The New York Herald Newspaper, June 10, 1876, Page 11

THE COURTS. harp Legal Fusillade Against the Gil- | bert Elevated Railroad. THE SIXTH AVENUE RAILRUAD INJUNCTION. ——— Grounds for Making the Injunction Permanent. HENRY WaRD BEECHERS DENTISTRY gE BMS BILL. Dry argumerts of questions of law are not generally very evticing allurements to attract a crowd to a court room. An exception was shown, however, yesterday in the argument on the injunction proceedings brought by the Sixth Avenue Railroad Company against the Gilbert Elevated Railroad Company to rostraiv the lat- jer from building its road over the tracks of the former toad between West Third and Fifty-ninth streets, Che arguinent was on au order to show cause why the lemporary injunction gramed against the Gilbert Elevated Railroad Company should not be made permanent. A large crowd was present in the Superior Court, General Term, room, where the argument took place, The tact that William M, kvarts wes to opeu the argument on behalf of the Sixth Avenue Railroad Company had, no doubt, something to do with attracting the throng in attend- auce, while many probably came on account of the in- terest felt in the question of rapid transit-the real fuestion underlying the subject to be argued. The original argument in the case, it will be remombered, was commenced before Chiet Justice Moneli, who, un- fortunately, was taken iil before its conclusion, and ihere being a prospect of his being unable to resume his judicial duties for some time to come it was determined to commence de novo before Judge Sedgwick. “As on the previous occasion, there wus ® lurge and distinguished array of counsel present on both sides, the Sixth Avenue Railroad Company being represented by Messrs, William M. Evarts, Joseph H. Choate, George ¥. Comstock and Charles A. Butler, ind the Gilbert Elevated Railroad Company by Messrs, James ©. Carter, John K. Porter, G. P. Lowery, C.F. 3tern, H. H. Anderson and Ashvel Green. Mr, Theron Butier, tho President of the Sixth Avenue road and Mr. Gilbert. the President of the Elevated road, were | doth present, together with o:ner promigent railway officials. Everything, in fact, indicates a most earnest ind determined legal strife, and as the Sixth Avenue Railroad has invoked the courts it shows not only its thoroygh conviction of the justice of its cause, but ite willingness to abide their final arbitration. Ateleven A. M. Mr, Evarts began his argument. Al- though, barring a slight intermission when the court tvok a recess, he spoke for several hours, he hus rarely apoken ‘with more impassioned '_ eargestuess, be bevan by calling attention to pluntif's corporate righis us conferred by the Legislature, which he cluttned amounted to a freehold in the streets in trust for the purpose of a horse railroad, This was a private right, Which the Legisiature coula not invade by subsequent legisiation. No question can aftect he tenure of ths roud. As lor the convenience of trains, it Was evident’ that ko method of steam tranait could compete with the horse railroads of the city, which carry during the year almost as many peo- ple as the combined ruilroads of tue United States, The defendants supposed that the general act of 1875 gave them additional powers and privileges which they did | NOL possess by their original incorporation. But this Was not true; the defendants were unfurnished with the protection of Jaw to do the acts they m.ditate, The documents disclose ali the eiements of aw distinct con- tract between pluintifls aud the city, and of legislative protestion ol private individuals against invasion by the Legislature or any other authority m the State, On the fuith of all this millions were expended by plaintiffs. The various street rairoads are accompishing a work of Vast magnitude iu the conveyance of passengers in a manner compatible with the use of the abutting lots tor purposes ol busmess. The Sixth Avenue road alone sunveys 15,000,000 of passengers yearly, and the Third Avenue neuriy twice a8 many. Mr. Evarts next reierrea to the provisions of the act of 1s72. giving authority to run the Gilbert Elevated . Toad, and pointed out that there was a distinct pro- vision that ‘it should not interfere with existing rights of traflic or travel;’’ that the arches should be six! Jeet irom curb to curb; and that it was to be # tubular Way, on the plan “known as Gilvert’s.”” For no other kind of road, be ‘claimed, was authority given, Ho then went on to say Lnat, from the facet bat the tubu- jar covered road would obviate the incouvenience of the passengers gazing nto the windows of the houses along the ryule, aud irom the fact that the Scie American of April 13, 1872, published a picture of « bert's proposed City klevated Railway” ior the citi- zens to see What it was like and the legislators to look into, and that the bili was introduced March 17 anu was passed June 17, 1t was manifest that no other kind bi road was autho: ‘The road so authorized is de- seribed by the scientilic paper us one formed of air- tivht cylinders, through Which the cure weuld be ruu noiselessly. The next point insisted upon was the violaiion by the act of 1875 of the constitutional Rtuendment forbidding special legislation for etreet taliways. He further argued that the motive power and the moce of (be construction of the proposed road were wholly different irom that allowed by the act of 2. The act of 15;5 giving authority tor this cnange ue legislation, abd, i it was valid, then its like that of the carol Juggernaut, The run- t road would utterly destroy that avenue tor Use a8 u piace ol residence and Jor stures, and the im- tense aud growing trailic, built up on the faith of the permanence of the avenue as @ highway, wouid be de- suroyed. In that avenue, of sixty feet trom curb to curb, it was intended to plant upright posts, twenty- Iwo leet apart one way and thirty-tive feet the other, dividing the street into three narrow lanes. Of course everybody wus in favor of rapid transit. ‘To seat your- self in a carrisge, Wish yourseli in Mecca or elsewhere, aud be there, tuat was the rapid transit of the mmagimna- tion and newspaper discussions. . But the inexorable requirements oj rapid transit in a crowded city were to ve taken into accouny. To transier 60,000,000 or 30,000,000 passengers a year would require very (requent trains, "very irequent — stoppages and ery poweriul engines, s0 as to bo able to ‘tain rapid speed at a sudden start and making t sudden stoppage, ‘The Greenwich street line has beeu pperation for years, and transters only about 7,000 sengers aday, while the Sixth Avenue Railroad iers 60,000, 'He strenuously iusisied that none of the requirements of rapid transit were met by the pro- posed structure, which wus very aifferent from the jecluded underground railroad; that heavy wagons and trucks would be impeded and that a fire engine wishing to cross the street would bave to go around by the Battery, ‘They would desolate the city in order to make it conve- nient for its inhabitants; make 1t unsuitable in order to make it accessible. Such was the monstrous con- trivance by which public necessities and demands were fought to be made the means, not of public conveni- ence but of private speculation. That would answer to seli stock and issue bonds upon; they would leave the evjoyment of it and the burdens “to whom it may coucern,” Unless some power beyood tue matural right of the citizen bad authorized this wirasion every citizen had the right to trample ov ata destroy it, even without judicial aid. Mr. Evarts. then re- viewed the juw upon the subject, and comiended that, as it provided for building the Gilbert