The New York Herald Newspaper, June 5, 1876, Page 9

NEW YORK AERALD, MONDAY, JUNE 5, FINANCIAL AND COMMERCIAL. Events of the Week—The Speculative Strength of Certain Stocks. THE MONEY AND GOLD MARKETS, Renewed Demand for Government Bonds and Higher Prices—Railway Bonds Firm— Railroad and Mining News. Wart Stresr, puasav, dunes, ire t ‘The week has been an unevevtful oue. While the glass of speculation has not moved up much it has pointed pretty steadily to “fair,” and cheerful auguries are drawn of its continuance in that quarter. Taking the Mat through there has been a visible improvement, not 80 mucn in prices as in the temper of the market. In place of the depression and gloomy forebodings which have go long hung over the street there is a disposition to regard the future more cheerfully, and though much cannot be expected in the way of a rise it is something to get rid of the atrabilious hue through which tho eituation has been judged. One of the principal items of the week has been the advance in Western Union under the fostering care of the Panama and Orton party; who went in fora moderate turn under the impulse of an intention to award a dividend and make a good showing as to their business receipts. Of course Jay Goula was not to bo caught napping, but moved along with them, buying as they bought and selling a little before them, as there was evidence of yesterday, If stockholders wore aware of the curious way in which this anticipated dividend was accumulated things would not lopk so couleur de rose, Alter Western Union Lake Shore has recoived the greatest attention, The prominent bears have closed ‘up their contracts, working the stock up to 54 in the process and letting it drop back to 521; when the mo- tive power was removed, The strongest bearish fecling in the street is directed against this stock, and prophe- cies of considerably lower figures are to be had for the asking. On the other hand, blocks of the stock are in strong hands, and many persou& consider tho sharos quite cheap at existing prices, The considorable advancé in the so-called granger stock has probably given more tone to the market than any other existing cause, for the reason that it was Delieved to emanate from a real legitimate improve- meut in their business. How long this improvement ig to last will probably depend on the continued grain shipment. Brokers have pretty much made up their minds to the recurrence of a dull and torpid summer, but aro drawing more hopeful horoscopes for the fall. It is to be desired that this anticipation will be realized. THE TRANSACTIONS OF THE WKEK. The following table represents the opening, highest and lowest sales, regular way, of the principal stocks during the past week, together with the number of sbares dealt in:— No. of Open- High- Low Shares. ing. at, eat, Atlantic and Pacific pref. 100 2 2 Atlanticand PaciticTel... 200 15-1815 Chicugo and Northwest’, 7,450 303, 40g -B01¢ G and N, W, preterred,.. 6,850 58% 60% _581¢ Chicago, R. Ifand Pacific 503 us; 106% 1004 id I. + 182 46% 46° 45 Pi @ol 92% gy 92K Consolidation Coal... 200 41% 41K 41 Del. Lack. and Western,. 7,504 1054 109°” 10514 American Express. 04 63 OS OS United States Express. a uy 7 Wells, Fargo & Co, 8974 89% Erie, 185, ld 18 Harlem ct 630 138 138138 Hannibal and St. Joseph. 500 13 13 124 Han. and St. Jo. pref Illinois Central, 130 0534 9545 Lake Shore. 144,500 5135 545135 Michigan Central. 13 45 47a Morris and Eszex. S22 (108 103% 103 Milwaukee and St. Paul.. 28,070 37 4034 87 Milwaukee and St Paulpt 43.950 64; k Central y Central, Ohio and Mississippi. Pacific Mail... Pittsburg and Fort Wayne Pacific of Missouri. 6555 6554 116K 16% Union Mining Co. 1 1 1 na nag nin Gold...... ‘Total for the week..... 487,013 CLOSING PRICKS—3 P. mM SATURDAY. & Harlem. ro aria tied Wab. Pacific. 59 Narousl Baa. 1346 © | 123 Prod Pet Co...117% 17% THE MONEY MARKXT, Exceptionally money on cail was loaned on stock collaterals as high as 5 per cent, but the principal busi- ness was done on a basis of 255 and 34, per cent Loans on government collaterals were negotiated at 2 and3 per cent. The bank statement of the week shows un excess of $2,041,925 in excess of reserve above legal requirements. Silver 1n London 18 quoted at 51%, ‘The following shows the value in gold of $100 sreenbacks (United States Treasury notes, fractional notes and national bank notes) at tweive o'ciock of the days named May 27. May 2. May 31, $85 49 «G88 ay $88 70 June 1, June 2 June 3, $88 69 $88 79 $88 BO Foreign exchange 1s quiet and thus far unaffected by European rumors. The nominal rates have deen 489 a 490 for jong and short sterling with a concession of M4 percent insalea, The following are quotations for the several grades of commercial paper: CURRENCY PAPER, Siaty Days. Double named— 4 ao 6 6 7 9 alo Oy al 8 ad lt may be added that the amount of names being written is very small, because business ts very slow all around and rates are very low. Besides, there is very Utele sale tor anything not strictly prime, THE WOLD MARKET, Speculation here was weakened by the changed as- pect of the European complications, the price declining fein 118% to 112%. Later, however, there was a firmer feeling, and a recovery of irom \ to % per cent The following are the fluctuations of the woek :— 12% 12% «112% May «RG may nay Toy | 113 }¢ GOVERNMENT LONDS The price of these during the week has been fairly Maintainea, and at the close bonds were strong at an advatice, especially for 1807's, It is now known that purtics bave been in the markot quietly picking up lots wherever they could do so without disturbing prices, and a good investment demand in whe aggre- yate is thus voted. For tho Treasury bonds on ac- sount of the sinking fund itis announced from Wash- ngton that there will be no further call during the present fiseal year; $13,000,000 have already been salled; $6,000,000 called last year and not presented nave been credited to this year, and the Secretary of the Treasury estimates that the redemption of frac- tional currency will be suflicient to make up the do- feveney. STATE WOXDS, Those have not been specially active, and the largest basiness is recorded in Tennessees, which shows an ad- ‘vance on jast week of about 2 per cent. It is believed that a considerabie part of the Louisiana consois bonds have been thrown on the warkets of New York and New Orieans, These bonds were issued in 1874 for the purpose of taking up and cancelling the old State bonds at 60 per cent of their full value, RAILROAD BONDS, On somewhas restrictea transactions compared with other weems, the tendency of railway boads has been to firmness, This is especially true of tho past two or three days, this class of securities generally sym- pathizing with the undertoue of the more speculative stocks. The Pacific issues are particularly stroug, and have been largely dealt in by those who are basing their hopes on Congressional legislation, SILVER A¥D YOKBIGN COINS. The following are quotations for silver and foreign coins in American gold :— English sovereigus.. $4 85 Napoleons. 