The New York Herald Newspaper, June 9, 1876, Page 11

THE COURTS. One of Colonel Thomas A. Scott’s Railway’ Ventures, SEEKING PAYMENT FOR RAILROAD IRON. nother Influx of Motions in the Walker Divorce Suits More Than a Fleabite for the Rechabites, Some five years ago Colonel Thomas A. Scot, Thomas L. Jewett, John Duff, Andrew Carrigic, Oakes Ames, Gordon Dexter and others formed themselves into an association known as the Davenport Railway Construction Company, for the purpose of building a toad between Davenport, Iowa, and St. Paul, Minn. As such company they purchased from Drexel, Morgan & Co., Perkins, Livingston & Post, Jessup & Co., and other importers of railroad iron in this city, $250,000 worth on the promissory notes of the company, se- cured by its bonds for $241,000. When the notes be- came due they were not puid. Then the creditors found that the votes were sccured by a bond on the Property of the railroad company, which was not in existenco when the mortgage was executed, and that bonds for $3,500,000 had been issued in Europe. Asuit was brought by Jessup & Co. and the other parties named to compel the payment of tho notes, and the caso came to trial yesterday before Judge Sanford, of the Superior Court. On investigation plaintiffs found, as they hold, that thero was a sud- Slantial failure of the defendants to comply with the statute of lowa, regulating the formation o! companies with only corporate liability tor debts, and they hold that the defendants are jointiy and corer liable, The defendants hold that failure to file a certificate of incorporation with the Secretary of State does not make them, like the members of the vurious ex- press companies, liable individually, Although this question is the only one at issue the trial is one of the most important railroad suits that has been betore the tourts for some time, and the likelihood is that it will occupy several days. THE WALKER DIVORCE SUIT. This cause has been since Monday on the day calendar, before Judge Van Brunt, in the Court of Common Pleas, Judge Van Brunt rendered an opin- ion striking the case froin tho calendar yesterday, which defers the trial for the present, The wife in this case shows fight, Her counsel, Mr. John B, Perry, moved on Monday tostrike the cause from the calendar on the ground that no reply had ever been served by the husbana denying bis allegod adulteries, and, there- fore, that there was ‘no tssue to try. Yesterday Mr Perry noticed a motion for next week, before Judge Van Hoesen, that the husband be compelled to answor in the cross suit and that two sets of irsues be framed by a referee, one set being the adultery issues other set being issues of fact and law. Smith now appea: counsel tor the husband, with Mr. George W. M: and he nas been moving eveiy day before Judge Hoesen to recover his lost ground. Dr. Wal has refused for three months to answer in the crosssuit brought by tho wife. Mr. Perry says both actions must be tried together, that the reason a cro: adultery suit is ever brought is because in this State the wife cannot obtain a divorce unless she is a plain- tiff; that where she is a defendant ail the chances are with the husband, and ho is witnout risk; that the wile here in her cross suit sets up the Cahiornia statutes and a contract that if she succeeds in the action sho Wins $500,000 aud over.in seven cent income pay- ing property, and not so much alimony per woek or year at all, and that the Doctor don’t want to be under the risk of havi divide his property with nis wite In the event he in the action, and hence bis strug- gle to try his own case and not try hers at all. The orders to show cause go over to-day, and per- haps every day next week, before Judge Van Hoesen, at Chambers. Isisto be kept in mind in this litigation that the husband started it. The wife is on the defence, and her counsel says there 1s no doubt that both cases will betried beiore the same judge and jury. and at the same time, the verdict to be given in the action brought by the party whom the jury decides was the innoteat pay: Mr. Perry has won every motion on this subject ‘$0 far. THE WRECKED RECHABITES, In Supreme Court, Special Term, before Judge Law- rence, there was commenced yesterday the trial of the suit of John Lafond and others vs, Héury W, Deems. Tho plaintiffs and defendants, of which there are about thirty-nine, are members of an organization called the “Washington Tent No. 1,” of Rechabites, an association for benevolent and temperance pur- poses, and as such had accumulated a fund amounting to nearly $5,000, The main portion of this fund is accumulated irom rents aod business ventures of the organization other than the object for which they were organized. In October, 1875, the plaintiffs were elected trustees, ana uch became entitled to the possession of the funds all the property of the association, they having given bonds therciore, but the defendants, together with one Stackpole, who had been elected President or chief ruler, endeavored to oust t in- tifls and served notices on the banks not to recognize them and forbidding a transfer of the funds, This and other dissensions and troubles has caused a wreck among the “Recnabites,”? by which title they also call themselves, and the ‘Tent’ or Ancient Order of Rechabites is now in court in a suit by the plaintif® to dissolve the organization and divide the funds among the members. Johu Lalond, the chief mover and trustee, was vesterday examined, Ex-Judge Cowles appeared for plaintifts, and Langbein Bros, for eleven defendants who joined with the plaints Stewart & Towiey for ather defendauts, SUITS ON WAREHOUSE BONDS. Suits have been begun in the United States Circuit Court against the following named firms and their sureties on warehouse bonds for balances of duties:— §. Wondiing, $150; H. B. Claflin & Co, $1,626; Riva & Co,, two suits, $156; Hugh J. MacFarland, three suits, $350; C. A. Spier & Co, three suits, $110; Hexter & Hess, $3,300; Westray, Gibbs & Hardcastle, $886, C. H. Boden, two suits, ; Wilkie & Ibbotson, $1,610; 2. G. Johnson, $1,260; A. B. White, $4,900; F. W. Lohman, two suits, $4,600; A. Dubois, $1,230: Levy & Hurat, $1,095; Leaycrait & Co., $1,002; 6. Lamothe & Bdon gos H. G. Rich ose: “ag nag o., ; . Richa ; Harvey Barnes, / W. B. Cooper, Jr. ; Read Bros. & Co., 984; Shackelford, Haas & Co., $1,433. SUMMARY OF LAW CASES.” There was a formal settlement yesterday of the order recently granted by Judge Donohue, allowing the Bleocker Street Railroad to be leased to the Twenty- third Stroet Railroad Company. Judge Donohuo of the Supreme Court bas appointed ex-Judge Freedman