The New York Herald Newspaper, August 17, 1876, Page 13

THE COURTS. | The Metropolitan Hotel Bankruptcy. Karen Prospects of Another Dividend for the Creditors. MORE MATRIMONIAL MISERIES. A Pedler the Victim of a “Golden” Opportunity. | Judge Ward Hunt, Associate Justice of the United | Btates Supreme Court, yesterday, fied a decistou in tho Circuit Court for this district 1m the suit of John H. Platt, assignee in bankruptcy of Siweon Leland & | Co., against Alexandor T. Stewart The sait was | Drought to set aside conveyances of real estate and sbattel mortgages on the furniture of the Metropolitan Hotel, made by the Lelands to secure Mr, Stewart for arrears of renis, On the 24th of March 1871, a petition ip bankruptcy was presented by George F. Bellows, « Creditor, for an adjudication of bankruptey against | Leland & Ca, and the adjudication was made on the | Ast of April following, The Leiands kept the Metro- politan Hotel under a lease from Alexander T. Stewart At the time of the bankruptcy they were holding under a lease which was to expire on the Ist of May, | 1871, at an annual reptai of $79,186. The lease | provided for a first mortgage and jien on the furniture and chattels of the hotel for security for the rent, the hen and the mortgage to be renewed | yearly, ‘thirty days prior to Soin April, with ao | Additional trst hen on additional jurniture, On the first duy of July, 1870, the lessees failed to pay tho rent duo, and irom that time until the bankruptey | they wore ip arrears, On the 24th day of January, 171, two houses avd sots in Crosby and Jersey streets, in this city, don the 13th of ruary, Nos. 137 and | 138 Prince uveyed hy Charles Leland to | Alesande tewart. Onthedth of February, 1871, | the Thomas Farm, in Wesichester county, was con veyed by Filen Leland to Alexander 1. stewart, The arrears AL this Une were $61,001 and the | vanes } o&tate was $43,000 over and above th arrears lid'ty of these ‘conveyances and the | chatie: mortgage was impeached by the assignee, who | Ineisted that these pieces of property were conveyed by the bankrupts within four months preceding ‘th bunkruptoy, by an unlawful preterence on necount o a large indebtedness and in traud of the provisions of the Bankrupt oct The decision says that the questions to be determined are, were the Lelands in an solvent condition when the conveyances were taken, and if Mr, Stewart and brs agent, Mr. Hilton, had Teasonabie cause to beli them to be thus inse Dh. Mr. Siewartand Mr, Hilon testify that they had 1 doubt of the responsibility of the Lelands at this time Justice Hant says that it requires some confidence 10 Suppose that Mr. Stewart wis willing to take from a solvent debtor property be did not want, in payment of Q good debt and for the purpose of accommodating his » act debtor. Business mon w seldom suecced in making large fortunes. [tis difficult | to suppose that Mr, Hilton gave this advice, or that , stewart acceded to 4 AS to the solveucy of the Justice Hunt says thathe thinks that in | Pobr 1 e tirm was irretrievably | upon this principle | and that Mr. Stewart and Mr. Hilton | reasonable Cuuse io believe the L ds in | vent, as required by jaw, and that Mr, Stewart is | cable wita such knowledge. large number of exeeations and judgments f obtained against the Lelands, the Unite! States Mar- Bhai was directed to sell tue Botel iurniture at public nto avoid the injury which would result from the action of the conflicting claimants, The net pro- | ceeds of the kale were $26,867 which is now in | cout Mr, Stewart claimed this by virtae of bis chat. | tel mortgage aud the rerewal thereof. Miller and | Conger nud the other jadgment creditors claim it by Virtue of their execution levy. ‘The assignee claims that ail the liens and claims mentioned are invalid un- der the Baukrupt act, and that each of them is sus- pended and overridden by the titie of the assignee in 1871, a | bg been | banxruptey, With regard to the validity of the judg. | ments and executions the decision holds them to be valid; thet thoy were for just | debts and that the Judgments were obtained not only without the aid and concurrence of the debtors, but geverally in spite of their opposition. With regard to | the chattel mortgage the law on thts point is expiained at length, together with the form of the mortgage, and the decision holds that Mr. Stewart has no lien upon the proceeds of the sales of the furniture by reason of bis chattel mortgage, The further question remains of | tbe right of the assignee to maintain action. This Aciton is justified although the assignee docs not claim | by virtno of the judgments atd executions, but s | to avoid them, They do exi. hens, and are by law represented by the assignees, think.” says Justice Hunt, ‘they eustain the right as against the fraudu Again the assignees bas a standing upon the pomc of the real estate The decision may be summed up as fol- | ¢ of the real estate to the » mortgage made by S Stewart sn account of arrears of reut, was | youd under the Bankrupt act, and the assignee is en. Sitled to recover the value thereof, The chattyi mort- age, under which Mr, Stewart claimed lens on the | jurniture as security for rent, was void in law. Cor. tatu executions, levied on the furniture prior to the bankruptey, are under authority of a late case tn the United States Supreme Court vahd liens and entided to be paid, Tho residue of the fund i Court 18 to be paid to the assignee in bankruptcy, and the attorpey and counsellor of the assignee is eutitled to be paid costs of suit and connsel feos, D MacMahon for assignee, Henry Biewart’s executor. BREAKING THE BANDS, Ault brougut by Arthur Terry, in the Supreme Court of this State, to obtain a divorce from his wile, Hate E., presents some interesting features of do- mestic life and persistent efforts on the part of a dis ratisfied husband to break the bands of matrimony. | The case has come now before the Court tor the pur. pose of examining witnesses on the part of the defend- ant wiih aview of satisiying the Court as the Amount of plajnui’s property and what sum he should be competied to pay defendant for alimony and coun- ef action of the assignee mortcagees, In court Davies for A, T. to sei jen, From the papers in the case i appears that the parties were married in thi city in 1870, and that | atthe present tine she i about twenty-five age and be s.ct¢ years. He charges her in bis com. plaivt with the cominission of adultery ia Virginia, Washingion and New York — wit person named Rogers at various times, awers by aenying fuiely and | ebarges of adultery, and makes agaiust him of cruel d inhuman treatment On ths latter point she alleges that about two months after they had been married he began to all treat her, (or fome cause to ber utiert No. unknown, In y second street, in t April, 1870, city, he Por aber olf Ler chair on to the flocr. | At May, 1870, he seized ber by the throat and violently puslied her into ihe closet, leaving the | marks of bis fogers on ber throat, During the same month, while she was in bed, he vielently puted | her by the log, therapy greatly injuring her, and at | the samo time telling ler, ‘there, take that.’ At Rutland, Vi., in Juno, 1870, he violently caught bold ot ber by ber arms and vielenily planted ber in chair, thereby bruising her arms so that they remained | biack and bive for week During the nibs of | June, July and August, 1871, while they were | boarding together in Stamford, Conn., on several vc. | casions he vielently pinched her orms until they | were block and blue, in the month ot March, 1874, while in Mexico, he caught hoid of her and violently pushed her againyt the wail of their roora, bruis and rendering ver naible, Oa one oecasio: living together tn Stamford, Conn., he Jocked her out Of their room, and compelled her to pass several ni. with strangers, and when she tried to gain anen- | k g her hile trance he told her if she did not go away he would her down stairs, Iu April, 1871, be mniormed her that | he was goiug to Providence, K. '., to go into business, and for tbat purpose, as she supposed, they weat | there; but it turned ‘out that be wemt there uuder in- | structions irom a lnwyer that he could go there and | Commence proceedings for a divorce against her, anc get her to employ a lawyer there to defend her, whom | jain and his lawyer could contro! and, conmivance between them, « tes of divorce tould be obtained from the rourts. urther her aoswer th ¢ plaiatitl bas repeatedly told her and | ptr persons, long belore the pretended char ot | adultery could have vecurred, (hat he intended divorced from her, but aiways stared that it w for anything agaiust her charac of incompaubiiity of temper he stated in Urovitene doth were in Mexico . 1875, be told ber he was going “ her, and if he could not go so he would lock hee up in A convent and leave her (here. Abouy me time told her be was go ug into the imterior of the Ust go with NIM oF go back tothe States; with im he would give her six | nthe to live, but if she went back to the States he would send ber €40 a month to dr Wdiiveon, Being | afraid of her lite if she went into the ‘nierior she was compelied to come to the United sal divorce trom | r » arriving in this city sbout the Ist of April, 1875, and bas since re sided here, The plaraui continwed in businees tn Mexico, but has come to New York within the iast ' weeks, #nd she was about taking proceedings to com. | pel oO inerease her montily alowance when ho somnmenced the present action for divo White they were living togetuer tn Siamiord in Ustober, Ls plaintifl tried to get a yentieman living there, to And visit her in euch a way that i might be believed his attentions were improper; and olfered the sume to allow a divorce by person wouey connivance. Th furo Out to be for husband, to acquire ar apply for a divorce, Atter Stamiord, she says, siding there Mme required by law, he comimouced an fetion in the Suprome Court in that State, aking lor a | divorce on the ground of ineompatibitiy vf teaper and general unhappiness; but a tho sait was dismiased on tbe ground that no cree had been Made out Tho present suit ene believes to have been | | while Mr, | xoods out of the cellur, wh | $16,025 | Dr | the | shot on Tocsday | as commenced iv pursuance of a long cherished parpose Ou his part to get a divorce from Ler by some meaus, aud she believes It to be bis purpose Bow to accomplish this enu: by procuring false testimony against her. The ce endaut claims that plaintiff is worth $100,009, and that alsmouy amd counsei fee whould be allowed ber ip proporuonu, while plaintiff asserts bis wealth at the movest sum of $10,000 oF less, Among the testimony non this point on the part of (ne defendant is that former United States Consul to Mexico, who esth mates p charncver to the Gofendunt while eae was in Mexico. 3LES OF A JEWELRY PEDLER. trick Kenny was recently arresied with one James O'Conner, charged with the larceny of jewelry valued at $160 From the papers in the case it appears that Heury Wilmer, an itinerant jewelry broker, visited an east side lager beer saloon and thas he latd bis satchel, containing Jewelry, upon the counter. The prisoners, ny and his friend O'Connor, entered the saloon Wilmer was imbibing his Jager, and they niso drank beer and iminediately ieft the saloon, after their departure Mr. Wiimer mnissed his nd chased the prisoners, whom he bad ar- ‘They were held for trial Kenny’s counsel, Edmund &. Price, sued out @ writ of Babcas cor- pos in his bebalf, and yesterday bemg the return day of the writ urgament was iad betore Judge Donohue, iu Supreme Court, Chamb Mr. Price comiended that the evidence against Keuny was entirely insuf- ficient to warrané bis further detention, aud asked his discharge, Jodge Donohue concurred with coun sel, and discharged the prisoner. THE BONDED WAREHOUSE ROBBERY. William Westfall was brought before Judge Donohue, at Supreme Court, Chambers, yesteritay, in obedience to a writot habeas corpus Westtail was committed to | the Tombs by Police Justice Murray charged with hav- | Ing robbed the bonded warehouse No. 21 Marketiield street, upon the Sth inst, of $4,000 worth of goods, Subsequent to his arrest, upou being contronied with the carmon employed 10 remove the guods, he wa identified as one of tke men engaged in removing the wel, however, he denied, Upon the retarn to the writ Mtr, William F, Kintzing, counsel for the accused, asked that he be admitted to | bail in the sam of $2,000, and, Assistant District Attor- | ney Rollins consenting, it was so ordered The bal ‘aved from was promptly furnished and the accused re! imprisonment. SUMMARY OF LAW CASES. The pubic parade ground controversy still lingers tp the courts, The matter wae to have deen argued yos- terday, before Judge Donohue, but tor the convenience of counsel iL was adjourned until to-morrow, Theodore Mullally, Jr, a bank clerk, was adjudged by Judge Speir, of the Superior Court, yesterday, to be a lunatic, on the certificates of Drs, Price and Foster. Among the grounds of luvacy on which the Court jouna the Judgment Was “an sane delusion of eternal damnauion.” In March last H, B. Claflin & Co, obtained n judgment the superior Court against Henry J. Meyer tor 4s. On motion yesterday, there being no opposition, Judge Speir granted an order that the real property of Meyer be exempt from the lien of this 4 that the cierk enter the order on the gment docket, Th ed argument upon the haboas corpus granted i We case of Charles Chester Driggs and Mrs, S, arresied previous to the death of airs. Larue upon a charge of powouing her, Was postpuned trom day unl to-day, itis more than likcly that a in the accused parties have been exonerated irom tus grave charge at the Coroner's inquest, Judge Donohue, remarkable iot his terse decisions, excelied himself yesterday in lis decision upon the mowion recently argued belore him to discharge trom Ludiow Street Jail Dr, Ruius Wegner Fat, the letier writer medium, for reinsing to pay alimony as directed by the Court in’ the suit for divorce now pending him by his wife. The Judge laconicaily disposes case by writing on the papers the mdorsement, no reason jor Varying (he order alresdy mad plain English of which is that Dr. Flint must connane to sojourn in Ludlow Street Jail. He reserves his decision, however, upon some legal pointe raised in the Doctor's behalf by his connsel. SUPREME COURT—~CHAMBERS. By Judge Ponobue, Woolsey ve. Adsit, —Denied. The Metropolitan Medicine Company vs. De Grath and another and Bracham vs, Gituus.