The New York Herald Newspaper, June 20, 1876, Page 11

iy ¢ . #¥ ~ stage line; baud N ? / ‘ey ‘ av \ he “Progress of the Legal Fights * the present company was organized; be did not know THE COURTS. Delving the Hidden Depths of mE Bleecker Street Railroad Grant. “A ORIMINAL'S LUCKY ESCAPE. Against Rapid Transit. JUDICIAL IMPECUNIOSITY AND ITS SAPEGUARDS. Institutions Not To Be Taxed. Religious Farther cvidence was taken yesterday, before Regtster Dayton, as referee, in the legal effort beng made by the old managers of the Bleecker Street Railroad Company to Fogain possession and control of the road aud its affairs and remove It from the hands of the present receiver. | ‘The crogs-examination of Jacob Sharp, which bad not * been cenciuded on Saturday !ast, was contunued by Mr. Algernon 8. Sullivan on behalf of the receiver. He estified, answer to the numerous questions put to | him, that he could give no reason why the bill to lease the Bleecker Street road was so drawn as to confer its powerson the directors of the Bleecker Street and Twenty-third Street roads instead of the bondholde! that time he had an interest of 100 shares in the Bleecker Btreet road and it was his own business what interest he had 1m the Twenty-third Street road; he did nut remom- ber it he was present at a meeting held in 1873 when he was appointed one of & committes to confor with directors of other city railroads on the question of leasing the Bleecker Street road to some one of | them; ho did not know the indebtedness of the Bleecker | Btreet road at tho timo of that resolution, nor did | he know the amount of its indebtedness outside its | Donded debt at the time he ceased to be its president; | At the time he was director of the road he did not know | from inspection of the books how the company’s | | | Gnancial affairs stood; he believed he was present ata | meeting of the Bleecker Strect directors in 1873 when a Tavorable report was received in relation to renting the antmproved franchises of the road to the Christopher | Btreet road, the terms being $25,000 cash down aud a yearly prent of $3,500, the terms of the lease to be Tinbuy. nine years; he did not remember if @ lease | majority of tho built before effect was agreed to then by directors; the Bleecker Street road w: What it cost, but he thought George Law did; from ait his experiouce in building city roads he could not then say how much it cost a mile to build the Bh Street road; he could igs the fact, however, that the road could not be built without money, and its numerous curves would increase the cost of con- struction; tho first owners stocked the road with about fourteen or fifteen cars and then the present company was formed; a part of the expense in fitting up was the horses, stages and harness of the Knickerbocker and Bleecker Street lines of stages, which they tock; both stago lines belonged to companies and he did not recol- lect what was paid to either one; ho did not remember If $165,000 in bonds of the Bleecker Street rond was the Amoant paid to the Knickerbocker company; both companies were puid in bonds; on reflection lie did pot Enow if there were any bonds; he had torgotten all about it; he believed the minutes were correct ip Mating that $45,000 was the consideration paid for the Bleecker Street (or Seventh Avenue) in both cases he thought he had good bargain, estimating the bonds at par; as Jo the value of the franchises of the Bioecker Street Ratiroaa Company, he believes them to be more valua- ble to the ‘wenty-third Street Company than to any one else; that company could run it at the rate of $50,000.a year loss than anybody elso, and would be abic to use a portion of it diferent {rom anybody else; as the Bleocker Street road ae by itself, he would not take it a gilt and pay the .nterest on the bonds; while a direcior he did not push the road to the Twen- a ace eed ferry, because the additional expense for ‘was more money than they had; the twe anand Street rond has already a depot—the prin- | sipal expense of the extension—and they could run she road without this additional expenso; it weuld be still more to the advantage of the ‘Twenty- -third Street line, in ruuning the Bieocker Street extension, if the former's depot was at the corner of Fourteenth street and Tenth avenue ead of where it now is— Bt the foot of Twenty-thifd streot; 1% would be more to the advantage of the Bleecker Sircet road to lease of the Twenty-third Street road than to be to tt, provided the Bieecker Street road had the money to accomplish that object; be had nothing to do with the leasing of the Gansevoort property from the city for thé Bleecker Street road; the lease was taken by the Hudson River Company and then obtained by | the Bleecker sireet Company; for the Bleecker Street * franchise there was paid 900 slares of stock and about H "€400,000 in bonds; it was given for all the road then | had, ineluding its cquipments; of these bonds he got j00 or 800i ars 1 eecker Street ‘siisusioge with a view to depreciate its stock so that the Twenty- third Street company might lease it; on tho cont ra 1 they were making every effort to raise mé y to buil the extension; he could give no explanation of the protection ‘account which appears in the books, other ihan that he got $500 of the amount to pay his expenses to Albany; he knew nothing about four notes of the | company made