receiver of the proporty of the In- dustrial Exhibition Company, at the instance of Peli- torium and Raynor, jadgment debtors, Before Judge Robinson, of the Court of Common Pleas, Henry D. Felter obtained yesterday a verdict of $1, 04 against Mary Eliza Cooper, administratrix, on account of a leaso to her husband. The defence ‘was that he was insane when he executed the lease, but the jury did not think this allegation proven. _ In the United States District Court yesterday ten of the suits against Merrick Price resulted in Judge Blatch- lord ordering verdicts for the United States, the amount aggregating $20,481 42, The case in which ¢ surety, Cl G. Hanks, was defendant was decided Against the goverument subject to the opinion of Court The suit brought by Charles E. Strong, receiver of jonal Bank, against Charles Trainor, to recover $20,000, amount of bond which he gave for the faithful performance of (he duties of cashier by his son, Mark L. Trainor, was yesterday conclud udge Lawrence, holding Supremo Court, Circuit, betore whom the case was tried, directed a verdict for $23,500 for tha plaintiff, being the amount claimed with in- terest. ‘Special mt Sharratt, of the lost Office, received Ford “Hoy vind ofa peel issued from ‘the head- uarters of the sawdust swindlers of this city intended for those whose cupidity for gain disregards the crimi- nality of the act by which they acquire the sam Bills to the amount of $400 are offered tor $100 genu:: mopey, acd purchasers of the ‘‘queer’’ ure cautioned against sending their money through the maiis. The circular bears no date and. no 61 ture, but accom. panying it was a card of R. C. Hubvell, No. 113 Nassau street. A largo number of witnesses were examined yester- day by Judge Van Hoesen, tn Special Term of the Court of Common Pleas, in connection with the trial of the suit brought by the Ninth Avenue Railroad Com- pany agasnst tho Grecawich Street Elevated Railroad. ‘Atong the witnesses examined were Jacob Sharp, Super- intendent of the Twenty third Street Railroad; George verry, Veterinary Surgeon, and Charles Johnson, of the Broadway and Twenty third street stage line, vesides various drivers on the plaintiffs’ road, Their testimony was ip corroboration of the allegations in the com- aint. . Henry Rall, while riding some two years ago on éhe frout platform of an Eighth avenue car, was hit on the jeg by & rock from a blast on the Boulevard As the car was halted betore reachmg the fagman the city was covsidered the responsibie party. A surt was accordingly brought agaist the city for damages. The case Was Lrioi| yesterday, before Judge Barrett, holding Supreme Court, Circuit, The evidence showed that the piaintift was iaid up nine weeks on account of Injuries, and a verdict for $2,000 damages was given in his savor. e matter of opening of the will of Ellen Bow- & motion was made yesterday belore OUI rugsew Varviu w revuke tho probate of the last will apd testament of the deceased. it appears that the de- ceased, by her. will, left the realty to her two sons and the personalty, composing the bulk of her property, to a charitable tustitution, Ex-Judge Curtis, in support of the motion, argued that the proof he had submitted making mertal capacity and rendered her totally incompetent wilh After hearing counsel in svpport ot of the will the Surrogate decided to open the deeree and hear evidence de novo, red in the Court of Common Pleas y a jury for the special t up for October, 1876 The presont calendar having been called entirely through ani every case upon it which was ready tried, the day calendars on the first Monday of October next will commence with the cases which are put for the first timo upon the general calen- dar for the month of October. No cause on the present calendar will be placed upon tbe new calendar unless a notice be filed with the clerk on or belore the 15th day of Soptember next, stating that the samo has not been disposed of or settied, and specifying therein the date of issue and the number on the present crlendar, Causes on the present calendar which are marked *Re- served generally” or “Of for the term’ will be #0 marked on the pew calendar. Mr. A. B. Darling, owner of the Twenty-third Street Opera House, leased the premises Inst January to Ry M. Hooley tur one year at $10,000 reptal, Hooley re- let the place to J, Wilkes Ford, but as neither paid any rent Mr. Darling instituted proceedings before Judge Callahan in the First District Court to dis- ossess them. Mr. William H. Ricketts maintains ving been placed in charge of the box oftice, und an order of dispossession was given, after which tbe place was leased to Kelly & Leon. Meantime Mr. Davo Reed, the popular minstrel performer. who was engaged by Mr, Ford to appear, not having been allowed to per: form, brought an action belore Judge Gedney, of tho Eighth District Court. tor one week’s salary. A judg- ment was obtained against Ford for the amount, and to secure the judgment Mr. Wilham H. Ricketts. was, by agreement, deputisod by the Shoriff to take char ofthe box office until the execution was satisfied. ‘the place will now run on harmonionsly under the manage ment of Kelly & Leon. DECISIONS. SUPREME COURT.—CHAMBEBS, By Judge Lawrence. Brennan vs. Morris.—I wish to see counsel. The Amoskoag Savings Benk va The Brady’s Bend Iron Company.—I desire to see the counsel. Hoe vs. Buckmaster; The Uniou Savings Institution va, Clark, and Phoonix v8. Dupuy.—Orders granted, SUPREME COURT—SPECIAL TERM. By Judge Larremore. Grant and another vs. Cooper.—Finaings and order of reference signed. SUPERIOR COURT—-GENERAL TEBM. By Judges Sedgwick and Speir. Brewster vs. Balch.—Motion to permit the di ant to appeal tothe Court of Appeals denied, will costs, by the Court, SUPREME COURT—CIRCUIT—PART 2. By Judge Donohue. Wardrop vs. Claflin ct al.—Case recalled for recon- sideratiun and settiement, COMMON PLEAS—SPECIAL TERM. By Judge Van Hoesen. Fay vs. Binns.—Motion granted. Order to be re- settled. Devoe va, Devoe.—Memorandum. Gross vs. Hillabrand,—Dofault opened on terms, Richardson vs. Bro' fr. —See memoranduin, Schweitzer vs. Schweitzer.—Application for order of publication denied. Cooke vs. Charlick,—Order of reference granted. Toe German Exchange Bank vs, Vogt.—Seo mem- orandum. Page et al. vs. Povter.—Memorandum for settlement of order, Andrews vs. Harris. See memorandum. Diossy ve, Sister.—I think I have no power to order an extra allowance. Costs should, however, be awarded to defendant, Sister. MARINE COURT—CHAMBERS. By Judge McAdam, Way vs. Crofut.—Decisions tiled. Norton vs. Campbell.—Judgment for plaintiff. Castel Vs. Verbonereus.