—Motion denied. Barney va Barney; ln the matter ot Ditmas, &c. ; Raymond vs Moller and Crooks vs. Otard (two ac- Hens). —Granted. Momorandum Flat vs. Flint, be Christop: and Tenth Street Railroad Company ihe ¢ Crosstown Railroad Company.—Order nied derying mouon, Surlivan vs. Fesdick.—Granted $250 allowance. - Worth vs. Warner.—Papers do not contain moving affidavits. COMMON, PLEAS—-SPECIAL TERM, By Judge J. F. Daly. Trask vs Folsom,—Decree settled, for counsel with clork. Garduer vs. Blodgett et al.—Findings gettled, MARINE COURT— CHAMBERS, By Judyo Sheridan. Abren vs. Taylor,—Atiachment vacated and party discharged on payment of tue Sherifl’s tees aud sub- mitting to #1 examination, Michalis v8. Cowan.—Motion granted, with $10 costs, Shook vs. Rau; German Exchange Rank vs. Gross; Browning Vs. Lauderback.—Bond approved, ishret vs. Hui; Maguire vs. Kensig; Trambridge va, Streeter; Vickers vs. Knapp; Kircher va. Kircher; Treeman ys. Loughran,—Orders granted, Memorandum The Orioutal Bank vs, Markert; Lynn’ vs, Palalas — Motions to overrwie demurrer and for judgment granted. anchester ve. Gavin,—Motion to amend summons and complaint dewied. Schwab vs. Donobue.—Motion denied. Grefl vs. Johnson. —Motion denied. Boston Traveller vs. Vandernera,—Motion to dismiss granted. couURT CALENDAR—THIS DAY. Scrrem® Court—Cramnrrs—Held Judge Dono- hue.—Nos. 84, 1¢ 248, 264, 270, 271, 2 Assessinent 97 elusive, 1 129 inclusive, calendar. — Nos. LiL, 112, 116, 118 t POLICE COURT NOTES, Michacl Quinn, bartender in a saloon at No, 352 Madison street, was committed in detault of $1,000 bail at the Essex Market Police Court yesterday, charged with shooting Willan Fitzpatrick, of No. 23 Scamwmel street, Mary Mields, aged thirty, of No, 12 Rose street, and Henry Fieids, weed forty-two, of the same residence, were held for trial by Justice Murray, in ihe 109, 110, | Tombs Police Court yesterday, on complaint of Mary Hughes, of No, 567 West Sixtieth street, who charges Both were committed in defauit of $500 15Uh mst. corge W. West and Jacob Van Vaiken- perg, the (defaulting ucket agents ot the Penn. sylvania Natlroad Company, was called up tor examina- tion tn the Tombs Police Court yesterday before Justice Murray, abd owing to tilnoas of counsel was adjourned. THE ‘TWENTY-SECOND WARD RIOT, At the Fitty-seventh Street Court yesterday Jobn Cody and his two sons, Patrick and James, were com- mitted to await the result of the injuries of James Ciif, ford, Hugh Fitzpatrick and John Harkins, who were by the prisoner Patrick, Patrick re- fused to to any statement, but when the Court characterized the shouting a8 cowardly and unpro- vo . be said, with spirit, that he was the iirst to bo knocked dowa, and, if he bad not done as he did their asnailaats would have killed hes brother, meaning the one not arrested. [he father, according to the Statenenis of all the Witnesses ta the shoot. was net present when Patrick — Cody the shots John O’Ponneli, one of the rs who took part agaist the od, When he remarked, betore going the lirst ghtand belore any Shot had been away, afte Hoab Fitzpatrick himsel!, and fired, that he could he told the sons to go in and beat the whoie gang. Next to Pairick Cody, the son not yet arrested is the most guilty, the ye st of the Couys having really done owing noite by bis presence she others to hould any of his victims die Paurick tho father as an accessory sand the son not yet arrested acts of vielen will be trie betore the fac 50 r Judge Kasi 2 the course of the examtnation, highly commended « Jetierson for the courage mnd bravery dis} a the arrest of Patriek Cody, and oxpressed bis intention of recommending to the Hohee Commissioners his promotion. JUSTICH MURRAY'S JUSTICE, Mr. John Wood, of No, 415 Greonwieh street, called at the He&aLD oMice yesterday and made the statement that om Tuesday night while returning through West street with his wife from Hobokpn, they were iollowed by aoveral negroes, one of whom’ named Thompson, jostied against him, stepped on Mrs, Wood's dress, ap plied disreputal mes to her, and some of them at lempted to take ber from her hus son arrested, and tercay Justice Murray negro aif with a fine of only $10, winch he paid, jet the HELD FOR SWINDLING. arrested was Arthur C. Hoxsler, charges ot on Tuesday on various ned before Justice Duffy y. atthe Wash Place Polico Court yesterday, Miss nley, of \N cond avenue, was beld tor auit of $2,000 bal, Aexander ioward was mmittes to the How vail 1 secure Lis atte: Lauge as a Witness, RUFFIANLY ASSAULT. Atthe Piny-s et Court yesterday Judge Kakmire commit trtal at the General Sessions Cortstinn Folks Hit wae Ae sapit wi A poor wo men, Hal ist avenue, inti * means at $91,000 and who gives a good | ni comple sion Will be given to bhe case, Low that | with robbing her of $15 in Vesey'street, on the | owever, (hat old Cody incited his sens | ad. Hobad Thomp- | eof Detention in default of $500 | THE STEAMSHIP COLON, WHAT THE PORT SBTEWAED AND OTHERS BAYES ‘TO SAY IN BEPLY TO THE CHARGES OF BEB PASSENGERS. There was nothing but hurry and bustle on board the Pacific Mail steamship Colon when a Hxranp re- porter visited her yesterday afternoon for tue purpose of lourning something from the company’s standpoint in regard to the complaints made by the passengers on her last trip, and which was published im yostorday’s issue of this paper. From conversations held with & bumber of employés of the vessel, it was learned that the primary cause of the troubles complained of is the want of harmony between the new management of the he and the old. It wus admitted that some of the items charged in the complaint were true, but most of stewnrd of the lime simce Mr. Clyde obtained control, is a veteran of twenty-five years’ experience dn bis busivess, and is generally acknowledged to be fully competent. He has the management of the stor- ing of all Mr. Ulyde’s vessels, including the Panama, Ilavana, Charleston, Galveston and St. Domingo lines. ‘The steward of the Colon was Mr. F. H. Boulton, who has also been inthe employ of Mr. Clyde for along time, and became known asa careful caterer on board the Crescent City {for a considerable period. The friends of Mr. Ramirez contend that had it not beon for his unfortunately jailing sick a tew days before the Cojon sailed from this port he would have personally soperintended the storing of the vessel and there would have been no cause for complaint. He claims that the four which was then on bourd the vessel was not good, and that he wrote an order to nave it ro- moved and good flour substituted. This was not done. ‘The vessel went to sea with the condemned fleur, and itis admitted on all sides that the bread was tn con- sequence