The New York Herald Newspaper, June 16, 1876, Page 11

—— THE COURTS. The All Important Conundrum—Is Lager Beer Intoxicating ? Interesting Argument on the Sunday Liquor Law. Progress in the Anti-Rapid Transit Suits. THE «= CROOKED ©=—- WHISKEY a . ‘The all important question, whether Jager beer is in- \oxicating under the meaning of the probibitory stat- ate, and whotner its sale on Sunday is in violation of the law, has been submitted for judicial decision to Judge Donobue, in Supreme Vourt, Chambers, and, of sourse, the answer to the question will be looked for with widespread interest, Some idea of tho extent and drift ofthis interest was shown by the large trowd which tbronged tho court room yes- terday in the hearing upon the writ of habeas corpus and certiorari granted im the case of Ferdinand Jungens, committed by a police magistrate on a chargo of violat- ing the Sunday law by selling lager beer, the police- man making the arrest bavitig set forth in his aifida- vit that lager beer is intoxicating. Ex-Judge Freed- man appeared for the prisoner, and Assistant District Attorney Rollins conducted the cise for the prosecation. Ex-Judge Freedman, in opening the case, said that the concession of the District Attorney in the second dis- charge of Justin Schwab, who was arrested upon a Similar enarge, necersarily leads to the third discharge in the present case, inasmuch as the District Attorney admitted that it must be affirmatively proven that lager beer is imtoxicating. The mere allegation that Jagor beer is intoxicating, he insisted, is nothing more than a conclusion in the mind of the witness, without auy facts to sustain 1. If the burden of proof is on the prosecution it means legal proof. if the witness had sworn that the Lom ana of lager beer were intoxi- cating to his own knowledge it would have boen prima facie evidence; but nothing of the kind appears, and consequent! ent cannot take the piace of proot. Tromaining question to be discussed is as to whether ale and beer, and consequently layer veer, is included in or excluded trom the prohibitior toutained in the Sunday clause. This question ts o1 of tegwlative interest. Selling hquor on Sunday was not un oftence or crime at common law and was only punishable as a nuisance. Proceeding to a considera- tion of the statutes it is plaim, that their intent must *ppear from the language used. ‘There is ceriainly nothing tn the Sunday clause ot the statute which in- dicates that the Legislature meant to piace tho sale of Jager beer or, indeed, any beer u; the same footing that of — intoxicating 0. butt folee seem to think that the sale of iager r is just as bad as the sale of wines and INDICTMENTS. liquors, ‘The statute in this respect being ambiguous such ambiguity must be constrained in or of the party who ls to be affected by it, The statute as amended in 1870, providing for the punishment of offenders under the Sunday law, leit out the words “lager beer.” This omission was not accidental. He went on to cite the different statutes, and, commenting upon them at large, claimed to have proved that the omission was by design, and that it was the intention of the Legislature to exclude lager beer from _ in- soxicating Iiquore, In conclusion he said that the Sun- day clause now under consideration must be taken as a tomponent part of the act of 1870, and when it is con- vdered in the light of the history and the object of that act and the struggie that led to its pasage and construed, together with the other provisien of said act, the omission of the words ‘‘ale or beer” from the sn clause and their col employment in other sections in contradistinction to the words‘strong or spirituous liquors or wines,” showed that the lature did not intend to probibit their sale. The pris: he claimed, therefore, was entitled to his discharge. Mr. Rollins made quite a lengthy argument in rep!: He insisted that the police magistrate, upon the affid: Fit of the officer who arrested the prisoner, in which & was alleged that lager beer is intoxieating, could not do otherwise than commit: the prisone: answer the tharge of violating the law agh the sale of lager beer on Sunday. Judge Donohve asked if in case it should be proven that lager beer is not intoxicating the officer could be iiiicted for perjury. Mr. Rolling said that he could not see why he could got be thus indicted, and added that he certainly would feel tt his duty to prosecute him in case of such indict- ment He reviewed at length the acts of 1857, 66, '70 ‘and '72 in regard to the sale of intoxicating arinks in this city, and cited various authorities going to show, as he claimed, that the sale of lager beer on Sunday was a clear and positive violation of the law. After a briet response by Judge Freeaman the coun- sel were ordered to send in their briefs to-day, after — Judge Donohue promised to give a orompt decis- FIGHT AGAINST RAPID TRANSIT. A pleasantly appreciable hearing was made in the turther examination yesterday, betore Judge Sedgwick, tolding Special Term of the Superior Court, of wit- tesses in the injunction case brought by the Sixth Ave- aue Railroad against the Gilbert Elevated Railway Com- pany. Twenty-two more witnesses were examined m behalf of the Sixth Avenue road, after which the ‘Slaintiffe rested. Mr. George P. Lowrey will open the tase this morning for the Gilbert Elevated Railway Company, alter which wiJl begin the examipation of witnesses for the delendants, which will doubtless oc- tupy several days The testimony taken yesterday was mainly @ repetition of that previously given, being \ recital of accidents trom rses runping away chrough being frightened by the trains on the Green- wich “Street Elevated Railroad, and further ae- ails about the inconveniences resulting from tar inppings. Among the witnesses was James L. Robin- son, a horse doctor, who explained what would be the fects upon the nervous systems of horses employed m the Sixth avenue road in case an elevated road was. sonstructed over its track in the manner proposed. He tave it as his opinion that the horses would be good or nothing. A feature of the day was the development. of the fact that civil engineers are as likely to disagree * as doctors, James H. Wiison, for instance, testified that 100,000,000 passengers could be carried yearly on Elevated Railroad; that this could be done at a minimum speed of twenty-five miles an bour and with sixteen stops between the Battery ‘and the proposed upper termmarn, and that all this could be done with an engine weighing from eight to jen tons, Mr. Theodore Weston, on the contrary, gave tas his opinion that this could not be done with an engine weighing less than thirty tons. suit of the Ninth Avenue Railroad Company igainat the Greenwich Elevated Railroad Company, doing tried before Judge Van Hoesen at Special ferm of the Court of Common Pleas, seven more witnesses were examined yesterday, making eighty-tour wit- geases thus far cilled for the plaint Although she same line of testimony is yet being gone over the plaintiffs show vo indication of resting. It looks now, inf as though the Sixth avenue suit would be @nished