—Motion to continue {pjunc- tion denied, without costs, *Pettiers vs, Fitzpatrick. —Costs, &c., taxed at $69 85. Seaman vs. Welsh.—Motion denied, without costs. Myers vs. Garson; Fluschhaur vs. Lany; McKenzie va. Van Winckle; Jacob vs. Reith; Steinhart vs. Klog; Herbst vs. Vichot; Bremsen vs. Horwitz: Cochrane vi Grassmuck; Wills ve. Dexter; Ridley vs. Free! br aap vs. Curtis.—Motions disposed of as por papers je Gordon vs, McCahill. —Motion granted. Bouland vs. Bogert.—Referred to J. W. Rissill, Caldwell va Stolzenberg.—Motion to open default granted. Middleton vs. Wodicka —Proceedings dismissed. Kinmaly vs. Horgan.—Motion granted. we va. Stead.—Judgment for plaintiff for 8 GENERAL SESSIONS—PART L Bofore Judge Gildetsleeve. AN OLD PRETENDER. On the 28th of April last a man, about sixty years of age, representing himself to be William Hammond, a retired sea captain, called at the furniture estabiish- ment of Baxter & Co., in Canal street. Ho said he had just concluded the purchase of a house on Fifth avenue and desired to have it handsomely furnished. Two parlor suits, valued at $775, were sent to the ad- dress mentioned, Meanwhile the Captain proceeded to Mrs. Dumsday’s piano warerooms in East Ninth street and selected a piano, for which he was to pay by the month, When application for payment was made atthe house on Fifth avenue it was found that the skipper haa disappeared, and that all the furniture had been sold at auction. He was recently arrested, and tried yesterday on the charge of obtaining the piano under false pretences, and the jary having found him guilty he was sentenced to five years’ imprisonment in the State Prison, He pleaded guilty to the other charge made against him, and was sentenced to eighteen months additional in the State Prison. GENERAL SESSIONS—PART IL. Before Judge Gildersiceve. HIGHWAY ROBBERY. William Pitt and Thomas Le Strange were arraigned at the bar charged with having, on the night of the 24th of April last, assaulted and attempted to rob Frederick Luthy, at 124th street, Harlem, It appeared that Mr. Lathy was on bis way home, ana at the place mentioned was attacked by a gang and knocked down, when one of the assailants endeayored to take his diamond studs from the bosom of his sbirt. He strug- gled Go eed and received several biows and kicks. At length a policeman’s rap was heard, and the men Jumping into a wagon fled, one of them firing twice at ‘the complainant, who in’ turn fired at them. T arrested a few days alterward and id Mr. Mitchell for the prisoners, Several witnesses wero examined on the part o1 the defence to prove an alibi, The case is not concluded. FIFTY-SEVENTH STREET COURT. Before Judge Kasmire, ALLEGED FORGERY. Michael Fernen, of No. 10 Mulberry street, was com- mitted on a charge ot forgery to stand his trial at the General Sessions. His brother Joba ts also implicated, but he has not yet been arrested. John Fernen was, up to last Saturday, in the service of Mrs. Julia Beach, of No, 309 Fifth avenue. On the 30th alt. Michael, it is alleged, presented himself at the confectionery store of Albert Salter, No. 452 Third av. and obtained doliar’s worth of cake tor Mrs. Beach, in payment | which he gave a check tor $81 on the Fitth Aven Bank. The check bad indorsed upon it the name of Mrs, Beach. Jobn received the $30 in change and the cake ana it was subsequently discovered that the eheck was aforgery. The prisoner, who is a boy of avout Aitteen years of age, denied his guilt. A POLITICAL QUARREL. Thomas J. Crombie, a contractor, of No, 500 East Eighty-seventh street, applied on Wednesday afternoon to Judge Kasmire fora warrant for the arrest of ex: Senator Hugh H. Moore, who he charged had assaulted him without provocation, on Tuesday last, on (be stairs of the Harlem Court House, The Court refused to issue a warrant, but ordered Officer Hitchcock to notly Mr. Moore to come to court y: rday morning at nine o'clock. The ex-Senator w: + at home on Weaues- day night when the officer called, but yesterday morn- ing at an early bour he was, and sent word from his bed that he would be present in court at the hour named. Having jailed to keep his word an order was issued to Olicer Hitchcock by the Court for bis immediate ar- rest’ He came voluntarily to court, howev Judge bad leit the bench, i again lett, He retarned in the alternoon, accompanied by Jerome Buck ax counsel. The complainant not be- ing present the examination was postponed for two weeks and the Senator was discharged on the respon- sibility of his counsel. Those who shouid know state that the cause of tho trouble between Mr. Moore and Mr. Cromote is the fact that the latter bas superseded Mr. Moore in the leadership of the Tammany Committee of the Twenty- first Assembly district. Mr. Moore sent bis resiguation aschairman of this committee and as member of tie Committee on Organization to Johu Kelly some wevks ago, and it Was accepted, to his great astonishment ie thinks Crombie was the chief cause of his over- throw. A QUEER CASE OF ASSAULT AND BATTERY. , Selim Marks, of No. 256 West Thirty-ninth street, a real estate agent, has a son twenty-eight years of age, of whose morality he bas evidently bat a poor opinion, ‘Thia son is an intimate friend of W. Phillips, publisher of a directory, and ho has olten taken Mrs, Phillips to places ot amusement and has rowed with her on the Central Park lakes, To this Phillips made no objection, but the elder Marks dd, and in an iuterview between the two he endeavored to impress upon the mind of Philips the danger there wes in allowiog the lutter’s wife to go out so often with bis son alone, Mr. Phillips satt be recognized no danger or impropriety in the matter and be was called an old fool by Marks. Voiliips retaliated by calling Marks a rogue and Marks struck huw, fhe Court postponed tual judgment ia the case, hoping that the parties would come to a bet- ter understanding. Marks aid not want the case pyb- lished, but Phillips said he had no objection provided his directory was mentioned. By the way, he pre- sented a copy of it to the Court. POLICE COURT NOTES. Officer Drain, of the Tenth precinct, yesterday aftor- noon found a notorious sneak thief named John Murphy, of Monroe street, in the apartments of Mra. Lena Kerlau, No, 278 East Houston strect, forcing open the bureau, He atteinpted resistance, but surrendered on being clubbed. In his possession were found a lady's sealskin cap and boa and an account book of one Roth with J. L. & F. Kuntz, brewers, of 116th street, Morrisania, Murphy was held for trial. George Lesser, « lad twelve years old, of No, 330 East Sixtn street, was committed