vory, very bad on the crais+ out, and more especiilly on the trip back. Four rematning barrels of the flour were yesterday sont ashore, While the stew- ard admits the bad quality of the bread, he atierly denies that there was any lack of qnantity, no each thing ax an “allowance” peing known on the line, The complaint that the attend- Ance was insuflic ent was accounted for by the {act that three of the thirty-five men in the steward’s ser- vice were taken with the fever at Aspinwall and « fourth deserted fromm the ship. That the chamber attendants are also waiters at table was admitted, end it was claimed that such is the case on ail American vessels. That the so-called fresh meat wax lainted is most emphatically denied, the steward claiming (nnd Appealing to his books to show the trath of the state- | ment) that 1,120 pounds of tresh beet were bought at Aspinwall Before sailing, together with 225 pounds of pork, a number of live pigs and a quantity of vege- tables, ‘The port steward of the Iine, it ts claimed, ordered, before the verse! sailed trom this city, that 400 pounds of fish and a quantity of eggs should be placed iu her stores, He was, however, taken sick, as has \ been stated, just before she sailed, and was in'conso- ence unable to see his orders carried out. Mr, Boul- ton, who was trausferred from apotber vessel and Flaced on the Colon half an hour before she sailed, was, it is said, unable to find any of the fish ordered, and discovered that the eggs were rotten. In contradiction | of the charges that “one napkin was the allowance of each person tor the trip” and that “the tablecloths | had grown greasy aud black in the service,” the list of articles gent to the wash upon the return of the vessel | t© port, and said to have been soiled exclusively on she passage Irom Aspinwall hither, was shown, Froin that paper It appeared that 883 napkins bad been used and 88 tablecloths. These were used by about 200 saloon passengers, To the statement in the complaint that but two towels were furnisbed per day for the use of three persons, it was pointed out that 1,698 had been soiled on the trip, which occupied but seven days, ‘The Iriewds of the parties complained of say, In short, that the troubles that really exist were due not to the new administration, but to the old one which it has superseded, Mr, Clyde made po changes in the officers or crew, rave in steward’s department. All the old employés, it is alleged, dislike ihe new régime, and thoso employed by it take “every occasion to cxst odium apon the latier, The passengers on the Jast trip, the friends of the new régime allege, grumbled from the time they left Aspinwall, and the crew and some of the oflicers ivok every oc malcontents that “things were different und management. ”” at the bottom of the complaints, she fact ts pointed out that they are not blame at ail im the complaint, but are on the contrary complimented. REAL ESTATE. At the Real Estate Exchange yesterday Mr. Richard V. Harnett sold by order of Court, in foreclosure, the block vounded by avenue A and Sixty-eighth and Sixty-ninth streets, known as Jones’ Wooa prop- erty, to plaintiffs, Jobn Bachlet and M. Bernheim, for the old Aseviience that the old officers wero K, H. Ludlow & Co, sold by order of assignee, E. H. Amidon, the three story frame house with lot 25x102 2, No. 288 East Seventy-seventh street, south side, 255 fect west of Second avenue, to Saniucl Card- well for $5,000, A.W. Muller & Son sold six brick buildings, with plot of jand 101, 6x234.10x100x217.5, Voundea by King street, New York Bay and alley way, Brooklyn, to J. Jansen tor $26,500, TRANSFERS, 10th av., w. 8, 50.41. of 47th st. 25x100xirregn. Jar; J: Burchell and nusband to L. Anderson also, 10th also, 10th ay., ‘also, Mulberry st, 5x74; saine to Selim Mary J. Bur! au 1699.1 PS. ‘sano same to same. 48th st. Brown others to Join H.C. 0. 6H), 25x75. 15th st to X. 110x098 711} 0 Thomas Darragh... 30,009 100 ft ML OT Nell Sth av. es. 1 HR) Beekman (referee) to Sad st. Xs, 2 low Treferee) t Hudson st. w. 6. (reteree) tod $500 Ackerman, KO O., 2,000 st. (lot 500 8,000 1,500 | 2,000 . . ores 5,009 | HS. tod. PB. OBR of Christopher st Waverley place; Pls f 2,000 | Dessoir, Mo and or be RE. Lock w Fordaamn ay..8.0/ 8th st. 24th ward 8,000 | Darragh, Thomas and wile, t Company, w. s RIGO. sists lavcesssc is i sawe, w. s. of Madison av..n. of Bot ew. sof Madison av, n. ot 130: | Same to same, w. 8 of Madison av., 1 7,800 Saime to on sof HGtH et, year fe 000 Same to same, nm. 8. of 16 th st, w. year . tue see tee 7,09 Same to same, w. of Madison av., n yew nant 3 7,909 | Same to samme, bw. corner of Madison st lye ‘ é 9,000 Ebernardy, e. of av. Dy tee . seseseee 2,000 STumphrey . to Metropolitan Savings Bank, W. ath ave; 1 year 7,000 Harris, Heury and jeorge Sedeuberg, ss. of Sid st... of Oth dy. OO ‘ 009 han, Daniel and wife, to Rutgers Pire inenran mpany.n.s. of Canal st,e of Bowery; 1 yeur, 5,000 Marks, Seitin and wife, (o Jennotte Burchell, ns, of 45th et, we of Sth ayes} years 2.009 Same to same, w. & Of 9th ay, n. of ith Same to same, wos. of If 1,500 2,500 Margnret, to Citirens Savitigs ank,nos, oof Ist ave; t year and husband, to M 1,000 4,000 | 6,500 | sith 4,509 Stokes, 5. 1 ree eR vet 1,250 | Warkis, ¢ OF Clit | 62) ay 1,200 RENDERING NUISAN | THE AT CE, Complaints are general feom the people resident in | the vieimity of Grand, Broome, Chrystie, Forsyth, El- | dridge and Delancey etreets against a public nuisance | im the nature of a packing and fat boring establish | moot situated im the middle of Eldridge street, between Kroome and Velaneey, The locality is densely popus insted, and the stench {8 reported as being pertectly intoicrabie, ‘fhe tmatter has been repre-ented, put so far no action hax been taken by thot body, and an ap. peal to the Grand Jury tor reliel is now contermp A BOLD DASH FOR LIBERTY. “{ sontence you to ninety days in the county jail,” said sustioe Jansen of Newark yesterday to William Before Mcers quite heard the 4 desh from their sido, Fprang arnong tueandience aad out mio the street. He | was fol owed quickly by Onicer Jandel, ovorhanied and ately lodged in jail When bis time 1 ous he will be | Fesentenced ior atiempting to escape, them were declared to be false, Mr, Ramirez, port | THE EXCISE MONEYS. WHY 18 NEARLY FOUR HUNDRED THOUSAND DOLLARS SET APART BY LAW FOR THE CHAB- ITABLE INSTITUTIONS LOCKED UP? It isa well known fact thatall the surplus moneys received by the Excise Com:nissioners from licenses, &c., over the expenses of running the department are by law paid into the city treasury to the order of the Board of Apportionment, and must, under the law, be set tothe credit of the charitable institutions irre- spective of erced or sex. Said Mr. Townsend, late counsel to the Legislative Committee on Crime, tothe chairman of the Finance Committee of the Board of Aldermen, 1 front of the Grand Union Hotel, Saratoga, on Sunday, in the presence of the writer:—‘You, gen- Uemen, will have o dificult problem to grapple with in providing work for the deserving workingmen this fall and winter. There is great suffering and destitution in the city and rome relief mustbe given. There is a large unappropriated balance from excise licences ly ing idie im the city treasury that should be used to re- lieve the immediate mecessitics of the poor. When I proposed to investigate the matter the Comptrolier came tome and asked me not to go into it, as there would be a clamor on the partof the institutions for appropriations from a surplus which was then eat $400,000," Acting on this bint a reporter yesterday took steps to verily these statements, and-alter conxid- erable difficulty he learned that the account stands as follow By Valanceon hand December ‘Zi, 1874. ++ $99,500 00 Received in 1 pias 8 66 . $687,108 6O $114,378 61 Paid in 1875 for expenses... 