in April, 1873, ana indorsed by Cono. ‘ver, amounting in all to $24,000; the Twenty-third | Btreet road has paid a dividend ever since it ran, and | when the next dividend is due there will bo $50,000 on | hand to pay $24,000; the company does not owe a dol- lar of debt, the witness added, und its business is con- binually increasing. At this point the examination was adjourned to We next, ONE YEAR FOR A LIFE. George Knight was placed at tho bar of the Court of General Sessions, before Recorder Hackett, yesterday, for trial upou an indictment for murder, for baving taken tho life of Josoph Bennett, upon the 27th of | Jast April, at No. 265 Stanton street, by stabbing bim | in the neck with a knife. Assistant District Attorney Rassell prosecuted for the people, aud Mr, William F, Kintzing appeared for the prisoner, Mr, Ruseell, in pening the case, briefly recapitulated the facts, and catied Houry Vonbosburgh, au eyo witness of the oc- | currence, who testified that the deceased had been drinking, aad that words of an angry character | between the parties, when Bennett struck Knight on the chest with his fist, upon which Knight stooped | down and picked up a Kuite and made a thrust at Ben- | Bett’s eck. The next tuing witness saw was blood Bpurt from Bennett's n and im 4 few bours alter- ward he expired, The witness was rigidly cross- examined by Mr. Kintzing, but the cross-examination failed to shi testimony, Other witnesses cor- povorated the testimony of Vonbosburgh. Deputy Coroner Goldsmith testified that he made the pokt- mortem upon the body of the deveased and found the parotid artery severed. In his opmion death was the Pesult of internal hemorrhage, Mr. Kintzing, in opening the case of the prisoner, tlaimed that the act was dove in self-defense, the de- ashe insisted, having assaulted the prisoner, who, being apprehensive that it was the former's tu- *tention to do him great bodily injury, inflicted the in- | {, that caused death. Alexander Stanton testified to | avillg becn present, and that he saw Bennett strike the prisoner first, after which the prisoner madea borust at the deceased, when be discovered he was cut jn the heck, Hoe testified, also, that he saw bivod toming from the wound. A numoer of witnesses were tailed, who testified to the prisoner's excollent charac- ler for pag and quigtness, Both sides then sub- Bouck: ease to the jury, under the charge ot the jourt. The Recorder charged upon the law applicable to the ease, defining what would justily the teking of baman life, and siating tat while the law justified the taking of human life to save one’s own life, or whore there was danger of the iifliction of great personal injury, Mt did not justity where a blow was inflicted with the Baked hand to roiurn the blow by the use ola deadly Weapov, The jury, atter an hour's deliberation, re- Surned, acqaitting ef murder and ‘tonvicting Of man- Blaughier in the fourth degree. The Recorder then | Bentenced the prisoner to an imprisonment of one ear in the Stato Prison. The prisoner bowed to the | wet apd Jury im recognition oi the mercy that bad been showa to him, alter which he was handcuffed and taken back to the combs. THE ANTI-RAPID TRANSIT SUITS. An interesting stage was reached yesterday in the ‘ial of the suit of the Sixth Avenue Railroad Company wast the Gilbert Elevated road, resumed before tadge Sedgwick, in Superior Court, Special Term, The jaking of testimony for the defendants began. Rules H. Gilbert, the inventor ot the plan of the Gilbert Ele- vated Railway, wes the first witness called, Ho ex- Piained at length the naturo of the ok yaa ry Btated that the plan was matorially hiner aca bill incorporating the company was passed bi telatere. Considerablo objection, ho added, ies some o! the logislative committee to the atmos} the feasibility of which they doubted, ‘a y. ante that if he altered his plan to admit the use of 'y would approve it; he [Bs og eld repared the ibe preseat plan tor steam locomotives, and it only Tt as ttle fab ihe ae one in hav- jor sup) arches ead of upright Ww. ‘ Wallace, the Vice Prepident of the road, who lives in Tarrytown, was next exam- ned, In his cros#-examination the fact was di that he o' property in Tarrytown Poiry iy ton ested in raj rangit, . p' In the examination of Lawaon %. Falter, another wit- ‘the tact was also elicited that he was the owner of oatate in 155th street, and that tho fection of would enhance tho value of fis Property. | suit brought by Joseph @. Mills against Jay Gouid | tution of the Hoard of “Apportionment of ‘May 15, 187! | Teaucing the salaries of NEW YORE HERALD, TUESDAY, JUDICIAL OFFICERS’ SALARY. Judge McAdam, sitsing in Chambers of the Marine Court yesterday, rendered @ decision which will in- terest justices of the District courts in this city, and bawdy amccaripo yt courts as well, The case came belore hi motion to vacate an order ob- tained in supplementary proceedings by a creditor forbidding the Comptroller to pay the salary of one of the District Court justices until the Judgment on which the order was granted had been satisfied owt of the amount. The Fo held that District courts of the code were ted the al courts of the State and part of Judicial sys- tem ef the State. The salary of the justices of said courts, while in the hands of the disbursing officer as custodian of the public moneys, cowld neither bo