for trial at the Essex Market Court yesterday tor attempting to pass a forged check for $31 on Mr. Charles Koch, of No, 119 East Houston street. He said he was given the check by & man in Second avenue, At the Washington Place Police Court Frederick Mousler, of Spring street, was held for trial for sieal- ing a gold watch, value $160, trom John Leischer while beasrigs bong latter at his residence, No, 40 Domi- nick street, last February, Oticer Frederick Ringler, of the Fourth precinct, who on Saturd night last brutaliy clubbed Mrs. Catharine O'Donnell, of No. 434 Pearl street, and her son and daughter, Hugh and Mary ©'Dounell, was ar- poe geo before Justice Murray at the Tombs yesterday and was committed to answer two charges of assault, the bail being fixed in each case at $500. Captain Alexander 2. Williams, of the Fourth precinct, wus ac- cepted as surety for Ringler’s appearance. COURT CALENDARS—THIS DAY. Surname Court—Caamusrs—Held by Judge Dono- hue,—Nos. 76, 77, 111, 112, 113, 116, 118, 150, 157, 162, 164, 177, 192, 193, 194, 197, 200, 236, 237, 242, 243, 252, 255, 291, 305, 306, 316, 317, 319, 323, Svraexx ‘Court—Sreciat Txxt—Hold by Judge Larremore.—Law and fuct—-Nos 309, 97, ), 367, 410, 411, 223, 376, 241, 374, 387, 308, 214, 420, 278, 279, 173, 174, 517, 518, 587, 51, 34, 503. Scorremx Court—Cmccit—Part 1—Held by Judgo Burrett,—Short causes—Nos, 2283, 1349, 1361 4s, 2959, ‘2961, 2771, 2987, 2000, 2835, 2799, 3010, 2947, 2679, 1904, 2592, 1397, 2703, 2005, 2007, 2825, 2041, 2815, 3118 Part 2—Held by Judgo Van Vorst.—Short causes—Nos, 1968, 2730, 1058, 2630, 2408, 2022, 3016, 2090, 2772, 2956, 2588, 3006, 2728, 15043¢, 2252, 2818, 2832, 2742, 2982, 2024, 2034, 2882, 1780, 2000, 2906, 2828, 2836, 1190, 3210, 3090, 3134, 3142, 3208, 3158, 1730, 2588, 3204, 3206, 2712, 8182, 3138, 3178, 3162, 3228 Part 3—Held by Judge Larremore.--Short causes—Nos, 3015, 15134;, 2800, 2775, 2697, 2843, 2750, 2787, 2273, 2807, 3223, 3119, 3111, 8103, 8199. 3167, 2873, 160534, 3051," 3225, 2929, 3227, 3147, 3129, $101, 2611. Supgnion Court—Sracia, Term—Held by Judgo Sedgwick.—Demurrers Nos. Land 2 Issues of fact— Nos. 41, 9, 46, 54, 47. Svurxgion Court—Taiau Txaa--Part 1—Hold by Judge Sunford,—Nos, 2027, , 1074, 1135, 1072, 1112 1032, 1080, 1136, 737, 1042, 1054, ‘1142, 1151, 2015.’ Par 2—Hell by Judge Speir,—Nos. 1675, 1189, 78s, 1000 ond G08, 1110, 838, 454, 1946, 1156, 1366, 1159, 1162 Common Puras—Equity Teru—Held by Judge Van Hoowen.—Nos. 4, 28, 30, 27, 40, 19, 1, 6, 8, 23, 34 Common Pi.gas—TRiaL Terx—Part 1—Hela by Judge Robinson.—Nos. 706, 2281, 2143, 2154, 1693, 1854, 2337, 4611s, 1871, 696, 1097, 1454, 1104, 2033, 2112, 1826, 2434, 2438. Part 2—Held by Judge Wan Brunt,—Nos, 2441, 1949, 287614, 2027, 2250, 1942. Part 3—Held by Judge J. F. valy.—Nos, 2005, 1904, 2514, 2044, 2586, 1851, 2504, 2523, MAning Courr—Tarat Tanu—Part 1—Held by Judgo Alker,—-Nos. 4191, 4205, 4221, 3603, 7692, 7731, 7812, 7008, 7863, 7719, 4286, 446, 4895, 4168, 3375. Part 2— Held by Judge Shoridan.—Nos. 3749, 7749, 399, 2234, ian 1748, 7782, 7883, 7892, 4116, 4245, 3583, 4240, 5341, QUEENS COUNTY OYER AND TER- MINER. in the Queens County Court of Oyer and Terminer William C. Fowler, alias ‘Bullwagon ’’ indicted for kithng Samuel Schenck, at Roslyn, pleaded guilty of manslaughter in the third degree and was sentenced to two years ip the State Prison. Jeremiah Reynolds, for bigamy, was sentenced to one year in tho Kings County Penitentiary. The parents of Mary McCarra, four years old, living at Long Island City, sued the Long Isiaod Railroad Company for $5,000 dumages for having caused the chiid’s death by running over her. The company in- terposed the plea of carelessness on the part of the | aoena in permitting such a young chid to run at rge without a protector, and alleged that she bad not died of the injurios, but from disease. The jury al- lowed plati Yesterday tho taird trial in the case of Gomein against the Long Isiand RailroadCompany, for running against a carriage at the Woodbury cressing and killing two persons, some two or three years ago, was in Progress. COURT OF APPEALS. Aunany, N. Y., June 8, 1876, No. 186. Sage va, Woodin.—Argument resumed and concluded, No, 106, Edmund H. Watkins, appellant, vs. Timothy D. Wilcox and others, respondents,- Argned by D. D. Halliday, for appellant; Marcus Lyon for respondents, ‘No, 22), Daniel 8. Reed and another, respondents, vs. Nicholas H. Decker, appellant.—Argued by 8. Hand, for appellant; D. 8. Morell for respondent. No. 54. Daniel Day, respondent, vs. the Mayor, &c, of New York, appellant—Arguod by D. J. Dean, for appellant, and by William L. Findley for respondent, CALENDAR FOR FRIDAY. Nos. 81, 44, 67, 63, 62, 219, 182 and 226, UNITED STATES SUPREME COURT. DECISIONS, Wasninctox, June 8, 1876, The Supreme Court of the United States have ren- dered opinions in the following cases ;— The Rule in Equity as to the Restraint of the benesye v4 Taxes—State Authority over Railroads within Their Borders—The Rule of Construction, No. 702. Isaac Taylor, Collector of Pooria County, et al, appellant, vs. James F. Secor and William Tra and Nos. 701 and 703—Appeals from the Vircuit for the Northern District of [llinois.—The three cuses whose titles stand at the head of tbis opinion are ap- peals from decrees enjoining the appellants from the collection of taxes assessed by the proper officers of the State of Ilhmois against three several railroad com. panies, organized under the laws of that Stato, doing business in it. The plaintiffs in the first named of the above suits are mortgagees of the Toledo, Peoria and Warsaw Railroad Company. In the other two cases the complainants are stockholders of the respec tive companies Whose interests they represont— namely, the Chicago and Alton Railroad Com- pany in No. 701, and the Chicago, Burling- ton and Quincy ‘ailroad Company in No, 70% | The act of the Legislature ot Illinois of March 30, 1872, | ander which the taxes complained of were assosscd, | Jakes special provisions for the taxation of railroads id other corporations, the main feature of which is the purpose of leaving to euch county, city and town the rover of assessing lor taxation what is properly local in the game manuer that other similar property is taxed in that municipall at the same time to subject to like taxation, on some fair basis, that which 18 Not in its nature so clearly local, but wiiich, by rea- son of its being appurtenant or incident to the rail- should pay its share to the Stato and to all the | towns and cities through which any part of theory of the system mant- ilroad track, its roliing stock, its umit for