roud without the consent of the abutting owners or the Supreme Court, it was voli, haying been passed after the constitutional amendment tovk eflect. and on its face it Was uncunstitutional, because tt provided for special charters. Tho Legisiuture could not devolve upon others legislative powers, Lut the constitutional provision preventing the Legislature from giving special powers to a ruiiroad or other corporation, (hut Was sought to be avoided by conierring ‘upon five commissioners the right’ to say that a railroad may be built at a particaiar place and iu & specified time with a specific capital, What was this but to indirectly enact a special charter? in | Certain sense the coustitution was avery fine thing if it admitted the same ircedom as though there were no Such thing, The upholding of such a hw would be Violation of oaths everywhere, and of common sense and common justice, to get rd of the constiiution, Another general constitutional objection was that the act Violated the contract made between the city and the Sixth Avenue Ralroad Company. but suppose the act, he urped in cot yon, may be in some respecis valid, it wili depreciate property om Sixth aveaue the extent of — $20,v00.000, And (he wet prohivits the crossiwz of Browway below Filty-niwth street, while this rout osses Broadway twi on Uhis corporation was conferred rights by an unplaced aud unrecorded leg: © power that transcended wil the powers of the jature iisell, When Mr. Rvarts sat down he uppeared apparently as (rest as when he began. Throughout bis proionged argument he was listened to with ihe most profound aitention, Mr. Choate subrustied some documentary proois on the part of the plaintiff, alter which the Court was ad- jourped until Mond: At the cloxe the audien crowded around tb Avenue Railroad with two cw graph posts on eneh side also represented, and @ model of the proposed Kievated road just over the | horse car tracks. On one site were models ot tbe | horses and sidewalk tor foot passengers, Jlow the (wo roads would look after the completion of the proposed Flevated roud was thus must ingenionsiy sion. HENRY WARD BEECHER. Tre sait of Dr. Skinner, the dentist, agamet. Heury Ward Betcher, to recover payment of a de: was set down for trial yesterday, belore rett, iw Supreme Court, Circuit, When the ease was caied Mr. Thomas G. Shearnion, counsel for the dete stated that he would not be le to goon ed an adjourn watt next Froiay, Busteed, appearing for the y larmtii, sard Cot bh ‘ou | @onsent on adjourument on condition thar Ue up } | business (ransuel fs puiate that the Rev. Henry urd Beecher apd Mra. Beecher would attend and tes- fy on the adjourned day without being served with another subpena, This stipulation was acceded to, and the case will be broaght on for trial on Friday next, The dentist bill in question, plaintiff claims, has been standing lor some yeare, and whicifthe detendant claime he does not owe. MARINE COURT JURISDICTION. On application of Mr. Henry C. Dennison, as counsel for Charles O. Dayton, Judge Dynohue, holding Sapreme Court, Chambers, yesterday gravted an order directing the Judges of the Marine Court to show cause why & writ of prohibition should not issue agaist then to prevent them from further prosecuting supplementary proceedings against the relator. On bebul! of Ciayton it ts claiined that the Marme Court bas no jurisdiction ‘Y proceedings against judg- and, if they have any such jurisdiction, that the Court is one of limited jurisdiction iu that re- spect and confined to judgments recovered since the act of May 22, 1874, when power, if any now exists, to administer the provisions of the code in proceedings supplementary to execution on judgments subsequently recovered was conferred, SUMMARY OF LAW CASES. In the suit brought by Stella Wize against the Com mercial Fire Insurance Company, to recover $2,900 for damage to millinery gooas, the iacits of which have been reported, tried before Judge J. F. Daly in the Court of Common Pleas, a verdict was rendered yester- day for the detendants. Adolph L. Sawyer, appeared for the plaintiff avd N. R. Hoxie for the defendants. In the United States District Court yesterday the consolidated suit of the United States against George W. Wylie, om warehouse bond 13,398 and thirteen other bonds, was tried. Judge Blaschford directed the jury to find for the government in the amount of $13,886, gold, William Isaacs, six years of age, caught bis fingers in ‘an ice cutting machine, patented by Michael J, Dixon and in consequence is minus several fingers. His father, Emmanuel Isaacs, brought suit. against Dixon for $5,000 damages, The trial of the case began yes- terday befure Judge Rovinsvn in the Court of Commou Pleas. The defence ts covtributive weghgence. Kx- Judge Busteed uppeured tor the plaiatif and ex-Judge Yan Cott tor the defendant. Jn the suit brought by Morris Jesup & Co, and otuers against Coe, Thomas A, Scott and others, who, under the orgamzation of the Davenport Railway Co struction Company, bought rasiroad iron of the plamtitts for building the Davenp rtand St. Paul Raii- roud, for which they gave their votes, which were Lot paid, Judge Sandiord, beiore whom tho case was tried, directed a verdict yesterday for the plaintills tor $806,206 07 in gold, subject Lo the opinion of the Gen- erul Term, There Was no dispute upon the ta°te, and the questions of law are leit to the Genera: Term to decide, Further witnesses were examined yesterday beiore Judge Van Hoesen, holding the April Term of the Court of Common Pleas, in the suit brought by the Ninth Avenue Railroad Company against the Groen- wich Kievaied = Rasiroad Company. Among those examined were Frunas A. Paliner; President of the Tenth National Bunk; Henry Ferris, gird Kane, President of the Vesey Streot and Battery Kail road; Peter Schunn, Chari Lucar, Thonas McNa- mara und Kdward Fiyno, The burden of the testimony ‘was us to horses being (rightened Ly the Elevated Ruil- road trams. Notwithstand’ng the muitiplicity of wit. nesses already examined the trial promises to occupy several days yet. Giovannt Coni, a Sixth ward Italian, was taken be- fore Un ted Stuies Commissioner Betts yesterday on a charge of passing a counterfeit $2u bill on the First National Bank of Portland, Me., un Lxaac Bowmai clothing dealer, of No, 60 Baxter street. He was hel for examination. John Smith, who was arrested a short time ago on a charge of passing a counterfeit $5 bill on the Hampden Natioual Bank, was held yesterday by Commissioner Shields to await the action of tho Grand Jury, In the case of Philp H. Tuska, one of the parties in- dicted tor compheity in the crooked whiskey frauds, which was set down for arguinent yesterday betore Judge Benedict, counsel tor the deiendant usked leave to withdraw his chailenge to the array of grand jurors who found the imdictnent. The Court granted the request and allowed the counsel one week's time in which to decide im what manner be wouid bring the case belore the Court. A motion to confirm the referce’s report was made yesterday before Judge Van Hoesen, in the Special Term of the Court ot Common Pleas, in the suit tor divorce brought by W. F. Morgan against bis wile, Cornelia L. Morgan, on the ground of aduitery. The plaintitt charges that the wile committed aduitery with two different persony, all ot which is denied by the de- fendant, who alleges that she was ob iged to leave her husband on account of bis drunkenness and brutal treatment of her. Tho relerce reported m tavor of th husband on one charge and against him oa the other. The Court took the papers. DECISIONS. SUPREME COURT-—CHAMBERS. By Jadge Donohue. Chapman vs. Wicks rvin vs. Bell; Allis vs. The Ramapo Wheel and Foundry Company; Slater va Shaw; Browne vs Browne; John vs. Mott; im the matter of Martin; Thomson vs. Currier; Johnson vs. Lingara; Beggs vs. Fagan; Otto vs. Fackuer; Wilkins vs, Agart, and Stevens vs, ‘Harris. —Granted. Williamson va. Salman; Stanley vs. Wood, and Craven vi. Giles. —Denied, Kalehur vs. The Bleccker Street aud Fulton Ferry Railrozd Company.