47,500 00 Total debursed. ms 161,878 63 $475,229 01 Baianoo on hand tn 1875. By balance on hand 1876... Received to June 30, 1878. 77 $475,680 05 149,553 50 Total on hand June, 1876. Paid in 1876 for charities. Vatd in 1876 for expenses. . Total disvursed in 1816... 240,593 72 Unexpended batance July 22, cr Yy eeaplelierts Eels $284,669 83 Thus there is a very large gum of monoy thut should be in the hands of the deserving almoners of charity locked up to the eity treasury for some reason or other that the Board of Apportionment should ex- plan, the reason itis not distributed now, when so many people are destitute and starving, 1s ‘that the Comp: troller wishes the fand to accumulate wnttl It 1s quite large, and then get a biil pushed through the next Legis- lature diverting it from the purposes it 1 intended to the sinking tund to reduce the city debs. Those who know Comptrotier Green’s interest in the poor wiil scarcely take this view of the cuse, and will atéribute the non-appropriation to some other cause that the Comptroller and the Board of Apportionment certainly should explain. BUSINESS TROUBLES. MEETING OF THR CREDITORS OP MAX STADLER « CO. Nearly fifty wholesale dry goods firms were repre- sented at the meoting of creditors of Messrs. Max Stadior & Co., held yesterday at the old Ball, Black & Co, building. Some of the creditors are trying to have Stadler & Co, thrown into bankraptcy, and a pe- tition to that effect has been fied, and they have been ordered py the Court to show cause why they should not be. This step was occasioned by the feeling among these creditors that the aséiguee, Mr. Frederick Lewis, was not acting entirely in their interest, Messrs. Stad- ler & Co, desired to show the creditors the exact state of thetr affairs, and called the meeting of yesterday 10 present a statement, Mr. George L. Colby, of Harding, elected chairman, and Mr, Van Valkenburgh, of Van Valkenburgh & Leavitt, secretary. The following etatement, as taken from the books of the firm, was then read: Colby & Co., was LIABILITIEG. $574 75 184,758 67 210,375 24 Cash loans. Bills payabie. Open accounts, for merchan- c) Open accounts. on butlaing ex- pense and advertising. . Due work hands...... $480,184 14 Max Stadler’s individual ex- penses, sundry bilix ++ 11,700 00 To E. Sauer, Mre, Krause and M. Stadler, about........ 10,000 00 ——_—— _ 21,70 00 Contracts with employés. 25,781 67 Lense of buildings Nos, 665 and 667 Broadway to April 1, 1880, jess $10,100 paid on account, Total liabilities. Stock on hand, valued at cost prieo..... Open accounts, notes due, Cash in bap Furniture, &e: Bad accounts, $2,151 11 Max Stadier’s inaividual ——_—— $548,166 10 sets of lands in Iowa + 6,000 00 House and stable, over mort- gage... ecco esese 12,000 00 $17,000 00 Total asSet8......sescesseseceesceceeesss $005,166 10 By this showing it will be scen that the liabiiities aro Jarger than were anticipated. Alt Fr this statement was read a committee of nine was elected 10 make @ thorongh examination of the books Of Stadier & Co. and report a recommendation ua to the best course to be pursued in the premises. The committee consists of the following gentiemen:—G. L, Colby, W. W. Huntington, IQ A. Schnabel, Samuel Keyser, Frederick Taylor, M. Suizbacher, J. T. Low, David Einstein and Herman Hapio, The meeting then adjourned, subject to the call of the committea, THE HARLEM STEAMERS, fo tne Eviror ov tar Heras As the racing still continues on the East River be- tween the Harlem and Morrisania ines of steamers, you would greatly oblige a constant reader of your “valuable paper” by informing me why Commissioner Simonson still withholds bis decision in the ease of the “Dell and Harlem,” in which case. the former deliberately ran into the latter, endangering many lives. Have the companies arranged this matier with Mr. Simonson and are tue pablie, to be lett, without redress, to the merey of such reckless pilots? A PASSENGER. SHIRKING THE EMIGRANTS, Emigrants arriving in the country are under the charge of the Commissioners of Emigration for five years after they etep on shore, These Commissioners having managed to foist on the Commissioners of Charities and Correction many of their protégés, tne Jaiter Board passed resolutions at their meating yester- day to the effoct that im secordance with the written opinion of the Corporation Counsel the Warden of the City Prison and other institutions in that department be instructed to receive into their custody no such insane or indigent emigrant who ts not chargeable to this county. the Secretary of the board was directed to address a communication to the Couvsel ol the Cor- jon requesting him to decide whether the resolu. ce with his opinion on the subject od requesting an carly reply, MUNICIPAL NOTES. A regular meeting of the Board of Aldermen will be heid this afteraoon, Tne progress of union between anti-Tammany and Tammany is stow but sure. No regular conference hag been held in this city, but i is understood that the terms of Kelly's surrender will be stipulated at Sara. toga next week. This Jatest back down of Kelly in the face of the foo is the subject-of considerable discussion among our local politicians. Under @ resolution of the Board of Apportionment the different de} ais are requested to send in their estimates i before the lst of September next. Materfals of the old aqueduct lying between Ninety- fitth and 107th streets will be sold at twelve o'clock to- day at the Comptroller's office, Charies H, Swan has beca sworn in as Register of Licenses. THE BROOKLYN BRIDGE. tela A considerable force of workmen was engaged at the Brooklyn Bridge yesterday, proparing for the iaying of the footbridge and “cradle” cables The ends of the working rope have not yet been spliced in Brooklyn, At New York they have not yet beea carried to the anchorage. These ends will probably be passed across Sonth sireot and over tho house tops to the anchorage ina day or two. Then tue ends will be spliced and an endiess chain formed to facilitate the work in hand. Meantime the wires that now span the river continue to aliract the general attention of ferryboat passengers, MYSTERIOUS DEATH. About baif-past fonr yesterday afternoon Captain Walsh, of the Thirticth precinct, found the dead body Pea unknown man in the woods of the Convent of the Skxcred Heart, Manhattanville, Deceased was about Atty years old, flvo feet seven inches high, and wore dark clothes. The body was very much decomposed, From bis appearance he is supposed to have been a tramp. Some are uncharitaplo enough to intimate that | } NEW YORK HERALD, THURSDAY, AUGUST 17, 1876.