taxation, and to wording as | the length of the road in euch county, city and town | bears to the whole length of the road. The principal | provision of the law providing for the valuations to be | made was as tollows:— ‘The capital stock of all companies and associations | now or hereafter created under tho laws of this Stato suall be so valued by the State Board of Equalization | as to ascertain and determine respectively the tar cash | value of such capital stock, includ ng the franchise, over | and above tbe assessed vaiue of the tangibie property | of such company or #ssociation, Said board shall adopt such rules and principies for ascertaining the Jair cash value of such capital stock as to it may soem | uitable and just; and such rules and principles, | when so adopted, if not inconsistent with this act, shall be as bindiug and of the same effect as if con- | tained im this act, subject, however, to such change, | alteration or amendment as may ve found from time to | time to be necessary by said board; provided tbat m all | £ cases where the tangible property or capital stock of | any company of association is assessed under this act the shares of capital stock of any such compauy or association shall not be assessed or taxed in this State, This clause 1 not apply to the capital stock or shares of capital stock of banks organized under the general banking laws of this State, The objection was that the law was repugnant to the constitution of the State. The Court decides thus: While this Court does not lay down any absolute rule pei | the powers of a court of equity in restraining the collection of taxes, it doctares that tt is essential | that every case be brought within rome of the recog: nized rules ol equity jurisdiction. and that neither tllo- gality nor irregularity in the proceedings, nor error or excess of valuation, nor the hardship or injustice of the | law, provided it be constitutional, nor any grievance | which can be remedied by a suit law, e:ther before or after the payment of the tax, will authorize an in- Junction against its collection. * This rule 1s founded on the principle that the levy of taxes is a legisiative and not « judicial function, and the Court can neither @ Of cause to be made a pew assessment if the one complained of be erroneous, and also in the necossity that the tax ithout whieh t State could not exist, should be reg 1 paid into the treasury. Query— Figid rulo againet equitable reliet would apply to tax levied solely by municipal corporations tor corporat purposes as that here applied to axes? Probavly not. No injunction, preliminary of final, can be granted to stay collection of tax ntil it 1s shown that all the taxes conceded to be due, or which the Court can see | ought to be paid, or which can be shown to be due b; afidavits, has been paid oF tendered without demand. ing a receipt im full. While the constitution of Iliinots requires taxation in general to be uniform and equal, 1 declares, 10 express terms, that & large class of persons engaged in special pursuits, among whom are persons of corporntic owning franchises and privileges, may be taxed as the Legislature shali determine, by a general law, uniform a8 to the class upon whieh it operates, and under this Provision a statute ts Bot unconstitutional which pre- scribes a different rule of taxation for railroad compa. nies from that for imdividuals, Nor does it violate the rovision of the Constitution of the United States. ¢ capital — franchises, and all the real and per- sonal property corporations are justly liable to taxa- _ County Cleré’s office. Tao referee reports that the ag- | William Weller, NEW YORK HERALD, FRIDAY, JUNE 9, 1876.—-TRIPLE SHEET. tion, and a rale which ascertains the value of all this by ascertaining the cash value of the fanded deot and of the shares of the captial stock as the basis of assess- ment is probably as lair as apy other. Deductiug from this the assessed value of all the tangible real and personal property which {s also taxed, leaves the real value of the capital stock and franchises suh- ject to texation as justly as any other mode, all modes being more or less imperfect, It is neither im confhet with the constitution of Illinois nor ineqait- able that the entire taxable property of the railroad company should be ascertained by the State Board of Equalization, and that the State, county and city taxes should vo collected within each municipality on this assessinent, in the proportion which the length of the road within such municipality bears to the whole Jergth of the road within the State, Tho action of the Board of Equalization in increasing the assessed value of a railroad company or an individual above the retarn made to the Board does not require a notice to the party to make it valid, and the courts cannot substi- (ute their judgment as to sacl valuation for that of tho Board. The Supreme Court of the State of lilinois having decided that the law compiaived of in these 8 18 Valid under her vonstitution, and having con- rued the statute, this Court adopts the decision of that Court as a rule to be followed in the federal courts, Mr. Justice Miller delivered the opinion. ALABAMA CLAIMS. MEETING OF THE COURT OF COMMISSIONERS— PROBABLE FURTHER EXTENSION OF THE count. Wasminctox, June 8, 1876. ‘The Court of Commissioners of Alabama Claims met yesterday, pursuant to adjournment, und at once took up casesjembraced in the new calendar. Tho presid- ing Judge announced, in connection with the cases now before the Court, that “the Court proposos to call up on each day twenty cases, and if business enough for the day is found in the call the cases will be presentea and disposed of. Ifnot sufficient busiuess for the day | should result from tho call any other cxse will be taken up out of its order if the counsel should be ready and The Court then proceeded in tho call of twenty cases, but not one case within the call was ready. By agree- ment it was decided to hear on Friday next the rearga- ment in the cose of the Brunswick, destroyed by the Shenandoab, Juno 28, 1865. No other business being ready, the Court adjourned. The time limited by Congress for fling claims expired ‘The whole numberof claims tiled reaches 666, which will render impossible the completion ot the | Court botore the 22d of July, the time to whitb the | Court was extended, and there is little doubt but t cases, as it will and insurance c! THE SPRAGUE, HOYT & CO. FAILURE. low further time for the war premiuin ms to gaia admission, REFEREE'S REPORT ON THE CLAIMS AGAINST THE FIRM—LIST OF THE AMOUNTS ALLOWED AND THE PARTIES TO WHOM ALLOWED. Mr. William rv. Dixon, who was appointed by tho Su- preme Court referee in the suit of: the Berkshire Woollen Company against Augustus Juillard, receiver of Sprague, Hoyt & Co., the quondam great Rhodo Island mill operators, yosterday filed his report in the gregate of claims against the bankrupt frm amounts to $8,000,000, that but $3,345,460 49 of tnese claims have been allowod, that ho has now in his hands $1,320,000, reserving a sum sufficieut to make a dividend upon claims not yet proved and allowed, and sufficient to cover all estimated special demands, He can, out of this balance, pay to those creditors whose claims have been proved and allowed a dividend of ten per cent on the amount of their respective claims. The foltowing isa list of the claims allowed, which will give some idea of the extensive operations of the tem:— Slapper & Sternlie. $5.750 93 Amos R. Eno. 11,452 07 ‘Edward Schitt 17,285 31 Jacob Rowell OSI Lt M. &8. 