—Notice must be given the com- ny. Owen vs. Groesbeck. —Motion denied, Lewis va. Smith.—Motion granted. Memorandum. Hubbard va. Sweet.—Piaintiff to farnlsh order. Hughes vs. Rubino, Nos. 1 and 2, aud Nosaer vs. Kinu.— Motions denied, without costs, Spratt vs. King and Swagerland va, Bussing.—Orders granted, Pee a of California vs. Garth.—Allowance of Lewis vs. Smith, No. 1.—Motion granted. Order to be resettled op two days’ notice. : Vandervoort vs. The Sea Cliff Grove, &c., Associa- tion.--Motion granted; five per cent allowance. Mulligan vs. Muiligan.—Decree of divorce granted, Roberis vs, Hill—Motion granted, Judgment to stand as security. Aihson va Oliver & Harris Company.—Must appeal to Marin Court. Ingersoll vs. Keyser.—Motion granted. @ SUPREME COURT—SPECIAL TERM. By Judge Van Vorst, Farley vs. Farrell. —F indings ana decree signed. Spillane vs. Dwyer et al,—Order sustaining demurrer signed. SUPERIOR COURT—SPECIAL TERM. By Judge Sedgwick. Jackson et al. vs, The Charter Oak Lite Insurance Company.—Motion granted, with $10 costs. See memo- Tandum. Ingersoll vs. Toe Tenth National Bank.—See memo- randum for counsel Dow vs. Parragh.—Motion denied, with $10 costs to defendant. Memorandum, + Weston vs. The New York Elevated Rail pany.—Cuse aud amendments seitied, Peck vs, Morris, —Motion denied, $10 costa to abide event. Vunder Roest vs. Hermain.—Motion denied, with $10 costs to alude event, without prejudice to a motion wo make more definite and certain. ‘The Brewers and Malsters’ Insarance Company vs. Peterson; Perine vs. Sollinger; Frischkien va Hautsch; Benner vs. Caulfield; Varragh vs. Darragu Godkt ve Jewkins aud Jobnson vs, Fianagan. —Order: granted. jad Com By Judge Curtis, Clark ve, Flanagan et ai.—Order settied, Jobnson va. Wardrop et al.—Findings of fact and conclusions of jaw signed and filed, MARINE COURT—CHAMBERS, By Judge Mcadam. Manoor vs. Marrvey. lendant way serve amended answer without prejudice to the proceedings already had on the paymient of $10 costs within two days. Valk vs, Waldbeim.—Motion granted (2 Hilton, 584). Anderson ve. MeGuckin and apother.-—Piaintid is not entitied to disbursement ladle vs. O'Reilly.—Motion to vacato order de- nied McEvoy vs Sleight.--The last order inade Lerein Must stand. In re Hogan, an attorney.—Urder tor contempt set- ui Frankel vs. Kamler.—J. C. Woif appointed receiver. Chatham National Bank va, C, Schumann —Detauls opened. Wall va. Third Avenue Railroad Company. —Order for security. Sohmidt ¥s. O' Donuei!.—Commiasion ordered, ve, Woorruit,—Order of arrest vacated, sliey 78. Flanagun.—George 8. Wilkes appointed re- ceiver. « Barber vs, Yout.—A. 8. Gould appointed receive Hayes vs, Stee! aylor. —Keferred to Atkiws vs, Chapman,—F, 5. W ceiver. Schwarzaneky ve. Averill —Case set and fled, Crmumuins vs. MeArtnur; Goodman ve. Kelter; Sher- Man vs Metropotian Bunk; Ruil va Rutz —Motioas granted, The Chatham Natioaal Bank vs. Schumsn.—Motion granted, GENERAL SESSIONS--PART Betore Recorder Hackett. AN INGENIOUS FORGER, A. Peaboy, L William MeCielland, alias Henry More, Wag arraigned at the bar ou a charge of torgery under the following cir Previous to this be bad tad some WM, Sines Levy, of Hudson ¢ host and shoe tr. Met » $86, em sim of $3V1 93. ftrept, who ts aly hand owed | A CHLCK # Levy tovk bith, gay Mr ier weed by fr trie 6 fTerenten 8 tren yned by a6. tesland were male te wae Default opened on terme. i NEW YORK HERALD, anistanees:—It appeared that ome William MeChel | old sume boots aud shoes to Messrs. W. Topping | tor which he received ou account af the sue the | ‘THE BAKE years appoiuted. re- | sixth street, in Twenty-fourth rea uim vo presens the check in and that on that day he (MeCle! laud) started off for Pennsylvania, Witnesses were pro- duced toshow that the prisoner was the party who 1n- dorsed the check, the prosecution contending that McClelland und More were one and the rate person, | ‘The jury found the prisoner guilty, and in passing seu- tence Recorder Hackett remarked that this was au ad- imirably concocted scheme, not only ty obtain money wrong! be but to defend the crime. Under the circum stances, therefore, he would inflict the (ull penalty, re- eretting that the law did not empower him to inflict a greater one—namely, five years in the State Prison. A BELIGIOUS IMPOSTOR. In the middle of January last a rather good-looking young German named Francw Smith went to the office of Mr, M.F. Dominick, of No, 95 Wall street, and repre- sented that he aud his mother were members of the younger Dr, Tyng’s church, of which Mr. Dominick is | alsou member. He set forth a beartrending tale asto his destitute condition, stating tn case of nov-payment of his rent he and his mother would be ejected from their rooms in Forty-tiret street, Thereupon dir Dominick gave him an order on bis brother tor $3. ‘Taking more tuan ordinary interest in the case Dominick subsequently proceeded to the address by Sunith, but could find no such person, Later on he spoke to Dr. Tyng on the subject, but the rever-nd y anaeuag disclaimed all knowledge of him. On the st inst. Mr. Dominick caught sight of hitn in the ot- fice of Mr. J. C. Phillips, toilowing up bis plea for money. He was promptly arrested, and it appeared tbat be had made many victims of the same congrega- ion, among them Mr, E. C, Sampson, of No. 53 de street. He pleaded guilty to the charge preterred agains: him and be was sentenced to three years’ im- prisonment in the State Prison. GENERAL SESSIONS—PART II. Before Judge Gildersieeve. THE FATE OF TWO HIGHWAY ROBBERS. The trial of William Pitt and Thomas Le Strange, tn- dicied tor assault and attempted robbery,.was cou- claded yesterday. The prisoners, in company with others, attacked Mr, Frederick E. Luthy ou the night of the 24th of April last, in 124th street, Harlem, while on hisway home Alter adesperute struggle, iu the course of which Mr. Luthy was severely beuton while an attempt was being mave lo urag hia diamond studs from his shirt bosom, the prisoners became alarmed at the sound of a policeman’s rap, and jumping into # wugon at hand drove of, They were subsequently captured aud fully identilied, Mr. Miteiell, who ap: peared for the delence, called several witnesses to prove an alibi, while on the part ot! the prosecution Assistant District Attorney Bell showed thut the jyis Oners Were in the vicinity of the crime on the night in question, ‘Tey were found guilty und sentenced each to ten years’ imprisonment in the Stace Prison. AN ALLEGED CROOKED COMMISSIONER. It will, perhaps, ye remembered that one Daniel Mangan, who carried on the business of a shoemaker in Monroe street, desired some time ago to change his avocation and become a policeman, James Powers said he would uso his influence with Polico Commi: sioner Erhardt tor the sum of $100 and procure the up- | pointment for him, To thia end be desired Mangan .o meet him at the St Nicholas Hotel, where he would introduce him to the Commissioner, Mangan was accordingly tutroduced to the supposed Commissioner and his clerk, und the money was paid over. Mangan “all brought before Judge Gildersieeve, huving recently been arrested in Pennsylvania, and committed to tho Tombs to await trial, FIFTY-SEVENTH STREET COURT. Before Justice