—WITH SUPPLEMENT. THE DANGERS OF OUB STREETS. ‘TWO PERTINENT LETTERS. Public attention having been calied in so painful a manner to the frequent fatal accidents by the fall of telegraph poles and the difficuity of fixing the respoosi- bility om the owners, any information is valuable which tends to fix the ownership of the rotten pvles and wires’ Therefore tho following story of Mr. J. W. Johnson, # roofer, of this city, is full of interest In conversing with a HexaLp reportor be suid:—*‘I can prove that the Western Union Company is mainly re- sponsible for the accidents that have recently happened and which are comtinually occurring by the careless bess of this company. In the parsuit of my occupa tion as a roofer 1 wome time since tripped over one of their wires on the root of a building at No 268 Greon- wich etroct, and was precipitated to the ground, sus- taining grievous injuries; my right arm had a com- pound fracture, my ankle was diaincated and you can how see the bones protruding. The wires are put up by the Western Union Company for private parties, often running trom factories to stores and from busi- ness offices 10 private houses, and when removals are mado the wires get out of order, no attention is pald te them, and they become rotien, fali from tbeir fastenings and endanger Iite and limb, The iusul:tors and the cups also are insecurely fastened, thesg fell iu Murray street last wees and ‘ci ear nearly off as well 2s seriously injuring bis shouia ‘Then, again, 1am often sent lor to repair roofs that are full of hoies—some of them are almost honeycomvea— and the owners and tenants vf houses canpot imagine why new roots should so soon leak. The cause, low: ever, 18 easy to solve; the telegraph repairers go upon Too!s, baving on their boots the spars which cnable them to climb poles, and they deliberately panch holes with their iron clamps, sometimes tor purposes ot sometimes it would almost seo, trom Ihave had some tin roofs thus $50 tor repairs, 1 am glad to see tne Bubject 1s boing agitated in regard to theso telegraph abuses, and I sincerely hofe the Henao will cause the ditscustion to continue until they are abated.” THER ROTTEN TELEGRAPH POLE To raw Eprron or THE HenaLp:— Alongside of the pole which fell several days ago, Kilhng a poor woman, at tho corner of Suffulk and Grand strects, stands another pole which should be re- moved before it falls, At ite base It ts rotten balf way through, xs an inspection will show, half of tt having been picked or Kicked off. Will’ not rome of our Aldermen introduce a resolution, and seo that it 13 passed, making it the duty of the captain of each of the police precincts to have the poles in his district examined, and any poles found in an unsale condition report the game and have them removed forthwith, as Captain Clinchy did along Grand street? PROTECTION, ROTTEN SHADE TREES, To tn Eviror or Tim HeRALD:— After two fatal accidents of the telegraph poles in our ¢ity within a few days 18 it not bigh time that to avoid similar accidents the hundreds of rotten shade trees should be forthwith removed from our streets? There are some 1,500 of these dead trees on our streets, some scores of them having been dead several years, and are 80 decayed that they are Hable in a gust of wind to be blown down, endangering human lite aud limb, Besides this danger they are an eyesore, and the bark is infested with all kinds ol vermin. Please, through your influ- eptial columns, cali the attention of indivisuals and tuo public authorities to have thom removed. Some ignor- ‘ant people are afraid to remove these nuisances betore their premises without a permit from a pubic func tionary. It 1s the rignt of every man to cause to be re- moved any like nuisance from the front of his premises that endangers the jife ard limb of himself or tamily. . REFORM, WORKINGWOMEN. COMPLAINTS OF MESSRS. ARNOLD, CONSTABLE & CO,'8 OPERATIVES, The ladies who do pieco work for Messrs, Arnold, Constable & Co. complain of the statement of a repre- sentative of the firm made toa Heraip reporter and published yesterday. The following is the statement roferred to:— “A great many of our hands are off on their: vaca- tions, but, so Jar, we have made no further reduction in our forces than we are accustomed to make every sum mer, Neither are their salaries reduced, and we don't utend they shall be’? ‘The picce workers say that thre frm bas reduced the umber of hands very considerably, and has also cat down prices to an exceedingly low figure. It has been the custom heretofore to keep from 200 to 300 persons at work in the suit and cloak department, but at pres- ent less than 100 are employed there. The salaries purd weekly to the employés of this depart- ment sun trom about $6 to $8 50. Many the piece workers, who claim to be the t and most skiliul operators employed by tho ay they don’t make much over $5 per week by the ‘most diligent application, ‘Many of theso are widows with children,” said one of these ladies to the writer yesterday, ‘and they don’t make as many dollars weekly as they have children, Cloaks, for mak- ing which $7 has been paid horctolore, we are now obliged to make for $5. For makin whole snit of silk tho pay is $3 50, and they ask us tomake a mourn- ing suit and trim it—about toor days’ labor at the very t—for $3 75, We only get seventy-five cents for making a cloak, which takes a day and a half. As for the statement that many of us are offon our vacations,” said the Jad: ho answer to that is that we are off because there is no work for us.’ FOSTER'S MEADOW HORROR THE WOMAN ARRESTED ON SUSPICION—CON- FLICTING CLEWS DISCOVERED, The excitoment in the neighborhood of Foster's Meadow, In regard to the horrible tate of little Maggio Bauers, was even greater yesterday than on Tuesday, after her dead and mutilated body was found in the woods. District Attorney Downing, who restdes in Flushing, drove over to Jamaica early in the morning, and after consulting with Justice Bennett made an ar- rangement to take @p active part in the attempt to bring the murderer oF murderess to justice. it was intimated yesterday morning that one of the officers bad gained) an important ciew to the crim. inal, 6 but declined to. ~— make ~—_ immediate use of this knowledge, preferring to wait until be cohid ascertain whether a reward would be offered. Justice Bennett, with Oiicers Hamer and Hendrickson, ot J maica, and two or three oflicers trom Hempstead, wore busily engaged in investigating the circumstances at- tending the murder, Some important evidence was discovered, whieh led tothe arrest of the woruau with whom Maggie left ber home on Monday, and which shows that she may, after all, know much moro about the crime than was at first supposed. Her name in Catharine lieitman, and she js ao