Orst. THE CROOKED WHISKEY OASES. Asaistant United States Attorney Foster was notified yesterday by Mr, R. T. Wood that it is proposed to test the sufficiency of the Grand Jury which found the tecent ‘crooked whiskey” indictments by plea in pr eae to the \row so nye whe H. Suska. The pointe relied upon wi th that wore su sted oa the shaleuge to the array of Grand Jerors hich bas been withurawn, Geueral Tracy will Le associated with Mr, Wood, and probably other counsel of the par- Hes indicted, making this atest cave. It is probable that Genera! Foster will demur to tho plea, and that Po pores will be had before Jaodgo Benevict on Tues- next” SUMMARY ‘OF LAW CASES, Suits have been begun in the United States District Court against some thirty defendants, to recover bal- ances of duties claimed by the government. It is an- Bounced that suits will be brought to speedy trial. A writ of habeas corpus was yesterday granted by. Judge Donohue in the case of Carlos Sala, charged with Shducting a httle girl named Kate Vienot from this city lor immoral purposes, Sala was arrested ark, S. J. Toe writ was made returnable to-day. To the suit brought against the city by Captain Russell tor damages for lose of services by his wile, on secount of her breaking a leg while going into Wash- iogion Market, which was tried beiore Judge San- ford, of the Court, a verdict was rendered yes- Supreme Court, sort brought Knickerbocker by Elizabeth gaioat her husband, Walter Browne Mid- dicton, on the ground of adultery. On a motion for counsel fees, which was made yesterday ‘o Supreme Court, Chambers, several opposing altidavits were read by cougsel. The husband, in his afiivavit, alleges that the charge of in- fidelity on his part ts not trae, and that the plainuift has brought this suit im bad faith and merely to ward off the of a suit tor divorce which be bas brought a. ‘nat her, The Vourt took the papers, DECISIONS. SUPREME COURT —CHAVBERS, By Judge Donobue. tn the matter of Corbitt aud Kuous va Harou.—I de- Brewster vs. Oatley.—What is wanted? Wilkinson vs. Prentice. —Grunted on payment of $10 Osta, Gallaudet vs, Brown.—Question of payment of fees cannot arise op this motion, otherwise the proceedings are regular. Steigber vs, Blankman and Wallack vs. Daly.—Mo- tions granted. Memorandums, Craven vs, Giles,—Corrected, Nettel. —Motion denied, Ned, In the matter of Soot; Daly va. Jacot; Bell ve. Kier- man; Chard va Ortel; in the matter of Calbun; Chand- ler va Chandler; in the matter of Isham; Taylor vs. ‘Wiuard; Von Elbert va. Fitzpatrick et ai, Nos. 1 and 2; Ovo ve. Fackner and Hubbard et al. va. Swoet.— Covert vs. Henulberger.—Granted. Opinion. By Judge Lawrence, . Daly vs. Jacot.—This motion must be denied, with costa, MARINE COURT—CHAMBERS. By Judge McAdam, Irving National Bank vs. Cudlipp—Motion denied as per indorsement on pap: rs. Brady va Brett. its taxed at $162 71. Hanson va Blanchard; Howard vs, Whitney; Hall- ston vs. Nicholson —Judgment for plaintiff’ on de- murrer. Tansig vs, Booth.—Bond approved. * Riker vs, Manhattan Insurance Company.—Leave to serve supplemental answer granted. Wagener vs. Burna,—&, Jacobs, Eaq., appointed Teceiver. Beck:r vs. Parker; Lang va Thomas; Lees vs. Woll.—Motion , ean Martin vs —Defendant discharged under Fourteen Day act. GENERAL SESSIONS—PART 1. Beiore Recorder Hackett, BATTELL SENT TO STATE PRISON FOR LIVE. On the opening of the court yesterday there was a large crowd present, anxious to witness the closing scone in the trial of W. J. Battell, cguvicted of murder in the second degree for killing Ann Hammar, in Harlem, on the 17th of March last. Among those preseht were the prisoner’s wile and his mother. ‘The prisoner occupted a seat & the side of his counsel, Mr. W. F. Kintzing, Be looked well, and displayed bis usual stolid indifference. Assistant District Attor- ney Herring moved for sentence. Upon being interro- gated by the Court whether he bad anything to say why sentence should not be pas upon him, the risoner, through the advice of Mr. Kintzing, satd he nothing to say. Recorder Hackett then proceeded to sentence bim, saying that he tully approved of the verdict of the jury, and that his escape trom a convic- tion of murder in the first degree was attributable en- tirely to tampering with tho law by the Legislature. ite then that the crime of which the prisoner was convicted was brutal and atrocious, and that he deserved death, but as long as he sat on the bench be did not imtend any man should be convicted of mur- der in the first degree without positive evidence of a dehberate and premeditated design to effect death, which ele: it Was wanting in the present case, and on account of which be approved of the verdict tora losser degree. fet sentenced him to State Prison Immediately following the sentence tho prisoner shook hands with his counsel, was handcuffed smile upon his countenance left the court ody of an officer, ALLEGED ROBBERY. Esther Weeks was chargod with stealing several hun- dread dollars’ worth of jewelry from Elizabeth Pettin- gill, of No. 12 Little Jones street. Tho defendant had been a companion to the complainant, and the latter missed the property shortly alter the former left her house to seek employment elsewhere The defendant was subsequently arrested in Fall River, Mass., and apin belonging to Mrs. Pettin- itt was found on her person. The prisoner explained Ubat tae pin in question was given to ner by Mrs. Pot- tingill in exchange for a Mees ae denied ever having seen the other articles name The jury found a ver- @ict of not guilty and sho was discharged. STEALING A GOLD WATCH. John Anderson, alias ‘Jimmy the Kid,’ was placed at the bar eharged with stealing a gold watch and chain from George W. Mantell on the night of tho 5th of April, while he was smoking on the platform of a Third avenue car. The prisoner was subsequently arrested identified by Mr, Mantell, The prisoner, in his defence, denied being on the car on the night m que: tion, and another witness testified that le was at home at the time the theft was committed. The fur- th yearing of the case was adjourned until this merning. " BURGLARY. Michael Clancy, who was convicted of burglary on the steamer John W. Garrett, lying at piers 6 and 7 North River, on the night of April 16, when cigars and ee valued at Lg bpd the property of John W. Stro- M, im transit to Baltimore, were stolen, was called up for sentence, and sent to the State Prison for four years and six months. GENERAL SESSIONS—PART 2. Before Judgo Gildersleeve, RECEIVING STOLEN GooDs, ‘The trial of Eva Goldman, indicted tor receiving stolen goods, was resumed yesterday. It appeared that the store of Harris Goldstein, No, 70 East Broad- ‘way, was robbed of several packages of combs by a boy named Issac Blumberg, who eareety guilty to the crime, He was produced as a witness, and testified that he sold thom to tho prisoner, who keeps a stand on Vesey On the part of the defence it was sbown that the prisover purchased brother, who is adealer in combs, and several wit- nesses were produced who testified to her gooa charac- ter. The jury acquitted her and she was PLEAS AND