0. Ridpath Uaton ‘National Ban ik of Troy. di Bank Thomuss. H National Broadway Bank National Broadway Hank National Broadway Bank National Broadway Bank National Commercial Bank 729 95 Gershon P. Kenyon. 747 97 58,222 39 2.680 00 101029 ao 887 42 87,857 08 Old National Bank. 9.759 49 Merchants’ Barings 14,964 34 National Warren Bank. + 10,802 68 Union Oil Company, 4 57 Bi Merchants National Bank of Providencs Gamveriuud Nntionai Bunk Kendall Manufacturing Company. National Bunk of Wrenthat rd 8, Farnam Horace K. Bla Jacob Mott, Jr Charles A. Harri rts. Ashbet W: % : First National Banik of Newport, it Aquidneck National Bank of Newport, i. Stafford National Bank M.S. Mora & Co. The People's Savi New Haven Trust Compai Commercil and Farmars’ Rutus Sargent. Schalle ros, Now York Lil Mechanics’ Th Thorne, Watson & Uo. Isnnc M. Pott Kiton Courth Harrie ‘smmor First National sank of Smithfiels. Amesa s, Westcott. Fist ee 1 Bank of 8 Ut 10.783 40 1 Charles vl b. W Ross & Co. Kasex County National Bank. City Nation «| Bank ot Hartford. Justin A. Dilys, Nation: wi 74 Junius & Morgan +156, Burehers and Drovers Bank..... + 892 07 | National Whaling Bank of New London. 11,429 16 . : 5.706 97 B458 40 | Manufaeturers’ N. 43 Mary B. Seugrere Union Savings Bai 5 wekeon nti, Ah iy y Savings Bank ord Durfee... Cranson « Chi 8. Moulton, Executor... ‘umantie Savings Institution Second National Bank of Cooper Amerionn Exchange u Windnam County Kingston Savings Baal Charles H. Whipp Jeremiah G. Pe: ‘4. ©. Macthewson rh ational Bunk of Palmyra. al Bank of Commerce in Ni J. KB. Rugby & J. 0, Ww tonal | 207 and 209 Water strect, who employ trom 1,000 to | | 1,500 bands, have, during tho past seven months, | placed in tho hands of Detective Jackson, of tho | a SIEF Philip N. Dee Hanover Nati gse Frederick A. King, John &. Dodge James L. Brumle: M. Bannister tral Bank of Westchester County, New York Natio: peep nge Bank ni Ton riogel Berkshire We John Secon Providence City National Rank of Providence tional Bank of Kristol tion tor Savings Hannah B, Smith P.W, Arnold Alber G. Lowry, 17 58 favinin Levwey 11.446 36 nies? i & Co. Friston. Roberts Rhode T-land Union Rank, William B, Stafford Swinburn 1 Bank. tors of National r National Bank, Aimer! Wa. Rais son & Co. | Whitinavitle National Bank. Tames A. Brown. ..c.evee ; Hostiantes' Nartonal Bank of Providouce. al « County Savings Bas Globo National Bank of Providence, RING RULE IN WESTCHESTER. TRUSTEES DIVIDING AWAY THE TOWN'S PROP- ENTY—THE DEEDS SET ASIDE AND THE GUILTY PARTIES INDICTED. How the Ring thieves of Westchester were made to disgorge the property plundered trom the town was ox- emplified in a suit in tho Supreme Court, held by Judge Barnard, at White Plains, tho town of Westchester being the plaintiff and William Cooper, John Tighe, Joon H. Davis and others the defendants, The cause of action is set forth at large in the plaintiff's com- plaint, and, from the statements therein set forth, it appears that the town of Westchester and the Trustees of the town of Westchester owned and were in the pos- sion of certain valuable real estate situated in the town aud that this real estate was held by the town of West- chester for the purposes of supporiing the free schools and maintaining a causeway and mill for the use of all the inhabitants of the town. In the spring of 1874 the defendants, John H, Davis and Jobn Tighe, together with one Daniel MeGroery, were elected Trustees of the town, McGroery, not relsihing the programme laid out by his two fellow Trustees, resigned his office and would havo nothing to do with them. The vacancy occasioned by this resignation never was filled, but the two remaining Trustees immediately constituted them- selves into a corporation and called themselves ‘the Trastees of the town of Westchester,” composed of only two bersons, themselves and no more, showing a total disregard of the somewhat famslar rule ‘that three io number aro requisite Lo make a corporation aggregate.” a Tighe immediately proceeded to business, y went out of the town of Westohester, although the law requires that their meetings shall be held in the Town Haj! of Westchester, to their attorney's office in West Farms, and in one night they conveyed and deeded away ail of the lands and property belonging to the town to their few select friends and relatives. The cons.deration expressed in the deed, none having been er actually pald, was merely nominal, For example, they deeded and conveyed the prop- It the erty known as the Mill property and right to the Westchester Creek to tueir codefendant Cooper ior the sum of $1,000, and at the same time loaned (to the grantee $2,000, when, in fact und in trath, the same property was worth with the mill and water right ut least $50,000, To a nephew of one of these would-be-Trustees a part of what is known as the Bridge Hill property was conveyed or the sum of $200, when, im tact, the property was worth $5,000, This ‘nephew never touk posession of the property, but his uncle, Joh Tighe, one of these very Trustees, clearly showing the fraud that the Trustee sold to elfand not to the nepbew, and in this mannor these two Dromios of Westchester managed in one night to divest the town of all its property. Last year the people elected a new set of Trustees— Mosers. Waters, Mapes and Baisley, three reputable and honest freebolders—and, as the saying they | sir.pped and went for Davis and Tighe aud their giautees named in the aced, ‘The town officers | promptly took ineasures to punish these fellows. The Instter was immediately placed in the handy of Edmon Blankman and Jackson U, Dykman, now Judge Dyk- man, ‘These gentlemen at once filed a bill in equity against