attached upon mesne or final process nor under sup- plementary proceedings founded thereon, end the order made tn such proceedings in this case forbidding the Com| ler trom paying the salary of one of the justices was therefore set aside, TAXING RELIGIOUS INSTITUTIONS. A final decree in the Jong controversy between the Female Academy of the Sacred Heart ani the Com- missioner of Taxes, as to whether all the land occupied by the institution 1s exempt from taxation, the facts of which have been published in tho Hmnaxp, was filed yesterday in the County Clerk’s office and Judge Law- ence, in Supreme Court, who grants the decrce, decides that the taxes tu question are ralid and with: out the anthority of law and that the mstitution is titlod to a perpetual injanction restraining the sale ot its property for non Low bey 74 of such taxes. The taxes in suit amounted to about $42,000, being taxes for five yeare. This settles a question of great interest to In- stitutions of this class, against whom similar proceod- ings are now pending and will probably uperat estoppel on the continuance of such litigation, JAY GOULD SUITS. In the cage of Charles Reade against Albert Speyers, Jay Gould and others to recover the difference between ‘a currency check for $143,000 and $100,000 worth of gold, In transactions growing out of ‘Black Friday,” im which it was alleged that Spoyers was Gould's agent, Judge Robinson, of the Court of Common Pleas, yos- terday dismissed the complaint, Judge Sedgwick, in Suporior Court, Special Term, yesterday granted a mo- tion substituting Sewell & Pierce as counsel for plain- tif m the sart of Albert V. Richards va Jay Gould et al. It was claimed that Birdsall ana others, the former lawyers, are now doing business for Gould. In the there was a lengthy argument yesterday, before Judge Seagwick, on & demurrer to the complaint, which ended in the Judge taking the os the papers. SUMMARY ‘OF LA LAW CASES. Solomon Skinner, the dentist who got beat in his re- cent suit against Henry Ward Beecher, has got his eye teetn cat by this time. In the County Clork’s offico yesterday the judgment was filed, showing $150 costs and disbursements against Skinner, In the caso of the Metropolitan Life Insurance Com- pany vs. Lambert, who, being released here in the ac- tion, was immediately after arrested on criminal pro- cess from Buffalo and sent back there, yesterday his bail in the civil action commenced in this county by the insurance company went into the Supreme Court to justify, and, on motion of William Strauss, detend- ant’s counsel, there ronaea no opposition, Judge Dono- hne approved t James Sainor, in Faly fo is was trying to lead a horse and cart across the track of the New York Central and Hudson River Railroad, at the co: Laight streets, when he was run engine and bis shoulde: suit against the company for $5,000 damages, and the case came to trial yesterday before Judge Sanford, of the Superior Court. The defence 1s contributive negli- gence. Mr. E. P. Wilder appears for the plaintif’ and Mr. Frank Loomis for the ratiroad compaay. A test case of interest to special depositors in tho ‘Third Avenue Savings Bink, was yesterdsy brought to the attention of Judge Donobue, in Supreme Court, Chambers. A petition was submitted by R. H. Smith and Samuel Cohen for an order direeting ‘Samuel Hurd, receiver of the Third avenue Savings Bank, to pay over to the petitioners certain moneys which they claimed to have deposited in the bank about the time of its fail- ure asa special deposit. It ts claimed that the money is the exclugjve property of the petitioners and that the bank has no interest in the same. William H. Duff brought sutt azainst the Bank of New York and the Security Bank. Plaintiff! was a broker and drew a gold check on the Bank of Now York, who gave their check on the Security Bank for $3,300 gold. The check was drawn to plaintifl’s order and was indorsed correctly by some one who suc- cceded tn obtaining the money from the bank. —Plain- tiff claimed that the cheek was forged and sued to re- cover the money. Tho trial of the suit was had yester- day, before Judge Van Brunt, in the Court of Common etn resulted in a verdict tor $5,245 26 tor the aint : The United States Grand Jury will make their final report to Judge Benedict this morning, and the new criminal term, eNehich will probably be very short, will begin on Wednesday. The cases set down for trial are those of Alexander Strause, purloining registered let- beni John Smith, John H. Gill and Charlotte Thomp- passing counterfeit money, and Charles Moore, Seteuioes assault on the high seas. The parties in- dicted by the lact Grand Jury for alleged conrplicity in the crooked whiskey frauds, will come up to pload far- be March, 1873, Mathew Wortlige was arrested under ‘an order of arrest granted in a tion brought against him in the Marine Court by Marcus Fleischbauer. The defendant gave bat!, a8 required by the order of arrest Judgment was thereafter recovered against him, and an exccution issued aga’ his property was returned unsatisied, and an execution against his person was returned fendant not found.”’ One of the sureties of the defeudant died subsequent to the arrest, and ap action on the undertaking on arrest was commenced against tho surviving surety and the executrix of the deceased surety, The executrix surrendered the de- fendant to the custody of tne Sheriff. A writ of habeas corpus wi bo ranted by Judge Donohue, ofthe Coart, and the matter came uo for argument yesterday, when 1t was contended jor the prisoner that the execu- trix had no power in law to surrender him, as no ac- thon could be maintained against her, and tbat the sur- render of the prisoner more than teu days alter an ac- tion commencod on tho undertaking on arrest was improper. The Court discharged the prisoner. Messrs, Jacobs and Sink appeared Jor prisoner, and ex-Judge Joachimsen for surety. Mr. Algernon §. Sullivan has commenced suit against the city for $1,166 06, with interest {rom Janu- ary 1, 1872, being mount deducted from his sal- ary of $10,000 ig Assistant District Attorney from June 1 to December 31, 1871, in accordance with a reso- employéa of the sity an county of New York tweaty per cent for seven months, ‘ DECISIONS. SUPREME COURT.--CHAMTERS, Sy Judge Barrett. Leet vs. Tho Equitabio life Assurance Society. — Motion granted in part and denied in part without costs, ag indicsted on the margin of the notice of motion, | Hicks vs The Equitable Life Agsurance Soctety.— Motion granted in part and denicd in part without eosin, as indicated on the margin of the notice of motion. SUPERIOR COURT-—SPRCIAL TERM. By Judge Sedgwick, Riebards vs. Gould et al—Motion granted without costs. Memorandum. Frank et al. vs. The Ghemical National Bank. — Motion denied on the ground that the proposed anawer would not set up any detenco, $10 costs to the plain- tii 10 abide the event. Macpherson vs. Ronuer,—Motion denied, with $10 costs, Klein va. Wolfsohn.—In this case I would Hike to hear the views of connsel. Brunner vs, Branner.—Memorandum. Cunningham vs, Cunningham.—F.fty doliars atlow- ance for counsel fee apd expense in carrying on the action. Weil va Fischer et al.—Proposed case and exceptions sett Wood vs. Mulock. —Sudgment signed, Swith vs. Ryan; Kooepfel ho Kinga County Fire Insurance Company, aud Haructt et al, va. Gatvey,— Romittiurs filed, Lyneh va. Pyne, —Case ordered on ct Moore va. Gildersloeve —Ordere: lar. : Coben vs. Coggahell; Angier vs. Diners; La Rue vs. The Oceanre Steam Navigation Company; Wennciss vs, Rice et al., and Comeon ya, Scott. —Orders granted, MARINE COURT—CHAMBER@, By Judge McAdam. Remmoy va. Gedney; Kilpatrick vs. Saines.—Opin- fons filed. Hatch vs. Romaine.—Demurrer overruled as per in- dorsement on papers. Dreyiuss vs. Eclipse Baking foweer Company; Townsend va. Crow,—Motions = ‘rtrand,—See indorse- Coben ve, Moses; Pottt vs, ments on papers, Stafford va. Tyler; Bolles vs. Jordan.—Motions de- nied. Morehouso Oit Company Bartlett. —Motion granted, conditionally, McKinley vs. Seitz —Reterred to A. T. Ackert Cohen ys. Eichdacht. —D, B. Britton appointed re- ceiver. Jacobi vs, Roach,—County Clerk ordered to pay money®, Morris v8. Benson,—Jadgmont on frivolous Cohen va, Moses. —Order in proceedings for contempt filed, Kennedy vs. Waring; White vs. Hitchcock; Kelly vs. Neilson; Meyer vs. Lichtenstet nhormer va, Pfeifer; "Hayward ve, Nolan.—Motions granted, Schnip( vs. Williams.—Motion to vacate arrest granied. "Tavacx ve. NY fom as vottled, Judge Goopp. MeKture vs Liwie. Opinion, case sottled, Ne. m special calen- vs. COURT CALENDARS—THIB Par beer —Non 16, a8 in wiNen Wea Oo Oh Te Te oe Ot, 104. "204, 101 a Ba fe hens eran Carer Sheena Futaba on a Corat—Sreciat Judge havreaee_Demarign Sos, Ih 3 aud a ie Covst—trecurr—Frart pare hoe 1073, eee ee omg pram He = me Suremion Cie ye = 1—Reld 1924, 1183, 1118, ii. ti ie ing ‘2had, 1190. Pimas—Gurmmat amet Monday, Sune 26 1616, for the perposs of Tendering ban by Judgo 4. F. Daly.—Case on—No. 24. No “i Common Puaas—' 1—Hela by Robinson. —Nos. ” guia, i, on, 1350, 706, ae 1974, 1st, zeae, 2456, 1444, '2177, a Pan 3 Juige Yan Brest Nea. $44, to i406 2481, 2484, 2486, 2298, 11 si Veil, age, 2436, 2545, 2543, 2544. Part 3—I Noa 2542, 2307, 2125, 1 Daok, bat, ez a8 30 esac Couat--Triat Teas—Part 1—Hold Alker, in room No, 16, old City Hall. —Now 4200, 3877, 7139, 2375, 7798, 1919, 1914, 6198, Badd, SoM, 7861, 3546, 7368, Part 2—Held by Judge Sher: dan, in Supreme Court, General Term room —New bong 7757, 4114, 2597, 4240, 6575, @212, THOT, THe, THEO, 289, 4200, 4295, Part _—_ by Jodge Sinnott, a No. ‘27 Chambers street. — TAO, OMA GINS, 6761, ne S214, 7442, 3891, eons, 6659, OB16, T198, ORe 05 Count or GuNgRAL Sesstons—Part 1—lleld by Me corder Hackett,—The People ve. Henry Kagelman, Teceiving stolen goods; sume vs, Otte Hupiekd, re ceiving stolen goods; Same vs, ow Cammy, pet Jarceny ; Same va. ‘Goorgianna White, pewt larceny. Part 2—'Held vy Judge Gudersiceve, —the People va Peter McMann, feioniour sssaait and battery, Some we Alexander Simon, felonious assawit and battery; Meme — elonions assault apd battery felonious ys. William Murphy, Same vs Willam Brow: tery; San battery; Same vs, Robert Smnith, felonious agent battery; Same vs. Michael MeCann, tape; Saw Josep Kperteaa, burglary; Same vs’ Patrick Jordan and Thomas Lynch, Same vs Prederek Kinsley, burgiat es Connors and Hobert Lee, bifglary; Same vs. Frederick Musslep, grat Ier- ceny; Same va Mary MeManus, grand larceny, Same ys. Michael Mullen, grand larceny; Kame vs Lana Gans, recetving of stolen goods; Same va. Obaries Sata, abduction; Same vs. Archibald White, pett inreeny ; Same vs. George Connelly, yee larceny; Same va Fe tor Robetena, violnting Excise