GENTENCES. Isaac Blumberg, eighteen, of No. 37 Kast Broadway, pleaded guilty to the charge of having burglariously en- tered the store of Harris Goldstein, No. 79 Kast Broaa- way, and stolen a number of combs, Yo was sen- tenced to two years’ 1mprisonme! the State Prison. Fredorick Schmidt, of No. 95 Cherry street, pleaded guilty to the charge of having discharged a pistol at Martin Coleman on the 6th inst, He was sentto the State Prison for two years. POLICE COURT NOTES. At the Washington Place Police Court yesterday Waiter A. Chapman, « negro nineteen years old, of No. 342 West Thirty-cighth street, was committed in default of $1,000 bail for snatching a pocketbook con- taining $8 from Miss Rebeoca Johnson, of No. 425 Sixth avenue, while she was passing the corner of Filth avenue and Twenty-seventh street, at balf-past six o'clock on Wednesday ing. William Etslio was heid tor trial by Justice Duffy for attempting to steal $10 worth of dry goods from the store of Robert Haydon, Noa 494 Tenth avenue. Eislin said he was starving and had to steal or die. A general raid was made yesterday on the bum and hg oes is of both sexes who frequent the City Hall, Washiugton Square and Madison Square by Twenty-five of them were sent to Blackwell's Isiand as vagrants. At the Essex Market Court yesterday officer McDer- mott charged George H. Apporman with baving stabbed Louis Walter in the sice during a drunken qaarre! in Chrystie street, on Wednesday night. Apperman was held to await the result of Walter's injuries. James Murphy, a well known east side thief, was m irom her Park Officers MeGonigie and Dasenberry, held for trial at the Essox Market Court yesterday tor stealing $12 from the till of Lena Burgduil’s siore, No. 6 nd wvenue, Jonas Goldachmidt, Daniel Weiner and Julius Falk, onachargo of robbing Mina Feiber, of No, 712 Sixth avenue, of $600 ip currency and trinkets valued at $500, were held by Justice Morgan, at the x Mar- ket Court, B , for examination. Justice Wandell, sitting at the Tombs, yesterday committed Herman Weigand, of No. 75 Eighth street, for passing on Frederick Macker, No, £0 Fulton street, a forged check on the German Exchange Bank, No. 245 Bowery, tor $25. James Johnson, who said he lived in Mangin street, but who is known asa Sixth ward thief, jterday for stealing eight reams from tho establishment of J. 117 William street, it, aged seventeen, of » was found in William street New Brunswick, N. NEW YORK HERALD, FRIDAY, ‘7330, 6051, 7877, 6008, 6952, divs, 4911, 6761, 7077, 7078, 6027, T¥S5, 5214, 7442, 7828. Covnr oF GuxxxaL Sxssioxs—Part 1—Held by Re- corder Hackett.—The People vs. William Brown, fe- lonious assault and battery; Same vs, Mary Brown and Maria Smitb, grapd larceny; Same va. Hyman Gold- stein, grand larceny; Same vs. John Anderson, larcen; Same vs. Otto Hopfield, receivin; goods Same va Andrew Cassidy, petit my. rt 2—Held by Judge Glidersiceve—The People vs Joseph Kearns, felonious assault and battery ; Same vs. Schoenholz, burglary; Same vs. Murtha Carr, oad larceny; Same vs. John Burns and John Hallen- Same ve, James Brady, grand stolen COURT OF APPEALS. Aunayy,’ June 15, 1876. No, 151, Newton va. Porter.—Upon motion and con- Sent cause goes over the term. No, 58 Whitmore vs. The Mayor, &c, of New York.—Argued by D. J. Dean for appeliant; James H. Fowler tor respondent, No. 231. Davitt vs. The Elmira Nobles Manufactur- ing Compuny.—Argued by EK. P. Hart for appellant; 8. Dexter for respondent No, 208, Smith vs. Scholtz,—Argued by William Ful- Jerton ana George F. Comstock for appellant, and by Douglass Campbell and B, W. Paige for respondent. Case still on. adjourned. ¢ CALENDAR, The calendar for Friday, June 16, 1876, 1s as follows:— Noa, 147, 205, 217, 295, 244, 126, 245 and 246, ERRONEOUS QUOTATIONS. Baurmonrs, Md, June 15, 1876 Some time ago Messrs. William Fisher & Sons, bank- ers, sold to Sterling, Ahern & Co. $50,000 in gold, basing tho price on a quotation furnished by the tndi- eator of the Gold and Stock Company. This quotation pubsequently proved to be arroneous, which caused a loss to the Messrs. Fisher of $67. The firm brought suit for the amount before & magistrate, who desided in their favor, The Gold and Si Company appealed to City Court, and Judge Pinkney yesterday reversed the judgment of the magistrate, holding that the Gold and Stock Company were not responsible for the accu- racy of the quotations, as they had not guaranteed them. BOARD OF ALDERMEN. There were but few members of the Board present yesterday, the only republican being Mr. Cudlipp. Letters were received from the Mayor vetoing an ordi- nance regulating the ratw of speed at which horses should be driven on the upper end of the island; and also a resolution giving permission to present owners af trait and other sidewalk stands, which was laid over. Alderman Gross offered a resolution, which was referred to the Committeo on Parks, requesting the President of the ‘k Commission to inform this body whether the ement 1s true that Mr. Fred. Law Olmated, employed by the dopartment as a landacapo architect, at an annual salary of $6,500, 18 engaged by other cities and States in a similar capa- city, requiring his repeated absence from his post of duty and neglect of the same; and also whether at gent he is, among others, in the employ of the nadian government or one of its municrpalitics, thus clearly forieiting, under the laws of this State and city, his position 1m the Departinent of Parks and the emoluments appertaining thereto, AB ordinance was passed permitting contractors, in the event of engincers and inspectors in the employ of the Public Works Department reporting that the work done by them for the city is not in accordance with the specifications, to appear bolore the Commissioner and make explanation. MUNICIPAL NOTES. For want of the requisite number of votes no general orders were passed by the Aldermen yesterday, Algernon 8. Sullivan is one of the few strong adherents of Tilden within Tammany Hall, He says that Tilden should be nominated to insure New York, but that Han- cock would puoi the country North and South, in bis opinion, and send to the right about any candidate that may be named at Cincinnati. It is heartrending to witness the forlorn looks of the honest toilers who daily besiege the Public Works De- partment for employment when there are no tickets to give out and no prospect of any important public work being undertaken to relieve thom. No wonder nen are driven to crime when sick and starving childron cry tor bread, as do those of many of these workmen ry. The Board of Aldermen will hold a special meeting on Monday next to transact routine business, Comptroller Green paid yesterday to August Belmont & Co. 820 83 for sterling exchange to pay gold in- terest coupons on consolidated stock of the city and county of New York, due in London July 1. MASTER CAR BUILDERS. The closing session of the tenth annual convention of the Master Car Builders’ Assdciation was held yes- terday in the Grand Central Hotel, Mr. Leander Geury, President, 1m the chair, The business of the session ‘was the further consideration of the reports of