Kilbreth, SHOT BY A POLICEMAN. Officer Meagher, of tho Twenty-first * precinct early yesterday morning, saw: three men roughly jostling a drunken man jn East Thirty-ffth street. On seeing the officer they ran, and o of them was pursued down Third avenue. Yhe officer commanded the fugitive to stop. He reiused and the officer shot hun in the lett ley Ho gave bis name as Willlum Donnelly, No. 336 Kast Thirty-second street, and said he had no intention of robb.ng the man, who was Henry Hall, of No. 203 Lex- ing. ou avenue, The Court refused to take a complaint for attempted highway robbery against the accused aad be was beld for trial on a charge of assault and bat- tery on Hall. Tho prisoner sustained only a flesh wound, 4 BOY CHARGED WITH FORGERY. George Roller, aged fifteen, was arrested on a charge of forging the name of Michael Curley, No. 109 East Thirteenth street, toa check for $35 and presenting the same in payment for a few dollars worth of grocer- jes to-a storekeeper on Third avenue, saying that he had been sent by Mr. Curiey, who had met him in Uni- versity place. The accused is employed in McCreary’s ary goods store, and several persons testified to his good character. He was beld for examination, EX-CORONER SCHIRMER’S VEST. Ex-Coroner Schirmer caused the arrest of his colored man, James Clark, on a charge of stealing his vest. James had the vest on in court, and the Coroner said that he had worn it last night while ona visit to one of his many colored charmers who had otf lute turned his head completely, The Court seemed to think lightly | of the offence, when the Coroner insisted that James should be punished, saying that he wasa “terriviy depraved boy.” He is tweuty-tive years of age. The Coroner’s desire to assume the positiva of justice as weil a8 complainant caused a good deal of merriment. The prisoner said that the Corot '§ anger bad not been caused so much by bis wearing the vest as lis | refusal to tell him where ay mother lived, +o that be could visit ber and tell her & jot of stories gboat him. He had worn the vest, he said, fora long ume past, | aud that im the house, too. and the Coroner had said | | nothing about it, He was held for ual on a charge of larceny. ROBBING A LIQUOR STORE. Michael Clark’s liquor store, No, 422 East Fifteentn | street, was broken into and robbed of one dollar's worth of cigars on Thursday nignt, Patrick Jordan, No. 422 | East Fateenth street, same house, and Thomas Lynch, | % East Tweltth street, were held for trial on the | FRATERNAL FIGHTS. A somewhat curtous case came up before Judge Murray at the ’ombs Court yesterday, wherein Samuel } | | | E, Adainson, a die cutter and stenci! plate maker, hay- | | | | ing a factory at No. 3 Park place, accused his brother, | Alexander Adamson, a speculator, residing in Brook- lyn, of attempting to kill bm Mr. Samuel Adamson | stated that he bad frequent quarrels with his brother | in reference to business matters, and on Thursday afternoon ordered him to leave bis place of business. | He not only refused to do so, but drew a large revolver | and snapped it at him three times, The weapon missed Gre, when Alexander drew a large bowie kuile, having a blade fully six inches long, and said, “Now | Vu kill you avyhow. I. bave come prepared to do it" “An ofticer was called tu and be was arrested, The revolver aud bowie kuile were exhibited in court, Justice Muri decided to howd Alexander | Adamson for itiai ‘in default of $2,000 bail. On being asked what he bad ww say Mr. Alexander Adatuson | suid that he bad a continuous quarrel with hie brother | Jor several years past. During a difficulty, wh curred in front of Wilara’s Hotel, Wastngton, 0 he borsewhipped bit, and since then their di had never veen wajust In reference to the present cage be stated that Mr. Samuel Adamson bad «a b pocket knilo th his face ina threateuing manver. went to hig desk wud drew the revolver aud katte in-order to deiend himevi!. He did pot snap. the revolver at his brother, and ouly presented 1+ at hin to deter him from using the Kutie, Ou bearing | this statement Justice Murray decided to entertain & counter complaint, on which Samuel Adamgon was bekt in $1,000 i to answer, Another traternal fight of a somewhat different char- acter came up betore Justice Murray, lt appeared irom the evidence that Morris Jacobs, the “bors of ite He- brew vote in the Third ward,” and bis younger brother Charles bad a reag: d-tumble fight te tron their residence, No, 18¥ Ureenwien 8% dissolution of partuersuip. On parties being ar. ra;gned 1. appeuren that each was equaily ia fault, and | Sustice Murray disebarged them bown. POLICE COURL NOTEs. At the Washington Place Police Court sosterday Judge Dafly heid Robert Crawford, of No. 215 West | Twenty-seventh street, for baving on th th of last | nionth waylaid Michael Carroll, of No, 44 West Twenty: | eel, near Eight avenue, aud roobing bin of $2 Crawlord is noted as | E . | a desperate character and a ledimg migmber of the Tenth avenue gang. On the 25th of March last Mra, Martha Antisdel!, of No, 69 Weet Twenty-third street, was robued of clothiug and Silverware s\lued ut $350, and at the same time Frances | Guraner, « chiored servant in her @ y jay morning the girl Uthcer Grassick, of the Washington Piace Court squad, | and pert ol toe aolen property foand im ber posses xiv, She confessed baviig pawoed the remaiuder. On veinggetraigued beture Justice Duffy yesterday at- the prisoner Was iwiy committed for (rial ¢ Tombs Court yexierd y aliernoon Detective Juckson, of the Fourty preeimet, arraigned Loats lau. bern, Messrs, vf No, 14 Forsyth strcet, an empioyé of | oodwin & Co., charged with bemg concerned atenusive robberies of lyducce itom their tactory, tomieve Tund in Elerich’s store a8 part telew trom fis tirny MARITAL MIS RY © Court of Yesterday the attention of the Sapren Jude vanity Guibert presiding, was yport of the wpe 1 te Custody Of va and obit iiiuren, Wieland Bala | Consul General, and for the malicious purpose of injur- | of the | quantities to meet the | urge numbers Ubroughout the insurgent States. | debts were created is sated, 11 sult | val * turd Faver-sAppesl (rom ihe Cy SATURDAY, JUNE 10, 1976--TRIPLE SHEET. that he Is fifty-eight years of age anda British subject; | he left England on June 24, 1873, tor France, and came | toNew York in July of that year; he was separated from his wile at that time, and bis family consisted of Miss Sophie Kemp, governess, and bis children, Heury F, and Kate; he is iv the grain busiucas in New York be kuew of the nature of the law proceedimgs brought by bis wife in England tor the custody of their cuil- dren; the luraiture in nis house, No. 192 Washington street, Brooklyn, is mortgaged tor $2,000 to Miss Kemp. | Miss Martha Pavier testitied that she bad been a resi deut of New York for the past two years, and carried ou the millinery business at No, 99 West Eleveutu street, New York; was a governess in the Baker fau- uy ft 1868 to 1575; Mr. Baker in 1870 asked her to become bis stress and go with him to Australia or to America; she disclosed the proposition to Mrs, Baker 4 couple of months alter; witness told of the | annoyances which Mrs. Buker had endured owing to | her busband’s peculiar disposition. | Mr. George Gilbert tested that be was a passenger 4m the tirst cabin on the steamer on which Mr. Buker | and Miss Kemp wad the children came to New York; their relations seemed to be like those of nan and wile, and Were the subject of comment among the olficers i passengers; lad seen him go into Miss Kemp's | Foom late at night, | Mr. Baker was recalled and explained his conduct on bourd the sicamer; Le uever made the proposals atcrib- uted to him by Miss VPavier; he was atone time & wealthy mun, but laiied in 1867, losing £20 040; he sad | be Was Wiiling to live with bis wife ii she will abandon these proceedings, | Miss Sophie Kemp testified that she was employed | as goverucess of Mr. Baker's children tu England three | Yours ago; knew at the ime ste Was engaged that be Was separated from his wife, but did not leurn the | cause; Lo impropricuies had ever taken piace between | Mr. Bake ; she 18 now keeping a boarding gion street; she has a mort- guge on the lurniture; hus received no wages from him sinve be came to this country, When the testimouy had been concluded the Court removed tho children to tbe custody of the moiber and adjourued the case for further bearing till Monday next COURT OF APPEALS. Auuaxy, June 9, 1876. No. 54. Day va, Tho Mayor,—Argument resumed und concluded, No, 51. Shades vs. The Railway Pass Association Company.