law, GENERAL SESSIONS—PART 1, Betore Recorder Hackett, PLEAS AND SENTENCES. Charles H. Leigh was arraigned at the bar charged with embezziément. The prisoner was a bookkreper with KE. Bates & Co, No, 406 Broadway. On the 2h of April he was detected in embezzling $800, and afver his arrest admitted having taken at different times sums amounting in all to $6,745. Ho Poms puiity and sentenced to four years in the State Prison, Edward Cassidy, ot No. 25 Lowis street, offered to see Joseph Iserhole home on the 8d inst., and while panning through Monroe street snatched bis watch and andod It to a confederate, leaded guilty and was ae to two years and months in tho State ison, GENERAL SESSIONS—PART 2& Before Judge Gildersleove, A YOUTHFUL OFFENDER. Michael Ferner, aged tourtoen, was piaced at the bar charged with having on the 30th of May presented a forged check for the sum of $30 to Albert Saltor, of No. 452 Third avenuo, knowing tho same to be forged, On the day in question the prisoner proceeded to Mr, BSalter's bakery establishment and handed him a letter, which Fepores to come from Mra, Julia A. Beach, of No. 309 Fifth avenue, asking that ber check for the amount named sbould be cashed, and also requesting the complainant to send her by ‘the messenger a dol- Jar’e worth of cakes, Mrs. Beach being a customer and the banks being closed on Decoration Day, Mr. Salter at once complied with the request, The forgery was discovered and tbe prisoner was arrested. It _appoated that his uncle ‘was employed by Mrs. Beach as a waitor, and that the prisoner frequently went to the house tor the purpose of obtaining clothes to be washed. He was tully idon- tified as the boy to whom the money was paid. In bis defence the boy denied all knowledge of the check, stating that he went to Williamsburg on the 30th o} May tosee a base ball match, The jury found him guilty and he was remanded for sentence, the improe- sion betng that his uncle,'who has since’ disappeared, was the author of the ry. ALLOWING A PRISONER TO ESCAPE. Michael McKenna, a kecper in‘the Penitentiary, was §ndicted for having, on the 9th of December last, al- lowed one Edward Malone, a prisoner intrusted to his eustody, to escape. Malone had been sentenced to three months’ imprisonment in the Penitentiary for an assault. On a writ of habeas corpus he was taken by McKenna to the Supreme Court, Chambers, before Judge Davis: Before returning to the Pentten- tiary McKenna allowed bis pr sner to goto his reat- dence in Morris street, where sume clean clothes were lone putting them on in an adjoming saloon, McKeona subsequently accompanied the oe oner to Sherry’s liquor store, noar Greenwich strcet. While the'tormer was absent for a few minutes Malone escaped and has not singe been captured. MoKenna city in the matter, stating that as the an old man and was about to get out e merely went with him to his bouse in to oblige sg by d that ho did not entertain the slij peed that he would escape. Thejcase has not con- elu CHANGING HIS MIND. John Bowdin was placed at the bar, charged with felonious assault, having attacked two sailors with o knife, The prisoner had proviously pleaded guilty, but when brought ap yesterday he denied having so ded, although his nm counsel, the prosecuting nd the record of the Court showed the contrary, It would seem that asthe witnesses against him had disappeared the prisoner thought he would change his i escape. He was sentenced to five years’ t inf the State Prison, COURT. OF APPEALS. Anant, June 19, 1876, No, 205. Traphagen va, Burke.—Argument resumed and concluded, No, 225, Wait vs. Ray.—arzoed by Geor; for appetiant, Isaac 3, Newtbn for repo No. 244, Coox vs. Allen —Argued by John 0. Strong for appellant, William H. Gurney for respondent. Ordered that this Court will take a recess (rom Tues. day, the 20th inat., until Monda: eS 18th day of September next, at the Capito! in the city of Albany, SUPREME COURT. Burva.o, N. Y., June 19, 1876, ‘The following ts the Supreme Cow 1 Term, aay calendar ior Tuesday, Jane 20:—Nos. 14, 24, 91, 120, 122, 18034, 175, 215, 218, 221. NON-SUIT GRANTED BY JUSTICE WESTBROOK. AuBasy, Jane 19, 1876, Im the case of the people against W. C. Stevens, Thomas Gale and others, Justice Westbrook rendered bis decision this afternoon granting the aon-sutt ked for upon two grounds: first, the action Is barred by a former judgment of the Si e Court rendered tm an action in which the sam Lifls were parties: second, the officers of the State and the Legislature thereof having, with fall knowlege of the alleged un- lawtul combination by which the price fixed in the contract was secured, ordered and requirod the per- formance therool, the Stato is in no sivaation to re- cover damages by acts whieh itself, through its oficers and ean directed and required. INTERESTING, ING, INSURANCE CASE. Judge Gilbert, ia the Supreme Court of Kings county, rendered a decision yesterday in the action drought by Edward M. Jowell, © stockholder tn tne Craitemon’s Life Insurance Company, to compel Edward A. Lambert, President of said company, and the Hope Insurance companies, to and Now Jersey Mutual Li make an accounting for 4 raitsmen's company. the At wat alleged by the plai Uff that in 1872 there was r of tho Crattsmen’s company becoming insolve: & contract was made with the Lope Life Insurance Company transferring the greater part of the