386 Spanish dor 15 75 Mexican doubloons,. 15 40 Peruvian dolla! Mexicau dollars. . 89 California gold, ‘Trade dollars.. 91 Canada bills. . 92 Nova Scotts bills. Toulers, silver, 69 Soi doilars..... 81 Bank of Kung. notes. €85 Prussian X th. p’ca. 7 50 English silver.,..... 480 German X th. ploa, 7 70 THX PRODUCTION OF PETROLEUM. It is stated by one of the official journals of the oil Tegions that tho average daily production of petroleum for tue first four months of 1875 was 26,156 barrels. For the same time in 1876 ihe average has been 23,147 barrels, making a dectine for the first four months of the present year of 3,009 barrels daily, The average number of producing wells last year wag 3,143, and this year 3,590, with @ product of 644 barrels per well, against § 1-3 barrels in 1874. The stock on band in April is reported to be 3,900,703 barrels, but it is said that it would have been impossible to have filled an order ou tho 1st day of May for 3,000,000 barrels of merchantable oil owing to the large percentage of water, sediment, &c., to be tound in the tanks, MINING AND MILLING 1X COLORADO, During the week ending May 26 the Judd & Crosby Works shippod through the First National Bank seven silver bars worth in coin over $9,000, A body of silver ore weighing four tons, and intended for exhibition at the Centennial, was raised trom the Dives Mine a lew daysago. On the Wall Street Mine, so called, work was proceeding favorably when a sudden snow storm put 40 feet of water in tho shaft, and though the said shaft is down 93 feet in good paying ore we still con- sider the name unbappily chosen, Adits are being run into the Puy Rock fissure on Sherman Mountain and good ore is found all the way through the crosscuts, There are now five steam hoisting engines on this mountain, In the Baxter Mine the ore vein at the 160 foot level is one foot in width; tho last mill returns show 450 ouuces per ton. This was prob- ably concentrated ore. The Hardin veto, which has lain idle since 1869, hag been intersected recently by two adits at points that show ore, according to mill re- turns, worth 240 gunces silver to the ton, A Central City paper mentions that ‘articles of incorporation have been tiled with our County Clork and Recorder, of tho Colorado State Mining Company, with deeds for a con siderablo number of excoliont properties in this dis- Wict, Tho list embraces several good lodes which, under development, have proved to be rich and strong."” ‘The Silver Plume Concentrating Works are kept busy night and day on rock trom the Dives, running twenty- four ounces silver to the tou, eight tons being concen- \aled into one, and making ore worth about 190 ounces, The amalgamating ore is disposed of in Colo- rado, while whe smelting ore, carrying sixty per cont lead, 1s sent to Eastern markets. The local papers abound in descriptions of new machinery, new pro- cesses and new openings. In Boulder county the tollurium belt has been traced ag far north as Middle St. Vrain, where several good strikes are reported to have becn made. This metal is variously estimated at ten to twenty times the value of gold, Its commercial value bas never been fixed, THE CHICAGO, MILWAUKEE AND 8ST. PAUL RAILROAD yesterday reported its earnings for 1875 and 1876, and they compare with those of 1874 as follows:— 1874. 1875. 1876, Last week of May. + $340,129 $208,444 $296,000 Whole mouth of May.. — 964, 718,405 810,853 Five mouths to May 81, 3,599,174 2,650,273 8,083,116 —showing an increase, as compared with 1875, of $87,556 for the last week, $101,388 for the month of May and $432,842 for the five months; but, as com- pared with the year 1874, the decrease is $44,129, $145,0 nd $512,059, for the respective periods. MEMORANDA. The following statement, which was pablished during the week, is without foundation :—**The receivers of the Atlantic and Pacific Railroad Company announce that the July coupons will not be paid on the $7,188,500 bonds issued under the mortgage of July 1, 1868, and known as the South Pacific first mortgage bonds, which had not previously been in default,’? The Lake Sbore and Michigan Southern Railroad bas made a reduction in the freight rates on butter and eggs to the East of about 25 percent. The new rates are as follows:—Chicago to Boston and New England Points, 90 cents per 100 pounds; to New York, 85 cents; to Philadelphia, 77 cents; to Baltimore, 74 cent, and to Albany and Troy, 75 cents. The discrim- ination against the trade of New York has evidently not yet ceased, Philadelphia and Baltimore still being favored by lower rates on articles that must como by rall Some weeks ago we stated that Colone) Scott, Presi- dent of the Texas Pacific, was making arrangements to push that road westward from Fort Worth. A Phila- elphia despatch says that he and his friends, failing to get Congressional aid, have put up $1,500,000 cash, and will soon make it $2,000,000, and are contracting for steel and iron rails to build 120 miles of the Texas Yacitic Raiiroad west of Fort Worth. The road is to be completed thus far in August. It is uaderstood that they will push the road West as fast as possible, lest the California Pacific get ali the land grant Contracts for ail the work are to be let immediately. The defendants in the suit of the New York city au- thorities against the New England Transfer Company, to enjom the latter from ranuing the steamer Maryland trom Jersey City to Mott Haven, on the Harlem River, for the transfer of Pullman trains with through passen- gers between Boston and Philadelphia, have obtained an order from Judge Donohue transferring the case to the United States Circuit Court. The purpose stated for this move \s to secure a speedy trial without preju- dice, Meantime the Maryland will continue to run. DOMESTIC MARKETS, Gatvestox. June 3, 1876. Cotton sets middling, 11%¢. ; low middling. 107¢e. ; ordinary. Digc.” Net receipts, 190 bales: gross, Tui. Ba- ports coastwise, 1,053, Sales, 99. Stock, 15,576, New Onveans, June 3, 1876. 113%. ; low middling, 1086. ; good Net rece! 340 bales; xross, B16. Kx. Britain, 7,401. Sales, 1,000, Stock, Mosire, June 3, 1876, Cotton quiet and firm; middling, Me.; low middling, 1be.; good ordi A ve. J i cry Sales. 500, Stock. 