—Argued by J. B. Adams for the uppedant, George F. Dantorth for respondent, No. 57. Schreyer vs, The Mayor.—Argued by F. Ly Stetsun for appellant, D, M. Porter tor respondent, No, 44. McVeany vs. The Mayor, &¢.—Vussed, No, 63 Daunal vs. The Mayor, &c.—Argued by John H. Hand for appellant, F. L. Stetson fur respondent. No. Kilen Caliauan, executrix, &c., uppelunt, vs, The Mayor, &c., of New York, responden:.—Submitted for appeliant; urgued by D. J. Dean tor respondent, No. 219. Smith vs. Hill, —Argued by 5. H. Benn for appellant, H, Boardman Smith tor respondent, Adjourneu, DAY CALENDAR FOR MONDAY, Nos. 122, 226, 233, 234, 236, 237, 239 and 243, UNITED SPATES ‘SUPREME COURT. | Wasmxatox, June 9, 1876, | OPINIONS, | THE JUDICIAL POWER OF CONSULS, HOW DRTKKMINED— Tuk COURT WILL XOT TAKE JUDICAAL NOTICE OF FOK- BIGN LAWS. Francis Dainese, plalutiff ip error, vs. Charles Halo— | In error to the Supreme Court of the District of Culum- | bia. —This action was brought to recover the vatue of | certain goous, chattels and credits of the plaintiff, which the defendant im November, 1864, then being Cousul General of the United States in Egypt, caused to be attached, The declaration alleged thut the de:enu- ant, by usurpation and abuso of nis power as such ing the plaintiff, took cognizance of @ certain contro- vorsy between the plaintiff and Richard H. and Anthony B. Allen, (all beimg citizens of the United States, and Roné of them residents of or sojourners within the Turkish dqminions at that time,) and made and issued the order of attachment by virtue of which the seizure in “question The defendant pleaded that of issuing the attachment he was agent and Consul Geueral of the United States in Egypt, and was furnished with @ letter of credence irom the President ol the United States to the Pacha; that .in his said official cupac.ty he exercised the functions and duty of @ Minister, ana by the law of nations, as weil ay the Jaws of the United States, he was invested with judicial functions ana power over citizens ul the United States residing in Egypt, und, in the exercise of these functions, took cuguizance of the cause referred to in the declaration and issued the attachment complained* ot. To this plea there was a general demurrer. ‘The defendant, by his plea, asked the Court to take Judicial notice that bis official character guve him the | Jurisdiction whicn he assumed to exercise. Could the Court do this? Can this Court do it Upon these facts"the Court decide in substance as follows ;—Judicial powers are not neceasurily incident to the oitice of consul, though usually conterred upoo consuls of Christian vations 1D pagan and Mohammedan countries tur the decision of coutroversies vetween their lellow citizens or subjects residing or comimorant there aifd for the punishment of crimes committed by them. The existence und extent of such powers depend on the treaties and positive laws of the nutions concerned. In Turkey, Jor example, the Judicial powers of consuls | depend on the treaty stipulations cou by the gov- erbment of that country, and on the iaws ol the sev- | erul states appointing the consuls. The treaty between the Uniued States ana Turkey, made in 1862 (if not that | made in 183:), has the effect of conceding to the United ‘States the same privilege iv respect of consular courts and jurisdiction which are enjoyed by other Christian nations, meluding civil as Weil as weil as criminal juris- diction; and the act of Congress June 22, 1860, esiab- lished ‘thy necessary regu ations tor carrying the | Jurisdiction into effect. Bui as this jurisdiction is, in | terms, only such as is allowed by the jaws of Tur Or 18 Usages 10 118 intercourse with other Chris Nations, those laws or usages must be shown in order to know the precise extent of the jurismetion. ihe Court cannot ordinarily take judicial notice of 1oreign | the whole or a portion of its length. "* | Patenty on the question of im | States notes are exempt trom taxution. by or Soutbern District of New York, —This was a bill fled to | arrested him. restrain the infriagement by the respondent of lew Patent for the manufacture of combined pencils and erasers, The frst patent was granted to one Spmou iv 1855, and was extended for a further term of seven Years in 1872. Tue claim of this patent was:—"The combination of the lead and Inaia rubber, or other erasing substance, ip the holder ofa drawing pencil,” the whole being arranged and consitucted in the man- ber set forth in the drawings, which exhibited a con- 2 uons sheath of unilorm size, with intery sizes, tbe ‘er sere groove the ' lead groove, The second patent is for an improvement en the fore. going, and was granted to Keckendorter in 1862 aud reissued in 1872. ‘The claim of this patent was “a pencil composed of u wooden sheath and loud ease, having one end of the sheath eularged and recessed tO constitute a receptucle tor un eraser, or other similar aruele, and whose case gradually tapers in largest and recessed head toward its opp The patent’d 1s not a patentabie inve ft the United States; thi mn claimed must p & force, elect or result, in combined forces of processes, from that given by their Separate paris, There must be # new result produced by their union, Af wot so, itis only an aggregution of separate elements, Au instance and iiustration 18 found im the discovery that by the use of sulphur mixed with india rabber the rubber could be vulean- ized, the combination of the two producing 4 result or an article entirely different: trom: that before in use. Another iilustraion may be found im the frame in a sawmill which advances the log regularly along to meet ihe suw ond Operates the saw Which saws the log. the two being co-operative and simultaneous in their joint action of sawing through the whole log; or in the sewing that the arti within the jw the combini the another part forms the stitches, the action being sim- ultaneous In currying on & continuous sewing. A stem- winding watch key 1s unother insiance, The office of the stein is to hold the watch or hang the chain to the watch, The olfice ot the key is to wind it. When the stem iu made the key the jount duty of hoiding the chain and winding the watch is performed by the same instru ment. A double effect is produced or a double duty per- formed by the combined result, Ip these apd vumer- ous like cuses the party co-operate im producing the final effect. Sometimes simultaneously, sometimes successively, the result comes from the combined eifect of the several parts, not simply from the combined effect of the several parts, not simply from the sepa- Tate action of each, and is, theretore, patentable. In the case under consideration t! e purts claimed to make