com- muittess on draw-bars, buffers, cowplings, &c. Kvery detail of car workmanship tending to the better pro- tection of the lives of passengers, the increuse of capacity of passenger and freight care for mileage by reason of lightness and durabblity were ably discussed andthe regular reports ordered on file. Alter tho close of the Convention a number of the members ‘went to Philadelphia to visit the Centennial Exposition. REAL ESTATE, Only two auctioneers held sales at the Exchange yesterday, a majority of the property advertised to be sold being withdrawn or adjourned. R. V. Harnett sola, by order of the executor, two three story brick houses, with lots each 25x98.9, on East Twouty-ninth street, 235 fect east of Thira avenue, for $12,000, to P. N. Carling. Also a threo story frame house, with lot 25x100.11, No, 122 East 126th street, south side, 115 feet westof Loxington avenue, for to A. Van Tassel, &. H. Ludlow & Co, sold, by order of the executor, two story frame houso, with plot 200x150, on west side of Washington avenue, 100 eet south of Eleventh street, Tremont, Twenty-fourth ward, for $6,300, to W. A. Emery. Also a 84, 6x62x223.9, on east side of same street, 1524 feet south of Taylor street, for $725, to Mr. Finu, Schul TRANSPERS. of Cortland a 0 john Finxel and wite to sane Nom. WAS fh. m, of BOth wt. Bx Koek and husband to John Bebafer 23,500 . &, SOT, e. of Es st., 20075; H, Moran, ke. Wost New av... 164 ft. n. o regular; J. P. Martin to T. Harrigan. 1,450 €. of Kesex, 26x78.34) A. iaseoi it; W. Bogart, ‘to 4,000 20th s¢., 8,8, 116.5 of “Hh Alexander Clinton others to A. ose wee 1,150 49.6x600 to 16Y to Tinton xirregulur; same to A, Sth'ev., 0. 0, 4107, “no Holmies and wife to J. Blast st., s. 2, 326 it. @. Hutecn to G, 1. Ryno Slat at. ». 6, 350 fi. €. of Had av. A, ¢. 6, 50.5, ft 17ih at... ., 98 Randali to John H. Slet st, 0. 0, 200 and Coa tad wife vo M. '» &, 706 Mh @, sind wife ti ¥. Willeox yesterday trying to sei] a case of surgical instrumen’ 10,009 Jued at tor $10. He was arrested by Officer K. DB. Gale Gereree) to urth precinct, and on boing arr: «e+ 10,100 at the Tombs was remanded to the Oak stroet station until an owner can be found for the case of instru- ments, which have evidently been stolen. bg! Mi , Thomas H., and others to Deborah L. Gaff. COURT CALENDARS—THIS DAY, | Vij tx ottaninute cthomerr gest cn SurRen Court—Cuamunne—Hold by Judge Dono- | Me "oruaight ot. w. of tudson nt ™ 98 gag er wel 116, ty eet 1335, 1: 192, 203, r) om — to Felix Marx. justal- Susanna. Obeme- Sones tune ele’ by” Lawrence.—Law and fuct—Nos, 97, "Sen; py at, 214, 420, 278, 270, 173, 176, B87, 4, a, by, 17 1, 409, ata 0, 1S. me} Suraxmz Covet—cincvuir—Part 1— Westbrook.—Short causes—Nos, * . a . * * 2 2845, 2047, 2079, 2592, 1397, 2005, 2007, ie $161; 8216, 8211, 3067, 2561, 2815, 313% j= casinals on Hel uy Judge Van Vorst.—Short causes—Nos. 1756, | Same to same, &. 6 of Gist st.. 6. av. 2554, 064, 2078, 2600, 2108. 2000, 2060, Samo to samo, &. & of Olat st..¢. ay. 2832, 2000, 2742, 1730, 1100, 4182, ‘8162, 8238, 4210, | Same to same, & & of Glat at.,.¢, of Ye 2840, 3116, 2728, 823%, Part 3— Hel Some to shuns, & 6 S18 S., 9. of BS remore.—Short cnuses—Nos, 2830, 31 Seats Gecces ¥ Sua wits te hteabesn | 12S, S124, 16134, 2807, 277: 2760, 2187, 2807, | TORR Seen: Sees. B1LL, 2873, 3225, , 147, 3129, 2611, 3113, 2000. yee, ieee and husband, io Scrguor CovuT—Sravia, Teru—Heid by Judgo reeks. a ot; trast on—No. 41. No day caiendar, b; aoe seo, S180, 2159, ‘sone s0ea; does, Ste 703, 221, 2166, 1457, 2208, 1764, 2183, 2210, 2200, py Tyna bv Judge Speir.—No duy! calendar, PLeas—IRIAL Tenx—Part 1—Hela by Jud Common Robinson —Nox, 706, 16us, 2112, 1680. 1967. AL 1638, 2072, 1350, 1775, Part eld. by Judie Vas Brunt. —Now, 2141, 2067, 1407) 2192, ‘2186, 2786, 2208, 2478, 1982, 470. Part 3-H Judge J. ¥. Daly.— Now 2918, wan, 26a, 2613, \ 2007, 2207, 1000, Comox ary Ti Heid by Judge Van Hoesen. —Case on—No. 24. calendar. Marixe Cocet—TIniat TEI Justice Shea. —Nos. 7074, 41; 4009, 4877, 7139, 2375, 7719, 7 ‘by Judge Sheridan, —Nos. 4246, 4281, 6634, 9480, ‘7827, 67 4195, S041, 7621,) 1 4048, 4001, 64) } { the: discharged, $4, lot, ft. cr toB Dt (23d ward) at., & @. commer }00 i th ‘A, Voorseh ft. Broom 3 hy 0 fh Ly parks by | pi James N. Wi raid ward) ischer Uni xa of “4 i we. deo. Life insu Esse. ft. Broadway, Bolite: dy. o. Wood and joy. ts, | 58h od Jobason, Ww. Fi w., bas eine ii Judge 3159, u i eo Preeererters 325238, PERREREE EEE Ricecaces r} HEE Prprrrpertess SezE82232 i = Fit 2E5F = ‘ter, bo “ ght . Robert To Darina G. Ofosby, at Cid ot, w. of ‘on. year. je++ 48,000 JUNE 16, 1876,—TRIPLE STEWART ESTATE Argument on Motion to Revoke the Probate of the Will. SURROGATE'S DECISION RESERVED. The first legal encounter between tho alleged heirs and next of k‘n of the late Alexander T. Stewart and the executrix and the executors of the will came off yesterday before Surrogate Calvin, It was ou a motion ow behalf of the contestants to have probate to the will revoked, and to allow them to come in and prove their claims to blood relationship to deceased and their claims on his large estate. The petitioner in the case, Thomas Bailey, 1s acitizen of Brooklyn, but joined with him in the contest are Mary Deans, Ann Jane Bailey, Augustus Turney, George W. Turney, Samuel Turney, James Turney, William H. Turney, Catherine E. Tur- ney and Lucretia M, Turney. There was hardly standing room in the court during the proceedings, the crowd remaining to the close not- withstanding the overpowering heat under which all sweltered, The opening of tho logal tournament was delayed by the calling of the calendar, The procoed- ings were generally confined to argument of counsel, and nothing was developed with regard to the claims of the contestants, Messrs. William 0, Bartlett, Elihu Root and William D. Booth appeared as counsel for James Bailey and his brothers and sisters, and‘ for the Turney family, on whose application tho order to show cause why the probate should not be vacate! was granted by the Sur- rogate, Ex-Judge Henry E, Davies, Henry 4. Anderson, William A. Beach and Henry L. Clinton appeared as counsel for Mrs, Stewart and Judge Hilton. TK PERSONAL ESTATE QUESTION, The case being called on, ex-Judge H. E, Davies ad- @ressing the Court, said he appeared for Cornelja M. Stewart, and asked that the petition, so far as the per- sonal estate of Mr. Stewart is concerned, be denied. ‘Tho will bas been proved and has beon probated. It is on Ole in this office, There 1s nothing in tho petition of James Bailey to show want of competency The fourth clause only goes to assert that the will has been made under undue influences, The statute allows one year for allegations to be fled for vacating the will, ‘The petitioner bas no right to chalienge on the per- sonal estate, und has no standing in court to revoke this will Judge Davies was about to speak on this point when Mr. Bartlett conceded that point of the case as a point of law on the part of the contestants. Judge Davies then asked for a separate order of do nial with regard to tho personal estate, and alter some