all these —, to have the deeds of convey- ance set uside. The causes came on to be heard first at Special Term and afierward at General Term, before the fuil Bench, who heard the arguments presented by Edmon Blankman im behalf of the town to bave the dovds declared void, The defendants were represented by Juages Gifford and Hunt, The Court, after bearing both sides, promptly rendered its decisiuu declaring all these deeds absovutely void and directed Judgment to be entered at Special Term in contormity With this de- cision, Yesterday, at White Plains, the Supreme Court ordered the juagment to be enterod against all the defendants, and directed the Register of Deeds for the county to mark the record of theso fraudulent | conveyances and deeds, Cancelled, votd, aud of no force or effect.” The judgment also directs that the defendants shall pay ‘costs and extra allowance, and that they forthwith account for the jents, issues and Proiits aristng trom satd property, wand that the lands | and property be forthwith returned to the town of | Westchester, thus setting an example to evildocrs. The Grand Jury of the county have also found a tru bill of mdictment against these would-be Trustees be- | cause of their misconduct in office in making these fraudalent conveyances and for fraudulentiy appropri- ating the money and property of the town, and they will now be tried upon this indictinent, ROBBED BY EMPLOYES. Goodwin & Co, the tobacco manufacturers of Nos. missed large quantitics of their stock, ‘The case was Fourth precinct, who yesterduy arrested Charles | Baker, one of the workmen, and found ten pounds of tobacco on his person, On searching Baker's rooms at No, 41 Hester -treet the detective found a lorge trunk completely filled with the choicest tobacco. Baker was: hid for trial at the Tombs yesterday aiternoon, Other arrests are expected i the cu: Special Detective Britton, of the Post Office Depart- ment, yesterday morning arrested Joseph Debvue, a boy, seventeen yours old, for robbing bis employers, Hoslord & Co., of No, 56 Cedar street, of $300 worth of pocketbooks, cold pet nd o.her fancy articles The prisoner, on being arraigned betore Justice Murray at the Tombs yesterday. contessed his’ guilt and said he had sold the stolen Fe ey in Various stures, and toa bartender named Tooley and a doorkeeper at the Thirty-foarth street Theatre, named Melville, tor al- most nothing. He was held for trial. VELTMANN'S ALLEGED FORGERY. Witham F. Veltmann, the bookkeeper of Messrs, Bryce & Sm#b, hquor merchants, . 53 Front street, who 1s charged with forgery, was arraigned beforo Jus- tice Murray, at the Tombs, yesterday morning, by off- | cer Finn, of the Broadway squad. Mr, Allen J. Apgar, cashier of the Merchants’ Exchange National Bank, testified that on Wednesday Veltmann callod at the bank and presented the following checks for deposit to the credit of Bryce & Smith:—Ons of Jones & Smith for $3,250 75; James Rt. Bennett, for $4,700 35; one of Wiihams & Seuton, for $3,205 41, and one of Ovington Bros., tur $3,205 32, making in ali $19,501 84. The cvecks, which purported to have been indorsed by Bryce & Smith, were deposited to the credit of their account, Two hours after Veltmann returned with a check purporting to have bs drawn by liryce & Smith in favor of W. BH. Leith tor $12,760 75, and asked to have it certified, Not suspecting tho check to forged, Mr. Apgar certified i, Shoruy after it was covered that the checks Were forgeries. Mr. Apgar and Mr. Bryce made formal ailidavits charging the above facts against Veltman $20,000 basl, | not the genume G. H. Mumm & Co.'s cham Ww iy cler! im his formal ex- Hartwell & Hagerd, @ muel Foster National Eagle Rank af igistat Ron Be ations i reece ‘The Grocers and Producers’ Bauk ef Providence. 6.867 67 | amination said that he was forty-four years old, born iu Poughkeepsie, resided at No. 19 Sterling place, Brooklyn, and was not guilty. Detectives Reilly and Von Gerichten, of the Central Office, are searching for the man Leith, to whom Veltmann is supposed (o have given the certitied check, as 1 was not found in his possession when arrested by Officer Finn. FIGHT IN A BROADWAY RESTAU- RANT. Afight occurred in the restaurant, No. 204 Brond- way, yesterday afternoon, between the proprietor, abriel L. Loewenthal, and one of bis wait- ers, Charles Stockmail, of No. 116 Hester street, during the cvurse of which the latter was struck on the head with a beer glass and badly cut. Mr. Loewenthal, on beng arraigned before Justice Murray at the Tombs, staied that Stockman, while druvk, insulted himself aod wife. and that be acted strictly in self-defence. He gave $500 bail to appear | for trial at Special Sessions. BASE INGRATITUDE, A year ago Mrs. Catherine Bowers, a widow lady residing at No. 430 East Eleventh street, found John Krauss, aged thirteen, running arguod the street parentiess, ragged and hangry, She took bim under her protection, ted, clothed him and kept him in her house to run small errands. On May 27 be disappeared, | a8 also did a gold watch and chain, value $160, which had belonged to the late Mr. Bowers. Uficer Erken, of the Thirwenth precinct, who arrested the lad’ ou Wednesday night, intormed Judge Bixby, at the Essex Market Court yesterday, that he bud received informa- tion that the prisoner hud sold the watch and chain for $1. Master Krauss was held for trial, ‘HE BOY HOMICIDE, Coroner Woltman held an inquest yesterday morning, at the Fifth precinct station house, in the case af Freder- ick Lawier, the boy ot fourteen yeurs of age, whe wap stabbed and instantly killed by Andrew Moore, of about the same age, lust Friday afternoon. Several witnesses were examined, Patrick Kerwin testified that Lawlor struck the prisoner over the head with a piece of tar rooting paper, und that the latter said:— I don't want you to do that again,’? Tho deceased’ walked over to Moore in tho altitude of striking, when the latter pulled out a knile with which he stabbed Lawyer. The jury brought ina verdict that Lawyer's death was the result of astab wound inflicted by Andrew Moore. The prisoner, by advice of counsel, reserved his statement. CORONERS AND POLICE JUSTICES. In reply to Coroner Eickhoff’s answer to the letter sent him by Justice Kasmire some time ago, Justice mire yesterday addressed a final note to Coroner Kickhof, The Justice thought that the question at issue Was not understood by the Coroner, for it was ig- norea altogether in the letter. Justice Kasmire a;ain quoted tho law points relerred to by the District At. torney tor the Coroner's information. The question at issue still remains unsettled, and