a combination are distivct and disconnecied. There is not vdly no now result, but there is no jomt operation, When the lead 18 used it performs the same operation and in the saine manner us it would do if there were no. rubber at the other end of the peucil, When the ruv- bor is used it ix tn the same manner and performs the sume duty as if the lead were not in the sume pencil A pencil 1s laid down and a rubber is taken up, the one to write, the other to erase; a pencil 18 tarued over to erase With, oF an eraser ty turned over to write with. The principle ia the same in both instances, It may be more convenient to have the two instruments in ove rod than on two, ‘There may be a security agaimst the absence of the tools of an artist or mechanic, from the {act that the greater the uumber eater the danger of joss It may be more convenient (o turn over the different ends of the same stick yan to lay down one stick and take up avother. if, however, i8 rot invention within the Patent law, (fo show which the authorities are set iorth ela- borately—Reporter.) There 13 no relation between tho instruments in the perormance of their several func- | Hons, and no reciprocal action, no parts ased in com- mon. 1tis also held, ona preiiminary question con- sidered, that the decision of the Commissioner of ion, Hts ulility and importauee, is not conclusive, | inution in the courts; that his d OL uw patent creates u prima fucie right only, subject to review by the courts on ali questions involved, Af. firmed, Mr. Justice Hunt delivered the opinion, Mr. Justice Strong dissented trom tho view that the article described exhibits no sutlicient tuvention to warrant the grant of 4 patent, STATE TAXATION OF GOVERNMENT BONDS—A COURT OF BQUITY WILL NOT INTERFERE TO AID AN EVASION OF nti in error, v: The Board of County Commi si r ot Leavenworth Kansas; Alexander Repine, Treasurer, and Thomas Leouard, Sherif—In error to the Supreme Court of Kansaz.—the case presents tre following facts:— Mitchell, the plaintiff, kept bis bank account with a banking firm in Leavenworth, On the 28h of Febru ary, 1870, be had a balance to bis credit of $19,350, and subject to his check in current funds, He that day gave his check for this balwnce, payable to bimseil in United States notes, Theke notes were paid to him, Ho ,immoviatcly enclosed them in a kealed package dnd placed them for safo keeping in tho vault of the bank, On the 3d of March he withdrew his package und redeposited the rotes to his credit. ‘Vhis was done for tae sole purpose of escaping taxa- tion upon bis money on deposit. Personal property in Kansas, which inciudes money on depostt, 18 listed tor taxation as of March 1 in each year, Mitchell did not list any money on deposit, The taxing officers in due assessment on account of bis money in bank. He asked the proper authorities tu strike off this added assessment. This was retused. A tax was thereupon it due form levied and its collection threatened. He then filed bis bill in equity against the defendants, who are the proper authorities to restrain the collection of this tax, alleging for cause, in substance, thatas bis bank bal: ance bad been converted into United States notes and was held in that form on the day his property was_ to be listed he could not be taxed on that account, The | Supreme Court of Kansas, vn appeal, dismissed the bill, for tie reason, as appears by the opinion, which im this cuse is soot here as part of the record, that "a Court of aid for the accomplishment of any sucn purpose,” We think the decision in this case was correct. United under State or municipal authority, but a Court of Equity will not knowingly use its extruordivary powors tu promote any such scheme us this plamtift has devised to escape | His | his proportionate share of the burdens of taxation, remedy, it he bat , is in acourtof jaw. Aflirmed. The Chiet Justice desivered the opinion, A LEWD LAWYER IN LIMBO. Samuel G. Derrickson, a lawyer practising in Now York and Jersey, waa called up for sentence, together with Kate Clements, in the Cour? of Sessions, at Jersey laws and usages; 4 party claiming the benetit of shem by way of justification, inusi giead them ‘The detend- ant, a8 Consul General of Egypt, in 186d, issued an tachment against the goods of the plaintiff, there situs ato; ueither the plaintil nor the persons at whose sait the attachment was issued being residents or sojourn- ers in the Tarkish domimions, but both being citizens | Inited States, For this ac planntit | brought suit to secover the vulue « tached, and as incideut thereto, claimed jurisdiction to entertain tho suitin which the attuchine issued, Held that the plea was deiective tung forth the usages of Turkey upon which, by treaty and act of Congress ¢ nferring the jurisdiction, the latter was made to depend, and which alone would show U8 preciso extent, und that it embraced the case in question. Reversed. Mr, Justice Bradley delivered the opinion, CONTKACTS IN THR CONFEDERATE STATES DURING THR WAK-—WHKN VALID—-TUE MEASURE OF DAMAGKS. No, ¥% The Wilmington and Weldon Railroad Com- pany, foveal ju error, vs. Henry King, executor of Hardy King, deceased—Iin error to the Supreme Court of the State of Norih Carolina —The contract een the defeadant aud the plainuifl’s testatrix, upon winen the present action was brought, was made in North Carolina during the war. iby ils terms wood purchased | uy the raiiroad company was to be paid tor 1 Conted- erate currency. The Treasury notes of the Cuntederate | government, atan early period m the war, in a great tneasure superseded coin within the insurgent States, and, thougn not made a legal tender, constituted tu principal currency in which the operations of business: were there conducted, Great 10) ve would, there- ave followed any other d nm jnvalidating | transactions otherwise Ifee froin objection because oF | the reterence of the parties to those notes as measures | of value But as th hotes Were issued in large creasing demands of the Ow ledvracy, And as the probability of their ultimate | | redemption became cdustautly less us tho war | progressed — they eexsurily depreciated =m “value from +month to month, antil some | the Coniedera duriwg the year 1964, the | purcbat wer of irom $21 (\o upward of $40 of the Lotes only equalied that of $1 in fawiul money of the United States. When the war ended the notes of course became worthless and ceased to be current, but con- tracts made Upon their purchusadie quality existed in a was therefore manifest that If these coutracts were to be entorced with anything like justice to the parties, | evidence must be ived as (0 the value of the notes | at the time and locality where the contracts were made; and in the principal case cited such evidence wis held admissible. ludeed, 1 the contracts as made by the entorced. have allowed any aMferent rule in catimating the val of the contracts aud ascertaining dumages tor their breach wonld have been to sanchion a plain departure frou the stypulutions’of the parties and to make for them new and different contrac: The Stave structed there might be a recovery of the value of the wood, without referenve tv the value f the currency. The decisivn here was in substance as follows :—-Contracts nade — dur. ing the War in one of the Confederate States, payable in | coulederaty currency, bat not designed in their portions to | origin W aid the iusarrectionary government, are not, Deewuse thus payadie, invalid betw Ju actions upon such contracts the evidence us to the value of that currency at that time apd tn the locality where te contracts were made is vdmissibie, A stut- | f North Carolina, of March, 