argument the order was granted, but the Surrogate said that the siguing thereof should be postpoued until the close of the day, A motion was then made by counsel for the will that | the application be dismissed, on the ground that the | t will baving been proved as a will of real estate the Court had no authority to open the probate, coatendin, that the opponents to the will had not made a prim: fucie case upon their papers whereby tne probuto | should be opened; that under the act of 1870 no autnor- | ity was given to the Surrogate to set aside his cortill- | cate made upon the will admitting it to probate, Th potitioner only alleges that the execution of the wi was obtained by undue influence. The petitioner, | counsel maintained, could gain nothing, not one foot of | the property, it ever it suould happen that the probate should Le set aside, Mr, Keach said they should insist that the Court had | no jurisdiction to set aside the probate as one of real estate, aud that counsel should procced with the argu. ment, ‘The Surrogate observed that before he should decido upon so important a question he must have time to consider the matter. Counsel then proceeded to read the papers in the case—the answors of Mra, Stewart, Judge Hiltou and | Mr. Libby, + . MRS, STEWART'S ANSWER. answer of Cornelia Stewart to the petition of James The said Corpeha M. Su rt avows that she oe naid Alexander 1. Stewart, deceased, in | city ot New York, on the 16th day of October, 1843, and | lived with him as his wile to the tine of his decease, 10:h of | April, 1876, and survived lim as his widow. ‘That the suld | Cornelia M. Stewart hax no knowledge or intormation sufti- eient to forma belief whether t aid petitioner or the | ‘other persons mentioned in the first clause of seid teany oc either of-them, are collateral retatives of blood, of. are heirs at law or next of kin of the sai axed; that tho said will and codieils were duly proved on the 13th day of April, IN7U; codicils wer duly admitted to he real u he said w probate by the said Surrog: sonal estate, und that letters testamentary were issued by tho'snid Surrogate to the perwus named in the said will asexeontrix and executor therovf, und that the said will and codicil were duly recorded, &¢.: plication for the vrovute of such will and codici proof thereof made publicly aud openly that the same were made privately yr secretly: great ubusasl haste: that respondent was always informe by the sald deceased br" he bad no tay dood xt of kin livin bate of vald will her long husband petitioner or o numed in the petition as his relatives asinany way reluted to bun by marriage, &e. en “aigued CORNELIA M. STEWART, THS JOINT AXAWER. Tho next paper read was the joint answor of Corno. lia M. Stewart, executrix, and Henry Hilton and Will- jam Libby, executors, in Which they aver that the said Cornelia M. Stewart was ‘ied to the said deceased, &c.; that upon informat ind belief they deny that the said petitioner, or any other persons méntioned in the first clause of said petition, or any or either of them, are collateral reiatives of tho tuil bleod, or are perrs-at-law or pext of kin of the said Alexander 1, Stewart, deceased. Respondents further aver that the the Surrogate on the 13th of April, 1876; that the said will and codicils were duly admitted | to probate by said Surrocate as a will | of real apd persoval — esiate, and — that | letters testamentary were duly iswucd by | said Surrogate to the persons vamed in said will being | these respondents ag executrix and executors thereof, | and who thereupon duly qualitied as such and entere upon the duties of their olftee, &c, That the applica- tion for probate of said will and codicils was made publicly aud openly, and they deny that the proots Uhereot were made privately or secretly, or in great | or unusual haste; that the said Alexander 1. Stewart atthe time of bis deh was extensively engaged in mercantile affairs und in the improvements of large amounts of Feal estate, and had a very large number of persons in his employment; that 1% was essential to save said business irom interruption and said estate from lous; that no cessation im the manage- | ment of its alfaira should take place, and in- | wsmuch as the Surrogate could not attend | to said probate on the following day the proofs thereof | were made on the evening of the funeral of the testa- | tor for the convenience of his widow, one of these | respondents; that these respondents have always been | intormed by sald Alexander f. Stewart that he had no | relative or next of ktu living, and they had never been | informed, of bad any ‘ntimation or suspicion, that the | said Alexander I. Stewart left him surviving any col- lateral relatives, hoirs at law or next of kin. They aver that the said papor writings, 80 admitted to pro- | bate, are the last will and testament of the said de- ceased, and deny tha: the same were executed, or were procured from the ‘aid Alexander 1. Stewart, by circumvention or that any influence undue or otherwise, was practised against or upon bim by Henry Hilton or any other person whomeoever; that since the issuauce of suid letters testamentary they have paid and discharged all | the specific legacics mentioned in said will and codicils | out of and from the personal estate of the saa Alexan- cer T. Stowart, decemod, und have received due and eflectual discharges irom said soveral legates of and from the same; MR MILTON'S ANSWER, In bis answer for hiwself Mr. Hilton sets forth that he kuewt for over twenty years prior to his death ; that bis (Stewart's) last will avd testament was | drawn by bim (Mr. Hilvop) under directions received from the deceased; that be was in the full vucor of his intellect and memory, and at the time of ieceiving euch direetious no ot Tsou ia than both were present. “I did not then,” comluned Mr. Hilton, “or at any time influence or attempt to in- fluence him in’ respect thereto, nor did | see or know of any other person doing so. Until after his death [ municated the contents of the will or codi- Cornelia M. Stewart, or to uny other person, For Met f Many years past I have frequently beard bim remark that be did not know of the exisi- ence of a single blood relative, and it bas been, over and again, coreg the same erred, published in the newspapers of this country an urope, When writin, Of hito, that he liad wig . XO KNOWN BLOOD RELATIVE LIVING, At the time of the death of Mr. Stewart I had, under his direction, general chargo of his affairs, pur- teularly those affecting bis individual property, and was uainted «with bis various contracts and engagements connected tuerowit! general terme these juvolved the construction ani completion of an addition to the Grand Union Hotel and ground and property at Saratoga Springs and tho refurnishing and retitting of several handred rooms in. the old Cans of the hovel. The expenditure ander this head wili, as I believe, exceed $350,000, the greater part of which has been aiready paid or incurred. These plans also involved tho © tion O1 water works, jus Works and raliway machine shops at Garden Ciy, og nd, and the laying of about ten