15, oa Ke perenne vee Savanxan, June 3, 1876, Cotton dull; middling, Ie. ; low middling, 10 1-16e. ; good ary, Bye, Not 200. ordin ipts, 190 bales; Kross, J les, 132, Stoek, 7,976. Quanuaston, June 3, 1676, i. Cotton quiet; middling, 11 1-e.; low middling, Wie « lowe: good onlinary, We. Net receipts, 78 ports coastwise, 113. Bales, 50. Stock, 7,074, Waruinarox, N. C., June 3, 1876. Spirits of turpentine steady at 27e. Rosin dull and nominal. Tar firm wt $1 55, Cotton quiet ; middli ordinary, Yee. ports to Great bales.” Ex. Osweeo, June $20 0 $27 food—shorts, $15; shi $16; middlings, Canal freignts—Wiieat, Sty: corn and. ry York; lumber, $2 to the It ee 75 vo New York, Lake receipte—Wheat, 20,800 bushels; lumber, 85,000 feet. Canal shipments—Lumber, 847,800 foot. Burvato, June 3, 1876. Flour, 2,500 bbls. ; wheat, 340,000 bush io. Railros a se, unbulted, 19 per to N Iu; corn, 34,000 du.; oats, 11,000 Canal treights fem,’ Wheat, Oe. ‘dats, 4e.; corn nominally Sige, to New York, tol included. Ttxilroad freiguts steady. onehanged. “Flour niet, steady. t very dull, unsetiled : wales 1,000 busb- No. 1 Milwankbe at #1 24; 14,000 do. Port Washing- An do white Michigan at $1 37. Corn quiet; ary No. 2 mixed Western at Oats, rye and qlocted, Pork duit; $40 50 for heavy moss, lower, at 1234¢ Highwines nominal, Gloar rib and o! evipty—Flour, 1,000 bbls. ; whe 289,000 do. ; oats, 77,000 do. ipments—Plour, 9.000 bol. 242,000 do. ; oats, 71,009 do. ; tye, PRINT CLOTHS MARKET. Pxovipence, R. L.. June 3, 1876 cloths market loved fat at iprlees Previataly 64x04. Some print cloth mills are about to shut down UDew business improves. HAVANA MARKET. Havana, June 3, 1876. lightly declined, owing to om. 1040 12 Bute stand 334 reals; Muscovado suxi rs, common bo fair, Feula: fF to wood refining, 6 reals a6 reali 11 to 13, in boxes and bhds., 74g reals a 7 in was et Havace and Matansas, 370,00 receipt: the week, 19.00 boxe: Suporte during the week, 22,000 boxes ling 12,000 b and 8,000 hhds. Unless Stites, | Molesses nominal; 50 deuress polar zation, 435 0 reals ir keg. MOON, 2 » $4 Fowl. Flour. 8316 Doh for ‘Atorlean. Jered, beef, $4 75 per arrobe. wins, $40 9 $50 per quintal tor American sugereured. Lard. in kegs, $89 4 $42 per quintal, Potatoes, $6"25 a 87 por boi. Tullow, $27 » quintal. Wax, yellow, $14 50 9 $15 per arrube; white, §23 «$20, Honey, 5 Toals per gallon, Onions, no stock here. Coal oil, in reals per gallou. | Empty bhds., $4, 6 Lum! wor white pine, $33 Pt M. “0 ver M. Shooks dull; box, hhds., 17 4 18 reals; molasses, do, beans, 19 8 20 reals jo? arrobe, Chewing tobacco, $60 r quintal. Corn, 12 a 1235 reale per arrube. Hoops dull; long shaved. $35 u per M. Freight» dull for all quarters; Hing wt Havens for the United States, por box of Cig? 4 Te, per hd. of sugar, $3.50 2 BS" a5: per bihd. of molasses, $2 50 u $275; to Falmouth and orders, load dug at ports on the north const (outside ports) for t States, per box of suzar. 75s. a B7ize. ; per hhd. of sugar, $4 per hhd. of inolasses, $2 $325, Tebacco— panish gold, ited States, 6) days, curroncy, iy a BY discount elt, 7 a7 discount; short sight, go BRAZIL MARKETS, Rio Januia, June 3. 1870, Coffee market unanimated; prices firm: good firsis, 5,800 ge on London, 254, 95,950 reis per 10 kilow, Exel Rayros, June 3, 1876, Coffee quiet with s downward tendency; superior Santos, 5,200 a 5,350 reis por 10 kilos, FINANCIAL, UGUET BELVONT «6 Bangers, 19 und 21’ Nassau st., issue Travellers’ Credits, uvailable in all parks of th world, through the Messrs. Dis ROTHSCHILD and their correspondents. Also Commercial Credits and Telegraphic Transfors of Money on California aud Europe. T REASONABLE RATES.—MONEY ON LIVE AND Bndowment Insurance Policios, Mortgages and _othor Scourition; insucance of all kinds gffectod with bost com- panies, J.J, HABRIOH & CO. was STRADDLE PRIME STOCK ¥: «100 Rock island at 106, 33 day 100" Pucific Muil at 28, 51 days, $400 net. BAZLEY, Brokers iu Privileg.s, 74 Broadway, T SIX AND SEVEN PEK CENT—MONKY TO LOAN ‘on Now York and Brooklyn Property ; also $50,000 tor Putiging Loans; United States Securitles and Corporation junds and Stocks bought and gold. U, D, WILLITS, 163 Montuguo st,, Brooklyn. A STRADDLE ON 100 WESTERN UNION, 28 DAYS, ZL at for $250; Straddiv on 100 Lake Shore, 15 ays, $187 OU; contracts. on any Stocks at best market tutes. Book containing information for stock speculators went froe on application, TUMBRIDGE & OU., Stock Brokers, 92 Broadway, New York. NEW BOOK ON STOCK SI daily Market Report: inailed free; Stock Privilogos hegotiated; best market rates; Stocks bouzht or sold on 24, per cont margin; orders by mail salonrape promptly ited. L. W. & CO, ULATION, ALSO ILTO. N¥ AMOUNT TRUST FUNDS TO LOAW ON mortgawe; city, or Brooklyn, BAVITT & WOLCOTT, 10 Pine st. LEX. FROTHINGHAM & CO., BANKERS, 12 WALL st.. make investments of large or small amounts in Stocks of a legitimate character; reliable puts and cally; stocks bought und carried on u deposit of 3 to S por cent. Circulars and weekly reports sent free, Berrato city 7s, ‘due in 1881, for sale b; DANIEL A. MORA 40 Wall st, YOLORADO STATE MINING COMPANY—ORGANIZED under the mining laws of the Stato of New York: shares unassossuble : par value, $10 oach ; capital, $1,500,000, ‘Bhe properties of this company consist of « large number of mines aud muuing claims, comprising over 30,000 Mnear Foot, on well known, old ‘and, slivor odes in tho densely populated counties of Gilpin and Clear Croek, Colorado; the company has sufficient cash in the troasury for the work, contemplated during the present year, and holds 24,000 shares of its own stock. For the purpose of keeping an abundant reserve of funds in the treasury a limited number of the shares will be sold at $2 50 euch, in-lots to suit ‘An an investment this stock is believed to be free from the ordinary hasards of mining shares, while as a speculution 18 possewsew the element of promise in an extraordinary de- c ree, Fortier particulars may be had of WILLIAM WARD, Di Building. JT ALWAYS Have MONEY TO LOAN ON MoRT. ago Now York city property; city railroad Stocks an: Bonds bought and void,” fi. Lb. ‘GRANT, 140 Brosdway. G Yi Wc MORT NTED ON $2.000 rod: y located in the best part of Nin first mortga: held by savings in box 112 Herald Uptown Branch offic 1-4 WANTED—FOR ONK YEAK OR LONGER® $5.000 for which » good but not extravagant price will be paid, on security of personal property unincumbered, and worth man; #the amount required; additional se- eartty will be found in the character and the party. Addross INVESTME: $15.000-23 AP.§ TX BUMS OF 3,000 and upwara, to ‘lown on first mort- Fae, ou unexceptiouable city improved property. M. SAGA, 340 roadway. | ° 7 © $150,000 Forth iiesttya propery oe oer cont. EXECUTOR, Office 206 5th ut., near Bowery. 52 William st., Union Buildings. COPARTNERSHIPS. HE” GOPARTNERSHIP” HERETOFORE BXBTING betwoen the undersigned under the firm namo of Wm. Kenfman & Co. is this day dissolved by mutual conserft. Nathan Federlein, whe ix alone authorized te collect out- standings and in liquidation, will continue the coal business at Nos. 526 to 534 West 24th st. New Yous, Muy 20, 1876. WM. KAUPMAN. NATHAN FEDERLEL Manufacturing Company in Illinois want 000 to take controlling interest and ent A YOUNDRY “AND AGRICULTURAL” MACHINE 15, tire 1GGB & doing # good business. poly to Ga. 98 Broadw i } AVE GOOD PLACE, WITH STEAM POWER, AND would invest $5,000 in “* dd manufacturing bus 2 Lon or address JULIUS RZE, 316 Front st PO LET—CiGaR PE rooms, 547 6th established Commissio 190 ‘AL, IN AN OLD undoubted security. Address MONMOUTH, Horald office, @ A() —I WILL ESTABLISH ANY SMART MAN IN A it, by whieh he ca = = By Retort gel 5700 WILL BUY A HALF INTEREST IN A q business paying $409 per month; stock will foot wp $1,000, Addré 74 Broadway, room 6. 