it was Febra- ary 25 or thirty days Jater, and admjtted that the co! tract was never cancelled except bythe signing, as he said, of five-wixths of the parties to this paper; that Osoorn buitt the road, but the contract was changed by a verbal agreoment and the company furnished the funds, There was force of expression in Mr. Beach insisting on a direct answer it the witness did | hot purchase of Mr. Tredwoll an interest in tho con- tract, which was admitted and copy put in, dated No- vember 8, 1872. On various arguments between | Messrs. Beach and Futierton there was considerable | reat shown by the crowd in the room, who listened intently aud evinded watisinction at Judge Larremore upholding Mr, Beach in having direct answers. The euse stands ed to this morning, at halt-past ten o'clock. PACIFIC MAIL LITIGATION. Application was mado yesterday in Superior Court, | Special Term, before Judge Speir, by Mr. Robert | Bewall, for an order to show cause, at the suit of Rufus Hatch vs. Sidney Dillon, Jay Goald and Mr, Osborn, | why the latter should uot be compelled to attend tho meeting of the Board of Directors of the Pacific Mail | Steamship Company and vote for the election of a board of officers. In snpport of the application was ‘submitted the following affidavit of Mr. Hatch:— | forthe “General” and ex-Judge | iseue, Here, Cholim, of which he had been a member, expelled him from metubersh:p, but offered to allow him to worship in the synagogue free of expense, The ‘General’ moved belore Judge J. F, Daly, in the Common Pleas, Special Term, for an injunction against the congreya- tion to prevent them from interiering with hia white act- ingas 4 member. Judge Daly, after heart argument! detied the motion. Sidney H Stuart, ppeares the con- gregation, x THE BLEECKER STREET RAILROAD. ‘The attorney of the Bleecker Street Railroad Com, pany and the attorneys of ali partios interested are, on notice, to appear to-day before the Attorney Gen- eral, at Albany, on # petition by the company to bim to withdraw iis action now pendmg in the Supreme Court iu this county to forie the charter and annul the franchises granted tothe company. The suit of the Attorney General was instituted on the ground of the bankruptcy of thé contpany and of its non-user and hon-acceptance of the supplemental franchises for the Fourteenth street and Lalayette place extensions DECISIONS. SUPREME COURT—CHAMBERS, By Juago Barrett, y Merriam vs. Demorest.—In Ricard vs. Sanderson, iu the deed. Here was a mistake, ¢ g, insertion of the provision 1s allggedseand closure and however, most not be disturbed, and the defendant (Baldwin) must be confined to inter- ye ‘SD answer against bi: bility for a deficiency upon payment of tie costs Of commencing suit against him and $10 costa of opposing this moti Goldsmith ve, Datiey.—Detault opened on paym within five days of atrial fee and the disbursement of the inquest and $10 costs of this motion, and a defendant stiptlatl to be ready to try the cause on be first Monday of June, Wallace & Sons vs, Custlo etal—I want the plead- jotes and the cxbibits before deciding & new trial These ‘cau be handed up with these briefs. Willets vs, Visber.— Motion dent with $10 costs, See Soncks va, Vau Allen, 11 Abbot P. KR. (N. 5.), page 427. Gilman vs. Gilman. —The parties rel; Seguine va Seguine (3 Abvut, N. 8, 442), bur Tiowanse in that cuse way upon an adirmance of @ Surrogate’s de- cree admitting a will to probate, That was a oi and in the nature of a jadgment ii however, the orders were interlocutory, and, indeed, the General Term im one instance seems to have treated it as an appeal tor Judgo Daniels’ opinion closes with an aftirs with $10 costs apon an appeal irom an order, ‘an appeal trom an order no allowance under section 800 of the Code. Further, Term aMirmed the order in Mr. Whitehead’s case with out costs, and as the nght to an extra allowance can oaly be predicated of the General Term judgment the peers must be demed, and he can only recover 1 uctaal costs allowed by the Court of Appeals, As to Mr, Glover's applieavioa, it should nave mario before judgment (29 How., 07, 34.N. Y., 365; 30 How., 59), Which means before the entry of the yudgment on the order of affirmance by the General Term, The Rufus Hatch, being duly sworn, says—That the Pa- tie Mail Bieamship Company ies body corporate and | afirms f tho Court of Appeals was of that jadg- ad | ‘of May | 41 New York, 181, the referee found that Chere was no mistake in pacing the provision (assaming pay AY) in the | is made | out for relief upon terms. The judgment of tore. | { | } ' | 1 i which no allowance bad been included. In every re- spect of the case both motions should be denied with- Ont costs. 4 The Bank of North America vs. Isham.—The plain- tiff has been paid the whole amount specified in the affiday pon which the supplementary onder was aesued; that is, it bas veen paid its Jodgresat, with in- terest and cosis, and $30 costs of supplementary pro- ‘ccedings. Thats all it 1s entitied to in these proceed- fugs, and they clearly cannot be continued, no matter what the defendant may have promfsed (although a3 to that there is a dispute of fact), for the purpose of securing $88 89, balance of the sum of $102 20 c! motion mi for searebing, && The just be denied, with $10 costs, Kell va The Beckwith Sewing Machine Com- panyv.