miles of i und water pipes and the machinery connectea thero- with, The expenditure under this head paid or weurred will probably exceed 000, and may reach 000, ans iurther involved the | completion of the woman's Lome or hotel on Foueth | avenue, the cost of which, | believe, will exceed $350,000. In addition to ail these expenditures already made or entered upon there have been paid and dis- charged since April 10, 1876, engagements to whe amount of millions of dollars, besides paying and dis. chargin; Ma gy en, leit by his ia will of March 27, 11 Finally, 1 bave in my possession last will and testament, duly made and executed ac Dy on ded uetine this nero by the bp era s in his Iifetime, and bearing date im and by which, ante Weaving various legacl hye amount is eivem by bus wil of Marol 27, 187% he petition, | tull | day | willand the codicils thereto were duly proved belore | SHEET. j gives and devises his entire reriduary real and personal estate to his wile, the suid Cornelia M. Stewart, HENRY HILTON. Mr. Libbey, of the present firm of A. I. Stewart & Co., also made an affidavit, which was read by Mr, Ander- gon, It was substantially similar to those of Mrs Stewart and ex-Judge Hilton as regards Mr. Stewart's statements that he had no blood relatives, aud that the testator was mentally capable of making a will, that no undue intlaence had been practised, and that from the vature of tho business af A. Stewart & Co, it was necessary to bave the will adr ‘8 the forins of law would adinit, ARGUMENT OF Mit. CLINTON. Mr, Henry I. Chuton thea entered on his argument on bebulf of the widow and legatees, and againat jurisdiction of the Surrogate, claiming that the contest- ants would loge none of their rights by sustaining the tine ge of the will, pointing out also the utier impoxsi- wiity of undue influence baving been exercised upon the decewed in the+drawing up of bis will and his disposition of the property. He ar- gued that Judge Hilton could have bad Teason jor exercising undue iniluence, as he wus not beneiited in auy way by the real esta which was ail devised to the widow, and that Mr. Hi ton could not possibly use any undue influcnue to pro: vent the testator from leaving property to relatives of whose existence he knew. nothing, With the papers before the Court, he believed that the petition should be diamissed—tirst, on the ground that the Court hus ‘no jurisdiction, and second, that as @ matter of discre- tion It Was a case that the Court should take no cog- nizance of. Mr. Ehhu B, Root, on behalf of the petitioners, argued (bat an heir-at-law and by the bi bad been a ved of his right as sech by an adjadication on a pafler purpo.ting to be A, T. Stewart's will and cod- ies; that such adjudication had been made in a pri- vate house on the evening of the day of Alexander T. Stewart's funeral, and without even informal notior of such @ proceeding; that the petitioner bad then had no opportunity to be heard in proof of bis rights. He as- sorted that no effort bad been made on the part of those concerned in the will to dnd it any heiré-at-law existed; that no citations were tssucd, The Surrogate said that evidence and proof were be- fore the Court that there were no heirs in existence, and that therelore to issue citations to ‘‘no persons in existenco’’ would be a work of supererogation. Mr. Root contended that heirs were in existence, ‘The Surrégate answered that such av averment has yot to be proved, and that it was pot correct to argue On the basis of an assertion which had not been proven to be a fuct, Mr, Root continued bis argument by claiming that the Surrogate bad not only jurisdiction under the law to revoke his decision, but it was his duty to revoke it when it is shown that the ex parte evidence beiore him was incorrect. The Surrogate said the probate remained in full force until the Anal determination of the case, and it vas fec- evsary on the part of the contestants to furnish their Pays of the allegations intended to set aside the pro- te. Mr. Root continued arguing that the application was not onthe matter of discretion, but as a demand for rights of which the petitioner had been deprived. The counsel then offered various authoritics to support his position, and as the decision of the Surrogate hud been given on.er parte ovidence, the petitioner @ mto court to ask that the decision be revoked and sot aside, The counsel theu argued that the gentiemen on the Other side Lad asserted that in view of the exigoncies of the case, the interests of the property being eudan- gored, 1t was necessary that tue will and codicils should be proved as soon as the law would allow, but that ‘was no reason why the papers should be admitted in defiance of law. ‘Tho petitioner, theretore, asked his rights, not the discrction of the Surrogate, CHARGE OF BLACKMAIL. Mr. Beach followed in a longtby argument in sup- port of the probate and against its revocation. In the course of the address be made allusion to the allega- | tion that the cage was got up for the purpose of bluck- mailing. Mr. Bartlett at once arose and said:—Thero ig noth- ing of compromive in this. I repudiate and disclaim the charge here, now and forever, The only compro- mise which will ever be made by me or with my ¢on- sent will be the decision that the will was invalid, Henry Hilton has not money enough to make «com: promise, with my consent, of this amount. I am re- tained for that and nothing else, and there shall be no compromise tind no conditions other than that. Mr, Beach said if counsel would yo with him he would prove to him that there had beon overtures for compromise and reiterated that the case was yot up for a compromise and to levy blackmatl. After argument of counsel the Surrogate took the pa- pers, reserving his decision, DESTRUCTIVE FIRES. The Brooklyn Fire Department in the Western Dis- trict was kept busy yesterday forenoon. Shorily alter seven o’clock a firo broke out in the De La Bustio Glass Works, on Delevan street, noar Van Brunt street, occasioned by a leak in an oil tank, from which the oi! communicated with the furnace, The spread of tho flames was so rapid that two workmon, who were in the boiler room, had scarcely tume to escape. When the engines arrived the fire enveloped the building, | The smoke was very dense and attracted attention to- ward that vicinity for a circuit of several miles around. The actual tows of A. de La Bustie is $30,000 on stock, tools und machinery. The loxs on the building, which was a two story and basement | gtructure, built of brick, covering an sroa of ground 180x100, 18 $25,000. Mr. A. de La Bustie ts insured in the following companies :—Paterson, of Paterson, N. J., | $2,500; Home, of Columbia, Ohio, $2,500; Now Hamp- | shire, of Maine, $2,500; Franklin, of Iudwnapolis, Ind., | $1,250; Manufacturers’, of Nowark, $1,260; ‘Lanca- | shire, of Munchester, Kogluud, $2,600; Rochester Ger- man, of Rochester, R trod Frankliv, of Philadelphia, $2,500; ‘Mina, of Hartford, Conn, $2,000. Total, 0, August Thiery & Co. are iusured in the Lancaster, | Pennsylvania, lor $2,500; Phaonix, of Brooklyn, $2,500; | Manhattan, of New York, $2,500; Clay, of Kemucky, $2,600. ‘Total, $10,0u0. BURNING OF WORKSHOPS, About ten minutes belore eleven o'clock yestorday morning the occupants of the houses and pedostriuns | inthe vicinity of the Fulton ferry, Brooklyn, were | startled by a loud report, caused by an explosion, and & moment later a volume of flame and smoke shot up from a building in the rear of Nos. 32 and 84 Water | street, The alarm was speedily given from the City Hail tower and the fire department was on the groand with its wonted promptitude, The structure in which the explosion occurred was of frame and Was used as a chemical manatuctory, by Messra, Robinson & Hubvle, building, involving u loss of $500, upon which there is no insurance. Au adjoining building, occupied by Abraham Lusice, as a machine shop, was burned, to- gether with its contents. Loss, $1,000; no insursnce. ‘A two story irate structure, oceapied as a bout build ing establishment, and owned by Messrs, Brewry & Hall, No. 34 Water street, was damaged to the extent of $1,000; vo msurance, The jute picking establidiment of Mr. Hardcastle, adjoining, was damaged by tirc to the amount of $1,000; no insurance, frame building sn the rear of Nos, s2and 34 Water Streot, was destroyed together with its machinery und stock, Lous, $3,000; not iueured. No. 34 Wator strect, occupied by Jobn Miller as a blackamith suop, was damuged to the extent of $800; not insured. Daring the fire Mr. Abrabam Inslee was struck by a jece of iron failing from a build: ad severely in- jured, being cut on the forehead. He was removed to his residence, No, 326 Park avenue, John Hickey, engincer in Insice’s machine shop, testified before Fire Marshal Ke: 2d Qn investigation in the oauso of th y noon, that the explosiun cuur the chémi works by an nitempt to strcnee’ in making turpen- th nd machine oi! out of rosin, He is positive that plosion and the tire origimated there. One tinea slightly injured by the explosion, A new patent motor bar, the property of H. C. Buil, was damaged by fire to the extent of $200. The buiidings destroyed were owned by D. 8. Draper; of Groat Barrington, FIRE ON STATEN ISLAND, A fire broke out on Thursday morning in a one story frame house on Lafayette avenue, Castleton, owned and occupied by Mr. Cornelius Farley. Tho building was entirely destroyed, and the flames communicated with & two story iraine house, also owned by Mr. Farley, and occupied by Cornelius Bi ingham and Christopher Taylor, which was alvo toyed, The two buildings were valued at $3,200; insured for $1,000 cach in the Ama Taylor's loss on furniture was $200; po insur. ance, Farloy’s joss on furniture was slight; insured for INCENDIARV FIRE. An incendiary fire was started on Wednesday morn. Jog in the large chomical works at Rossville, which were partly destroyed The building was of brick and owned and occupied by James Tully, It was valued at $20,000, and contained @ large umount of stock, which was saved. and insurance not ascertained. CHANGES AT SING SING PRISON. Another Ofty of the most objectionable convicts in Sing Sing Prisom were drafted from that institution and doapatehed to Clinton Prison on Wednesday oven- ing. Among them was a mulatto of huge proportions, known fn the prison as “Big Josh.’’ and who on the day samed savagely assaulted the foreman of the sad- dijo shop, and was about to finish him with a bar of iron when one of the keepers came to the rescue of the prov- trate man. in view of ihe recent daring escapes, un lovo- motives and otherwise, as well as the probabie ap 4 precaution adopted ouly in ox- and it may iu vhs juatance be in part ac- fa change in the office of principal kecper—the oficial who by bad over twelve yours’ experience the prison baying been removed, and & tnan from Chintou appointed in , With cilizeny’ clothes on, sted to probate as soun | The flames spread with great rapidity, destroying tho | The curpet lining’ factory of M. Bailey & Sons, a { Inanaged ¢ Vigilanee of the ia and make his way outside of rison grounds while attempt. | img to exeape on jnvsday. Tue man, who was epecaily missed, was pursued Bed 'goe very tar 0a soevees ALLEGED SNEAK THIEF ARREST&D. Officer May of the Fightoonth preetnet brought to the Central Office yesterday William Harris, coarged with sneak robbery. pictury was tkeu lor ibe Kugue’s iberty, id captured beiore he | i THE GREAT POLICE OUTRAGE. TRIAL OF OFFICKR BINGLER YFSTERDAY—EVI- DENCE GIVEN BEYORE THE POLICE COMMTS- SIONKRA, The trial of Officer Frederick Ringler, of the Fourth previnet, who on the might of the 3d just. so bratelly clubbed Mrs. Catharine O’ Donnel!, of No, 434 Pearl street, her son Hugh and her daughter Sarah, aud also Michue, Lawler, am attaché of the Sheriff's office, came up be- fore the Bourd of Police Conmimstonera yesterday. ‘The facts im the cage were publisbed in the Hanato at the time of its occurrence, and created no little public comment, Rimgler is now under $1,500 bail to awa the action of the Grand vury. Auticipating that by the time of Kingler’s trial in the Court o: Generai Ses- sions the wounds of the ipjured partics would be healed up their counsel had their pictures taken, jhowing the extent and character of their tnjurics. These photographs will Ve used ag evidence ayaiy: Ringler tu his trial at the Criminal Court. At the Ce tral Office yesterday the injured persons came !nto the court room, accompanied by Counsellor Cowan. Rin; ler was defended by Captain Willams. The tirst witness examined was Mra O'Donnell, who testified that on the night in questidn she was iu a grocery store peur her dwelling varchaging some ilk, when she beard a noise, and on goug into the Street gaw ber sou lying prostrate on the sidewalk, and Ringler standing over him with uplifted clay; she said “Don’t hit him, bo is dying now; Ringler picked her son up and dragged him toward the station; while in Oak strect Ringler again struck ber son, who fs im the last stages of consumption; she put up her arn to save him and was struck acrosa the band; Ringicr then struck ber three times on the head, telling her senseless to the ground; she was carried into the station house, had her wounds dressed by a physician, and was then locked up all nighton acbarge of dis- orderty conduct. ve O'Donnell, aged 17, was next called, and testi. fied that while standing outside his door with » couple of other boys Ringler came up and vaid, “Get away from here; he answered, “I live here;” bei crippled he could mot move uway very tn and Ringler struck bin with his club, knoekii him down and nearly precip:taung bit Into a deep cellar; he ‘then said, “1 wunt you to arrest ine af [ have done anything, but don’t club me;”? Ringler then arrested bim. On the way to the station Ringior clubbed his mother, sister and Mr. Lawler. In this respect he corroborated the testimony of his mother in the fullest uegree. Mr. Lawler, ou being called, ¢estified that hoaring « noise and seeing young U'Donnell in the custody of Ringler, asa deputy Sheri! ho volunteered hig services to assist Ringler, apd the latcor surrendered the boy into his custogy; when Ringler clubbed Mra. O’Dom nell in front of the station Louse he said, “Stop tant dun’t club that woman; we cun take them inj’? Riuglet suddenly turned on him and struck bim on the nose, breaking it; Kingler was then about strking Mra, O’Dounell, who was lying bleeding aud senseless in the street, when Captain Williants rushed out of the stasion house saying, “Hold on there, Ringler, stop that club- bing;’? tho witness then carried Mra O'Donnell inte ‘the station house and Captain Williams told him te go to a surgeon’s and have his wounds drossed; he did go, and 00 the Jollowimg day mado a charge agunst Ringlet before Justice Murray at tue Tombs, Sarah O'Donnell, aged fifteen, corroborated the testimony given by her mother, brother aud Mr. Law. Jer, She siaed that Ringler struck on the fore head, cansiug a lump as large as u bon’s egg. Mrs, Hart and Mrs. King, ladies residing im Myrtle avenue, Brookiyn, Mr. Joseph Morris aud Mr. Jumet Lambert testified that they tad witnessed the assaull and devounced the couduct of the officer as brutal and inhuman in the extreme, Mr. Morris told Commis siover Smith that had he beea near enough he would have knocked the offleer down. b: Novo of these witnesses were impeached or their testimony shaken io the slightest degree. At the re- quest of her counsel Mrs. O'Donnell exhibited ber wound to Commissioner Smith ‘The exhibition gained fur her ths sympathy of every ono in cours The wound is fuily turce inches long by two broad, and Dy. L. D. Sproul stated thut but for prompt -attention paid to it erysipelas would have set in with a fatal result, Mr. Lawler ia distyured tor life, Olicer Ringler utiempted to prove that he was attacked by a crowd which lollowed nim to the jon and that be used his clab i: self-defence, but on cross examioation this Was not established, ‘Tho case was referred to the tull soard, CAPTAIN WILLIAMS AGAIN. HIS ARBITRARY ARREST OF A POOR OYSTER. MAN—A SCENE IN THE TOMBS COURT. For the past eleven years John Coffee, an old Irish. man, ving at 123 Roosevelt street, has kept a lute wooden shanty, in which he sells oysters, in the square at Roosevelt and South streets, Beiore he put up the shanty the centre of the sqaure used to be oce cupied by old boats and chain cablea. Coffee has a wile and large family to maintain, and bis only means of support was the business he carried on In-the shanty, ‘His obliging disposition made him a favorite with*the South street merchants, to whose porters and trucks men be furnished dinner, A month ago Oaptain Alexander 8, Williams, of the Fourth precinct, con. ceived the idea of ousting poor old Coffee, He asked Coffee it he had a permit, and on being answered in the negative told the old man thut if hd did not close up his stand he would arrest him, ‘The case was brought to the attention of wome influen- tial geutlemen, who bad a resolution passed by the Board of Aluermen giving Coffee permission to have his stand in the aquare, Ou Wednesday Me, Coffee ro- opened hbix stand, and was arrested by Captain Will- jams. He explained that he bad a permit from the Board of Alderman, but Captain Williams would not listen to him, and locked him up. When Me. Coflee was brought belore Justice Wandell, yesterday morn- ing, he produced his permit. Captain Williams asserted it was atorgery, A certificate from Mr, Tuomey, Clerk of the Bourd of Aldermen, Vouching for ita geuuine- bess, was then produced, and thrs was also branded aa atorgery by Captain Williams Judge Wandell, how. ever, kuew Mr, Tuomey’s writing, and sald, “It is geo- ulne. I cannot go behind the action of the Mayor and Board of Aldermen. I dismiss the complaint.” Captam Williams said :—**1 don’t care a straw about the Mayor and Aldermen. 1l now charge him with a violation of the health code, His place is a public nuisance,” Justice Wandell said ;—*I cannot entertain any such complaint. It the Health Board takes any action in the matter they can doso, My good man, you are dis- ebarged.’”” Captain Williams, who could scarcely control bis temper, said, “All right; all right, sir.” Aw he left the court he ordered Mr. Coffee's rearrest in the event of tho latter reopeniag his litle place of business. DISINFECTING EXPERIMENTS. Experiments were made yesterday on Blackwell's Island with a new disinfectant called the Girondin, + party, consisting of Commissioners Brounan and Cox, Mr. Kemeys, Dr. James R. Wood, Dr, Austin Flint, Jr., Dr. Janeway, Dr. Brehes, Tombs physician; Dr, D, H. Kitchen, Dr. G, W. Van Loon, Dr. Silver, Dr, Isbam, Dr, Moreau Morris, reptéesentatives uf tho moi ning pews papers and other gentiemen assembled in the Charity Hospital, Alter a short oxplanation of the qualities o the disinfectant by Mr. James Meyer, Jr., the party was brought to an empty ward of the third story, This ward had been fille with suipburetted hydrogen yas. The escorted inaide to note the effect, and the el olfactors f retire. ng apparatu< order, and attor it had complctely sprinkled the roow with the disinfectant tho Investigating Commities wat asked to enter again. They walked sround the room, snuffed of the air, und expressed t! selves As per fectly vatisfled with the resultof the experiment, It was then proposed to put the invention to even a harder test. The body of aman who was drowned, and which had been 1m the water ten days, was laying fo the dead house on the east site of the Island, This body was forty-eight hours out of the water, and decomposition had set in. When tke — party reached the dead house the stench was posal, por ceptible, even on the outside, though the of the building wore ciosed. Several members of the party ventured tn, bat they retired in quick order. The dis- infectant was then ba oly a the room was thoroughly gy with it and the body cut open and a quantity of the fluid poured inw it. Within®en minutes all entered into the dead house with impunity abd found but avory slight ooor existing, The Girondin disin‘ectant i” a solution of metallia salte—namely, zine, copper, baryta and phenie acid, Mayor Wickhatn came up to witness the experiments, but arrived too late, He scemed satisfied, however, * with the experience of the othor gentiemen who bad jtnessed them. ' THE DOWDELL TRAGEDY, James Dowel, the Englishman who, ins fit of insane ity, oa the 26th al, murdored bis wife by striking hee with an axe, and afterward attempted to commis sui cide by cutting his throat, 1s reported the Bellevue Hoepital authorities to be Jopreyne, thereiore determined to hold an inquestand bes fixed the date for next Munday, A STOLEN WATOH. Wiliiain Coiling, of No. 75 Carmine strect, was ar- rested yesterday while attempting to pawn a gold watch that had been stoven. Subsequently the police arrested Michacl Gleeson, of No. 60 Vowtry street, who sald he obtained the wateh from a boy on Desvrosser street and gave it to Coiling to fi ta8 He was lucked up aa@ Coiling was discharged. watol was stoicn item @ man named Walker, and aed at $159. CARL SCHURZ'S BEREAVEMENT. ‘The remains of the wite 01 Carl Seburs, who recently’ died in this city, were taken to Germony for ti ou the Hambarg steamship Pa yenterday, re. Soburs wes ative of ee ‘will be buried there ans ” Pave i De