1866, enacting that in | for devts contracted auring the lite the nature of the ovligation is not set . vor the Value of the property tor which such be admissible for eituer party tu show on tue trial, by affidavit or ovber- wise, What Was the con-ideration o the contract, and Vike jury, in making ap ther verdi sane inte consideration and ds suid CoMiract im present currency im the particular locality In Wuleh it ys to be pertormed, und render trot dict accurdingly,”” fur as the saine author. wes the jary m such actions upon the evidence thus belore them to place their own esiimate upow Ube Value of the contracts, instead of taking the » stipulated by t impairs the obligation of such eontracts, and Ure inh v.bop upon th ruta. Ai rordity in (hak State during the war, ata pricy payable 1 Co: ere curre yn of the Court tot Jury that the p d ty recover the Val vt the Wood Wii bout rete to the valae of the cur. | reney stipulated wax erronco Reversed, Mr. Jus tee Field delivered the oj iawn. Mr. Justice Bradley nthe parties, } Missented, PATENT MULE AS TO A COMRINATION OF RLR- MENTS—TIN GUANTING OF A PATE < SOT FOTAM. | Lisit rs VAkioit Nov 215 (lang term). Joseph Reckendorier vs, Kuer- culs Court for the | | two years Of age, stated When he was City, yesterday, for continued lewd conduct, Judy Hofman, in passing sentence, observed that Derrick Machine, where ene part advances the clotn and | time, On discovery of the facts, added $9,000 to his | Justice, sitting as a Court of Equity, will mot lend its | ie Il The wounded officer was appointed om the toree m 1s In 1861 he was made a sergeant, Political changes subsequently reducea him to the ranks. Hes 4 very good tempered man, and has am excellent record, UNCLAIMED PRIZES SWINDLE. Special Agent Sharrat, of the Post Office Departmest, is actively engaged in bringing to light the operations of the ring of sawdust swiudlers, bogus dealers in real estate enterprises and gift library concerts who are floating the couatry with circulars and fleecing the un- wary and ready tools in .raud alike. One of the prim cipal opera ors in this city announces in circulars sent through the mail that an unclaimed prize of $200 will be sent on receipt of $10 ay commirsion, which prize, he represents, is at his disposal, The dapes who eail iu person at the office in Nassau street, in this eity, are | imiormed with great seriousness that the — $200 is represented ~~ by a lot in Queen City, Rowan county and that a warr: | $800 belonged to Meflaie’ son had been previously convicted in thut court of a | devestavle crine, but the Court released hin by placing reliance on promises wt amend ment, which were never fusiilled The sentence | of the Court was that he be contined in the Pen- ftenvary for ning months at hard iavor, His compan tou, Kute Cloments, who bad retused to jeave him and return to her father’s tome, was senienced to four months iu the Penitentiary, Derricksou's a attendance, pleaded earnestly tor mercy, promising never to prac- Use again in Jersey if released, He ascribed bis down- fullto his practice im Justices’ Courts, especially in Hoboken, hud POLICEMAN SHOT. OUTRAGEOUS ATTEMPT TO MURDER A BROOK- LYN OFFICER WITHOUT APPARENT PROVOCA- TION. About three o'clock yesterday morning Patrolman | John Beatty was on post on Fulton street, near the | City Hall, when bis attention was attracted by joud | | voices proceeding from a group of men who wore stund- ing on the corner of Adams aud Fulton streets It was just daynght at the time, and the officer walked on down Fulton street, and when in front of the Court House he rapped ow the pavement, A stove was thrown by one of the party of men on the corner at the same | moment, and a cat bounded of thecurb stone, The next imstunt a pistol shot was fired and Officer Beatty's ara fell powerless by his side. The officer who, isu larg mau, Weighing about 230 pounds, asked, “Who tired (hat sbot?? Yo which qaery Robert Murra: known in Brooklyn as “Crow” Murray, replied. man fired it,’’ and at the same time be seized Thomas | F. Fuliaai, one of the crowd, by the arm and gave hi into the cusioly of the wounded polweman. The prisoner protested that Murray bimsell bud tired whe shot. At the station house in Wasuington street, near Jounson, Fullany n declared tat it was Murray who bad fired the pis.ol, and Sergeant Kane at once ovt aud Murray into custody, ed through the lett-lund b1 Ke ob B prowking a lead pencil the und then nnbeaded tiseli’ in the muscles of tari, severing an artery, Beatty was attended atthe station house by Police Surgeons Fisher and Kissam, who tor sever hours were exceedingly woxious about (heir pavent owing to the great quantity of blood which he tost, Later in the day, how he wasenvch euser, and his recovery was consude iy a question of tine. When Murray Was conironied wih the station house he struck the latter in the jace tor charging tim with the shooumg La the ater. noon the prisoners were brought ovlore Justice Walsh D. P, Harnard appeared for Fullam, and ex Judge ted as counsel ur Murray. District Attorn Fepreseuted the imteresis of the people. Tae assault With mtent to kill Was entered age who pleaded not gulity. He wat then auimitted 16 vail in the sum of $5,0.0 to appear for examination ow Fri- day next, Fallam was discharget by consent of the District Attorgey, Jastice Delmar veeoming respun- sible for his appearance it wanted, Murray, who is thirty-five years of age, and keeps a siore on the corner of Fulton and Adams streets, ed subs quently that he was standing on that cor- ner talking with a number of frends, when a pistol wont off somewhere; be didn't know whe fred it im. mediately after the officer came across the street and raid to Murray that he had been shot, He had noticed ome fellow rin arvand the corner of Adams sireet jin: mectately after the shooting, bar on looking for bin Murray says le could not tnd him. — He was quite friendiy with Beatty, “Fullaim was drank,’ said M ray, “and when Beatty came across the street got the idea into his head tha to say th: did it, and so, to get timee scrape, He say Ldiv it, Tdi not fire the shot and I don't know who jam, who isacerk by occupation and is twenty street toward the Corner of Adame he Heard tie report of a pistol and saw the flash Murray. He thon saw Murray patvomething into tne back pocket of fis AS he stepped on ihe eHrbstone bes latter caugut hola of bin and did yoo tire that brick tor’ Whi ad uo that tor!” Beatty then eae weruss (he street aud | matters | prostrate torm of Mel deed is given im payment for the commission, Th priveipal of the ring claims to be the agent of ty Louisville Library Gifs Concert, but of course this te fuise representation, as that eoncern exploded some time ago. The apent ia Known to the authorities as @ person who hus been ‘actuary’? of numbers of gift conceras, doliar enterprises, sales of goods of bank. rupt firms, and similar fleecing operations, through which numerous frauds are perpetrated upon the dupes of these artitives, und not a fev are drawn into the meshes of the law, Special Agent Sharrat is doing a good work in exposing these frauds and bringing th operators to justice, ATTEMPTED SUICIDE, Shortly before one o'clock yesterday morning Officer Hagan, of the bteenth precinct, heard the report of 4 pistol uear the corner of Fifteenth street and Irving place, and proceeding there found Or. Memeck, an at taché of the Belletristische Journal, puolished in Jony street, lying op the sidewalk suffering from a bulle wound between the cye and right temple, The wounde¢ man Was picked up and conveyed to Bellevue Hoxpital, where he Was attended by Dr. Silver, who pronounced the wound not tatal, The would-be sdicide quickly railied, and said in explanation of his act, which he greatly regretted, that ho was ina ft of despondoney at the me, brought about by tho excessive use of liquor, Dr. Memneck is thirty-nine years of age Io 160, shortly alter graduativg us a physician, ne eu- wred the journalisuc profession, For about twelve yeurs he Wax an editor of the Belletristischer Journal, of this city, and bis art criticisms while be was in that position are said to have boen masterly. He is unmar- | Med and resides at No, 160 Second street, to which place lite. Le was proceeding when he tried to end bi A CO..VENT STORY. Mrs. McDermott, of No, 504 First avenue, reported te Superintendent Walling vesterday that her daughter Delia, aged fourteen years, hud left the family of ber employer in Clinton, Mass, aud had gone, she sup- posed, intoa convent, To this the mother was op- posed and wanted the police to interfere. 