assets and business of the Craftsmen’ company. The Hope subsequently transterred ite business to the New Jersey Mutual Com- pany management. Mr. Lambert received, by agree- boas $9,400 from the Hoye, which was kept back out ot the 48 of the Craftemen's paid over to the Hope. MT asked that the Jatter amount and the som Hope by the Craitemen’s, $140,727 i ar paid Cae d distributed according to law. Judge mm is that the Crafismen'’s company ned its powers in making tho transfor of assets to Hope Life lnsarance Company, and the transfer of the latter company to the New Jorsey Life Insurance Maloy was also illegal for the same reason, The asse1 he Hxecutive Committee of the Craftsmen’s coi pis 10 the transaction between Lami the Hope company relieves the former from tation of actual fraud. Still, that transaction part of or rather was subsidiary to the illegal transfer from the Crafismen’s company to the Hope company, and was therefore illegal. There must bea decree doclar- ing the several tri egal and void, and ordering es New Jersey company to retransfer and dchyer to Saget ail the = i pore or bods eng this ac- within Nhiny days, the sum of 1 WBideo and interent JUNE 20. 1876.—TRIPLE SHEET. REAL ESTATE. The following sales composed the business at the Exchange yesterday — William Kennelly sold, in foreclosure, a four story Drick tenement house, with Jot 2294.9, on north side Of Thirty eighth street, 825 fect east of Second avenue, for $6,700, to Joseph Wert, B.A Lawrence & Co. sold, in forectosare, a boure, ‘With let 2094.9, on Herth ade of Thirty.mxth sfreet, ‘TS feet east of Keventh avenue, for $10,050.10 the Also, im partition, & house, with lot about I Ws02, oe worth side of Ninety-chird street, 400 feet | FFM com, fot $3,009, to the plantiA. Tt Meyer setd, iu lureriosare, 8 marhie {rout ediier woh plot about 60x 105, third ateeet, 105 feet east of Reventh aren: 008, to the Metropolitan Savings tenk, the atonnt for which thin chureh (Baptist) fold Wax just quel to the mortgage on it There A 8 deGreney of shout $4,000, PeGees, Shick wl pretewly be made op by the members of the cherch If thee dene the property Mt WA Ferunteyed ve rhe members wy the plarnutte fale was made to effet peace among the members, whe have been Reopng alive disenrd amons theay Srives for whont Oro yoaes ‘The cherch bar hed somewhet of an interesting at Dietery. fh te exeetiy the same edifice whieh once eed He Caer square, where Tfteng'® je! new weeds Pr (hapin wan then ite ehareh wae remered tome, by Sone, and re-crected where tow fan ar oni v0) Traderter now 7 Pieh oe, cote: Whom won Irrecuter 20 4 ITs00 my 110 ~ \gsitres Hon tamee te ame, 6 ot pine Jecephine and ie sband, “oe corner of Why Mary &.. to Thomas 4 Welles. @ 6 Allen: # Sear Vedding Methinite Kpteoanal coareh te Mutwal bile hot bey at, wl Bt es pene, Kaltehe, #4 and wife, te B. Diack, « @ corner of ih ae wel Std ae Bree et Lawler, Tarneris. © corner Wits a om TOMPKINS SQUARE. ‘The resolution of Alice rman Jone Retity, directing the Park Commissioners to proceed with the improve. ments of Tompkins square, by day's work, was called up yesterday in the Board, and as it required seventeen votes to pars it there wos pot a suficient member pres ent to accomplish that object, Mr, Reilly moved « reconsideration, and the resolution will come 8p agai At a subsequent moeting. The republicans, Messrs. Mpmy Voted againat the resolution on t tract has slready been awarded, A week ago lant Friday, aod that as this Intended to give the work out by day's work. the con- tractor will have a valid claim agsinet thectty. er. Reiliy, on the woaneney, — k. is Comtract re 4 covers curbing and g tm which will have nothing ‘0 odo with the interior bow 1m the Park. Vomptrolier Green was seen after the adjournment of the Board of Aldermen, and be sustains the por tion taken by members that the contract with Roberts only covers $1,600 for curb and gutter work in the squaro. LIGHTING THR PIERS. Alderman Morris yesterday introduced a resolution providing for the lighting of the piers on the river fronts, in compliance with the reqnest of the Dork De- rimont, Attho request of the introducer the reso- Tation ‘was lata over. FURNITUR At DEGRAAY COG HES Nea Ly Mey itech: 154 West ane st. ete ‘This ext amber and Dining Row Pecpnare, 050 4 way, son's Pia fee. Cali ai private AT SAGRIFICR, . $150, Steinway. SELL. for 8300, . SH, Chamber pound hair Mattresses, hy Basen, Paintings, lironses THEY “PAYMENTS akan od Bedding at BLM. COW. nd 157 Chatham st. An “BARGAIN FOR © Suit in satin coselin Tep and haircioth trom from $50 t i pureiani Broadway. 10N ROOM ets, Mirrors, Pianos, Wardrobes, Parlor bee me Bedroom Nets, ae private sale at anction TON ROOMS, NO. 29 BAST 19TH ST, W £ rge lot Purnitare. new and seco: tory low: one Parlor Bait, $100; ‘cout $300, Call, [VATE SALE. AUG: [ON PRICKA — Largo assorsment ‘owners. want moneys backed cheap, MB PAVOIG Auction Moen, ah [POR 3ALh SHEAR TO WALNUT BEDSTRADS, two nico Cooking Stove, Carpets and several wiht, ania THoaschold Furniture, Apply, from 10 A, M. to SL Laat 20th at G ‘00D SEGOND HAND AND Brussels, jrveraly and ingrain iw cheap, at th place, 112 Haltes Fe. rice llat sont 4. BENUALL. te, perma Accom a¢ ATION. jonable Furniture, © se Upbol every, ae. reboot prices. at GHORGE A. ULAKKE'S, 147 Broadway County houses and Freneh fats furnisbed om liberal terms. ——MISCHLLANKOUS. ej PUCADELP SEL BABI EETOR. a, ratiae: CROSSB & BLACKWELI'9 Pare Pickiog In malt vinegar, Rich Saves for ts ment and come. Genwme Mustard |, Supertan init Vinegar, . Marmaladen, and orber tubte aeitoucle Hall, where Inspection 1 ers ih first clase yroc very genuine article Ix labelled UkOSSi, LACK BLL, _Purveyors to the Queen, Seho square, London. in the city, Iba. and npw Fi Palton st., between atthe WELLS TF Hn Charen and A® (ERIGAN BYASDARD BE Ala FABLE: Seveod band Tabies, large stock at reduced prices. . 