1 900, =PARTNER WANTED, IN THE DEST wl. + music and wine saloon un the Bowery: es- tablished four years: owner has other business, Address ALFRED, Herald office, 0 eo THE RIVER'S VICTIMS. The body of Joseph Slavin, eleven years old, of No. 157 Washington street, who has been missing since tl 30th ult., was yesterday morning found floating in the water at pier 26, Nor h River. ‘The body of a drowned woman was found yesterday morning off Kast Fifty-fifth street by Morris O'Connell, of Allen's Point. It had been long in the water, as both arms and feet and the flesh of the face had been eaten away by the flvhos. Hor beight was about tour feet. She had on part of black petticoat. The body w: seut to the Morgue. Yesterday afternoon an unknown man fell off 1 dock at the foot of East Third sireet and was drowne The body was not recovered. ‘The body of a drowned man was found in the river, at the foot of Van Dyke strect, Brooklyn, yesterday, aud was removed to the Morgue. Deceased was about sisted of a black diagonal coat, dark pants and whi Vest, cotton undershirt and Congress gaitera. The r mains were very much decomposed. BROOKLYN'S UNMUZZLED DOGS The attention of the Brooklyn Common Counetl will be called to-day to the necessity of adopting measures for the early extermination of useless and dangerous dogs which pow roam the sircets of the city. There 1s an order in existence requiring that ali dogs shall be impounded that are found at large aumuazzied dur- mg the months of Jane, Jaly and Augast, but lite attention bas ever been paid to the law, Several mad canines were shot in the city last week, A MYSTERIOUS OCOURRENCE. About three o’clock yesterday morning Officer Rog- ers, of the Third precinct, South Brooklyn, was on duty on Sackett street, near Degraw, when be heard a ery ef ‘Police |" proceeding from the direction of the river, He hastened tothe place from which he sup- posed the summons bad come, but could see nobody in that vicinity. Near a tree he found a gray coat and Vest and a white linen shirt, In the pocket of the vest was a gold watch and seventy-five cents ia carrency. The property was tak: Police Headquarters, Th supposition is that ( ner committed suicide. ARREST OF A DISHONEST CLERK. Detecti Zandt, of the Brooklyn Police Central Office, yesterday arrested a young man named Leo Houvelf, ou charge of stealing $160 which had been iven the prisoner by his employer, Herman Thang, of 288 Atlantic avenue, to deposit in a New York bank. = is hold to answer the accusation Justice THE COURTS. FUN IN THE TOMBS COURT. A THESPIAN TRAMP AT THE TOMBS—AN 0! FICER SOLD BY A PRACTICAL JOKER. When the watch was called in the Tombs yesterday morning the aristocratic name of Arthur Carlton Childs was announced by Sergeant Smith, and that Person, who was charged with intoxication, stepped up to the bar, He was young and shabby. His clothes Were threadbare and shiny, and he dangled a dilap dated hat from one hand while be braced bimself against the railing with the other. A stubbly brown mustache and a beard of three days’ growth, with a dark flannel shirt and a white paper collar, completed the pictare. “Well, Arthur,” said Justice Wandell, “where do you come from ?’’ Arthur (with an indescribable gesture) :— From every hill top sprang a soldier, And who tut J to lead thom on— 1, Jack Unde, the bondman of Kent. “Pray continue,” said His Honor, ‘you awaken pleasing memories. Where do you come from?” Arthur— Ttaly became my country when my eountry cast mo forth, Ajoined the acins of th: se who fought for freedom, And won—tor F dier weldom tails, “There,” said Justice Wandell, that will do. “f have seen the late Edwin Forrest in his prime, and | must say he never equalled you, Itiaa that your stage buriness is a little unnatural and that you have the toxt of Judge Conrad's tragedy somewhat mixed up; Dut your earnestness more than compensates tor your failings. Ihave heard that the theatrical season is dull, but still you may have achance to play ‘Jack Cade’ in some country company. Your offence is par- doned and you may go,” Arthur gazed wildly at His Honor and burst forth:— Ay, once mot as ig the storm ‘Phat it is free and will vo trove forever, and, with a one, two, three movement which would have done credit to Barry Sullivan, Arthur made his exit out of the court and skipped down Centre street, MALICIOUS INTINT. “1 have a prisoner here, if it pleaso yer Honor,” said Oillcer Bartholomew Murphy, of the Fourtn pre- cinct, as ho brought Morris J. Hubert, of Pearl street, to the bar, ‘“He’s a mane, dirty loafer, Judge, and Vil toil you how it was. Iwas on me post, when he steps up to me and says, ‘Oflicer, 1 understand there’s 4 law aginst playing ball in the strect, aud hore’s a bat I tuk irom wan of the boys.’ I tuk the bat, yer Honor, and heil—I beg yer pardon, yer Honor—if it wasn’t covered with black paint, and T spoiled mo new coat. I charge him with the malicious intint of injuring me person. ? Judge Wandeil could not refrain from laughing, and said:—“‘Hubert, you are Pecbarend.” Master Hubert walked out of court, a semi-audible chuckle donoting hig satisiaction at the result. ANOTHER POLICE OUTRAGE, SCANDALOUS SCENE IN FRONT OF THE OAK STREET STATION—4 WOMAM BEATEN BY A BRUTAL OFFICER. Fredorick Ringler is a newly appointed polico officer, detailed for duty in tho Fourth precinct, He hag on several occasions been reprimanded in court for using his club without nocessity. Yesterday morning he brought to the Tombs Hugh O'Donnell, aged tourteon yours, of No. 434 Pearl streot, and the lattor's mother, Cathorino O'Donnell. Ringler charged the boy with diaorderly conduct, and the mother with interfering ‘with the officer in the performance of his duty. Mra. OWonnell, whose character as a sober, industrious woman vouched for by the residents of the locality im which she lives, had her head covered with bandages, and tho front of her dress was covered with blood. Her son is in the last stages of consumption, When Justice Wan- dell took his seaton the bench Counsellor Cowan, who appeared for the prisoners, drew the attention of the Justice to the case, and gaid that the story of his clients convinced him that they had been the victims ofa brutal outrage committed by the officer. When the case was calied Ringler said the boy was standing with soveral others in front of his residence, at eleven @elock on Saturday night. He ordered them to go away, which they rofused to do, saying they lived there. He pushed them with his club, O'Donnell ran into the doorway and called him names, wheroupon he arrested the latiwwr, He had no soouer taken bim into custody than Mrs. O'Donnell assauited him and en- deavored to tear his shield of. He arrested her also, While in Chestnut street, opposite the station house, he was compelied to rap for assistance