1¢ appears (hat the girl entered the employment of Mr. Charles W. Bean, in Clinton, Mass,, as a domestic some four months ago. Last week Mr, Bean wrote that she had suddenly disappeared, and, suspecting that a Cathoue priest named Patterson knew of her whereabouts, be had questioned hin. Ho admitted that Delia had goue to New Haven tor the purpose of entering a convent, Superimtenvent Waliing told Mrs. MeDermott that hor remedy was tn the courts, and she leit to seek redresa in that manner, TWICE A STEPFATHER SHOOTS HIS STEPSON, [From the Memphis (Tenn.) Avalanche, June 7.] A terrible affray, which will doubtless prove fatai te one of thy parties, occurred at the corner of Lauder- dale and Madison streets about two o'clock yesterday afternoon, tho victim of the bloady decd being the etepson of the perpetrator, As near as can be ascertained, | itappears that whue Mr, Morgun MeHugh, bis wito and stepson, Ritchie MeHaie, sat at dinner, the sov behaved badly, used tnsulting words to his mother and threw dishes and toed about in away that caused Mr, McHugh to remonstrate Upou this McHale made « vicious attack on his stepfather with a knife, cutting bim slightly in the hand and biting his arm. The step- father drew a revolver and tired upon the young m The latter attempted to ruy, was followed by McHugh, and when first seen by outsiders the young Man was closely pursued by hix stepfather, McHale tripped and feli im « basement, and was heard to call out “YOU HAVE ME FOUL; dow’t kill me,” or someihing to that vifeet, The other made eeveral juettectual ettorts to tire, aud finally was seeu to deliberately turn the cylinder of his pistol with his baud, puintand discuarge its contents imto the ‘The utter, upon. examina tion, wus found to, besuot thirougls the sual ot the just above the kiduey's, also a litle biguer up, Qust-above the girdie, the buli passing entirely throush the stomach wnd lodging under the skin in its trout part, ‘the wounded man was attended by Dr. Ewell, who declined to say what bis probubie coudiuou was, but of course death must certuuniy eusae trom the effects of two bullets entering the person as described, McHale atterward stated Uiat be was turning vitnd and believed himselito be dying. McHugh quietiy gave himselt up to an officer and was taken to tue stauion house, whure he remained daring the aftcruoon, TMk VieTiM nawn to be a very bad us he ix called—tis age being scureely more tha y-three yours, Some (wo years ago he planned @ roubery aalust his aunt and mother, te execution being condacued by Jobin Ciiford, who, itis said, tailed to divide the spoils with MeHule, A por lien of the propérty stolen was alterward recaptured by Chief Athy and his oilicers, he money and valua: bies stolen amounted to some $2,000, of waich $700 or potuer, AbOUL Six months since Mr. McHugh married the mother of MeHale, stuce wuich ume us peasy naan has repeatedly threatened of ims tragedy bas long been rons vecustous bit He ha: has been ¢ y a the pelice ts ove of the worst chur acters 10 the city, often engaging In broils and assoct cutting with bad then. Me. MeHagh formerly worked for the Southern Es. press Company and was regarded as a iaithtal servant, worthy of their contidence aud respect, Fur two yeart or more he served on tue police lorce, and only re signed his place when he married, his wite being rather well-to-do and — keeping a nice grocery which needed his attention, MgHugh was surrounded by a number of his iormer associates on the police alter his trouble yesterday, All sympathized deeply with bin in bis allliction and ail likewise testl- jied to the excelience of his character, as well as his patient disposition under Urying circumstances. At the hour of midnight last Mellule was seill alive, but bis recovery was deemed impossible, y violent, DEATH IN. ST. LOUIS. STARTLING REVELATIONS OF A CORONER'S IN- VESPIGATION. {From the St. Louis Republican, J1 ] Nobody can be buried in any of our, cemeteries ex cepta certificate be gives by the physician who attended Guring tye last iliness, stating the cause of death. In case there is no physician iu attendance it becomes the duty of the corouer, as in cases of vivient death, to make an investigation and ‘issue a certificate, Untor- tuna’ however, many phy ins who may have ie! | preserited once for a patient and who may not see that | patient again until he dies, are willing to issae certiti- cutes, basing them on observations made at the tine of making the prescription, They cannot, of coarse, do this with any c:rtamty, and on the other hand they do hot dot with any aproper mtention; but mistakes might easily be made, and there Is Little doubt that this | Jaxity has done mueh to foster that terrible abomina- | | tape ‘This can be made most plainly ch wasultorded in the des on a few years ago er made fully public, tiou of child murder. evident by an ilastration wi of a coroner's investi (, acts of which wore Was ascegiaiped tut ti re who, with aey business of t destruction of int s step of & young girl of a widow sometimes makes te course to ch ficrd the only protection from great disgrace, and thus the old hag mentioned was hever without namerows patrons. In fact, at the time her busiuess was discovered sho had six white infants vw ber den, albof them being ouly a few weeks old. Her mode of accomplishing the death of the innocents ended no violent 2 wok apparently ema wetit For 1 treutinent, of weakened too slowly, a slow po: such a8 tartar emetic, was introduced in its Tout from time to time, ‘The resalt was that diurrhora set jo, and at this stave the hag gave the child in charge of avother wou of her own class, This woman pro corded to the office of some physician, stated the enild’s ins and reveiwed & proscription I ‘The contederate, however, nev administered the medicine prosertved, bat Kept ou a mimstering some decoction furnished by hag No, and thas the little victim's life was soon reduced to Iittie more than a breath lc was then transferred third couiederate, in Whose lands 1 soon died. wrave No, 2 then went to the physician who made the prescription, stated that the emiid had died " metery certificase. Huu- wiv crushed our i tnere ss tittle reason to doaot that yatem of wecomplishing ihe seme par- 1 in Ou In the case wiereie the investi gation wi the child deed on the of Thirteenth: «nd Morgan streets, and the names of parties could be given ti \t would serve a purpose ane Hot heediessiy’ create scandal. Wore every physician required to view a corpse and inquire into the cireuiarances of dauth belore a certiticale, such a diubojeal system would sible, No law Of Ordnance. ex: wmhment of physiciny Who wre thas tess, und the charter commis: SPR a eee, Ae *