40 Venoy at. 7D TABLE, GOOD AS ’ ELAN'S, 36 Kast Mith at OLLENDER'S STANDARD AMERICAN Billiard Tables, with the celebrated Phelan & Cotlends 74 Broud- Co combination enshions, ttn salo in this city only ways [WO BEVEL 44,x¥, in pertect orde at pimno ware 219 a: wa Lat NORGE WAREHOUSE, “S43 Furniture, Plano Trunks, dc. in sep- Pt AKLES I, BOUDE, Proprietor, AGEs sve W Ni : for safe ieee miot yooes of every kind: lowest rates, 146510 107 | West aid st. ; one door west of fith av. TORAGE, FOR FURNITURE, TIANOR, BAGGAGE, separate rooms; lowest rates: convenience j MICHALES | & BON, =e Owners ‘st., near Bleecker. HY. Seana ee uaa mena fON'AV- a ‘Al y LEXINGTON AV.— - | Miicios omc moals rons ont out. interest and ex- | new | aan | wre | ALES AT AUCTION. Avery: or ry Parlor Suits, contre and console Of Paintin, c WN, FR, AVOTIONE, jz t Neonates siwtoaiacay. at Th ekiaibs Hxeuanen Saleeroot 111 Broadway aril Fe 2 nm em, ‘aices, Biades witt be inetnded in the sale. jo Brondway insit depot. Maps i. 4 ‘Pine and’ 5 Baxt 17th wt SPECI. / NOW (ON erRirmiTiOs, at the art emporium AT and 40 Llverty. st tinge, Ubickering upright 78. ve Fuginway"s our round TY octave Pianoforte, f Ari Denk. CONNISTING id and gilt Baduents, Washstands, single and doubt feather rit. A nied AL® OF HOUSEMOL biaek walnut Parlor and Bedrooin Seti . enrled hair Matt velvet, 1s; Ulleloths, Kefrleerators, &c, FURNITURE, / / : On WEUNESDAY, nt 10 } 7 A gene | tery fine Froneh pl ee irrors, handsome rosewood aguare d aprie Pisnolorve, Bexement and Kitchen Farnte we, Ae | Q SRIGNERS SALE UNDE! RTUK OP ND ay to me made, I will soll at public . Auctionesr, on the premixes he elty of ime York, on the 24th INT, “et 10 o'clock, Paper Box’ Machinery, SAMUEL. 8 WEIL, Asstiznes. fm cemernl ans) NARD SMYTH, ACCTIONRER— } 11) Broadway, Foreclosure male seven fest el “tory brown stone Honses, southwest corner Madison ay. and th we V Ae OT GOLDS TRIN, AVE + panitively tm bute, 10K o'einck. 4) rerlant Halle entire Porn! fino restaurant and cvtave Plana, ane eaprese | vited, Perec bn WRin: “tice i B JOUN a x. NN, AvOTIONR A = the c= ‘241 Ad av. 1Ub 8Rid, itwre of w least ii honaeteeping.hetreoth ‘Rule, bh 4 mt oa Bekncel wy “yy Ubatrs, — Stoves, Saasn. arpets, Ae." Dealers invited. a, & B +. W. CAMPRRLL, JR, AUOTIONE! tists day, withow reserve. the ofd and 120 Greenwich st.. corner Morton, fee Lagann Store ee mie paeaken, “ Waar | a0N SHERIPP'S SALE, ELMOANT FURNITURE, _UraoiatEay aoopa, 4c, OPES DW e ehh SE By virtue of © enrtsin exeention, I will « fer sale at vendus, on Wednesday, June 21. at o'rtoek, at 7. * io Cublnes ana erie Far ware, TAM ©. CONN! ‘ineri®, Wiitsae Hawn, Depaty Notion. —We beg to eail p nas ante ~ WUaewAM, anes eee Asa tite dag, 10, onstont. i. sctae eeet aren, ae. A estar DAW NEROKEN'S Ce KALE Li] Re*-sse A AMES Aca, Aneti on foneer Autwees, stanton at, tng, Coats, Pants, several seia of IInemens. iy order day (Taeeday), June 0, ut! nx lor aud pine wood Floor AM ©. CONNER, Abertit, 1 Wi Tia” ADO,” ADCHONERE deice NO a Chambers a. Now Vork execution Pwill seit an this etoel ne and Histeres of the a Biore at 1 Atlantic Ct. weer Court og ae Cotter, sa Candinen, Donmers, “ar cue iudion Pigure, Bue bop Ugwanny Fg, 24 . a... Ta NEWSPAPERS. Oh RALR—A LONG RATARLIAHED New: Qe velopment. Addrens 13 box 4.007 ’ oe np FINK ARTS. ‘piiorocmarate, ¢ OHATON, Olt. Oe on Bgit Jap aireulan OG. i SUNKMON, 447 Broadway New Vere, sf CLOTHISe. 8p OLD ESTABLISHMENT. tthe Biches veree 4c. Call om or addrans ort ow tn . KNOWN HaVAR. averiey piace. nimoet ar 4th on Crothing, Carpets, Natiase nie ort AY. 4 wii at Gates tance ie rere ATR pasar, orn AY. reid Ger SecA ita os by realling ® m4 of addressing A’ a rE fauncy cy From 208 TH Ste te and gtatinmen itree te the Taghees pres irre Mr re onal Suits 36s fun er gecwed dour” At annus aa 17% 77H AYE ste eee j Aakah, ng may. . i Pe agg CHILD, cae a= apnea Ki tered tn aT | “Recie stolen mh 1ONREK— BRL" oa Jocns, Os me | AN, Sah Say hones, Guotiers, Locks, Sella Siittese oven, } ATM MINT2'S. 218 8D aN. NRAR ey! at. “pene ntlemen will be at erent ; ee | | WATCHES, JEWELRY. an. A177 LEECKeR 8, r. NEAR AY OMA advanced on Diam: ches, J sb ee ‘Tiekets Tonehh bt abe Ae 4 ~OPPosITE tit! ida, Watches, a omekk aod eold er cy RT 4. SOSseysse. CLERKS 7 AND ALES MIN. YOUNG FRENCUMAS. “SPEAKING oe wishes asituation as spondent bee reference. Apply to M. AUBINEAU Cad PRACTICAL BOOKKERPER OF priience, wants « ant; In experienced i books Investigated or ment tiowable reforences. )—WISH ES i SITUATION per, clerk oF othe tant; best city refer oy 4. 2\ young man, F., box 166) Hera THOROCGHLY EXPERIENCED BUSINESS MAN, whose firm has goac into bankruptey, is open for a8 engagement; position more important than Fm 7 the bichest testimonials as to ‘integrity, ability, &c, Address u. Went 20th at. ING MAN, THOROGHLY EXPERIENCED Im and ‘having moat satisfactory references ast emplovers, desires a jon in on Sete eee ras Pt Please address "ANI RMON ox N EXPERIENCED YOUNG | wishes a situation; ts a first class ticket ence given. Apply to T. L. COUR, 131 West 20th YOUNG MAN, AGKD 18, WISHES A Saree jesnie house ; is « good penman, quick and cée ‘andcan furnish first class reference #8 to iiity, Address D aaa Herald office. NCED AC D MANAGER Di position of trust: sped city reference | ler and © jeave on ei Herald offic rn ty oraid MAN IN , DEY GOODE Lrrlter re ¥ OR SOMBIE {ANTED—A sitUa im through the Sout or anlary; references given, \\/ ANTED—THREE YOUNG MEN TO LEARN BOOK. keeping from practical bookkeeper, evening; Brook. lyn, near City Hall; terms moderate. Address COLLING, erald oftice, TANTED—A 8 blank elrele of business: W., box 192 Herald ica. Vv ANTED—§ YOUNG MAN COMPETENT TO KEES ret of books, who will make himself useful; must live with his parents in, thin elty: Address, stating refote and yalary expected, A, box 175, Hi “ANTED—HY A COMPETENT MAN A POSITION AS buyer for an out of town notion and trimming house, 0x 178 Herald office. “SINGLE MAN WHO CAN TAKE ft axetot books and make himselt Cea’ | salnry expected. Addross X.Y, Z, box 1 (7 ANTED—AN EXPREIENOED CLERK AND BAB near city. Address, with reference, ANTED—MANAGER FO! underwear and gentiome! JOUN SHILLITO & CO., Cineli Xperience. D—A RAPID r, legible han LETTERS bow 123 Hered ¥V ANPED—A SPECIAL DISTRICT OR STATE AGENT in Ponnayivania for Ifo insurance company: Itberal terms to espns man, Address, ating former dasiness, s. erate Philadelphia Branch off COACHMEN AND - GARDEN cis. “YOUNG, “BINGLE GERWAN, WANTS A” SITUA Von In the country; understands horses and garden- Apply wt 5 Bayard st,, for three days. MAN, ONLY THRER WEEKS IN THM ¥, Wants n situation as groom or conchman; no abjection to travel, Addrens J. H. l., 12 East 45th at, HARRIED) WISHES A” SITUATION loner; understands bis business and is not afraid Mireas, tor two days, JOHN F, SCHALL, Tarry- RETAIL HOSIERY, Inenishing department nati, Ohio: Write them, PENMAN WHO WRITES A aniary $8 per week. Address 8. WANTED—AS | GARDENER | AND d make himaclf generally ure- ference from last place. Ad- SITUATION ATION AS UNDER make himself Addrons R GONWa‘ AN W and will aterence. 8 SITUATION WANTED—BY A derstands gardening; can milk: will ids city reference. Adaress COACH. TED—BY AN stent; willing . W., Herald Up- , SITUATI flchns single; thorouzhly and obliging, good reference, Address F. fown Braneb office. RESPECTS Gere ee aploret: AS COAGH- 8 COACHMAN-IN ALL for that omitlon; woven years with Tat einpl wont to Europe. Address © ih at. ACHMAN AND GROOM, BY A (SINGLE) YOUNG J man; understands the care and treatinant of horses, rene and garden; will make himaelf general useful years’ reference. Address F., box 226 Heral office. C's ACHMAN AND GROOM MARRIED); THO! hy waderetands b business: understands garden no object; best city reference dle le bri and obliging; turee years’ ref x 11s Herald office. —BY A SINGLE YOUNG mow lawns: willing to veu years’ first class refer. ae COACHMAN WAHES A SITUATION, or country; best reference, Apply at Oble’s mar | ket, Aad sith ny. VIFEK; MAN AS SITUATIONS Wasre ty woe willing to coachinan and plain garden Aentst at housework. Add TION Aa voacl MAN OR GARDENER OR farm work o:mach experience; well re 1 Xddrews box ai offs. WANTED-BY gardener orto take iTV, feon, | SUE ari ‘daails iD -A SITUATION, FOR A GERMAN (LONG Nive, bands wlte tools), ne conchman ané groom, dener or porter: Wile wife could. company him it wanted, ‘Address box 5,646 Pos office (Inst ompioger). ws NTHD—-AN EXPERIENCED COLORED CoacH. man for the cow 0 understandin > the care of horses: harness, carriaes and can tilly mu manentaituation, Address ©. L. H., box 10 ANTED =A AITUATIO five years in last place. Address 'G. G., Wont dah st, HELP WANTED—M:! YOUNG MAN reo. hae, LeARN “TELE: md stat " raphy soiiroad ations, hotels nent frevcnon rita at TRUCTION © iis APH LN. LS ENERGETIC CANVARSER ox SELL AN ANTIOUH Ph ot daily camsamption among the oe stores dowa #0! salary and comiujenion ; revere ¥ WONKY. Wornld office. apatite k ns have « Herald i UVOACHMAN; PROTES 208 eR OF SMART MEN WANTED, WITH A o in which they ean ANDING, 681 Broadway. MAN FoR Ore OUT-O-TOWN ~ BUAINESS, abont BY years of @ I recommended. Apply, after it ofelock, o witttisa’l * 5 Dey at., second feor, freuen, at O69 Growuwich st | SinmsT CLARK BARKEEPER—APPLY, WITT REF ATENT iapee: eMENT,” —MUNEY EASLU) "Tay J tens for CANTON TEA company, 168 Uhambersst.. how York \ ft ANY PK Hing our | wre Ae | om fp oer, Meatars, THOR F . - ahd FANTED—A BTKONG HOY A WiOLRRALE liq of business, wages, Bf 8 week: relerences re quired “Vas Warren sh, W ANTRD—& LIVE MAD Latter Copying To ead Rev adres ye ein nd stamp, IN EVERY GC Sper day se! a TOR —GOUD SON 8 ote a WANTS * pia ATION—I aeithe es moderate. JAMBS McLOUGHULL fe 7%. A YOese Ax. AGED 17, WHO HAS RECEIVED A fair education, wishes to leara EOC aS aan rivapply oor adress ha Mbow Pole : yy ey LOOK CUTTERS WANTED —u0Ww] LL & BOURK! BD wai paper factory, 24 and Rantoul sts, Philadel PRINTERS, —sITE ATION | WANTED BY A YouNG Iman &s presaman y understands: Crordon preven, con to. fret, class, work: yoy eer mm terate © Address THUMPRUS, box 180 Herald ne pin? wns rinet Clase Ww pe Salah HIRT OL a _epesiniaia a £