and broke his lub in doing so, whereupon he was attacked by a mob. Being cross-examined by Counsellor Cowan Ringler ‘at lirst seemed desirous of avoiding the ans any question which might injure him, pellod to admit that he might have struck Mra. O’Don- nell and ber daughter on the head three or four times, He said he could not tell who he clabbed, bat had no recollection of clubbing & young man who olfered to assist him to the station with the prisoners. Mrs. O'Donnel! testified that she saw Ringler strike her sun with the club; she said “Don’t strike my boy, he ts aick;’’ Ringler dragged the boy along and she fol- lowed; at Uhostuut strect the boy said, “What am 1 sted for? 1 did not do anything;” Ringler gave mapush with the club, and Mrs, O'Donnell said, want to see is my por hurt,” and Ringler struck her on the hand with his club, She showed her hand, which was swolien and blackened, to the Justice. When the officer struck her, to save nerself she tried to grasp the club, but he rained four blows on ber temple, and felled her, biéeding and senseless, into the gutter, After that she remembered nothing until she found herself in the station house, and, with her son, was taken to the hospital, She asserted that the offiver's club was not broken when he struck her, aud that no one interfered with or assaulted him. Mr. James Lawler, a deputy sherilf, was called by counsellor Cowan and testified that he offered to assist Ringler, who then surrendered the boy into his cus- tody; whem the oificer struck Mrs, O'Donnell the wit- ness said, “STOP CLUPRING THAT WOMAN; we can take them in,” when Ringler struck bim in the face, breaking his nose. Sarah O'Donnell, sixteen years old, testifled in cor- roboration of her mother’s testimouy, aud said that when Kinglor struck Mr. Lawler the club glanced off and struck heron the forebead, She showed Justice Wopeed oes on her temple caused by the blow. Mr. Lawler being recalled, testifed that Captain Willams rushed out of ¥ ation house and pre- vented Ringler irom using the club any more. Mr. O’Brien, residing ob the corner of Vak and Pearl streets, said that his attention was attracted by a noise jn the ‘street, andon looking out saw acrowd and Kingler ciabbing every one indiscriminately, Ho zed the action of the oflicer a8 most in- lor Cowan informed his Honor that there were a halt dozen witnesses in court who could swear to the same facts, and asked for the discbarge of his clients, In his address to the Court the coupselior stated that it was time citizeus should ve protected against the outrages perpetrated by brutes wearing police untiorms and clothed with a little brief uuthor- ity. He asked Justice Wandell to remember that the little boy, now rapidly on his way to the grave, was playing tb front of bis own door, when Ringler came up and pusbed him with the clab, almost throwing him into a busement, In any event, there could be no ex- cuse for clubbing Mra, O'Donnell in front of the station house door, where assistance could bo procured ata second’s ce. Justice Wandell discharged Mrs. O'Donnell and her son. Ringler, after the decision of the Court had been rendered, wanted to know what his duty was, and said that the U'Donnells were ‘a hard crows"? Justice Wandeil steruly rebuked him for his un- scemly conduct, and said that no matter how humble persons thay be, they had rights which should be re- pected, and they ought to find protection instead of outrage at the hands of officers of the law. ae Counsellor Cowan informea Judge dell that bo would apply for « warrant ior Ringler’s arrest to-day. A BRUTAL FATHER. At the Esvex Market Court, before Justice Morgan, yesterday, Officer George Little, of the Tenth precinet, charged John Vollmer with bratally beating and kicx- ing his daughter, Louisa Vollmer, in Grand street, on Suturday night. From the statement of the officer it would seem that the little child followed her father to prevent him from spending bis wages in a beer saloon, and to Induce him to go home. Ho turned on her, knocked her down ou tho sidewalk aud kicked ber soveral mes, Hut tor his arrest by Ollicer Little the prisoner would have been roughly handled by a vai her of citizens whe had witnessed occurrence. When asked what he bad to say, Volimer, @ big, burt berate, asked if be had’nta right io beat his own chil Judge Morgan held him in detault of $300 bat, POLICE COURT NOTES. William Fitzimmons, of No, 365 West Thirty-third street, fell asleep on a bench in Washington square at four o’clock yesterday morning, and William Gray, aged sixteen, Of No. 67 Horatio street, and John Gib- son, aged nineteen, of No. 214 West Twellth street, stole $5 (rom bis pocket, They were arrested by OM- cer Kilkenny, of the Fifteonth precinct, aad committed for trial by Jastice Dufly at Washington Place Court, Edward Cassidy, aged eighteen years, ot No. 302 Chorry street ‘was held for trial at Essex Market Court yesterda vf statching a watch from John Iserloh, wit, wuom ho entered inwo conversation in Cherry stieo!. While Catherine Horn, of No. 638 East Eleventh street, was in St Bridget’s Cabolic church oo Saturday piuht she caught Henry Malco, of No. 28 Cornelia street, 1876.—-TRIPLE SHEET. capciow her pocket. He was held fortrial at the Essex arket Court yesterday. While Mr. Joseph G. Steigler, leader of the Go’ nor’s island Hand, was buying flowers in Washington Market on Saturday night, Daniel Bree, aged twelve, of No. 474 Pearl street, picked his fob pocket of $7. Broe was held for trial at the Tombs, Jeremiah Quinn was comsnitted for trial by Justice Kaswire in default of bail on a charge of assaulting Officer Wilson, of the mounted squad. Quinn said in bis own defence that he, scent the oilleer in a scrape ahotber, attempted to aid the iormer and was ussaulted by him, He admitted that in defending him- self he might have struck the officer, Ofliver Davis, Eighteenth precinet, arrested on Sat urday night Charles MeNevins, No. 146 East Twenty- eighth street. apd James Hartford, No. 3 Bast ‘Twenty-eight street, on counter charges of assault and battery. Hurtford said he cot McNovins in the hand with a razor in order io save himsvif from the assaults of the latter and bis triends. McNevins claimed that Hartford cut lim without any provoration ana that he was compelled to use bis stick on Hartford's head pretty freely to save his own life, They refused to press the coinplaints when in Justice Kasimre’s court and were discharged, Godirey Schubert, No. 759 Third avenue, accused Henry Lee, No, 261 West Fifty-second street, uf suate! ing from him a pocketbook containing $200. The de- fendant wanted change for a twenty-five gont stamp, and went to Schavert’s store to get I, Wine Sehu- bert wag ee Hy him he committed the offence al- leged. In default of bail he was committed by Jastice Kaswmire for trial at the General Sessions. Ofticer Lord, of the Nineteenth precinct, who bas been in custody at that station house since Saturday on 4 serious eomplaint brought by his young wife, was again brought before Justice Kasmire yesterday, aud gave bail lo answer at the Special Sessions. le was ulraid of @ night im the court prison and begged to be remanded to the station house, COURT OALENDARS—THIS DAY. be on Court—Cuamnrrs.—First Monday's motion ndar. Surksms Covugr—Geseaat Teex.-—Adjourned until July 6 for the purpose of rendering decmons. Svuraexas Covcnr—Srecia, Texm—Held by Judge Lawrence.—Court opens at bail-past ton A. M.—De- murrers—Nogs. 1 to 23 inclusive, Law and fn 173, 174, 389, 97, 409, 311, 40. 350, 334, 862, 361, 410, 411, 314, 315, 7. Surksme Couxt—Cincvit—Part 1—Ileld by Judgo Barrett. —Court opens at hali-past ton A. M —Nos. 721, 1811, 1072, 2358, 1909, 1629, 1113, 1637, 1789, 1741, 1473, 1767, 807, ‘1899, 1877, 1781, 1789, ‘1581, ' 423, '1623," 1461, 1ivd, 1809, 1929, oT "Purt’2—Hold by Judge Van Vorst.— 125 55, 08, 800, 680, 17724; B80, 1824, 1258, 7, 2404, 1422, 1318," 872, 2110, 1442, 2408, 1468, 695, 1011, 1436, 1437, d24, 1876, L164, 1096, 1444, 048,” Part 2—Held by Judge Lawrence,—Nos. ‘80734, 1730, 2489, 801, 111, 1291, 3023, G21, 1809, S754, O2bIs, ISL, 15, 120, 154 947 bg, 2888, 1160, 1497, 1823, "2801, 313 Suveniok Cournt—Gsngeat TeRM.—Appeals from Orders—Noa, 1 to 1b inclusive, General calendar— Nos. 1 w 36 inclusive. Surmuion Court—Srecian Texm—Held by Judgo Sedgwick—Court opens at tep A. M.—Calendar called at eloven A. M.—Demurrers—Nos. 1 10 8 inclusive. Issues of fact—Noa. J to 53 inclusive. Surenion Covunt—TniaL Texm—Part 1—Held by Judge Sandford—Court opens at eleven A. M.—Nos, TAS, 2101, 1113, 1074, 1179, 905, 2027, 1110, 1122, 1123, 1128, 1121, 1135, 1848, 1072. 1112, 1 080, 1105, 1108, 1124, 1134, 1136, 1175, 1130, 746. Part Nos. 1675, 741, 919, is, 1005, 464, 764, '712, 1189, 722, 1139, 1157, 1664, 1738, 1027, . ComMoN Pixas—Kquiry Txrm—Held by Judge Van Hoesen.—Court opens at twelve M.—Nos. 1 tot in clusive. Domurrer calendar—Nos. 1, 2, 3 and 4. Common PLEas—VRiat TeRx—Part'1—Hola by Judge Robinson, jourt opens at eleven A. M.—Nos, 95643, 956, 1900, 1680, 1436, 369, 1164, 2115, 706, 2281, 2120, 212%, 2185, 96444, 2051, 1211," 2147, 2148, 2154, 2153, 2154, 1144, 1608; 2033," 1658. "1808, ' 1864,’ 2230,’ 2231, 2282, 2234, 1038, LLY, 1347, 2337, 461 Is71, 696, 2128, 2129, 1562, 2103, Hold by Judge’ Van ‘Brunt.—Court M. .—Nos. 1856, 715, 14 1688, 1447, 1149,'2119, 2388, 2 300, 240) 24 30, 2431, 2432, 2438, 2434) 2495, 2436, 2441, Wd) 2444, 2446, 2447, 2445) 2449. by Judge J. F. Daly.—Court opens at 10:30 A, M.—Nos, 1054, 1405, 1899, 1900, 1902, 1904, 2004, 2044, 1993, 1995, 2090, 2005, 2445, 2047, 2048, 2004, 1907, 2001, 2008, 2046, ‘Maxine Court—Taiat Teua—Part 1—Held by Judge Alker, in room 16, City Hall,—Court opens at ten A. M.—Noa 1914, 4175, 76, 4177, 7711, 7249, 4160, 4191, 4194, 2730, 4161, 4223, 4251! 3189,'7074.' Part 2—Hold by Judge Sheridan, in Sv preme Court General ferm roow.— Nos, 2014, 4111, 4001, 4125, 3749, 4283, 4283, 4004, 7730, ToTd, 7621, 4104, 4116, 4505, 2234.’ Part 3—Held by Judge Smnott, at No, 27 Chambers strect.—Nos. 3896, 6950, 4477, 7330, 7331, 6761, 6996, 7600, 3009, 7077, 7078, 7085, 6927,,6951, 6878, Court or Guxegat Szssions—Part 1—Held by Re corder Hackett.—The Peopie va, James R. Johnson, felonious assault and battery; Same vs. Patrick MeCarthy, felonious assault and battery; Same ys, Charles Davies, burglary; Same vs. James Reilly, grand larceny; Same vs. John Aloxander and Charles Le Saulsbury, grand larceny; Same vs. William Buck, grand larceny; Samo vs. Laura Cook, grand larceny } Same vs Jacob Kralovec, grand larceny; Same vs. Joho Williamsoa and John W. Meyers, grand lareeny; Same vs. Charles Clarkson, burglars’ tools. Part 2— Held by Judge H. A. Gildersiecv he People vs. James Harrigan, robbery; Same va William Mitchell, felonious assault and battery; Same va Wilham Smith, burglary; Same vs. James Sampson, grand larceny; Same vs. John Malony, grand larceny; Same va Michael McDaid, grand my; Same va John li, Meyers, forgery; Same va John McCarthy and Jam Powers, false pretences; Samo vs. James Nagle, taise prosences; Same vs. John Ward, assault and battery ; Same vs. Thoinas Edwards and’ Charles Jones, assault with intent to steal, DECISIONS. SUPREME COURT, CHAMBERS, By Judge Barrett. In the mattor of the estaye of Durfee,—First, The petition should be signed by the committee to person. Second, The referee shorid not be a substitute for the thority of the Court, The committee may take bis advice, but such advice must ve reported to and acted upon by the Court Lelore the committee wiil be juati- fied in proceeding. The Court and not the committee should nominate the referee, Third, 1 see no reason for authorizing a clerk on these pipers; the com- mittee can do the work himselt, Fourth. There snould be a report as to the advieability 01 the sale ot tho patents, &c,, belore the order is mide, Chase vs. Speriug—The report, in my judgmen', was justified by the evidence. Ium, therelore, con: strained to hold that the representations were made, as alleged by plaintifis, and 1 have nothing to add to my previous memorandum ay to their falsiy. ‘The motion to vacate the order of arrest must, therefore, be denied, with $10 costs and disbursements, Kellum, &c., vs The Mayor, &&.—The plaintiff! was not only justified in bringing the suit, but would have been derelict if she had tailed to do so. Her defeat was because of proot dolurs the record; andor such etrcum- stances it would bea harsh exercise of discretion to mulct the estate beyond the ordinary costs of the cause, Had the verdiet been the other way I would not have thought of granting an extra allowance against the city. Motion denied, without costs. Hilborn vs. Kobbe, and Gilman, &¢, va. Gilman— Orders granted, By Judge Lawrence. In the matter of the petition of Charles H. Whalen, &e.—Granted, ‘Anway vs. David. —The Jurisdictional points raised by counsel, as 1 understand this case, have been passed upon adversely to the defendant by the General term. It Lam in. orrect in this view I shall follow the dect- sion ot the Justice at the Special Term on the question of jurisdiction. Assuming that jurisdiction exists, the exain pation discloses a case tor the appointment of a receiver, Webb vs. Or Hoyt, 2 Robinson, 307; Batley va. Lane, 15 Abbott, 373; case, 2 Abbott, 476, Let an order be enter ting Avery J. Brown, receiver. 'u the matter of the certificate of incorporation of the Orient Club,—The certificate does not appear to state the names of the managers or officers of the clab jor the fist year under the incorporation as is required by section Lof the Laws of 1875. Cowen vs. MeCuun,—This motion is granted. Sce 3 pp 175 ana 176, see 41 and 46, bth edition ham vs. Ripley, 16 How., 813, 314; Merserean v yeus, 12 How., 800, 301, Uliver ve. Morrison. —If the defendant desires an in- Juuction 1 think that be should tile @ cross bill or com- aint. Pajunta vs. Kent.—It would appear trom ‘the brief of counsel that the cases may turn somewhat upon the construction or force to be given to un ordinance of the Common Council, The ordinance 18 not set forth in the stutement of facts presented, nor has it been proved, Before deciding the cases T wish to have the ordiuance proved in some form 80 that the record can be mage complete, Davis vs, Lovey.—Any application of a motion for a Te-argument must be on notice to the other side Wallace & Sons vs Castie.—Counsel m submit fs, showing the grounds on which they respectivly mand rr the various items stricken ont by the Ulork on the taxation of the bill of costa Such briets may be submitted within one week from Jane 1, In the matter of Raftery.—The power of attorney read upon this Motion purports to have been acknowl- edged besore a commismoner of deeds for the state of New York in the State of Calitornia, The certificate of the Secretary of State required by see, 4 of chapier 2,700 of the Laws of 1850 is not subjoiued by the clerk, ib order that the certificate may be supplied. Cutting ve Stevens.—Schwart being a defendant in the action and having obtain mortgage, &e., 1 do not see, Upon the Mvtion for the uppommement of the receiver, how he eau clain that he is not bound to obey the order or avuid the penalty of being in coutempt for a refusal to obey i, Bis counsel on the argument stated, as 1 uoderétwod him, that there was an answer to the mov ing papers, aud desired leave to present an aflidavit. T shall give him an opportunity to do so, Such aflida- vit must be served of the plaintiif’s attorneys within three day@ from the Uling. Heilbron va, Fox.—The affidavit of Benjamin Estes, which purports to have been made on the 9h of May, is not certilied by 4 notary or commissioner of deeds. As the view whieh | have taken of this motion readers the affidavit of slight materwlity, | shail allow the Mdavit to be veritied betore settling the ord shall dispose of the motion on the stand, ‘The aifidavite read in support of the motion for a resale, #0 far as they toad to show that the price obtaived was inadequate, do not, in my opinion, Uring the case within the rule laid down in cases where in- adequacy of price has been held to be a ground for vacating the sale, (American Insurance Company va. Vakley, 9 Page, 250; Duncan vs, Dodd, 2 Paige, 09; Mar! Ladiow, 2 Sandtord, 66.) ‘The only important uestion in the case iw as to whether the delendan' ox, Was entitled to notice of the time and place sale. He bad appeared in the action, but bad made dofauit potting in no answer. jotice of the appi- cation for segeers &c. of tho taxation of the cose had m2 served «upon bim 1 do | fendant nor that any of pa, 6 Abbott, 92; Beamish vs, | ruc 7 of the court which Preseribes the man: of giving notice of sales in fore closure cases to requre the plaintiff attorney to serve a copy of the sale upon a defendant bad notice of the application for judgment, and by attend! on that plication Le could have ascertained the name of the Feieree appointed to make the sale and whose daty 16 would be, under the rule, to publish the notice. I eapnot see that any injustice bas been done to the de- his legal rights hvae been in- fringed. Motion 13 ihcrefore denied with $10 costs. Wyman ys. Schappert aud another.—As the cause of action and the ground of the arrest appear to be the same, the motion to vacate the order oF eSteat will be denied without costs. As the defendants are in gustody, the cause may be advanced upon the calendar for trial, pursuant to rule 45, Nv cosis. Buckmaster vs. Meyer and another. —I hi upon the margin of the stenographer’s minutes my Tutings upon the various questions submitted. Noy understans Butterfield ve Kiaber et al—Phe plaiutif’s make out = prima facia = case for an injunction apd) the justice to whom the papers were presented in the exercise of his disere- on granted the preliminary order, The aifidavit and answer read on the part of the defendants fail to deny all the equities of the compiuint, and as I cannot om this motion determine as matter of fact that the whole inurance to the plaintifls proceeds from the rubbing machine, as is alleged in the defendants’ affidavit, the injunction must be continued pendente lite, (McKeon ve. Lee, + Kobt., $50.) Injunction continued, with $10 costs to abide event, Salouion ve. Wilbur.—Motion denied without costs, (See remarks of Judge Rosekang, 28 N. ¥., 238.) Iu tho water of George Alexander Browg, an in- fant.—It is not disputed that the infant ts the child of the petitioner, Adeline Brown. The eluim which is made to the custody of the child by the respondent cannot be sustained, None of the provisions of the act of 1873 were complied with at the time that the re- spondent alleges that the child was given to her, It canuot then be prewended that the respandent has adopted the child. (Laws 1875, p 166.) After a very carulul examination of the voluminous testimony in this case | caunot refrain trom the conclusion that the petitioner never did give the child to the reapend- ent. Under these circumstances it toliows that the peti- tioner, the motner, ix entitled to the custody of the child, and tt is accoraingly su ordered. Mungeriord vs. Santord.—While | have no doubt as tothe power of the Courtto grant the amendment asked for, I think that this motion should be denied on the ground that the defendant has been guilty of laches 1m bot moving souuer. By bis papers the defendant shows that he learned of the defence, now sought to be. pleaded, as early as last December, and the motion is not made until the ca ¢8 are calied for trial —Motion te ameud 1s denied, with $10 cos| ‘Thomas vs. Whitney. —Granted, Matter of McCabill.—I1 the counsel in this case have any points to present upon this motion, I desire them to do so as soon 48 possible, Mendel vs, Schuster,—As the plaintiff isa party te the dispossession proceeding, I am of tho opinion that the injunction heretofore issued cannot be continued. If the agreement alleged im the complaint , was made between the plain and the de feudant it can be set up as a defence in the proceedings before the Justice, and if valid the pluintuf, as defendant in those proceedings, must pre- vail If the Justice before whom the proc e pending erroneously decides as to the off agreement the proper remedy of the plaitiff is by tiorar: to review the decision. (Seo Bokeo vs Hat ersicy, 16 How., 405; Benjamin vs, Benjamin, 1 Seldén, 383.) Motion to vacate the injunction granted, with $10 costs, Taylor #, Mabic.—As the item of $5,000 contained in the bill of particulars is the sum mentioned in the agreement dated November 30, 1874, which agreement was executed by the plaintiffs and the defondunt, Ma- bie, 1 see no reason tur ordering a further bill of par. tievflars. The plaintiff inust have understood the ite: of which that amount is the aggregate at the time he signed the agreement, The motion is therefore denied, bat without costs. Fogg va. Edwards.—Tho motion for leave to’ file A supplemental answer must be denied. First, the au- awer proposed is in conflict with the terms of the stipu- lation. Second, the propased supplemental answer 13 not consistent with the original answer, inasinuch as it denies » liability for tema which was admitted by the original answer to be dug. (See $4 Barb., 198.) Thirs 1 cannot discover that the admission of the mdebted. ness as to the extras wus at all dependent on tho result of the arbitration between the defendant and the rail- Feed Gore pany. Motion denied, with $10 costs, to abide even : Bennett ys. Wilson,—The motion to yacate tho at- tachment must be denied, as the motion js based upon the plaintiffs paper, and not upon affidavits on the part of the deiendant. ry allegation in those papers must, for the purposes of the motion, be taken as true, The affidavit on which the attachment was issued seems to me to present a case in which the Court possesses the power to grant an attachment, even 11 the uction be regarded as for monoy had and received. (See ho sec, 229; Gordon vs. Hartelic, 37 N. 164 an 105.) As to the point that if the action be rued ut one for money had and received, the summons bet for relief, it is sufficient to say that such objectiot can only be made available, if at all, on a direct motion for that purpose, The complaint and affidavits disclosing a case for an attach- ment Ido not see how! can look into the question whether the summons is correct in form on a motion to vacate the attachment, Motion denied, without costa. By Judge Larremore, Oliver va. Morrison.—Let counsel attend for scttloe ment of order June 4, at ten A, M. By Judge Donohue Boggs va, Fagan; Bruster vs. Borat—Motions de- Died. or In tho matter of Sixty-filth street, &c ; Marvin ya Prentice, —Orders granted. In tho matter of Meltz, &c.—The relator is entitled to the custody of the children, UNITED STATES SUPREME COURT. Wasuiutoy, June 4, 1876, The following are among the recent decisions of the Supreme Court:— No, 82 Gilbert Woodraff et. al, va. Benjamin FP. Hough et. al.—in error to the Circuit Court for tho North District of Iinois.—Jobn Alien having con- tracted with the Supervisors of thy county of Winne- bago, Hlinois, for the building of 4 county jail, maao another contract with defendants in error, who wel plaintiffs below, for all the wrought iron work neces- sary im the constraction of the building, The plain. tills here, who were defendants below, became sureties jor Allen by # written guarantee that he would perform his part of the contract—that is, would pay,.as Le had promised, these sub-contractors. In the progress of the work differences arose between Allen and bis sub-contractors growing out of the refusal of the Supervisors to accept the work furnwhed by the latter, ou the ground that it was not in compliance with the speciticutions of Allen’s contract with the Super- visors aud with defendants in error. After much of the work was dove and put in place was condemaed and the work abandonca by defendants 1a error, who brought this suit agamst Alieu’s sureties for bia failure to pay, as they had guaranteed he would ‘The errors assigned relate to the charge of the Court and she refusal to charge as requested by the plaints in error. . ‘The main ground of error seems to be thus the Conrt did net treat Hugh and Butler, the sub-contractors under Allen, a4 bound by all Allen's contract with $ne Supervisors. But while they accepted the spesitica- tions for the wrought iron work which were in Alien’s contract With the Supervisors, they did pot agree to. bo bound by the Supervisors’ acts in accepting oF raject- ing the Work as coming up to these speciicauops, ‘This Mr. Allen did in bis coutract with them, and no doubt this has led to the present controversy. The Su- pervisors reserved the right to decide between them and Allen whether the work conformed to the specifica. tions, Alien reserved no such power in his contract with defendants, These latter had a right, in the event ol @ difference on that subject, to have the difference sot- ued by a court of law, and Allen run that risk if he rejected any of their work. “But the Supervisors could ject work without such hazarg, because Allen bad Sareea to submit to their Judgment in case of such @ iference, It is held that the instruction of the Court was suf ficiont, ‘Me fact that Ailea, under the circumstances of the cage and iw consequence of the jucgment, will be a loser tv the amount 0; several thousand dollars, does not show the insirucvous of the Court to be wrong. If there was an error it was commited by the jury. This Court will not retry the case on that account, ‘The mistakes of juries are beyond the jurisdiction here, Aflirmed, Mr. Justice Miller delivered the opinion. No. 80, Henry M. Nebvlew vs, James K. Macfarland— Appeal irom the Circuit Court for the Disiriet of Louisiana —!he allegation of error in this case 16 fined to aBingle point In his brief the counsel for appellant say :—° The Court erred in not making the payment of our bond @ condition precedent ta the ree couveyance of the plantation as set turth i sf mo. ton for 4 new trial; and on bois ground dod trou this int of the decree do we appeal and ask for relief.” The wclion was brought to set aside the conveyance of a plantation i» Lowwana, made by Macturland to the appellant, Neviett, upon the allegation tbat the conveyance Was obtained by the fraudulent acts and representations of Neblett and his iaiher, The aply consideration give professed to be given by Neblews for the conveyance Was the cancellation of a certain bond for the sum of $14,464 51, executed by Mactar- jand to Sterling Neblett, the tather, and alleged to be the property of Henry Nebiewk The be- low adjudged the transaction to be traudu- lent, directed the execation of a deed reconveying the property, and ordered the return and delivery of the bend for $14,464 61, unallected by an: indorsement of eredit or pres thereon, and the sume, with the mortgage le lor ite security, to re~ tain the eaine hen thereon and the same — Ly be Sey Bnd Be been a Y any cangels ation of the en pluce, The complaint po made is that, instead ofdirecting a return of the vod dw specie, as « condition for the return of the Jand, the Court should have direeted the payment of the amognt of woney secured thereby. In cases of thig chatactet the general principle is that mast do equity; that the party against whom renef it < sought shall be remittea to the occupied betore the transaction complained of. ‘The Court ceeds on the principle et te the tramsseties Saghh never to ha us far as havestood it this principle complaining party tm this sav. his property that he bad and received his deed—to wit, hie $14,500 tn amount, of curity and impaired by the lapse of tim have compia.ped. But he patd Fendored « bond against an insolvent debtor who nd & mortgage upon an 10 and in relation Jotts, father and soo, make the mogt t security, Whether” receives now the same security that vendor, Noris i any we Cus, reecived on @ fra sato that i since the dato of tho transaction, =