Irish woman married to a German laborer employed by Mr. Bauers, In the course of conversaiion with some members of the fam- ily yesterday she contradicted sume of che testimony en by her on the day previons in several important particnlars, and thus gtving rise to suspicion, She wus questioned more closely, whea she seized her bonnet and shawl aud left the house. ‘This circumstance coming to the knowledge of the oili- cera, they started in pursuit in different directions, and about an hour afterward she was overtaken on the Springield road by Officer Warner. On the way to the Jainaica Town Hail, where she ts now conflaed, she ad- mitted that sue was not on very good terms with the Bauers family, as they having, as sue alleged, abused and insuiied her, She expressed considerabie aversion to “the Dutch,” as she called them, Bat moro signifi- cant yet is the opinion of Dr, William Wood, ot Jamaican, who yosteraay made an examination of Maggie's body. He expressed a decided belief that the wounds and bruises upon the person | und the terrible Incerations were not inflicted as at frst supposed, but by some blunt tnatrament. Anda tur- ther fact, waich is regarded as of special signiticance, is that the belt or wide mbvon which Maggie wore around ber waist and which was used to strangle her with, was tied around the neck witha “granny’s knot,” such as a woman ordinarily makes, Another discovery was made by one of the officers, however, which does not seem to bear oat the theory that the woman was the murderer, Tracks of bare fort, as of aman and acirl, were found ina cornield, leading toa piace, where the corn had been beaten down The man’s tracks were found jeading out of the field, but not the girl's, and at the edge of the fleld the man appears to have put his boots or sh on. The = girl's tracks, on being meas- ured, corresponded precisely with the sizo of Maggie's feet. A main who is believed to have made the other tracks was immediately placed under surveil- Javee and may have been arresied late last night Another man Wns arresied on suspicion yesterday by & Hempstead oficer, avd lodged tn the County Jail, ‘The locality where the crime was c&mmitted is known as (he “Centre of the World.” It is thinly settled by an ignorant class of people, very much bke the ‘poor white trash” of the South, and it was daring the war & favorite resort for bounty jompers and deserters, THE NEWARK POLICE MURDER, Yesterday the Newark police arrested Reuben Roe, the keeper of » saloon on the corner of Howard and Springfeld avenues. Roc has the reputation of being what the police calla “fonce”—that 1s, one who keeps .f house of refuge for thieves and storago for their plun- dor. It was in bis premises that Oschwald secreted the bag which has since been found and been identiti as betng filled with the plunder stolen froin Bedell’s house. He is aceasod with bemg an accessory to the Osehwald-Ryan crime, having, as alleged, concealed evidence from the police, He was hi im detault of $2,000, His housekeeper, Mrs, Mary Schwell, was also arresied and is held witness, THE MONAHAN MURDER. Deputy Coroner MacWhinnie yesterday made a post- mortem examination of the body of Patrick Monahat killed on Tuerday night by bis stepson, James . The inquest wil be held to-morrow morn- ing at eleven o'clock, MM Ri “SABDANAPALUS.” Boorn's Taxarns, Nuw Yonx, August 16, 1876 To Taw Evitos ov tus Henaup:— Ima free and great country like this no man can be condemned unheard, 1 therefore ask you todo me justice by inserting this refutation of the grave and groundless charges broaght against us by the flrppaot and unscrapulous writer of the composition offered to tho public yesterday as a criticism of “Sardanapalas." It we admit that the higher function of the press is to put all things clearly before the public, exposing imposture and fostering all that 18 good and trae—it we admit th ind | suppose. that all mon do, I say that never yet did I Know a critic so umexcusably un fair, 80 (lse to the true chivalry of his order as the concocter of the string of accusations brought against us yesterday, In an article intended, I sup- pose, to be facetious, he distorts everything he saw, and with sorry gibes and maladroit rh baldry holds up to contempt and ridicule the strong efforts, the conscientious labor of intelli gent mon, the honest and well directed enterprise of two managers to pus before the public of New York in this all important centennial year a production thas should be as perfect as art could make it, that should appeal to the scholar and archwologist by its accuracy, that should be void of offence to the most sensitive, and that should boas beautiful and enjoyable as the cognate arts of the theatre acting, music, singing, Painting, dancing, harmoniously brought togethor, couid make i. i He charges us, for reasons beat known to bimself and wisely concealed, with prostituting Byron’s “Sarda bapaius’ to the +(ramework of another Black Crook," and, with the funny butmoro a gentiemam who has dined well, wastes half a column in silly jokes at the Jegs and agility of the dancers He says Calveré hae cursed Byron’s ‘‘Sardanapsius,” Well, be is welcome to that little coarseness. I havo many reasons lor difference as to his opinion, What I have done 1s in print And sold in the theatre, and tue public and press can judge for themselves, 1 dure say, without the aid of this open-moutbed “Sir Oracle.” His assertion that “itis a crime against art,” ‘and mado the frame- work of another Biack Crock,” 1 most emphatically deny. The charge is as untrac as it is wicked malicious. The intention was and is to make all s serve the play of ‘Sardanapalus’’ and its supreme 1D terest, and so all truly does, if your critic could under. siand What he saw, It is essential, absolutely impera tive, tuut there should be dancing, and revelry, and orgies, “The bright gems of tho gusterimg girls,” “the Jasci vious tinklings of Jutling instraments,” the mi ght festival, the danciwg girls that surround “the elleminate thing tbat governs,” ure Lyron’s own intro- duciions—not introduced by us, Byron so places the festival that the assassination may take place in the midst of ik Warned by Salemenes and urged by Myrrha, the King defe prepared in the ‘Hail Nimrod,” this, tuat your critic to regard as heinous, we follow but the story The play de- of pretends nothing us given and described by the author. manded a baliet, and from your critie’s view Jarrett & Palmer have sipved in giving a good one; for, though certainly the best 1 ever saw it has no unaud prominence, and, performed as it is betore the lascive jous King, it 18 in its place and serves the play. It would seem that your critic had eyes for the ballot only—that their legs and agility were to him 80 abe sorbing that he saw nothing elsé on the occasion, oF how could he have penned such asentence as this:— “The play was no more a representation of Assyrian life as it 1s supposed to have veep in the ttme of Sar- danapalus than the Jardin Mabille or Moody and Sankey’s prayer meetings.” In the face of what i= seen ovory night pow at this theatre, what can bo more Atrosicus than this stupid statement? Every scene is & careiully studied reproduction from Layard’s Ni eveh by one of the first artisis of cur time. The cot tumes of the King, bis court, the character the soldiers, the standard bearers, are _ lite: ana faithiul copies irom the Nineveh Tabl now in the British Museum. The amphorz, rhytons, the thrones, the couches, weapons, are also exact repreductions. The emblems of Deity and brazen standards, the quaint regalia, the minuiest ornament, even to the earrings, have all been mado expressly from tracings, at a cost almost unwarrantable. The whole mounting of the play trom beginning to end deserves, | assert, rocognitfon as the most perfe studied dnd accurately produced representation et Presented in this couniry or im any other. It ts certainly sot from suen frivolous writers I can hope to get this admission; but from the student aud the scholar, who can see the signiticance and perceive sho amount of thought and work that underlies ali, J havo no fear of justice. My duties in Engiand limit, I regret to say, my days In New York; but if any gentle. man from your office wili honor me with a cali at the theatre I think I shall have no difficulty in convincing him of the conscientious lavor and uncompromising fidelity to truth with which ali has been prepared. In conclusion I can but express the gadnoss felt by all concerned that our efforts to advance the art of the theatre by this most complete production should meet with such unjust treatment in the columns of so im- portant a journal. Noone can better bear testimony than | can, and do, to the govd and troe intention ot Jarrett & Paimer in tins work; their enterprise bas been well directed, their motives jegitimate, thetr as- pirations honorabie to them, aud it will be discouraging, indeed, if any portion of the pubiic of this greatly intel- ligent ‘city are misied to injurious convictions by the flippant misrepresentations tbat have untortunately found space in your columns, I have the honor w be, sir, your obedient servant, CHARLES A. CALVERT. RAPID TRANSIT. THE NEW YORK ELEVATED RAILROAD—WORK TO BE IMMEDIATELY RESUMED, In view of the decision of Judge Van Hoesen, of the Court of Common Pleas, denying the suit for an in- Junction on the application of the Ninth Avenue Rail- road Company to restrain the Elevated Railroad from using dummy engines upon any part of its route, from constructing or using any switebes or tarnouts south of Thirtieth streot or maintaining any track whatever upon Ninth avenue north of Thirticth street, a HxxaLp representative calied at the company’s offices yesterday vo ascertain the immediate effect of this favorable do cision and how far 1t would affect the progress of the works which had already been commenced. In the course of conversation Mr. J. A. Cowing, th secretary and treasurer of the company, explained that no further difficulty was anticipated in carrying ou ‘he proposed works. He gaid that while the decisio1 was very uratilying to tae friends of rapid transit the judgment bad not as yet been entered, but that it was probable wo k would be commenced to-day or to-mor- row on the switch extending from Forty-second street to Fittieth street, 2,500 teet long; on that extending from Twellth street to Twenty-fourth street, on thas at Houston street and on that at Liberty strees Alb the appurtenances of tho road are tn readiness and only await the necessary force to adjust them. It hay- ing been suggested that there must have been a good many hands employed before the auit was commenced Mr. Cowing stated that there were over 15” men en- gaxea, und that had the operations not been interfered with the switches would have been completed in at $m. paratively short time. There was now, he said, ne opposition, except in the case of “Mr. Patten, of the Pacitic Hotel, Greenwich street, who obtained an injunction against the raising of iron columns in the immediate vicinity of that establishment. Mr. Cowing lurther stated thal by means of theso switches highly satisiaetory results would be obtained and that up town residents would be greatly benefited. Instead of running trains every cighteen mivates, they woula be despatched every seven and a batt minates. The raa.> nibg time between the Batiery and the Park is calei lated at thirty minates. There are now one nandred and sixty trains run each day, and it is expected that when the switebes are completed the travel will be largely increased. Mr, Cowivg added that it was not the intention of the company of continuing the road abovi Sixty-firat street for the present. It is understood that the swiiches will finally be united, thus makinga con. tinuous double track. Mr, Cowing was very hopeful of the final success of the enterprise. A reporter of the Henao also called at the office of the Gilbert vated Kailroad at room 46, in the bald. ing No, 71 Broadway, and found a notice on the office door to the effect that the “boy would be buck in three minutes.” ihe happy, human boy was found subse. qnently mm the hallway making desperate efforts to cateh unwary bat exhausted jlies, and be knew nothing further than that Dr, Gilbert was stopping at Long Branch MALARIA IN WALL STREET, For somo time past the brokers and bankers in the neighborhood of Wall, Broad and New streets havo suffered from malarious fovers, aud during some por. tions of the hot weather the fetid smelis have been so intolerable that windows bad to be closed. The odors were as noxious as if proceeding from defective draing or cesspools, It was finally discovered that the areas ravning along New street, at the base of the St. Nich. olas Bank Burlding, were filled with decayed matter, getable and apitnal, aud some of the offices on New stroot became uninhabitable. Brokers and brokers’ clerks wero taken ill, customers were driven away from the offices and the nuisance seemed to require prompt attenuion atthe bands of the Health Board, yesterday Dr. Traey, connected with the latter office, of inspection, and decided that something must be done or the beaith of the locality would be seriously impaired. The drain pipes are ail to be ex- amined, and the trustees of the St, Nicholas Bank—the owners of the whole vmiding at the corner of Wall and Ww streets—will be required to lay bare all their pi for oxamination by the health officers. The first requirement, however, seemx to be the immediate scleaning out and disinfecting of the filthy masses decaying matter in tho areas on New street. 1! A MISSING LOAN BROKER, Mr. C. BR, Field, a pro winent joan broker of Chieago, hus been missing for the past two weeks, causing con siderable distress to his family, Several years ago Mr. Field suffered from a disordered brain and wandered from his bome, bat returoed ma few days apparently in good health. Apprehensions are entertained that he has bad a reiapse, He was in New York on the 6th of Inst month and was stopping at the Fi Hotel, from which place he ordered hie oll obeegas to tho Continental Hotei, Philadelphia, where he was (CONTINUED ON NINTH PAGEA