both parties are now Awaliing a test case, A SENSITIVE SUICIDE, Avout five o'clock yesierday morning the body of Petor Reuther was found by a workman employed in the brewery of Joseph Henry, corner of Liberty and Shetield avenues, Eust’ New York, lying in the grass plot in front of the late residence of the deceased. Tho man immediately iniormed bis employer of the circum- stance, and the examination of the corpse showed that deceased bad shot himself with a revolver in the right temple, the ball passing throught the brain and pro, ducing instant death, The weapon was found by tis side, In one of the pockets of Reuther, who worked for Mr, Houry in the brewery until May 81, were fonnd two letters, showing that the act was one of delibera- tion and desizn. One of the letters was addressed to his former employer, and after thanking bim for many kindly acts he had received at his hands the writer went on to state that he bad been charged with having seduced 4 young girl while taking ber home in a car- riage from Jones Woods" some weeks ago, ‘This accusa- tion, he declared, was faise and totally without founda. lion, and he bad not the courage to bear up against the charge. ‘The other letter wus addressed to a woman residing in Allen street, New York, providing for his burial avd a disposition of his elects. Keuther was thirly five years of age, a native of Germany and an- married, His employer speaks highly of his character for industry and sobriety. Corover Simms was potl- fiod to hold an inquest on the body, —$—_—___—_.~ SUICIDES, Augusta Brunner, aged thirty-two, of No, 406 West Filth street, comm'tted suicide early yesterdar mora- ing by hanging herself to « bedpost while temporary in- sane, An unknown man jumped from the ferryboat Mon: tana just alter the boat left Williamsburg on the half- past one o'clock trip to James’ slip yesterday atter- noon, His body was not recovered. He lett a coat and a dark hat on board the bout, which were taken wo the Fourth precinct station house. BROOKLYN GREAT LACK OF DISCIPLINE OF A BROOKLYN PRECINCT FORCE, On Sunday morning, May 23, Katio Kehoe, a young servant girl, was taken to the woods near the Boule- vard, Brooklyn, and outraged by a gangof ruffans, ‘The case was reported to the police of the Twellth pre- cinet the same night, but it was not communicated to Superintendent Campbell till thirty-six hours later, Captain W. J. Kaiser was piaced on trial yesterday, be- foro the Commissioners of Police and Excise, on charge of “neglecting to,take proper measurcs to investigate and cause the arrest of the parties concerned in the outrage committed upon Katie Kehoe.” Sergeant Mas- terson Was also charged with failing to enter the case upon the returos. Sergeant Masterson was accused of not having entered the case on the blotter, aud Rounds- man Carney with having tailed to investigate and re- port (he éase when ordered to do 80, Tue Captain denied the charge, and explained that the ser- geants had failed to make the proper entries on the blotter and returns, Musterson testilied whon the case was reported to him at nine o'clock on the Sunday evening in question by @ man, who wag very flithy in appearance, he sent five officers out to go in search of the woman, They were absent half ao hour, and, retarning, reported they could hear vothing of such an occurrence. He then sent the roundsman to the girl's house to flnd out whether she was missing, On Tauvsday moraing he sent n his report to Heal. quarters, Sergeant Sheridan, who relieved Masterson at the desk, testified that when Roundsman Carney re turned ho told him Kate was missing from the house, and witness then sent out the reserve to look for her, Kate Kehoe's statement charged that a stout police. man, with a sandy mustache, came to the woods where she was held prisoner, at eleven o'clock and arrested ove of the rnifians, but let him go alter taking a drink from a bottle given him by aman. After some further testimony the case was adjourned tilt Taesday next, A MYSTERIOUS CASE, Robert Dillon was found dead in bed at his boarding house, No, 120 Wyckofl street, South Brooklyn, yester- day moruing. Yesterday morning the landlady heard him breathing heavily, and on guing to his bedside found that he was dying. She sent for Dr. Bell, of Warreu street, but Mr, Villon was dead betore the phy. sician arrived, The doctor found by the bedside « vial contaming What is supposed to be extract of conium, or hemlock, The druggst states that no such drag was sold at bis store. Dr, Shepard will make a post: mortem examination of the body and the inquest will be hold to-day by Coroner Simins. Deceased was a wid- ower, of Englist birth, forty-lour years of age, and Jeaves four children. COUNTERFEIT GHAMPAGNE. New York, June 8, 1876, To tie Eprron or the Henato:— Tho report in yesterday's issue of your paper, al- though in the main a correct account of the proceed. ings, does me great injustice and may prejudice me before the publica. I, therefore, ask room to simply state the facts, Mr. Philip Hone, from whom 1 had been purchasing Philadelphia ales and porter, told ine in December last that be had purchased a lot of ch: pagne at auction at alow figure (no uncommon occur: rence), and wished me to take some. 1 told him that he might send me one case of quarts and ons of pinta. He sent them to me, and I sold them, | had no idea or suspicion or any cause for any suspicion thatit was ne, Sub- sequently Mr. Frederick De Barry, agent tor wine in this city, called upon mo personally and exhibited to me abottie, on which he said thero was a label that was 4 very clever tmitation of tho label on the Mamm & Co.’s champagne. Thereafter, with the intention of making an examination of the wine, I ordered from Mr. Hone another caso, which store, When that came | was absen| 4, formed, Mr. Hone'’s wagon had scarcely before a young man came, who stated that Mr. Hone was sbort of “pints’’ and wanted tho case returned, and the clerk, without knowiedge of any oi tho cir- cumstances, returned the case. And this is all that I have ever had to do with the alleged countorteit eham- pagne, Itis enoush for meto say that I hi wever sold any ariicle with a counterfeit label on. Of this my customers are the best judges, Respectiully yours, JAMES 8, JACKSON, No, 842, &e., Sixtn avenue, STABBING AFFRAY. Robert Reed, a colored girl reventcen years offre of No, 91 Varick street, received two severe stat POLICE. wounds in ber right arm at her rosidendo yesterday ~ afternoon frot knite in the Uva: peor mz Hol. comb, aio colored, of No, 136 West ou She was taken (o the Chambers Stroct Hospital, comb cetaped,