—The examination of the account does not arise collaterally, but directly, 1t is none the less the im- ‘mediate object of the suit, because the validity of the contract ts also its immediate object The examina- tion of a long account is therefore directly involved; and oven under Kain vs. Delano, 11 Abbot, N. Y., 20, there ought to bea reference. Motion granted. Cause reterred to Mr. Philo T. Ruggles to hear and deter- mine. By Judge Daniels. Fisher ve. Courtney.—By the terms of the order al- Jowing an amended answer to be served, ail the costs which had then accrued were required to be and were in fact paid. The cause was not aiterward uoticed for trial, but continued on the calendar. until a trial was had. The consequence is that the costs before notice ot trial for serving the additional defendants and for the tive terma appear to have been paid, and no such costs were incurred after the new issuc created by the amended answer. They should have been excluded from the bill on its adjustment The motion tor a re- adjustment mast prevail und costs should be allowed the moving party upon this motion, :? Ryan et al ve, The Paolh Belt Com tirely clear, from the affidavits read on reheve the defendant Bibie from his d family was adlicted with a contagious disease, render- ing bis attention to them a necessity; while that was the condition of his gone # common prudence would dictate the propriety of his absenting himself trom the company of those whose attendance was required at court. Itisalso very doubtful whether the papers were properly served jor the wwotion to pumsh him for a contempt; but without deciding that point it is clear that bis default has been excused. He should there- tore be allowed, within ten days, to appear and show cause why ho should not be punished, and the pro- ceedings should in the meantime be siayed. Costs of motion to abide the event. + By Judge Lawrence. Vath va, Vath; Nugrich va Hadfield; Jacobs va Baul. —Orders grantod. SUPREME COURT—SPECIAL TERM, By Judge Larremoré. Quintard, &e. vs. Collin, &c.—Judginent for defendant on demurrer, Opinion. y Jadge Van Vorst. Monargue ve, Monargue ot al—Judgment for plain- tif, §=Opinion: SUPREME COURT—CIRCUIT—PaRr 3, By Judge Van Vorst. Dojonge, &c., vs. Couner, &c.—Memorandum, SUPERIOR COURT—-SPECIAL TERM, By Judgo Sanford, Daly va. Wallack.—Findings of tact and conclusions of law signed. By Judge Sedgwick. Olvany va, Fox et al.—Findings sottlod. Anten eval. vs. Ellingwood et al.—Counsel will a pear on Monday, May 29, at balf-pust ten o’clock A, i to settle form of judgment, By Judga Speir, Schermerhorn vs. Wheeler.—Levi M. Northrop ap- ea receiver of the property of the defendant eler. McGucken vs. Alexander et al.—-Kefereo’s report con- firmed and judgment of foreclosure and salo ordered. Miller vs. Darting.—Motion granted, Woodford vs. Fogy.—Order for further bill of particu- lars. Hyatt vs. Crawford et a. ; Olsen va Mackie.—Under- takings approved. In the Matter of Caroline Metzger, &c., and in the Matter of Henry Metzgar, &c.—Guardian’s bond ap» proved. Kissam et al vs. Hartwig; Birney va Le Count; Macpherson vs. Ronner; Broomann vs. Osborn; Schryer vs. Dittinger; Birney vs. Palmer, Jr., etal, ; Dever vs, Burton; Nebo va Doning et al.—Qrders granted, MARINE CQOURT—CHAMBERS, By Judge McAdam. Huss va, Carl (two cases).—Restitution ordered as per indorsement on papers, Steers vs, Holden,—Dofault opened on terms indorsed on papers, Clement vs. Moran (two cases).—Motions denied; no costs. Emerson vs. Bode.—Motion granted, with $10 costs and withcut prejudice to the service of the amended answer. Keillor vs, McGlincey; Pretizer vs. Leblerz; Crom- well vs. Burr.—Opinions filed. Arnoux va Devoe.—Plaintiffs are authorized to dis- continue on payment of $30 costs und referce’s fees— (4L New York, 355), ‘The question of costs is a matter within the discretion of the Court—(Connatta vs, Good- win). i The Benedict & Burnham Manofacturiug Company vs, Beisser.—See indorsement on papers, Petitt vs. Bertrand,—The parties hereto are required fo appear at Chambers on the 26th inst, at two P. M:, and submit to an oral examination anuer oath, for the purpose of aiding the Court in disposing of tue question ot fuct involved on this motion, Cecil vs. Pride, —Judgment for plaintiff on demurrer, Wright va, Parisol; Clark vs. Johnson. —Opinions, Drinker ve. Gould; The J. L. Mott tron Works vs. Davis; Jacobs vs. Hawks; Toehrenback vs, Mylins; Mayer vs. Harbison; The Fifth National Bank vs. Bet- terman; Jessup vs. Griswold; Isaacs va The Board of Education; Bassett vs. Burt. —Motions granted, Sass vs. Henkendort.—Writ of habeus carpus granted, Storer Machine Company vs. Kansas Pacific Reaitrond Company. —Motion to set aside the service of the surn- mons denied, without costs, The defendants in their answer may plead to the jurisdiction of the Court, and tm that way reserve the further consideration of that question for DSc upon the trial, vs, bass —Motion to sons debtor to pay jadament denied. Edward Jaco! sq.) appointed re- ceiver. Bond $100, costs $20, Morris ve, Monhermer.—Motion to have the dosket secured on appeal granted, No costs, SUMMARY OF LAW CASES. In the suit brought by Augustin Daly against Lester Wallack to determine the propriotorship of the drama, “Our Boys,” recently decided in Mr. Daly’s favor, the order was entered yosterday by Judge Sanford, of the Superior Court, - ‘Tho cases of F. 0. Boyd and that of Philip H. Tuska on a charge of conspiring to defraud the gover nmony 1n connection with the alleged crooked whiskey frauds were to have been called on yesterday, beiore Judge Benedict, in the United States Circuit Court, Counsel for the accused sated they were not prepared, and urged another postponement of the trials, which was granted, and the trials were set down for Monday next, At the suit of the Central National Bank of New York Judge Donehud has granted attachment against the property of the Merchants’ National Bank of Indianapolis, *The suit 1s for $3,634 17, on notcs whieh plaintiffs received from defendants to be sold, and which were sold and the proceeds given to defend- ants, bat which turned out to be forged United States ‘Treasury seven-thirty notes. The plaintotis were com. polled to refund, and they now sue defendants. David Howard, indicted on a charge of using the mails for the jurtherance of a swindling’ scheme, was tried yesterday in the United States Ciicult Court, be- fore Judge Bevedict, Howard opened a correspondence with Richard L. Holler, a country storekeeper, in Vir inia, inviting bim to bay couuterfeis money, and flotier came to this city, paid Howard’a certain sum, receiving in return a valise, which, on examination, proved to be filled with cotton waste and old iron. The Jury had considerable difficulty in coming to an agreo- mont, as several believed that Holler was as deserving of _panieament as Howard, Thoy finally rendered a verdict of ‘*Guilty,’’ with a recommendation to mercy. Howard was remanded. COURT OF GENERAL SESSIONS. vs Before Judge Sutherland, THE GREAT BOND FORGERIES. | ‘The trial of Charles J. Williamson, aljaa Perris, alias Charles E. Farnham, the alleged principal of the Roberts-Gleason gang of ‘railroad bond forgers, was continued yesterday. Asststant District Attorneys Lyon and Rollins prosecuted and A, Onkey Hall and ex- | Judge GeorgeM. Curtis defended the prisoner. The evi- dence for the people was all in when the courtadjourned } i sel, ho pleaded guilty, and was remanded, he pris oner bad just returned from 4 voyage to sea. PILYERING PIPE, Dennis Dargan and John Garry, who broke into the dwelling No, 71 East Eighty-fifth street March 27, and stole $10 worth of lead pipe, pleaded guilty and were sent to State Prison tor two and one-half years each. POLICE COURT NOTES. Justice Murray yesterday held the following per- sons to answer for selling liquor.on Sunday :. Antonio Horgor, No, 226 Elizabeth street; Joseph Bal- dinschwaiter and Jeremiah Sullivan, No. 87 Baxter Byrnes, No. 69 East Houston street; ‘0. 206 Grand street; Otto Schroe- Jobn Myer, No, 112 Mul- reet; Owen Campbell, No. 233. Mulberry street} W. Ryser, No. 145 Forsyth street; Thomas Gil- Jen, No, 23 Vandewater street; Jobo Schumacker, No, 40 Mott street; John Earle, No. Crosby street; Jobp Madigan, No. 307 Mott street; Richard Woltman, No, $09 Elizabeth street; John O’Brien, No. 207 Mott street; Albert Russ, No. 18Sixth avenue; Edward Nolan, No, of West street: John G. Hohr, “street; Frederick Raveosburgh, No. 86 New Church street, Jobn Keenan, of No, 262 William street, goteny stabbod Richard Bell, who hves in the same bouse, in the side. Justice Murray held Koenan to await the re- sult of the injuries, COURT CALENDARS—THIS DAY. Suraemx Court—Cuamnxns—The calendar will not ‘be catled until turee o'clock P. M,—Noa, 27, 29, 62, 58, $2, 94, 95, 107, 121, 218, 128, 483, 140, 143, 144, 149, 167, 164, 159, 160, 161," 167,'190,'191,'198, = 203, 208, 222, zak 238, 236, 237, 241, 243; 280, 296, 208, 313, 313, Sureeme Cover—Gexura Txru—Hold by Jud; Dayis, Brady and Daniela —Nos, "111, 102, ae 1343s, _ 153, 228, 71, 107, 128, 141, 145, 73, Taste) at, 125,190, Tiss Mh TS Supreme Couxt—srxcisL Tara—Held Se snes * Larremore.—Case on—No, 93, No calendar, Soraeme Covgt—vuiacuit—rart l—held by Judge Donohue.—Nos. 1703, 1687, 1599, 1629, 1637, 1739, 1741, 1473, 1767, 1399, 1877, 1781, 1789, 1881, 423, 451, 1795, 1800, 1051, 1 2859, y 262, 1389, 114053, 1829, 1148, 107, 1625, 142544, 1ov1, 1577, 1579, 1647, 1569, 2093, 1695, 1627, 976 2753, 1779, 1727, 683, '1841, 1845, 1845.45, 1847, 18494¢, 1851, Part 2— Held by Judge Barrett,—Case on—No, 2338, No day calendar. Part 3—Held by Jadge Dyckman.—Nos, 2416, 87, $63, 301, 1127, 111, 621, 1808, 1497, 57544, 1201, B2ss,, 1811, 15, 2888, 1815, 1827, 1829, 1831, 1835, Surgeiok Count—GawenaL Team.—Adjourned sine dio Svrxsion Court—Srxcia, Trum—Held by Judge Speir.—Nos, 18, 21, 22, 23, 35, 38, 32, 14. Surzrion Court—Tria, Term—Part 1—Held by Judge Curtis.—Case on, No, 1018. No day calendur, Part 2—Hold by Judge Santord.—Nos. 1675, 741, 919, 1004, 720, 776, 1006, "740, 1108, 1159, 1100, in61,"1163, Commoy Pixas—GeneraL Term.—Agjourned until the first Monday of June, 1876. ComMoN PLeas—Eqmty Trrm—Hela by Judge J, F. Daly.—Nos. 3, . 25, “3 Common Prras—rusaL Teaw—Part 1—Held by Judge Van Hoescn.—Nos. 95635, 1550, 955, 956, 1104, 11 2103, 1630, 1097, 1436, 1164, 2115, 1523, 706, 2281, 2 2127, 2135, 05445, 1607, 2001, 369, 1211, 2147, 2148, 2) 210, 2153, 215%, 2154, 1144, 1608 Part 2-Held Judge Van Brunt.—Nos, 1863, 1931, 2451, 1655, 1 2420, 1942, 1804, 2445, 2001, 2059, 2067, 2136, 2144, 2146, 1850, 1787, 1834, 1836, 1925, 2089, 1350, 155, 183734, 2155, Aanine Covnt—TriaL Tenm—Part 1,—Adjourned for the term, Part 2—Hela by Judge Goepp.—Nos, 3737, G881, 4250, 4282, 4001, 4111, 4211, 3482, 3749, 4233, 4125, 4004; 4283, 7631, 7714, 7780, 2624, 734, '7574,' 7621, 4116, 4241, 4506, 4104, 2284, 2013, 6654, 4281, 7696, 2810, 4137, 7749. Part 3—Adjourned for the term. COURT OF GENERAL oxssiONs—Held by Judge Suther- land.—The People vs. Charles Williamson, forgery (continued). COURT OF APPEALS. Atmnayy, May 22, 1876, The following casos wore brought up in thia Court to-day :— No. 174. Marsh vs Russell.—Argued by Ezek, Cowen for appellant, N. C. Moak for respondent, No. 175, Fagan vs. Knox.—Araued by E. R, Robinson for appellant, John D, Townsend for respondent, No. 48. Smith va. The Mayor, &c., ol New York.— Argued oy Henry Parsons for appellant, D. J. Dean for respondent. CALENDAR FOR TUESDAY. Now, 177, 179, 180, 182, 183, 185, 187 ana 189, UNITED STATES SUPREME COURT DECISIONS. Wasuixetow, May 22, 1876, The following opinions have been rendered by the United States Supreme Court:— Due process of law. It does not consist in the form of atrial by jury, but in a due course of legal pro- ‘ceedings :—John H. Kennard vs. The State of Louisiana ex rel, Philip Hickey Morgan, —In error to the Supreme Court of the State of Lotisiana—Tbo sole question presented for our consideration 10 this case, as stated by the counsel for the plaintiff’ in error, 18 whether. the State of Louisiana, acting under the statute of January 18, 1873, through her judiciary, bas deprived Konoard of bis office without due process of law. It is sub- stantially admitted by counsel in the argument that such is not the case, if it has been done, “in the due course of legal proceedings according to those rules | and forms which have been established for the pro- tection of private rights.” We accept this as a auf- cient definition of the term “due process of law” for the purposes of the present case. The question before ‘us 1s not whether the courts below having jurisdiction of the case and the parties have foliowed the law, but whether the law, if followed, would hove furnished Kennard the protection guaranteed by the constitution, irregularities and mere errors in the proceedings can only be corrected in the State courts, Our autnoriiy does not extend beyond an examination of tl of the courts below to proceed at all. This necessary for us to examine the law under whic! proceedings were had and determine its effct. It was entitled “An act to regulate proceedings in contesta- tions between persons claiming a judicial office,”* Si tion 1 provided that ‘in any case in which a person mav have Yeeu appointed vo the oflice of judge of any court in this State and sball re been confirined by the Senate and commissioned thereto, * * * such commission shall be prima facie proot of tho right of such person to immodiately hold and exercise such ollice.” It will thas be seen that the act relates specially to the judges of the courts of the 3 tate and to the internal regulations of a State im respect to its own oilicera, The se¢ond sectioc then provides if any pel being an incumbent of such oilice, shall retusogto game and turn the same over to the person 80 commissioned, such person so commissioned shall have the right to proceed by rule before the court of entitled to such office and to be inducted th rule shall be taken contradictorily with such meum- bent, and shall-bo made returnable within twenty-iour hours, and shall be tried immediately without jury and ‘by preference over all matier or causes depending in sach court, * * * andthe judgment thereon shail be sigued the game day of rendition.” ‘There is here no pi ions tor a technical ‘“cita- tion,"? #0 called, but there is in effoct provision for a rule upon the incumbent to show cause why he re- fuses to surrender his oflico and for the ser- vice of this rale upon The thcumbent was, thorefore, to be formally called upon by a court of competent jurisdiction to give information to it, In au adversary | Papen against him, of vhe auvhority by which be assumed to perform the duties of one of the important offices of the State, He was to be told whea and where he must make his au- swer, The law made 1 the duty of the Court to require this retara to be made within twenty-four hours, and it placed the burden of proof upon him. But it re- quired that he should be valied upon to present his case before the Court could proceed to judgment, ue had an opportumity to be heard before be could be con dewued, This was ‘ and when served it was sulficient to bring the incuimbent into court and placo bun within ite jurisdiction, In this case it is evident frum the record that the rule was mude ond that it was in. Such last evening, and the defence will be begun to-day. — ‘The witnesses examined yesterday on benalf of the prosecation were Joseph ¥. Frauklin, a broker who occupied roows in the same building with Saaders & Hardenberp, and who introduced Williamson to them, Jobn A. Hardenbverg testified to having loaned risoner $46,000, in two instalments, bu forged New ork Central Railroad bonds. John i, Braine, of Huw kis & Braiue, brokers, related the story of how be loaned the prisoner $25,000 upon thirty $1,000 bonds of the New York Ventral.” Francis J. Ogden, Treasurer of the New York Guarantee and Indemnity Company, testified that he was introduced w ‘the prisoner by & man named Dawson, and soon alter advanced William. won $14,850 on twenty $1,000 bonds of the Buffalo, New York and Erie Railroad, Leonard Wrown reiaved how he introduced the prisoner to the Eddie Brothers aud Holbrook, and the prisoner's coming to of the Orm, No 26 Pine street, and trying to ‘Rego ate $30,000 of spurious New Y: Cevtral Rail- road bonds, to bis becoming med and running olf, leaving the bonds upon the coauter, AN INCENDIARY CAUGHT, Oa Sunday morning, June 16, 1873, a number of young men, who had been at a wake at No, 459 Cherry street, entered an open lot in which stones were stored, Opposite the house they had left, audsat down, Onc of them, named Jeremiah Harrigan, of No. 448 Cherry street, asked for a match, and, failing to find one, went buck to the wake, whem returned in a fow min- ‘ulws, aud going up to the stable and adjoiIng dweliing, No, 499 Cheecy etteet, of Bernard and Peter Dully, de- liberately set fire to a buneb of hay which protruded from a suutter in the former structure. The ot her boys raised an and ran toward the place, but the flames went out of their own accord. Two hours later Harngan, with another Zouk Were seen standing beside the stable again, aod a few minutes atterward the build- ings were in flames. On July 11, 1873, Grand Jory indicted the young incendiary for arson in tne first de- gree, but ho had disappeared on the nignt of the fire, and heed the anyones until Et a gl arrested in the city » er. when, through tie, Witham yr bis coun- in some form brought to the attention of Kennard, for on the return day he appeared, At first, instead of showing Cause why be reiused to vacate his office, she objected that he had. not been properly cited to appear; but the Court adjudged otherwise, He then showed that he refused to vacate because he had been commissioned to hold ofice until the end of the next session of the Senate, aud that time had not arrived. Upon this be asked a jary wil This whe Court held was properiy refused, because the law pro- vided against auch atrial, Tuo time for appenl, hxed one day after the rendition of judgment and returnable within two days, 1# held to give amp'e timo; speedy, it ds @ue, but suibcient time. lu this case the party did appeal and was heard. The judgment was conclusive, The Chief Justice delivered the opinion. Allowances foricited by the desertion of soldiers. An honorable digcuarge trom the service does not re- store them:—The United States va John Landers— Appeal trom the Court of Claims.—Tbis was. an action ithe Court of Claims by the petitioner tor pay and Lounty as @ soldier in thearmy of the United states. Ic appears from the fudings of the Court that the peu. Seow culisted in the army for three years and was en- rolied on the Ist of January, 1864; that he was mus. tored into service on the 16th of the month, bfy servic to take effect irom the enrollment; that he deseried 2th of November following, and was arrested on ot Jane, 186, and was restored to duty with tho Joss of ali pay and allowances due or to become due durimg_ the term of his enlistment, that he was hovorably discharged on the 8th of August, 1865. His claim was for pay for the whole period from his enlist- ment to his discharge, including the time of his ab- sence by desertion, and tor the bounty allowed toa a honorable discharge at the expiration held that ho was entitled to both pay ard bounty, aud gave judgment for the whole amount claimed, ben i of Opinion that his offence of desertion was purged by his honorable discharge within the decision of this court im United States vs, Keliy, reported in the 16th of Wall and that bis case was not covered by the joint resolution of Congress of March 1, 1870, We have looked the record in Kelly's cave and we find it entirety different ‘irom this cuse. Kelly bad served from February, until Oc- tober, during the active operations of the war and then deserved to visit bis parents, reported to be seriously Hil at theif home, Alter an absence of some weeks he voluntari!y revaroed, and subsequentiy made up for the time lost by his absence, The tact that the war had virtually closed at the time, the motives ‘Waich caused the desertion No, '50 New Church competent jurisdiction to have himself declared to bo | bes _ NEW YORK HERALD, TUESDAY, MAY 23, 1876.—TRIPLE SHMuY, to duty doubt had their influence with his command wpee. whose recommendation he ‘was restored to duty without trial, subjeot ouly to the condition that he should make good the time lost by his desertion. It was not pretended that his honor- able discharge subsequently granted gave him a right | tO pay during the period of his absence from the ser- } } vice, or would have dispensed with the forfeiture of prescribed by the army regulations had any pay mm due at the time. He only claimed subsequent pay and the bounty, after serving the full period of his enlistment and the additioval time lost by his de- sertion, In this case the petitioner deserted at a time when the war was at its height, and no palliation was profferes tor the offence, if any could possibly exist, He kept out of the service and thus out of danger dur- ing the severest period of the war, and was only re- turned to'bis company under arrest. And though he | Was restored to duty it was with the forfeiture of his | | and Goodman signed an agreement aduutting ¢ |, every other com bey. sue allowances lor tho entire period of tus enlist- en 1t does not appear from the record before us whether this forfeitare was imposed by order of the commander of the forces from which he ‘deserted or by the judg- meut of a court martial. Forleiture of pay and allow- Auce up to the timo of desertion foliow trom the opn- dition of the contract of enlistment, waich ix for falth- ful service. The contract is an entirety, and if service for any portion of the time is criminady omitted the Pay and allowance for faithful service are not earned, The fact of desertion is sufficiently shown by tho tnuster rolls of his company, and upon this evidenco the forfeiture of pay and allowances will be presumed to have been imposed by the sentence of a court martial. The bounty claimed is included in the ailow- ancos furteited, and cannot, therefore, be recovered. Such is the uniform ruling of the Department, sus- tuined by the decision of the Attorney General Mr. Justice Field delivered the opinion, Settlement by a husband uv bis wife—how de- feated.—Thomas Slater Smith, Esther A. (his wi and James 8. Jenkins vs William Vodges, assignee of Thomas Slater Smith, a bankrupt—Appeal from tho Cireuit Court for the Kastern District of Pennsyl- Vania. —Tho law of this case is too well settled to ad- mit of adoubt. In order to defoud a settlement made by a husband upon bis wife it must be intended to de- fraud sting creditors, or creditors whoso ‘rights are ex shortly to supervene, or creditors whose rights may and do so super: vene, the settler purposing to throw tho hazards of business in winch he is about to engago upon others, instead of honestly holding his means subject to the chance of those adverse results to which all business enterprises are ladle. Fraud is always a question of fact t© be determined by th Court or jury upon a careful scrutiny of the evidence before it, The view which we take of this case renders it unnecessary to consider tlie objections urged by the counsel of tho appellanis agatost the reference to the Master, the exceptions to the master’s reports and the questions raised by the demurrers to the original and the amended bill, Passing by theso subjects and looking only to the merits of the controversy, two poluts to be examined arise, They inyolye questions of tact which must bo solved in the light of the evidence found in the record, ‘The burden of proof rests upon the appellee. 1, What was the pecuniary condition of the bankrupt when the property in question was bought at the sale under execution and conveyed by tho Shoriff to Esther A. Smith? The date of tho transaction was the 2d of June, 1862, The amount paid was $1,450. The property consisted of a dwelling house and storeroom, which she had Tease: in the yeur 1859. The rent was $150 por yeur. Sho and her husband occupied the premises up to the time of the sale. She kept a dry goods store and a millinery and dressmaking establishment in her own name, She was eminently successful. The billavers and admits that at tho timo of the purchase of the property she had realized profits to the amount of $10,000, and that the pe ‘was paid for out of this fund. There is proof in the record to the same effect. In conduct- ing her business she paid promptly, and it does not ap- pear that she then or subsequently owed anything which is unpaid. The husband has paid all his debts except two, For those he had given extension notes hav- ing short times to run, and they were paid at maturity, ‘This investment for the benelit of the wife was hever challenged by any creditor of the husband or the wife and it is not now chullenged in behalf of any creditor whose dobt subsisted then or accrued for a considerable time alterward, Under the circumstances the investment was moderate in amount, proper to be made, and, we think, liable to no legal objection us to its validity, The testimony to be considered in connection with the next poiut. throws a backward light, which is also favorable to the wife with respect to this part of the case, 2. What was the pecuniary condition of the bankrupt when he extinguished the ground rent by which the property was encumbered? 1¢ was good, so that ho could obtain all the credit in trade or advances in his bank he wished, The whole transaction was therelore honest and valid. * Mr. Justice Swayne delivered the opinion, A BREACH OF PROMISE SOIT. Action on bobalf of Moritz Sellek, father and lega) guardian of L, Rosa Sellok, & minor, was begun in the Marine Court against Samuel Goodman, a prominent Hebrew merchant, engaged in the fancy goods and trimmings business at No. 193 Grand street ‘The case, which will come up for trial ina few days, has already excited no little comment among the first Jewish circles of society in this city. Mass Sellek, who resides with ber fath fur mercbant, No, 90 Riv ington street, 18 a member of the Allen Street Syna- gogue congregation, ‘Beth Hamedrash.’’ She is seven- teen years old, a brunette, and very bundsome, Goodinan ts twenty-six years od, is a member of a_ very wealthy Jewish family and is well known in the club a8 oneof the young men about town, From the papers in the case it appears that he was introduced to Miss Sellek and alter a short courtship asked ber, on the 18h of No- veraber, 1874, to marry him in the following March, which sho egreed todo. He requested her to becomo perfect in her knowledge of the English language, and to that end sent a private teacher to hor residence. Their engagoment was generally admitted, and-a bo- trothal quet was given, to which all their triends were invited. Miss Sellek’s parents purchased the wed- ding trousseau and made all the necessary proparations for their duugbter’s marriage. But when March camo hay eyes refused to fulfil his plighted promise, c'aiming, 1m the first place that he Dy Magee to marry Miss Sellek two yoars after, and 1 she had deceived bin in reference to her education in the German and Eng- lish janguages, The matter, as usual in Jewish fami. lies, was submitted to the arbitration of six fri that he had been engaged to Miss Soltek and that ho had broken the engagement. This agreement wus found to b» detective, owing to the lady being a min Chief Justice Shea, on motion of counsel, appointed Miss Selick's fathor her legal guardian, and the action was begun, the damages being laid at $100,000. SILENT WITNESSES. A curious incident occurred yesterday morning in a | trial before the Fifty-seventh Street Civil Court. A | witness was called in the caso who was deaf and dumb, and could neither read nor write. Another di who coa.d read and write, was called to act preter, The first was sworn to answer truly to the second, who was inturn sworn to put the questions given by the Court and make the answers as given in reply. ha jon had to be written down tor the interpreter, who made signs to the witness. The wit- ness answered jn the same way, and tho replios were written out and handed in as evidence, ALLEGED MALPRACTICE, An inquest was yesterday held by Coroner Eickhoff in the case of Mra Matilda Borringer, of No. 419 Fifty- second streot The ludy died on last Wednesday, The hysician testified that an operation had been per- Danea on the decensed by Mra. White, of No. 209 Allen street, according to Mrs. White's own admission ‘The latter claimed, however, that the operation was only superticial. The jury Urought im a verdict that death was caused by acate peritonitis, and that there was probable cause for belief that this was the result of an operation porformed by Mrs, White, of No, 200 Allen street, on May 12 Mrs. White was arrested and bony td before the Coroner, who reioased her on $2,000 bail, given by John Vetter, of No, 209 Allen street, Sho made no esata ‘eo Hamburg, Germany, with braneh house mm London, mportert‘ol npeclaliion A jean Machinery. st references, Biernatski will be in Mhilad#iphia during tho month Address BIERNATZKI & CO, eure of Graham, Hulton & Passmore, GIL Market st., Philadelphia, ESTEND OF FRABKFORT-ON-THK-MAIN,— coriortable family House, containing 12 roms and lence, standing in a larce park-like gar. den of more than an ners planted with fine old trees, to be sold or let for several yours, the pruprietor having just d chitfre 0006, to Mrs. RUDOLF MOSSE, Fran jain, Germany, ~~ siPORAGK. ORTINGTON'S BTOKAGE WAREROOMS, 82 TUD- yon st, for Furniture, Pianos, Trumks, de., ____CHAKLEs Ht. BOHDE, Proprietor, Stokace it Fi URE, CARRIAGE AND MER chandise, ‘URN BMIT! spy pa ‘750 and 754 th av, ana 247 jen Lal SToRace YOR FURNITURE, PIANOS, BAGGAGE, lowest & irate roomy 7 Venjence: elevator; watebman.” MIC! Tots to 42 Commerce ot., near Bleecker. Sryesee IN PLASTERED ROOMS AND LOFTS FOR Furniture, Bagyage, Carriages, &¢. 108, 111,113 and ‘115 Bast 44th st (i OS hy. correspond, fai etces tf ean ome Riaeet AL at Rep sBe. me BILLA. MERICAN STAND, | WILLIAR sans spe gata tee as jorashig Teas : a WN OHLEFET HL £00. Venay't ‘A LARGE ASSORTMENT OF y A. ina Stine Pabten wish the ore shales eg te eurded « aud bis voluntary return | fay, VOLLENDE Militecd Tebion, eens CL ys BEVEL combination eushivas, for sale in vale olty only a6 736 jv weparase | Serap sprin | Rerap Moet By iit _ FOR SALZ. A CORNER BAKERY, WITH TWO OVENS, BEM 4, _iosation in Brooklyn, for » does 8 good —GREAT BARGAIN: also Milk Rootes, Gro rs, If you want to iy Or sell a business cull ut STLICKLAND’S Agency, 38 Becks ar A. Tots, corn it Stores, Bakeries” MITCHELL! LASS RESTAURAY change ; also Grocery Stor 10); LIQUOR rants cheap, Caz BTORE ON BROADWAY, AVERAGING $a dully receipts; ostabliahod many y LLOYD, Auctioneer, 29 Broadway. 9 OASH, %, box 20) DUING A GOOD BUSL ness; coutral locatiqu, ingelp ot 113 Nassaa wt, D* ND 8: HEAP. balance ‘Address PHARMAC Herald oftice. {BED STORE FOR SAL | Carpets, tte ottice N trom 12 to 3 o'clock POR SALE VERY CHEA: nut Wardrobes, with Mouldings; first class work ; tween ist and 2d a NOR SALE—LIQ WO PORTABLE BLACK eh veneer panels and black ‘BUS Sth at., third floor, bo J. BAUR STORE AND LODGING ys business; four years’ P.M. at 403 Wost st. House; 15 rooms; doing a 1 Tease, luquir A, JOR SALE—A GOOD GRO on the block. West 36 TORK; ONLY ONE between 7th and Sth ave, D-OME THREE-LIGH Park place, ¥ IN NEW YORK; OR SALE—THE 3 established 1860; averazex 8300 per week: only wines and Hgnors sold, jerald office. Yor purticulars address LUNDREGAN, ASH LIQUOR, OYSTER AND. Dining Saloon on Wost st. Inquire at 24 Spruce st, FPO SALE-Si0C 125; MEAT, FRUIT AND V market; hb or without stock; rent splendid chance for « Nvo ma harness. Apply £68 Grand » EGETABLE very low; & b+ ry, wi uppargatas thing got up in first clans style; the whole in perfect order. Specniniors need not apply. NORMAN: Call at P. AU's, SO Ann st., New York, up pairs, For t OF MILL STONES 4 FEET E—ONE PAIR O inen diameter, with frame spindle und running gow complete, “Apply at No. 150 Ludlow st, GOOD CORNER LIQUOR STORE, 404 ‘B5th st. o SMALL GROCER’ tock and Fixtures. Apply at 458 W. (OR SALE CHEAP-A LAGER BEER SALOON. 142} Hestor wt. OR SALE CHEAP—TWO FINE SIDEBOARD; suitabio for clubrooms, ice cream saloons, bakery of Stores; chenp, MARTHALUS, 16 Dey xt. {OR SALE CHEAP—A FRUIT AND CONFECTION. Store; best location in the city. Apply at 491 6th KE CHEAP. L908, STORE FOR SALE,=FOUR PULL PUMPS 4 ne \uinev'gae Inquire at 120 Cherry st., cigar store; price #2 LiQUOK STORE ON PROMINENT, CORNER” IN howrt of the city trade, trom $20 to $22. a LLOYD, 20 Broadway. ARBLE SODA WATER AND ROOT BEER AP- ZParatar—squnre box sspley, for sale. at com, J. WHITFIKLD & SON, 262 Water'st., New York. Stock AND FIXTURES OF THE FANCY STORB 1,569 2d AFES—CHEAP FOR CASH; LARGE HERRING, TWO medium and one small size, at 72 Maiden lune. SEWING MACHINES OF THE WHEELER & WIL- ‘son, Singer, Grover & Baker in good condition, recelved in excha will he sold cheap for cash, Bond st. L MAKES: 5, 44 Renwick st A LIQUOR STC FRUIT Oxtord num: everyt LIQUOR: S650) CASH WILE PoRCHASE THY FINE NJ und Cigur Store on the corner of South dF Brooklyn. Apply on the premia ag MACHINERY. OR SALE—A 40-0RSE ENGINE AND HOLLER, A ‘0.4 Fairbunk’s Scule aud a ‘Diebold, Norris & Co, No. G Safe, with double and inside doors,’ Apply at 1 Dunne st. aig prowe si RLEBKATED TAN ite Emery Whoels and Machines, by GEORGE PLAC, 121 Chambers st. M Lal MACHINERY orse power Enyine, Morris & T le, Shafting, Helting, de. ply at 19 Washingtor WANTED 7 FOOT FLYWHEEL, ALSO 45x ley: give weight, price and dimenstons. For sale, largest and cheapest stock of Engines aad Machinery in New York. ROBERTS, 119 Liverty ot WANTED TO, BuRoH AS Clock Maker Foot Lathe. 18ih at, le ouly twe PUL. iA nECOND HAND Address EMILE MIERS KEY AND MONTHLY TS for Furniture, Carpets and Bodding wt B. Ml. COW- WAIT & OO.'S, 155 and 157 Chatham st, “An im- PRIVATE FAMILY WILL SELL ALL THEIR BLE gant and costly Household Furniture at a sacrifice, ‘urlor, Chamber and Dining Furniture { sure change. Call private residence 4 JOTION ROOMS, 30 EAST 13TH ST.—FURNITURE, ets, Mirrors, Sofa Beds, Marlo 1s, Bedroom fe olsen, de. Private sal ton peices, —FUKNITURE, CARPETS, BEDDING AND STOVES «told ab lowont Gash prices Gn weekly ur’ mouthiy par. 1g dime sates, "de LYNCH. Doth sts A ments; no additional chur YO4 Sth av., between 25 HANDSOME HOUSEHOLD FURNITURE (PROP: tA. erty Col. T. Howls) tor sale in lots, at sacrifice; satin $125: Stein- ; inlaid C1 single and'brocade Parlor Suits, cost $400, for way Pianotorte, $250: Turkish Suit, bar Bedstonds, + rep and alreloth Fable, Baffor: loathe Paintings, sronses, Hall Stand, aaitive chance. Cali'at bro residence No, 47 West 16th #t., between Sth PICKHARDT SOFA-BED, GOST $125, FOR $40; also a cood Fares Solu Bed fur $20, Storage Ware house, 213 West 37th st. FAMILY WILL SELL THEIR ENTIRE HOUSE hold Furnituro: 8 uroat sacrities for cash; mgynlteant P 75, 8for intest style satin broe vst 85; Pin one do. do, $100 amber Nnits, with Dress $4 Bureaus, Wardrobes, hair and spring Matti reloth Suits, BIO up: Extension Tables, Sideboard, Silverware, Carpets, de Cali immediately, Kusidence 105 Enst 13th st., second door trom 4th ((abretecanPers—canrers, Carpets. Carpets, Carpets. D, KELLY’, Grent inducements for housek English Volvets, from $1 75 per yar English Body Brusyels, from $1 75 per yard, English Tapestry, fron $1 per yard. try, from $1 per yard, from 5c. per ¥a -ply, from.81 25 per yard. Onleloths, from B5e. per yard, ol 20, per yard. * An endlest aent of patterns in Tapestry Brassole @® $1 per yard. New gout and patterns received dally. ‘512 and 514 Sth av., corner 36th st, ene iiuiashsivaitinish eet tgeeen ae nema aoe POLAR ACCOMMODATION. Fashionable, well-made Purniture, # tresses, parlor Beds, Mirrors, Carpets, ‘and ou'the most liberal terms. GEOKGE A. CLARK, and Lair Mat- reduced prices PARTIES DECLINING HO CSEKEEPING ADDRESS Immedjately PEIN, 208 7th av. | Hishost prices for Carpets, Furniture, !fanos, Mirrors, Bedding, at 452, 454 and 456 Onna AYN’S PARLOR SOFA AND,LOUNGE BEDS RE moved to No, 101 Ath ay. KR; BEST IOR Water Coolers of all Send for eutalogue. PROPOSALS, ND TRUNK RAILWAY COMPANY OF CARADL pg for naic, ‘Tenders are invited for tho following old material, which will be delivered at any pot It del ry is required in the United States t! pay duty. Parties tendering to state where required :— Gest iron Berap. Wrought tron Sorap, Light iron Serap.. tool Serap wrought iron Driving Terms cash on delivery, por pound, and indorsed “Fender for Kerap." will be received by w ‘on oF before W: ameaday. May JI. JOSEP IL HICKSON, Ceneral Manager, servi WILL BUY A PAIR OF NEAT, 8 Hoots tor lady or gentioman, “Iron Claas” wie Bhoe for boys. CANP BLL, AMON. aces! Gamal Halt ore Hotel. elected, Eetabiis J. HM, BARRINGER, Dealer, ONKY ON DIAMONDS, WATC! mon a Jewelry, Sliverwure, Shawls, Beal Sicqnos, Lacon, Silks, &e., back when desired at ® very sims ALLE: