The New York Herald Newspaper, August 17, 1876, Page 8

THE COU The RTs. | Metropolitan Hotel Bankruptcy. ‘ 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, fled a decision tn | tho Circuit Court for this district 1m the suit of John HL Platt, assignee ‘30 bankruptcy of Simeon Leland & | Co, against Alexandor T. Stewart The soit was brought to set aside conveyances of real estate and sbatte! mortgages on the furniture of the Metropolitan Hotel, made by tho Lelands to secure Mr. Stewart for arrears of renis, On the 24th of March 1871, a» petition tm bankruptcy was presented by George F. Bellows, a | Creditor, for an adjudication of bankruptcy against | Leland & Co, and the adjudication was made on the | Ast of April following, The Loiands keps 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 ijien on the | furniture and chattels of the hotel for seourity for the rent, the hen and the mortgage to be renewed yearly, thirty days prior to oth April, with ap Additional rst lien on additional furniture, On the first duy of Jaly, 1570, the lessees failed to pay the rent duo, and irom that time until the bankruptcy | they were in arrears. On the 24th day of January, 1871, two houses avd Jots in Crosby and Jerse; in this city, and on the 1 streets, h of February, Nos. 137 and | 180 Prince Street, were conveyed hy Chiaries Leland to | Alexan Stewart. Onthedth of February, 187i, | the Farm, in Wesichester county, was con: veyed by Pilen Leland to Alexander T, stewart, The arrears so... at this time were $61,001 43; and the vars f tio rea! catate was $43,000 over and above the arrears ‘The validity of these ‘conveyances and the | chatiei mortgage was impeached by the assignee, who | lnetsted that these pieces of property were conveyed by the bankrupts within four months preceding the bankruptcy, by an unlawful preterence on account of | a large indebtedness and in fraud of the provisions of the Bankrupt act ‘The decision says that the questions to be determined are, were the Lelands in an MWsviveut condition when the conveyances were tak and if air, Stewart and bis agent, Mr. Lito: Teasonabie cause to believe them to be thus insoly Mr. Stewart and Mr, Hilton testify that they had doubt of the responsibility of the Lelands at th Justice Hunt says that it requires some confidence 10 ppose that Mr, Stewart wis willing to take from a soivent debtor property he did not want, m payment of | & good debt and for the purpose of accommodating his debtor, usiness men Who act upon this principle | Beldom sueceed in making large fortunes. It is difficult | to suppose that Mr. Hilton gave this advice, or that Mr, stewart acceded to AS to the solvency of the Jelands, Justice Hunt says thatre thinks that in | Jonuery or Febraary, 1 he tirm Was irretrievably no time. inso: and ¢ Mr. *tewart and Mr. Hilton | bat ble cause io bweneve the Lelands in- | Bolvent, as required vy jaw, and that Mr, Stewart is | chargeable wita such knowledge. In March, 1571, a | large number of executions and judgments having been obtuined agaist the Lelands, the Unite! States Mar- Bhai was directed to sell tne botel furniture at public auction (o avord the injury which would result trom the action of the conflicting claimants, The net pro- | ceeds of the kale were $26,867 29, which is now in | co Mr. Stewart claimed this by Virtue of lis chat- | tel mortguge and the rerewal thereof. Muller and | Conger and the other jadgment creditors cluim it by Virtue of their execution levy. ‘The assignee claims that ail the hens and claims mentioned are jovalid un- der the Baukrupt act, and that each of them is sus- pended and overridden by the title of the assignee in banxruptey. With regard to the validity of the judg. ments and executions the decision —_ hol them to be valid; that they were for just debts and that the judgments were obtained not | only without the aid and concurrence of the debtors, but generally ip spite of their opponition. With regard to | the chattel mortgage the law on this point ts explained at length, together with the form of the mortgage, and the decision holds that Mr, Stewart bas ne licn upon | the proceeds of the sales of the furniture by reason of bis chattel mortgage, The further question remains of the right of the assignee to maintain action. This Action is justifies although the assignee docs not claim by virtuo of the judgments ard executions, but scexs | to avoid them, They do exist, however, and aro valid | hens, and are by law represented by the assignees, “I | think,” says Justice Hunt, “they sustain the right ef action of the assignee’ as against the fraudulent Mortgagees, Again the assignee bas a standing in court upon the pomt ot the real estate Yhe decision may be summed up as fol- —The conveyance of the real estate to the amount the mortgage made by S. Leland & Co. to'A. T. Stewart an account of arrears of reut, was youl under the Bankrupt act, and the assignee 18 en. titled to recover the value thereof, Tho chattgi mort- gage, under which Mr, Stewart claimed hens on the | furniture as security for rent, void inlaw, Cer. tatu executions, levied on the furniture prior to the bankruptey, are under authority of a jate case in the United States Supreme Court valid liens and entitled to be paid, ‘Tho residue of the fund in Court 18 to be paid tothe assignee in bankruptcy, and the attorvey and counsellor of the assignee is entitled to be paid costs of suit and counsel fees. D MacMahon for assignee, Henry E. Davies for A. T, Biowart’s executor. gonveyances, lows BREAKING THE BANDS, Asult brougit by Arthur Terry, in the Supreme Court of this State, to obtain a divorce from his wile, Hattie E., presents some interesting features of do- mestic life and persistent efforts on the part of a dis- tatisfied husband to break the bands of matrimony, The case has come now before tho Court tor the pur- pose of examining witnesses on the part of the defend- ant wih aview of satisfying the Courtas to the amount of plaintifl’s property and what sum he should be competied to pay defendant for alimony and coun- sei jen, From the papers in the case 1 aypears that | the parties were married in thiw city in 1870, and thar | at the present tiie she i about twenty-five y age and bes.ste years. He charges her in bis plaivt with the cominission ultery ia Virginia, hingion and New York with a person Damed Rogers ot various times, She answers by aenying absolutely and = speciticaily the charges of adultery, and makes counter charges agaiust lim of cruel and inbuman treatment. On hs latter point she alleges that about two months after they had b varied he began to all treat her, (or her utterly unknown, In April, 1870, rs of at No, 217 West Forty second street, in this erty, he Fiolently pushed her olf ber chair on to the floc, At Flushing, in May, 1870, he seized ber by the throat and violently purled her into the closet, leaving we Luring the sa he violently pt njoring ber, «nd at marks of his fingers on ber throat, month, while be was in bed, her by the leg, therepy greatly the kame time tei . ‘here, take that.’ At Rutland, Vt, in June, 1870, Ne violently gut hold | ot ber by ber args and vielently plan rina hair, thereby bruising her arms go that they remained biack and blue for weeks. Puring the inmonths of | Jume, July and Avgust, IST], while they were | boarding together in Stamford, Conn., on several oc- | casions he vielentiy pinched ‘her arms until i were black and b! In the month of Mareh, 18 while in Mexico, he caught hoid of her and violently pushed ber against the wail of their root, druis.ng her and rendering ver insensible, Om one occasion, while living together in Stem/ord, Conn., be iocked her out of their room, aaa compelled her to pass several nights With strangers, and when she tried to gain an en- | trance he toid her if she aid not go away he would kick her down stairs. Iu April, 1871, he informed her that | he was going to Providence, R. '., te go into business, | and for tbat purpose, as she suppored, they went there; bas it turned ‘out that he went there under tu. | strnctioos irom a lawyer that Ne could go there and | Commence proceedings for a divorce against her, ani get her to employ a lawyer there to delend bor, whom jainuit and his jawyer could contro! and, ¥ conmivance between ihem, & o | Boul’ be obtained from the courts. ros | ip her aoswer th t plaimtif lus repeare ebar hat he imvended to g @ivorced from her, but aiwaye stared that i was pot for anything agaist Her character, baton the ground | of incompauibliity of temper or some auae, he stated in Provitence, doth were in Nexico, in Dec 1875, he told ber be was goin her, and if he could not « her up ta U convent and leave her there. Aboot the eame time de told her be was £0 ug into she iMterior of the coun. iry, and ehe must go with him of go back to the States; thal if she wont with him ne would give her six months to live, but if she went back to the States would send ber $40 a month to dre liveon, Being afraid of her life if she went inte the ‘nierior she Was compelied to come to the Unied states, arriving in this city sbout the Ist of April, 1875, and bas since re. | sided here, The p it continied business in Mexico, bat has come to New York within the vest few Weeks, and she was about taking proceedings to ¢ pel hia to smere her wontily ajowance when ho tommenced the present action for dive White th were living together in Stamiord im Uetover, IsTl, pimiatiti ted to get a yentieman living there, to cail And visit her in such a way that if might be believed ores trom | bis attentions wero improper; and offered tie samo person money to persuade er (0 atiow « divorce by connivance, Their residence in Stamiord, she says, the ‘part of her ‘ould | the turned dui to be for the purpose, on | husbard, to acquire a resid nero So that Apply ior a divorce, Atter residing there time required by law, he conan ed an action in the Supreme Court in that State, aking for a | divorce on the ground of incompatibility of learper and genorai unhappiness; ag the suit | was disminxed on the ground that no cure had been | Made out Tho present suit ehe believes to Lave been j Mr | ju Supreme Court, Chambers. | gle they | a | pled disreput commenced tu pursuance of a long cherished parpose on his part to geta divorce from uer by some meaus, aud she elieves it to be bis purpose now to accomplish this enw by procuring false testimony against her. The ce endant clams that plaints is worth $100,000, and that alimovy and counsei fee skould ve allowed ber tn proportion, while plaintiff asserts bis wealth at the modest sum of $10,000 oF less. Among the testimony taken on this point on the part of the defendant is that atormer United tes Consul to Mexico, who esti ints means at $9100 and who gives a good characier to the defendant while eho was in Mexico, TROUBLES OF A JEWELRY PEDLER. Patrick Kenny was recently arresied with one James O'Conner, charged with the larceny of jewelry valued st $160. From the papers in the case it appears that Heury Wilmer, an itinerant jewelry broker, visited an cast side lager beer saloon and that he latd his satchel, containing Jewelry, upon the counter. The prisoners, Keuny and bis friend O'Connor, entered the saloon while Mr. Wilmer was imbibing his lager, and they aiso drank beer and iminediately jeft the saloon. Shortly after their departure Mr. Wilmer missed is ty end chaged the prisoners, whom he bad ar- They were held for trial Kenny’s counsel, Edmana & bri ed out @ Writ of Babeas cor- pas in his bebalf, and rday being the reture day of ihe writ argament was pad betore Judge Donohue, ficient to warrant bis further desention, aud asked his discharge, Judge Donohue concarrea with cou- | Sel, and discharged vhe prisoner. THE BONDED WAREHOUSE ROBBERY. William Westfail was brought before Judge Donohue, at Supreme Court, Chambers, y, In obedience to a writot habeas corpus Westfall was cominitted to | the Tombs by Police Justice Murray charged with hav- ing robbed the bonded warchouse No, 21 Markettield | Street, upon the Sth inst, of $4,000 worth of goods. | Subst uent to hig arrest, upon being contronted with te carmen employed 10 remove the goods, he was identified as ove of tke men engaged in removing the koods out Of the cellar, Which Jaci, oowever, he denied, Upon the retarn to the writ Mr, William F. Kintzing, counsel for the accused, asked that he be admitted to bail in the sum of $2,000, and, Assistant District Attor- ney Rollins consenting, it was so ordered The bail was promptly furnished and the accused reicased trom imprisonment. SUMMARY OF LAW CASES. The public parade ground controversy still lingers tn the courts. The matter was to have been argued yes- ters , before Judge Donohue, but tor the convenience of counsel it 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 lunacy on which the Court lound the Judgment was “un insane delusion of eternal damnation.” In March last H, B. Claflin & Co, obtained a judgment the Superior Court against Henry J. Meyer tor 5 65. On motion yesterday, there being no opposition, Jndge Speir granted an order tbat the real property of Meyer be exempt from the lien of this Judginent, and that the cierk enter the order on the judgment docket. The expected argument upon the haboas corpus granted in We ease of Charles Cheater Driggs and Mra. Driggs, arrested previous to the vexth of airs. Larui upon a cuarge of poioning her, wax portpuned from yesterday uoul to-day, itis more than likcly that a Uilerent complexion will be given to the case, Low that the accused parties have been exonerated irom this grave charge at the Coroner's inquest, Judge Donohue, remarkable jor his terse decisions, excelied himself yesterday in his decision upon tho motion recentiy argued before bin to discharge trom Ludiow Street Jail Dr, Ruius W Fhat, the letier writer medium, for refusing to pay alimony'as directed by the Court in’ the suit for divorce now pending against him by his wife. The Judge lacouicaily disposes of the case by writing on the papers the indorsement, “I seo no reason tor varying the order already made,” the | plain Eoghsh of which is that Dr, Flint must continue to sojourn in Ludlow Street Jail. He reserves his decision, however, upon sume legal poinis raised in the Dostor’s behalf by bis counsel, DECISIONS. BUPBEME COURT—CHAMBERS, By Judge Donobue. Woolsey ve, Adsit, Denied. The Metropolitan Medicine Company ya De Grath and another and Bracbam vs. Gittius.—Motion dened, Barney va, Barney; In the matter ot Ditmas, &e. ; Raymond vs. Molier and Crooks va. Otard (two ac: ) —Granted. Fiat vs. Flint,—Memorandum The Christo rand Teutn Street Raslroad Company e Ceniral Crosstown Railroad Company.—Order nied derying movion, Surtivan vs. Fosdick. Worth vs, Warner, affidavite. COMMON PLEAS—-SPECIAL TERM, By Judge J. F. Daly. Trask vs, Folsom.—Decree settied, for counsel with clork. Gardner vs. Blodgett et al.—Findings gettled, MARINE COURT—CHAMBERS, By Judge Sheridan. Abron vs. Taylor.—Atlachment vacated and party discharged on payment of the Sheritl’s fees and sub- mitting to an examination. Michalis vs. Cowan.—Motion granted, with $10 costs, Shook vs. Rau; German Exchange Bank ys. Gross; Browniog vs. Lauderback.—Bond approv ishret vs, Hum; Maguire vs. Kensig; Trumbridge vs, Streeter; Vickers vs. Knapp; Kircher ys. Kircher; Treeman vs. Loughran. —Orders granted. Granted $250 allowance. - pers do not contain moving Memorandum The Orioutai vs, Markert; Lynn vs, Palalas — Motions to overrule demurrer and for judgmen! granted. Manchester ve. Gavin.—Motion to amend summons and complaint denied. Schwab vs. Donohue.—Motion denied. Grofl vs, Jotnson.—Motion denied, Boston Traveller vs. Vandernern,—Motion to dismiss granted. COURT CALENDAR-—THIS DAY. Held by Judge Dono- 28, 248, 204, 270, ssesninent 271, 27% calenda’ ‘. 80, el wo 9 111, 112, 116, 118 to 129 inclusive, POLICE URT NOTES, Michacl Quinn, bartender in @ saloon at No, 352 Madison strect, was itted in deiault of $1,000 bail at the Essex Market Police Court yesterday, cbarged with shooting Wilhani Fitzpxtrick, of No, 38 Scan mel street, Mary Mields, aged thirty, of No. 12 Rose street, and Henry Fieids, aged forty-two, of the same residence, com were held for trial by Justice Murray, in ine Tombs Police Court yesterday, on complaint of Mary . ot No. West Sixtieth street, who charges Lwith robbing her of 15th inst. Both were committed in defauit ‘of $500 euch. ue case of George W. West and Jacob Van Vaiken- berg, the alleged defaulting eLagents of the Poon- syl¥ania Railroad Company, was called up for examina- tion in the Tombs Police urt yesterday before Justice Murray, and owing to illness of counsel was adjourned. THE 'TWENTY- D WARD RIOT. sO} Atthe Fitty-seventh Street Court 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 shot on Tnesday by the prisoner Patrick. Patrick re- yesterday Jobn fused to make any statement, bat when the Court characterized the shooting os cowardly and unpro- voked, he said, with spirit, that he was the jirst to be knocked down, and, if ats would have k hod not done as he did their {his brother, meaning the one not yet arrested, The father, according to the Sstatemenis of all the witnesses te the shoot- ing, Was net present when Patrick — Cody fired the shots John O'Donnell, one of the jaborers who took ——spart— ‘against. — the Codys, swore, however, (hat old Cody Invited his sons to deeds of ‘blood, when he remarked, belore going away, after the rst fight and beiore any Shot had been fired, that he could liek Hugh Fitzpatrick himsel!, and told the sons to go in and beat the whole gang, Next to Pairick Co the son not yet arrested is the most guilty, the youngest of the Couys having really dene owing except noite by bis preseuce the others to acts of vielen Should any of his vietima dre Patrick be tried for murder, tho father as an accessory re the fact, and Jataes and the son not yet arrested will <0 ot the examtnation, rsou for the courage and ployed arrest of Patrick Cody, wed bis { recommending to the Holice Commissioners his promotion. MURRAY'S JUSTICE, f No, 415 Greenwich street, called JUSTICE Mr. John Wood, at the HeRabp oMice yesterday and made the statement | that oo Thestay night while returning through West Street with his wife from Hoboken, they wore jollowed by several negroes, one of whom named Thompson, ostiod against him, stepped ou Mrs. Wood's dress, + to her, and some of th tempted to tak: husband, Het son arrerted, Justice Murra: nogro oi with a fine of oniy $10, which he paid, iet the HELD FOR SWINDLING. Arthur C. Hoesler charges o! laren, at the Washingto on Taesday on vorious cof Place Polico Court yesterday y Second avenue, was held for trial on detaun of $2 i. Aexander Howard was MILT. LO the House of Detention im detault of $500 1 Lo secure his attendance RUFPIANLY nod votore Ju ct Court yesterday Judge Kax:nire itied for trial at the General Sessions Caristian Folks, a plat aust b was ae. wHD Inter Can oWrraAgo On a poor wo. Bridges Vierwas, of No, 1,470 First avenue, Mr. Price contended | | thatthe evidence against Kenny way entirely insuf- melusive, 107, 109, 110, | 3 in Vesey'street, on the | dd Thomp- | | place THE STEAMSHIP COLON. WHAT THE PORT STEWARD AND OTHERS BAYS TO SAY IN BKPLY 170 THE CHARGES OF BEB PASSENGERS. There was nothing but hurry and bustle on board the Pacific Mall steamship Colon when a Hxraip re porter visited her yesterday afternoon for tue purpose of learning something from the company’s standpoint in regard to the complaints made by the passengers on her last trip, and which was published in yosterday’s wssue of this paper. From conversations held with a number of employés of the vessel, it was learned that the primary cause of the troubles complained of 1s the want of harmony between the new management of the line and the old. It wus admitted that some of the items charged in the complaint were trac, but most of them were declared to be false. Mr, Ramirez, port steward of the hme since Mr. Clyde obtained control, 1s a veteran of twenty-five years’ experience in bis busivess, and is generally acknowledged to be fully competent. Hoe bas the management of the stor- ing of all Mr. Ulyde’s vesseia, including the Panama, Havana, Charleston, Galvesten 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 caroful caterer on board the Crescent City for a considerable period. The friends of Mr. Ramirez contend that had it not beon for his unfortunately tailing sick a tew days before the Colon sailed fiom his port be would have personally superintended 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 Mave it re 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 vread was in con- sequence vory, very bad on the cruis+ out, and more especislly on the trip back. Four remaining barrels of the flour were yesterday sont ashore. While the stew- ard admits ‘the bad quality of bread, he atierly denies that there wa tack of qnantity, no such thing asan “allowance” being Known on the line, The complaint that the attend- ance was Insuficent was accounted for by the fact that three of the thirty-five men in the steward’s sor- vice were taken with the fover at Aspiowall and a fourth deserted from she ship. That the chamber Aitendants are also waiters at table was admitted, and it was claimed that sueb is the case on ail American vessels. That the so-called tresh meat was lainted 13 most emphatically denied, the steward claming (and Appealing to hia books to show the trath of the siate- tent) that 1,120 pounds of {resh beet were bought at Aspinwall before sailing, together with 225 pounds of pork, a number of hve pigs and a quantity of v tables. ‘The port steward of the line, it 1s claimed, | ordered, before the verse! sailed trom this city, that 400 pounds of fish and a quantity of eggs should be din her stores. He was, however, taken sick, as hi stated, just before she failed, and was tn conso- aence tunable to see his orders carried ont. Mr, Boul- ton, who was trausferred from apother vessel and Placed on the Colon halt an hour before she sailed, was, it is said, unable to find any of the fish ordered discoverod that the eggs were rotten, In contrad of the charges that “one napkin was the allowar each person tor the trip’ and that “the seblecloths had grown greasy aud black in the service,” the list of articles sent to the wash upon the return of the vessel to port, and said to have been solled exclusively on she passage trom Aspinwall hither, was shown. From that paper It appeared that 88} napkins bad been used and 63 tablecloths. These were used by about 200 saloon passengers, To the statement in the complaint that but two towels were furnisied per day for the use of three persona, it wus pointed out that 1,608 had been sotled on the trip, which occupied but seven days, The ireods of the parvies 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 bas superseded. Mr, Clyde made no changes in the officers or crew, rave in the steward’s department. All the old employés, it is alleged, dislike (he new régime, and those employed by it take every occasion to cast odium apon the later. The passengers on the last trip, the friends of the new régime allege, grumbled from the time they left Aspinwall, and the crew and some of the officers iook every occasion to assure the malcontents that “things were different under the old management.” As eviience that the old officers wero at the bottom of the complaints, whe fact is pointed oi that they are not blamed 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 bounded by avenue A and Sixty-cighth and Sixty-ninth streets, known as Jones’ Wood prop- erty, ta plaintiffs, John Bachlot and M. Bernheim, for 500, K. H. Ludlow & Co, sold by order of assignee, E. H. Amidon, the three story frame house with lot 25x102 2, No. 236 East Seventy-seventh street, south side, 255 fect west of Second avenue, to Samuol Card- well for $5,000, A. BL Muller & Son sold six brick buildings, with plot of and 101.6x234.10x100x217.5, boundea by King street, New York Bay and alley way, Brooklyn, to J. Jansen tor $26,500. TRANSFERS, 10th av., w. #6, 50.41. 8. of 47th st, 25x100xirregn- I and hesband to L. Ande 5x7; alo, 10th av, also, Mulberry st. 25x74; sane to Selim d to lenry Weyn Lifuth st, n. 6, 214 ft @, of Sth ay. Byrne to A. 130th st, m. 225 fw. s ud othera to Jouin H. Caswell + & & (lot No. GF), 25: to John Case: tn (NO ‘man to KF Sutherlani ss. (No. 20 West) Ackerman . We. Corner % oO 11; ellat and wite to Thomas Darragh ift. e. of Whitelock ay 0. O'Rourke 117.2 fe. of 100 ft M. O'Neill. No 487 West) . MeClearnan, . 8 dot No. 118) Coudert. 8m, BUN 6. nekinson (ele ree) to erec) to Duh wt. ms, H.R) Beekman 11,500 dav. 19N10 1.556, € Chamberiain’..... 00. Nom, Hudson st.. wo 8 Jot 1.157), 0x80; MAL Dayton (reteree) tod. Anderson... eae - 1,000 Lafayette place (ith ward); it M. Henry (referce) to H, W. Rouiason.... ‘ 3,960 m Angel, J... to T. 1 G crid ward)! 3 years ships = 500 Ackerman, K. O., to Wiiliaty Goodspeed. 02 5. ot hg st, dot 5 yenes.. Raat 2,000 ane io M. R Coman,s. 8. of 15th st, (lot 63) ‘300 aa, nd others, to the Musual Life In, suranée Company, u. 6 44 st. w. of 10th avi; 1 year... aby 8,000 Benson, MoT. to. Wo" Merrily ns. tth av; 1 year, sae BENS 3,500 Sume to game. n.« 120M, 6. of Oth vv! S Feary 000 Barber, B. i.,toS. H. Butler, No, 14 Trviiig pla Toyerte ca. ne ‘ ‘ 5,000 Day, HS. to J.P. O'Brien, 8 of Christoptior s @ of Waverley place; o years... 7 2,000 Dessoir, M.. and others, t@ RE. Lockwood. wi sof 8 OF St at, (24th ward); years... 8,000 is und wile, to New York Life Lnsur= of Madison av. p. of 18uth mpany, W. s 3 1 year: Same to saiwe, w. 5 Lyear. Sauce to saue, w, 1 vear.. ae saig uk ms Same to same, w. 8. of Madieo of Madison’ av. i. of Tati § 2S of Madison’ wv. moat 180¢H ¥ Gaurge Di 2 years W. Ss. and wi 6. of AY. Mnmphrey go Sedenverg, & ». Rutgers Pire ineneance Lenihan, Daniel and wife Company, n. sof Canal st { Bowers; 1 5,000 Marks, Sciim and wife, (o Jenneste Burchell, n-s. of 45th {Sth av: years . 2,009 Same t ew. & OF Mth iv Sith sty youre 4500 to same, wis of If a. of Sfth ‘st 8. of Pack st GE wy, 1,000 4,000 6,500 4,500 1,250 1,200 NUISANCE, the vieimity of Grand, Broome, Chrystic, Forsyth, El eand Delancey streets against a public nuisance fat in thy mont Dorling establish. ae street, between The lorality is densely popu Teported as being periectly intorable, The matter has been repro-ented, put so far no action hax been taken by thut body, and an ap peal to the Grand Jury tor reliet is now contetaplated. A BOLD DASH FOR LIBERTY. nature of a packing and ed in the middle of aid vuation Jansen of Newa: ¥, a chicken thief, k yesterday to William Before the oMcers quite heard t Kelly made a bold drch from their side, sprang among theandience aad out ito the street, He Was fol owed quickly by Officer Jandel, overhanied and gately lodged in jail, When bis time is ous he will be resentenced ior atiempting to escape, THE EXCISE MONEYS. WHY I8 NEARLY FOUR HUNDRED THOUSAND DOLLARS SET APART BY LAW FOR THE CHAB- ITABLE INSTITUTIONS LOCKED UP? It is. well known fact that all the surplus moneys received by the Excise Commissioners 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 creed or sex. Said Mr. Townsend, late counsel to the Legislative Committee on Crime, to the chairman of the Finance Committee of the Board of Aldermen, 10 front of the Grand Union Hotel, Saratoga, on Sunday, in the presence of the writer:—"You, gen- tlemen, will have a diMcult problem to grapple with in providing work for ¢he deserving workingmen this fall and winter. There is great suffering and destitution in the city and rome relief must be given. There is a large unappropriated balance from excise licences ly- ing idle in the city treasury that should be used to re- lieve the immediate necessities 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 wearly $400,000." Acting on this hint a reporter yesterday took steps to verily these statements, and: alter conxid- erable difficulty he learned thas the account stands as folio By bal zl, 1874 nee on hend December ++ $99,500 00 Received in 1 538,058 66 Total receipts. $¢37,108 60 Patd in 1875 tor $114,378 61 Paid in 1875 for expenses, 47,500 00 Total AiebUrsed,...---e--+0- 161,878 63 Balance on hand 10 1875... $475,229 01 By balance on hand 1876... .. $475,680 05 Keceived to June 30, 1878. 149,553 40 Total on hand June, 1876, $625,208 55 Paid in 1876 for charities... Patd in 1876 tor expenses. Total disvursed in 1816....... 40,593 72 Unexpended balance July 22, Asib. $284,669 83 there is a very large sum of moncy that should be inthe hands of the deserving almoners of charity jocked up tn the eity treasury for some reason or other that the Board of Apportionment should e: plam, Some are unchartaplo enough to intimate that the reason itis not distributed now, when so many people are destitute and starving, is that the Com troiler wishes the faad to accumulate until it 18 quite large, and then get a bill pushed through the next Legis- lature diverting it from the purposes it 18 intended to the miuking fund to reduce the city debs, Those who know Comptrotier Green’s interest in the poor wiil scarcely take this view of the case, and will atéribute the non-appropriation to some other cause that the Comptroller and the Board of Apportionment certainly should expiai BUSINESS TROUBLES. MEETING OF THE CREDITORS OP MAX STADLER « CO. Nearly fitty wholesale dry goods firms were repre- sented at the meeting of creditors of Messrs. Max Stadier & Co,, held yesterday at the old Ball, Black & Co. building. Some of the creditors are trying to have Stadler & Co, thrown into bankruptcy, and a pe- | tition to that effect has been filed, and they have been ordered py tho Court to show cause why they should not be. This step was occasioned by the feeling among these creditors that the assignee, Mr. Frederick Lewis, was not acting entirely in their interest. Messrs, Stad- ler & Co. desired to show the creditors the exact state of their affairs, and called tho meeting of yesterday 10 present a statement. ‘ Mr. George L. Colby, of Harding, Colby & Co,, was elected chairman, and Mr. Van Valkenburgh, of Van Vaikenburgh & Leavitt, secretary, The following etatement, as taken {rom the books of the firm, was LIABILITIES. Cash loans. . $574 75 Bills payabie. « 184,758 67 Open accounts, for merchan- dise alnes secceeeeee 210,375 24 Open accounts, on builaing ex- pense and advertising. . 18,436 35 Du» work bandi 9,138 88 $480,184 14 Max Stadler’s indivi penses, sundry bills, 11,700 v0 To K. Sauer, Mre. Krause and M. Stadler, about... 10,000 00 ———_ 21,70 0 Contracts with employés. 25,731 67 Lense of buildings Nos. 665 and 667 Broadway to April 1, 1880, less $10,100 paid on ACCOUML....eee coer 83.650 00 — 100,481 67 Total liabilities......... ++ $611,315 81 ASSETS, Stock on hand, valued ut cost Cash in bank Furniture, &. — $548,166 10 Bad accounts, $2,151 11 Max Stadier's inaividual as- sets of lands in Towa........ 6,000 00 House and stable, over mort- BARC ccc ccceeees coeees eosee 12,000 00 $17,000 00 Total assete.. aeesesereseceecsesss $965,166 10 By this showing it will be seen that the liabilities aro larger than were anticipated. Alt r this statement was read a committee of nine was elected to make @ thorough examination of the books 6f Stadier & Co. and report a recommendation « to the best course to be pursued in the premises The committee consists of the following gentiemen:—G. 1, Colby, W. W. Huntington, Ik A. Schnabel, Samuel Keyser, Frederick Taylor, ‘M. Suizbacher, J. T. Low, David hinstein and Herman Habio, The meeting then adjourned, subject to the call of the committea, THE HARLEM STEAMERS, fo tue Evitor ov Tar Henaip: As the racing still continues on the East River be- tween the Hariem and Morrisania lines of steamers, you would groatly oblige a constant reader of your “valuable paper’ by informing me why Commissioner Simonson still withholds bis decision in the case of the “Deli and Harlem, in which case the form deliberately ran into the latter, endangering many lives, liave the companies arranged this matier with Mr..Simonson and are the public, to be lett, without redress, to the morcy of such reckless pile A Pas SHIRKING THE EMIGRANTS. Emigrants arriving in the country aro under the charge of the Commissioners of Emigration for five years after they step on shore, These Commissioners having managed to foist on the Commissioners of Charities and Correction many of their protégés, tne latter Board pas: resolutions at their moating 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 m that department | be instructed to receive ito their custody no such insane or indigent emigrant who is not chargeable to this county. ‘he Secreiary of the board was directed to address a communication to the Counsel of the Cor- poration requesting him to decide whether the resolu. ton was 10 ace with his opinieg on the subject abd requesting an early reply. MUNICIPAL A regular meeting of tho Board of Aldermen will te heid this afteraoon, Tho progress of union between anti-Tammany and NOTES. Tammany is slow bat sure, No regular conference has beon held in this city, but at is understood tbat the terms of Kelly's surrender will be stipulated at Sara- toga next week. This latest back down of Kelly in the of the foo is the subject-of considerable discussion ong our local politicians, Under 4 resolution of the Board of Apportionment the different departments are requested to send in their estimates jor 1876 before the lst of September next. Materials of the old aqueduct lying between Ninety- fittu and 107th streets will Le sold at twelve o'clock to- day at the Comptroller's office, Charies H. Swan has beca sworn in as Rogister of Licenses. THE BROOKLYN BRIDGE. ane A considerable force of workmen was engaged at the Brooklyn Bridge yesterday, preparing for the laying of the footbridge and “cradle” cables. The ends of the working rope have not yet been spliced in Brookly: At New York they have not yet beea carried to tho nchorage. These ends will probably be passed across onth sireet and over tho house tops to the anchorage im a day or two. Then the ends will be spliced and an endiess chain formed to facilitate the work im hand. Meantime the wires that now span the river continae to aliract the general attention of ferryboat passengers, TERLOUS DEATH. About bal!-past foor yesterday afternoon Captain Walsh, of the Thirticth precinct, found the dead body a unknown man in the woods of the Convent of the Skcred Heart, Manhattanville, Deceased was abo Afty years old, five fect seven inches high, and wore dark clothes. The body was very much decomposed, tan bis appearance be is supposvd to have been # aps MYt NEW YORK HERALD, THURSDAY, AUGUST 17, 1876—WITH SUPPLEMENT. | | seas THE DANGERS OF OUB STREETS. BOTTEM TELEGRAPH POLES AND SHADE TEEBS— TWO PERTINENT LETTERS Public attention having been called in so painful manuer to the frequent fatal accidents by the fall of telegraph poles and the difficuity of fixing the respoori- bility om the owners, any information is valuable which tends to fx the ownership of the rotten pules and wires, Therefore the following story of Mr. J. W. Johnson, a rooter, of this city, is full of interes. In conversing with a HexaLp reporter be said:—*‘I can prove that the Western Union Company ts mainly re- sponsible for the accidents that bave recently happened and wbich are comtinually occurring by the carelcss- boss of this company. In she parsuit of my occupa. trom as @ roofer I gome time since tripped over one of their wires on tho root of a building at Na 268 Greon- wich street, and was precipitated to the ground, sus taining grievous injuries; my right arm had a com- pound fracture, my ankle was disincated and you can how see the bones protruding. The wires are put up by the Western Union Company tor private parues, often running !rom factories to stores and from vusi- ness offices to private houses, and when removals are made the wires get out of order, no attention is paid te them, and thoy become rotien, fali from toeir fastenings nnd endanger Iife and limb. The insulxtors and the cups also are insecurely tastened, and one of thesg fellim Murray street last weex and cul a man’s ear nearly off as well es seriously injuring bis shoulder ‘Then, again, 1am often sent lor to repair roofs that are full of hoies—some mm are almost honeycombea— and the owners and tenants of houses canpot imagine why new roots should so soon leak. The cause, how- ever, 18 easy to solve; the telegraph repairers go upon Tools, having on their boots the spurs which cable them to climb poies, and they deliberately panch holes with their iron clamps sometimes for purposes ot fasiening Wire, sometimes it would almost seo. trom sheer wanionness, Ihave had some tin roofs thus treated, costing $50 ‘or repairs, | am glad tosee ine subject Is being agitated in regard to theso telegraph abuses, and I sincerely bofe the Hra.p will cause the Wiscussion to continue until they are abated.” THE ROTTEN TELEGRAPH POLE To Tew Eprron or THE HERALD: Alongside of the pole which fell several days ago, killing a poor woman, at tho corner of Suffolk and Grand strects, stands another pole which should be ro- moved before 1 falls, At ite base {tts rotten balf way through, xs an inspection will show, half of tt having been picked or kicked of, Will’ not rome of our Aldermen introduce a resolution, and seo that it 13 passed, making it the duiy of the captain of each of the police precineta to have the poles in his district examined, and any poles found in an unsate condition report the same and have them removed forthwith, as Captain Clinchy id along Grand street? PROTECTION, ROTTEN SHADE TREES, To Tn Eviror or THe HEraLp:— After two fatal accidents of the telegraph poles in our ¢ity within a few days 18 1t not high time that to avotd similar accidents the hundreds of rotten shade trees should be forthwith removed from our streets? Thero 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 liable in a gust of wind to be blown cown, endangering human lite and limb, Besides this danger they are an eyesore, and the bark is infested with all_kinds of vermin. Ptease, through your influ- ential columns, the attention of indiviiuals and tho public authorities to have thom removed. Some ignoi Ant people are afraid to remove these nuisances betore their premises without a ‘permit from a public func- tionary. It 1s the rignt of every man to calise to be re- moved any like nuisance from the front of his premises that endangers the jife ard limb of himeelf or tamily, REFORM, WORKINGWOMEN. COMPLAINTS OF MESSRS. ABNOLD, CONSTABLE & CO.’8 OPERATIVES. The ladies who do piece work for Messrs, Arnold, Constable & Co. complam of the statement of a repre- ecntative of the firm made toa Heranp reporter and published yesterday. The following is the statement roferred to:— “A great many of our hands are off on their: vaca- tons, but, so far, we havo made no further reduction in our forces than We are accustomed to make every sum mor, Neither arc their salaries reduced, and we don’t tutend they shall be,” The picce workers say that the firm bas reduced the number of hands very considerably, and has also cut down prices to an exceedingly low figure. It has been the custom berctofore to keep from 200 to 300 persons work in the suit and cloak department, but at pres- nt less than 100 are employed there. The salaries paid weekly to the employés of this depart. ment yun trom about $6 to $8 60. Many ot the piece workers, who claim to be the cleverest and most ekilful operators employed by the firm, say they don’t make much over #5 per week by the ‘most diligent application. “Maoy of these 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 horetotore, we are now obliged to make for $5. For making a whole snit of silk the pay is $3 50, and they ask us to make a mourn. ing suit and trim it—about four days’ labor at the very least—for $3 75, We only get seventy-five cents for making a cloak, which takes a day and a balf. As for the statement that many of us are offon our vacations,” said the Jady, “tho answer to that is that we are off because (here 1s no work for us,’’ FOSTER'S MEADOW HORROR THE WOMAN ARRESTED ON 8USPICION—CON- FLICTING CLEWS DISCOVERED. The excitement in the neighborhood of Foster's Meadow, In regard to the horrible tate of little Magzto 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 tn the morning, and after consulting with Justice Bennett made an ar- rangement to take an active part in the attempt to bring the murderer or murderess to justic it was intimated yesterday morning tbat one of the officers bad gained) an imyortant ciew to the crim- inal, » but dechned to = make —_—immediate use of this knowledge, preferring to wait until he cohid ascertain whether a reward wonld be oftered. Justice Bennett, with Uificers Hamer and Hendrickson, of Ja- maica, and two or three officers trom Hempstead, wore busily engaged in investigating the circumstnuces at- tending the murder, Some important evidence was discovered, which led tothe arrest of the woman with whom Maggie left her home on Monday, and which shows that she may, after all, know much more about the crime than was at first supposed. Her name is Catharine Hoffman, and she is av Irish woman married to a German laborer employed by Mr. Bauers, Iv the course of conversation with some members of the fam- fly yesterday she contradicted some of che testimony given by her on the day previons in several important particalars, and thus giving rise to suspicion. She was questioned more closely, whea she seized ber bonnet and shawl aud left the house, ‘This circumstance coming to the knowledge of the ofli- cers, they started in pursuit in different directions, and about an bour afterward she was overtaken on the Springiield road by Officer Warner. On the way to the inaica Town Hail, where she is now conflaed, she ad- mitted that she was pot on very good terms with the Bauers family, as they having, as eve alleged, abused and insuiied hor, She expressed considerabie aversion to “the Dutch,” as she called them. Bat moro signifi- cant yet is the opinion of Dr. William Wood, ot Jamaica, who yoesteraay made an examination Of Maggie's body. He ‘expressed a decided belief that the wounds and bruises upon the person and the terrible lacerations were not inflicted as at frst supposed, but by some blunt inirument. Anda tur- ther fact, which is regarded as of special signiticance, is that the belt or wide ribbon which Maggie wore around her waist and which was used to strangle her with, was tied around the neck witha “granny’s knot,” such asa woman ordinarily makes, Another discovery was mado by one of the officers, however, which does not seem to bear out the theory that the woman was the murderer. Tracks of bare fori, as of aman andacirl, were found ina corntield, leading toa piace, where the corn bad been beaten down The man’s tracks were found leading out of the field, but not the girl's. and at the edge of the fleld tho man’ appears to have his boots or shoos on. The girl's trac on being — meas. ured, corresponded precisely with the size of Maggie’s feet. A inan who is believed to have made the other tracks was immediately piaced under survetl- Jance and may have been arresied late last night ‘Another man was arresied on suspicion yesterday by a Hempstead oflicer, and lodged in the County Jail. ‘The locality where the crime wae c&mmitted is known {he “Centre of the World.” It is tninly settled by ignorant class of people, very much like the ‘poor white trash’? of the Sout! a favorite resort for bounty Jumpers and deserters, THE NEWARK POLICE MURDER. Yesterday the Newark police arrested Reuben Roe, the keeper of » saloon on the corner of Howard and Springfield avenues. Roc has the reputation of being what the police call a ‘fence’’—that ts, 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 foundand been identified as being filled with the plunder stolen froin Bedell’s house. He is accusod with bemg an accessory to the Oschwald-Ryan crime, having, as alleged, concealed evidence from the police. He was held in deiault of $2,000. His housekeeper, Mrs, Mary Schwell, was also arresied and is held as a witness, THR MONAHAN MURDER Deputy Coroner MacWhinnte yesterday made a post- mortem examination of the body of Patrick Monahan, who wag killed on Tnerday night by bis stepson, James Mujhearn. The inquost wili be heid to-morrow morn- ing at eleven o'clock, and it was during the war | “SABDANAPALUS.” Bootn's Taxarns, Nuw Yonx, August 16, 1876 To tax Evitos ov tus Henaup:— In a free and great country ike this no man can be condemned unheard. 1 therefore ask you todo me justice by inserting thia refutation of the grave and groundless charges broaght against us by the flrppact and unscrapulous writer of the composition offered to the public yesterday as a criticism of *: * It we admit that the higher function of the press is to put all things clearly before the public, expose imposture and fostering all that ts good and trac—if we admit this, and I suppose that all mon do, I say that never yet did I know a critic so unexcusably uo- fair, 90 {alse 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 be saw, and with sorry gib 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 euterprise of two managers to pus before the pablic of New York tn this ali important centennial year a production that should be as perfect t could make it, that should appeal to the scholar and archwologist by its accuracy, that should be void of offence to the inost sensitive, and that should boas beautiful and enjoyable as the cognate arts of the theatre acting, music, singing, painting, duncing, harmoniously brought together, couid make it, He charges ua, for reasons best known to himself and wisely concealed, witb prosututing Byron’s “Sarda vapaius” 10 the ““{ramework of another Black Crook," and, with the funny bummer on a gentlemaa who has dined well, wastes balf a column in silly jokes at the legs and agility of the dancer He says Calveré baa cursed Byron’s to that little coarseness. difference as to his opinion. What 1 have done 1s in print and sold in the theatre, and the public and press can judge for themselves, I dure say, without the aid of this open-moutbed “Sir Oracie.”? His assertion shai “itis a crime against art,” ‘and made the frame- work of another Black Crook,” 1 most empbatically deny. The charge is a9 untrae as it is wicked and malicious. The intention was and is to inake all sub- 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 live, that there should be dancing, and revelry, and orgies. ‘The bright gems of the gittermg girls,” “the lascivious tinklings of jutling instruments,” the mid- night festival, the danciwg girls that surround “the efleminate thing that governs,” are byron’s own intro- duciions—uot introduced by us, Byron so places the ival that the assassination may take place in the midst of it Warned by Saiemenes and urged by Myrrha, the King defers the revel and orders it to be prepared in the “Hail of Nimrod” In all this, that your oritic pretends io regard ag heinous, we follow nothing but the story given and described by the auth The play de- manded a ballet, and from your critie’s view Jarrett & Paimer have sinued in giving a good one; for, though certainly the best I ever saw it has no unaue prominence, and, performed as it is before the Jasciv- jous King, it is in its place and serves the play. It would seem that your critic had eyes for the ballet only—that their legs and agility were to him 80 ab- sorbing that he saw nothing else on the occasion, oF how could he have penned such a sentence as this:— “The play was no more a representation of Assyrian life as it is supposed to have been in the ttme of Sar- danapalus than the Jardin Mabville or Moody and Sankey’s prayer meetings.”’ Io the face of what is seen ovory night vow at this theatre, what can be more atrovicus than this stupid statement? Every scene ts a careiully studied reproduction from Layard’s Nin- eveh by one of the first artists of cur time. The cos. tumes of the King, bis court, the charactors, the soldiers, the stanuard bearers, are literal ana faithful copies from the Nineveh Tablets now in the Britisy Museum. The amphore, the rhytons, the thrones, the couch weapons, are also exact repreductions. The emblems of Deity and brazen standards, the quaint regalia, the minulest ornament, even to the earrings, have ull been made expressly from tracings, at a cost almost unwarrantable. I'he whole mounting of the play from beginning to end deserves, I assert, rocognitton aé the most perfectly studied und accurately produced representation Presented in this cooniry or in any other. It 1s certainly sot from sueh frivolous writers I can hope to get this admission; but from the student and the scholar, who can see tie significance and perceive the amount of thought and work that underlies ali, I havo no fear of justice. My duties in Engiand limit, I Tegret to say, my days In New York; but if any gentle. man from your office will honer me with a call at the theatre I think 1 shall have no diflicalty in convincing him of the conscientious lavor and uncompromising fidelity to trath with which all has been prepared. In conclusion I can but express the sadness felt by all concerned that our efforts to advance the art of the theatre by this most complete production should mect with such unjust treatment in the columns of so im- portant a journal, Noone can better bear testimony ! than can, und do, to the good und trae intention of Jarrett & Palmer in tius work; their enterprise baa deen well directed, their motives jegitimate, thetr ns- pirations honorabie to them, and it will be discouraging, indeed, if any portion of the pubiic of this greatly Intel- ligent city are misied to mjurious convictions by the flippant misrepresentations tbat have unfortunately found space in your columns I have the honor tw be, sir, your obedient servant CHARLES A. CALVERT. RAPID TRANSIT. THE NEW YORE 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 switches or turnouts south of Thirtieth streot or maintaining any track whatever upon Ninth avenue north of Thirticth street, a Hxxacp representative calied at the company’s offices yesterday vo ascertain the immediate effect of this favorable dee cision and how far it would affect the progress of the works which had already been commenced. In the course of conversation Mr. v. A. Cow! the secretary and treasurer of the company, explained that no further diticuity was anticipated in carrying out ‘he proposed works. He gard that while the decision was very gratifying to tae Irends of rapid transit the judgment bad hot as yet been entered, but that it was probable work woulda be commenced to-day or to-mor- Tow on the switch extending from Forty-second street to Fiftieth street, 2,500 teet long; on that extending from Twellth street to Twenty-fourth street, on that at Houston street and on that at Liberty street" Alt the appurtenances of the road are in readiness and only await the necessary force to adjust them. It hay- ing bech suggested that there must have been a good many hands employed before the suit was commenced Mr. Cowiug staied that there wero over 16) men en- gaxea, and that had the operations not been interfered with the switches would have been compiletod in ace paratively short tine. There was now, ho said, no Opposition, except im the case of Mr. Patten, of the Pacitie Hotel, Greenwich street, who obtained an jajunction against the raising of iron columns in the immediate vicimity of that establishment. Mr. Cowing further stated that by means of these switches highly satisiuctory results woald be obtained and that up town residents would be greatly benefited. Instead of running trains every oighteen minutes, they woula be denpatched ever en and a halt minutes. The rao. ning time between the Batiery and the Park is calcu. Jated at thirty minates, There are now on* nandred and sixty trains run each day, and it is exPecied that when tle switehes are completed the travel will be jargely increased. Mr. Cowing added that it was not the intention of the company of continuing the road above Sixty-firat street for the present. 1t is understood that the swiiches will finally be united, thus makinga con. tinuous double track. “Mr, Cowing was very hopeful o the final success of the enterprise. A reporter ot the Hgratp also called at the office of the Gilbert Elevated Railroad at room 46, in the build. ing No, 71 Broadway, and found a notice on the office door to the effect that the “boy would be back in three minutes.’ ihe happy, human boy was found subse. qnently m the hallway making desperate efforts to cateh unwary bot exbausted flies, and he knew nothing hse than that Dr. Gilbert was stopping at Long Brape! MALARIA IN WALL STREET, For some time past the brokers and bankers in the neighborhood of Wall, Broad and New streets have suffered from malariovs fevers, and 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 ROXL008 as if proceeding from defective draing or cesspools. It was finally discovered that the areag ravnivg along New street, at the base of the St. Nich« olas Bank Buiiding, were filled with decayed matter, Vegetable and animal, aud some of the offices on New stroot becaine uninhabitable, Brokers and brokers’ clerks were taken ili, customers were driven away from the offices and the nuisance seemed to require | prompt attention atthe bands of the Health Board, Yesterday Dr. Tracy, connected witn the latter office, madp a tour of inspection, and decided that something must be done or the heaith of the locality would be seriously impaired. The drain pipes are all to be ex- amined, and the trastees of the St. Nicholas Bank—the owners of the whole vuiiding at the corner of Wall and New streets—wiil be required to lay bare all their | pipes for examination by the health officers. Tho first requirement, however, seems to be the immediate scleaning out and disinfecting of the filthy masses of decaying matter tn the areas on New sireey A MISSING LOAN BROKER. Mr. C. R, Field, a prominent joan broker of Chicago, hus been missing for the past two weeks, causing con+ siderable distress to his family. Several years ago Mr. Field suffered trom « disordered brain and wandered from his home, but returned ma few days apparently in good health, Apprehensions are entertained that he has bad areiapse, He was in New York on the 6th of last mouth and was stopping at the Fifth Avenue Hotel, from which place he ordered his mail to be sent to the Continental Hotei, Philadelphia, where he waa | toonrmveD ON NINTH PAGE: