The New York Herald Newspaper, August 22, 1876, Page 8

——- THE COURTS Estate of Charles M. Barras, of Black Crook Fame IMPORTANT DECISION BY SURROGATE CALVI The Law Governing Transfers of Stock. In the matter of the motion to confirm the report of the referce and creditors of the late ( harles M. Barras, of “Black Crook’? Jame, who was killed by a railway | accident, Surrogate Caivin rendered his decision terday, Proceedings were instituted by Wasiington Barras, one of the next of kin, for an accounting by | Hiram D, Barras, administrator, aud for th of petitioner's distributive share of the that cighteen months had elapsed since the the letters, The administrator dled his which numerons objec: uterposed, and the | matter was referred to Peter V. Burksell, who made | his report, dated Aprii 27, 1876, iled May 15 following, | | yns were Tho account, among other things, charged the estate with ceriam travelling expenses, expenses for surety on administrator's bond, for the stora 1 Apparel, (or advertising, telcgraphin, mount im by the administrator on tw gations of the deceased to the adminis r, A portion of tho | Assets consisied of a pay culled the Urook.”? The administrator — res: San Francisco aud fred a great deal of expense in notice to persons in different parts | country of t intesiate’s exclusive use | “Black Crook, warning others agatnat ssing on his rights. On the hearing before the » aud creditors the adimimistrator detailed the Various expenses and the necessity for their beimg m- curred, and gave evidence of the authority to pay din two obligalions for $1,000, purporting to Le dd by the intestace, With interest from the daie of retilement. Several witnesses testified that the si ature to the obligations Was that ol the intestate, the vn'y contradiciory evidence beimg that of two wite | esses WHO € vd that they heard the administrator say that be bad no nove of the claim excepting ater | ter; bul this was denied by the administrator. An ex. | pert aiso testitied that the Siguatures to certain chee conceded to be signed vy the deceased, Were different | from the signacures io ihe obligation, Tue releres in | his report disallowed a number of the admmnistraior’s charges and the claims, on the ground that they w not signed by the intestate, tis report the ad- minisirater objected upon ious grounds, the most | ‘mpoertant of which were that the — referee did not file lus report within sixty days; | that he assumed to rule upen the udmirsion ct | testimony; (hat be aisullowed — nec y ex: | penses; that the Undings are contrary to law | and evidence. The exceptions were considered in de- | tail by the Surrogave, who decides that there 14 no time limited iora report of areiereo; that there is no reason | lo doubt that Whe referee Was vested with autnority to | Pass upon the questions of the edmuissipility of testi. | ony; that itis mapracticable for this Court to pass wyou the question tion to the disalicwance of the claims, he hoids, is well | is ciilicult to underst estim Of the expert Was competent. Lie Surrogate concinies | ax follows hink the report of ti De modified, and as to the Various items of expense disailowed by the referee, 1 am not sufliciently ade taken, ast vised by the papers before me to pass upon the ques thous more defluitely tuan 1 have already done, put af | the administrator is of the opinion that injustice has been done tim iu these respects, he may have «new Feicrence on these questions, such reterence to be nad et his expeuse.” | i} | capa | TRANSFERS OF STOCK, am the suit brought by Jobn C. Conner, Jr., against the New Jersey and New York Railroad Compary, | David P, Patterson and Henry C. Deming, tried betore Judge Speir, at Special Term of tho Superior Court, a decision was given yesterday sustaining the demurrer to the complaint, but with leave to amend the same. The action was brought on account of the reiusal of the vefendants to transfer to the plaintiff! some 4,500 shares of the company’s stock: the defendant, Pat- | terson, being resident of the company aud Deming the Secretary, the eigim being that it was their duty to make such transfer, The demurrer was on the grounds that there is a defect of parties, a misjuinder Di causes Of action and Hot suilicieDt lacts to coustitute Acause of act\on, Juuge Speir overruled the tirst two points, but holds that there was nothing in the complaint to show that it was the tuty of the President and cretary to make the transfer in question; that it contained no ailega- lion that they were bound by any c! contained in the eertilicaie, or that there wos any law or resulution by which any duty was created imposing upon thein as officers of tue corporavion nts of otherwise to make the transier; that, thing is sLown in the complaint how transiers of stock were to be m: y Woat persons or oficiais as larly Whether the president and secreta dor under any iegal obhgation to periorm ty, und that until that appears it cannot be Ine Jerred that they ure Hiable for the non-periormance ot duty uot imposed by la SUMMARY OF LAW CASES. vames Bailey, one of the contestants of the will of the tate Alexander T. Stewart, appealed yesterday trom | the Surrogate’s order admitting the will to probate, and for proof thereof to the Supreme Court, He filed | @ bond for $100. The examination of Captain J. S. Grindle, of the ship St. Mark, who was arrested on a charge of cruvl and unusual punishment, which was to have been con- | tinued yesterday, was adjourned until to-tnorrow. Suis were began yesterday in the United States Dis trict Court aguins: the following delendants and their | sureties on Warehouse bonds:—J. & S. Budell, two | cases, § id £148; C. Morlot & Co., $34,000; B. Urtega, $300; Paul Valve, $700. On motion of Colony! Hart, counsel for the next of kin, Marly Hanlon, who petititions tor the removal of | Jone Kerrig ministraior of bis wife's estate, on | tho ground of incompetency, Surrogate Calvin yest day ordered a relerence to Heary Wood to report as to | the fees, | Wilnaia Welton, a liquor dealer doing business at | No. 13 Water street, was arrested yestersay by a | deputy United States marsbat on complaint of Col- | lec Bike, of tue Thirty-second district, who | Charges tim with selling Liquor at wholesale and retatl | ing the spectal tax required by law, Wel- | fn belore Commissioner Shickis and ad- | 1 to await exam:nation. pold got judgment by delautt againet Freund | & Aiwers for am A motion was made yester- | tay by Colon orge H. Hart to oven the detauit on | the ground that an imphed warranty followec le of q@eat, On the other hand, i was chatted that the doc trine of caveat emptor should apply. Judge Dononue granted the me Harrison avd tailers, were yeste In Supreme Court, corpus sued out by Mr. on. ewart, the so-called boarding house lay brought before Judge Donohue Chambers, on a wet of habeas | Wiliam F. Howe, their coun- sel, Their discharge was vigorously urged on the | ground that there was not suflictent evidence to bold | them. Judge Donotue thought otherwise, dismissed | the writ and remanded the prisoners. Bryan Cunningham, indicted June 10 by the Gen- eral Sessions Ground Jury for 9 telopious assault, was Drought betore Judge Donohue yesterday on habeas corpus. His counsel claimed the ‘prisoner's discharge on the ground that he had been im prison two months without trial. In opposition tt was contended that the motion shoui! be made in the General Sessions Court, Judge Donohue so beid, and remanded the prisoner, DECISIONS. SUPREME COURT—CHAMBERS, | By Judge Lawrence, | Wallace & Sons vs Castle.—ihe Clerk appears to | have been right in striking the sums of $100, $2 from | the amounts charged tor costs belore notice’ of trial, and for the service of i aetendants, The | Putute allows im these ense to the plain wf, and not $25, belore notice of tr [ cannot a-certain | from the papers that there w that the third endant bad been served. was, in my | DprMion, entitied tw the st allowance under sece | Bon B08 of the ¢ As it not appear how many | The pk Motions have been mad i Vits or acknowledg- | ents taken I shall susiain tho Clerk's rulings in re- Ppect to these Hew The disbursements tor printing | Cases end points should have been allowed f the | order of the General Term. The Clerk wili also ve sus- fained in the taxation of (ie amount allowed for copy- | Ing papers, for tho reason that notaing appears ta the fapers to show (hat he erred in tho adjoxtment as to that item, With retorence to the disaliowance of the tem charged for Sherit’s fees i uppears that Clerk was correct in nis action, tot be- | Gause it wae premature to tax the Hom, because there bad been an appeal trom tt Fo the Court of Aj: Is; but because, ander 13 of the code, the | herifi’s compensation slow ve been fixed by the Officer iseuing (he attachment and also becauss there was nothing before the f what items the bili wae compored, ‘There rhould Le a readjustment of the costs and disburs.iments iM accordance with the Flows above expresse: | Ry Judge Donotue. Jac Company vs Mansfeld, — Consoidated Frui Motion denied. In the maior of Schultze. —Writ diemissed ; bint re. | turued to mother; iaiher must have liberty to see tt. Pam, &e., vs. Titmar. Granted. | In the matter of Sopliie Stien, Child to remain with goifather for the present, with Ieave to the relator to apply on jurther fects, ‘ciikamp vs, Goodchtid. —Order granted. Ammerman va Bartow, &¢,—Motvon granted. Lewis va Ross. —Memorandum. 5 RIOR COURT—-SPECIAL TERM, By Judge Speir. | Connor, Jr., vs. ihe Now Jersey and Now York | Railroad Company.—Judgment for tho defendanis, Demming & Patterson, on the demurrer, with usual leave to answer. Seo memorandum, McDonald vs. Abenroth,—Counse! are requested to for stay | quantity of iron, thereatter to arrive, at prices named | brokers, ¥ aditor showid | | words: — | of Bast Fitty-eighth street, | Jobn, her husband, to the resens, | ured, | lars dropped a submit brief end arbitrations by the 28th of August inst. Harris vs, Burdett —Charge settled. Hirsch vs, Mead et al. —Relerence o: Marchant vs. Fox; Wagetai! vs, Smith; Mattnacht vs. Stemmetz; Burchell vs, Combes et al; Strupman vs. Muller et al; Windonaller vs. Wiley et al; Bur- chall vs, Combes,—Orders granted. COMMON PLEAS—SPECIAL TERM. By Judge Van Bront Fry vs Karl «nmi others; Fry va Murphy and others. — Orders of reference to compute. In the matterof James Moore, &c., infants, —Order contriaing referee's report, See memorandum. Leopold vs. Freund and another.—Motion granted on conditions See memorandum. POLICE COURT NOTES. An examination was bad by Justice Morgan yester- | day in the case of Thomas Varley and Thomas Nolan, of the Clinton House, No. 305 Bower, dragging and robbing Celestine Pouz Viymouth, Ohio, of $220 and prisoners’ were’ hovoravly against them being wholly At the Washington piace Volice Court yesterday Michael Holland, a vutever, of No. 443 Wost Thirty- eighth street, Was held lor stabbing and severely wounding Lawrence Ward, of No. 625 West Twenty- charged with a brewer, of '¥, a dealer in second hand clothing at No, 132 Greenwich street, was fined $26 by Jastice Murray in the Tombs Police Court yesterday lor purchasing a coat valued at $10 wuich liad been Stolen from Robert Walkins, who keeps a store next door, and failing to make a tnemorandum of it as the law requires. dob Shea was heid (or 1 £1,000 bail, by Justice Murray, tor burgiarionsly enteriny the office ol Clarence W, Nobie, at 104 Broadway, and carry- 3. sng olf property valued at Joseph Wilhams w. held for trial on a charge ot ing a pieew of c Volued ut $0 from Moses dehwartzbauin, wt N Greenwich street. Ofc: Abeara, of the Sixth precinet, found the goods in his possession. COURT CALE DAR—THIS DAY. Surnewe Court—Cuannens—Hold ndge Dono hne.—Nos. 31, 44. 46, 51, £6, 57, 61, 67, 8, 91, 94, 109, 121, 146, 148, 150, 156, 158, 150 (two Cases), 153) UNITED STATES SUPREME COURT DECISION, SALE AND PURCHASE-—THERK CANNOT BE ONE WITHOUT THE OTHER—WHERE ONE IS SHOWN BOTH ARE ESTABLISHED. Wastuxetox, D. C., August 21, 1876, No, 209, Bonjamin F, Butler, plaintiff in error, vs, Alexander A. Thomson and William Thomson—In error to the Circuit Court for the Sonthern District of New York.—The plaintiif alleged that, on the 11th day of July, 1867, he bargained aud sold to tho defendants a and that ihe defendants agreed to accept the samme and pay the purchase money therefor; that the iron arrived in due time, was tendered 10 the detend- ants, who refused to receive and pay for the same, aud that tho pluntif! afterward sold the same at aloss of $6,081, which sum he requires the detcndants to make gooa to him, ‘The deleudants interposed a geveral demal, Upon the trial the case came down to this:—The plant yed certain brokers in the elty of New York to make sale of the expeeted iron, The brokera made sale of the same to the de‘endants at twelve and three-quarters r pound in gold, cash. lowirg memorandum of salo was mado by the , y 10, 1867. Butler & Ci s. AA. w York, Russia arrive at New ve und three- 8 conte per pound, gold, cash, actual tare, Iron due about september 1, 104 WHITE & NAZZARD, Brokers. The defendants contend that under the statute of frauds of the State of New York this contract 1s not oviigatory upon them. Tho Judge before whom the case Was tried at the circuit concurred in this view, and ordered judgment for the deiendanta, It 18 trom this judgment that the present review 18 taken. The provision of the stature of New York, upon which the question arises (2, R. 8, 156, sec. 3), is in these ivery contract tor the sale of any goods, chattels or things in action, for the price of $50 or moro, shail be void, unless’ (1) a note or memoran- dum of such — contract be made ia — write inz and be subscribed by the parties to be charged thereby, or (2) unless the buyer ehall accept and receive part of such goods, or the evidences, or some of them, of such things in action; or (3) uules® the buyer shall atthe time pay some part of the purctiase mon The eighth section of the same title provides that “every instrument re- quired by any of the provisions of this title, to be sub. scribed by any party, may be subscribed by the iawtal agent of such party.” There is no pretence tuat any of the goods were accepted and received, or that any part of the purchase money was paid. The question arises upon the first’ branch of the statuie—that a memorandum of the contra t shall be made in writ- ing, and be eubscribed by the parties to be charged thereby, The deiendants do not contend that there 18 not a snilicieny subscription to the contract, White & Haxvzard, ho signed the instrument, are proved to have been the autuorized agents of the plaine Uf to sell and of the defendants to buy, and their sig- bature, it 18 conceded, is the sign both of the dotendants and of the’ piaintifl. “The objection is to the sutliciency of the contract self The written memorandum recites that Butler & Go. had sold the iron to the del ants ata price named, but it is said there is uo recital that the defendanis had bought the iron, There if a contract of sale, it 18 argued, bus not a contract of purchase As we un: derstand the argument, it is an attack upon tb contract, not only that it is not in compliance with the statute of fraud, but that 1% 18 void upon common law principics, The evidence requirea by the statute to avoid fraud and perjuries, to w Tt is held th a written agreement, is present. (here cannot be a sale without a pur- ase, hor a seller unless there is likewise a pur- chaser. A saie is a meeting of Uwo minds by which a title passes from one and vests im another. A man cane not sell a chattel and still centinue to be the owner of it, When, therefore, the parties Mutually deciare in writing that Butier & Uo. have sold a certain vmoynt of irou ty Thomson & Co. at a price named, there 1s ine eluded therein a certificate and declaration’ that Thom- son & Co, have bought the iron at that price, Re- versed. Mr. Justice Hunt delivered the opiuion. THE FIFTY-SIXTH STREET RIOT. John Cody, who with histwo sons wero arrested cs participants in the West Fifty-stxth sireet riots, was adinitied to bail in $4,000 yesterday by Judge Kasmiro atthe Fifty-seventh Street Court, An additional ffl. davit against the accused was made by Hugh Fitz- patrick, one of thoge who had Cody and stightly wounded in the bead, tor J it General Sossious without the alternatt to any sMount. Au examination was accorded er and James, but not beng ready to xo es Will De fent at once to the Patrick Cody says great injustice im by the statement that be has been He says he has never been there, $2,000, but he was unabie to turmeh esters in State Prisoi RECRUITING FOR GAMBRINUS, John Meth, aged cleven years, side at No, 4 at the Pils, of imtoxicat: . Whose parents ro- West Fifty-third street, was arraigned seventh Street Court yesterday on acharge n, He said that Peter Roth, a brewer, forced him to drink four glasses of lager, which made bimdrunk, Roth was fent tor by the and admitted uaving given the boy the inger, but demed having foresd him to drink i. A charge of dvorderly conduct was taken against him, and Le was held in bonds to be of good behavior for six movths, ia addition to being faed $10, The boy was discharge TENEMENT HOUSE AFFRAY. About midnight on Sunday last Michas! Guilfoyle and John Marshall, of No. 11 State street, Brooklyn, went to sottie a grievance of Guilfoyle's against one Jobn Sullivan, On entering the hallway they met Mrs, Sullivan and struck her. Her screams brought He procecded to i, who got a torrbly battered seal and was so disfigured 9 to be unrecognizable. Gutiloyle Was khocked seuseless with a viow ou the bead, ealt him wht a siene by a woman, Patroimen adman, of the First precinet, arriving on the grout wounded men’ were removed erry street, in ap ambaianes the Third preciuet, then ai ad some bad wounds on the head y stated at the bo-pital that Mrs, mon the head with a barrel stave belabor Mar: Detective resied Sulliva and Guil Salven struck | n Mrs, Ellen Marshal, wife of Marshall, said that Mrs. Bridget MeNally threw the stone, whereupon Mra. MeNa taken into custody. She presented a pithibie stent, being badly beaten, Bail was yestordoy rotused by Justice Delmar for the prisoners, who wore committed to jaik Guilfoyle’s skull is fractured at the | vase, and ibis) feared that artery Las beeo rup om Which a blood clot is forming on the bra Last evening lis condition was very critical, MAYHEM. Roundsman Barry, of tho Ten’h precinet, Brooklyn, arrested C e Groot, of No 605 Washington ave- cowpiaint of Witam Kelly, brotheran law of artes nue, the prisoner, whom be charges with having bitten off tho Up of bisear duringa quarrel between them. © sis held mination veiore Justice Semler on charge ot m BURGLARY FRUSTRATED. The chemical works of Clifford street, Nowark, we hy burglars, While & Co, in a fow nights ago aor the burg. match among some hat cotton explosion took piace the piace and did $2,000 seare! tor p in course ot which shot the robvers worth of damage, No arrests. for him j} been shot by Patrick | Bail was fixed | Patrick has Ceen tully committed tor trial atthe | of giving bail | THE RESCUED FENIANS. HOW THEY WERE TREATED YESTEBDAY—THE CATALPA, Crowds of visitors swarmed § around ©’Donovan ‘Rossa’s Hotel yesterday, anxious to get a view of the escaped Fenians, but without success, The men rose early and took their several ways to visit their friends. Belore they left they held a meeting, at which no one but themselves was present, and the nature of the business transacted they did not wish to make public. The bark Catalpa, which is still lying off the Battery, is the subject of much curiosity, amd boatioads were carried to and from her during the day, The story of the rescue was toid and retold, and the whalevoat in which the prigoners made their eseape was critically examined, ‘Trifing souvenirs were eagerly sought alter, aud every little article in any way associated With the enterprise was held in high appreciation, Tue Catalpa will sail this morning for New Bedtord, THE FERRY FRAUDS. TRIAL OF THE ACCUSED TICKET COLLECTOR OF TRE DESBROSSES STREET FERRY. The et of Morgan Docker, a ferry master at the Desbrosses strect ferry, Who 1s chargea with forming a conspitacy with several others to detraud the Pena- sylvania Ratiroad Company out of a large amount of money by the resale of tickets recoived from passen- gers at the terry, was called up before Justice Murr ip the Tombs Police Court, yesterday for examination, It will be remembered that two others who were con- for trial in default of heavy bail a few duys ago, Mr. Wiliam M. Plattn | was also concerned in the conspiracy, was eailed to tho stand He stated, in answer to the questions of coun- charged from the i the present year, having been du oad on the 200 employment of the Peunsyivania K of September, 18) the company at Jerse: | the Ist ot Septem {rom the ist of April wuul Al Desbrosses street, York, from the iaty date until ti ith of Decem On the Ist day of October, 1575. he was at Desbrosses Sireei collecting under Morgan Decker, Who Was ferry master. On (hat date he kept 100 passenger ferry wek- els Which should have been deposited im a locked box provided by the company for that purpose apd carried them to Decker, who resold them and afierward divided the proceeds with hitn. Ho dgnied that they’ hau made auy previous arrangement or that eith party oke a word when he — deliv | the’ tickets They ailerward met on one of the ferryboats going to Jersey City, when Decker sat | down beside Lita and shipped his share of the procecds | into his band under one of the iron arm rests rour gentiemen’s cabin, He denied any expeetation of a reward trom the Pennsylvania Railroad Company, or | any person connected therewith, for making the coi | plant against the others. Counsel tor the del | asked him if he did wot siate to Judge Pawlin, of N! | ark, on the 6th inst, the day before he made the com- rc ed pany. He answered that he aid not remember saying Mt, but Would not deny that he did say if, bus he would swear that he ald not expect a good situation from the company for bis action. lie stated on further questioning that he was living at present at the St. Nicholas Hotel, be went there at the instiga- ton of Mr. A.W. Gwynner, auditor of passenger ro- ceipts tor the con he'pever paid any bills there, but supposed they were paid by the Pennsylvania Rati: road Company. A question of counsel for the defence as to what his motive was for making the complaint Was objected to by opposing counsel After some further unimportant testimony tho case was adjourned until this morning,’at eleven o'clock. POST OFFICE ROBBERY. Albert Meisel, late in charge of the money order de- partment of the Brooklyn Post Oifice, whose arrest for embezzlement was reported yesterday, was arraigned before United States Commissioner Wilsiow, and pleaded guiltz to the charge. He was held to bail in the sum of $5,000, the two sureties being required to justify in the sum of $10,009 cach. Assistant District ‘Attorney Hull, who appeared for the prosecution, said that the punishment for the offence ts not less than one year nor more than ten years imprisonment. The roblery was discovered on last Thursday, when a cit- izen called on Postmaster Ta:bot and snowed bim a receipt fur $50 which he bad sent im June last to a triend in Germany, but the money had failed to reach its destination, Au examination of the books of Meisel elecited the fact that there was no entry made of the money. Meisel went on his vacation Joly 29, and his absence beyond the time allotted for his return increased tho anxicty of ine Postmaster in tbe case Closer examination showed that five German and two British money orders had been drawn by par- ties and the money hud been kept by the prisouer. On last’ Friday Meisel was seen by the Postmaster on Myrtle avenue, but, though followed, he wanaged to get away. On Sunday he was surrendered to Sir. ‘Talbot Uy his tather, His bondsman, Mr. Philip F. | Lenhart, of No. 32 Walton street, gave a check to tho | Postmaster for the amount taken, which aoes not exceed in the aggregate $209, The prisoner, who had been two years in the money order oilice, expressed great penitence and begged to be forgiven, saying it was his intention to return the money, which he took in small sums, but it accumulated so rapidly that he found himself unable to conceal the crime, and dreaded | the exposure which hos now overtaken’ him. He 1s twenty-four years of age and has a wife and two chil- dren. THE GARBAGE Wak. Judge Barnard, in the Supreme Court, yesterday, granted an extension of twenty days, on iotion of Counsel for the Brooklyn Board of Police Commiasion- ers and Superintendent Campbell, against whom action is brought by the Mayor of the city of New York to restrain them irom interfering with New the York Street Cleaning Burean im the matter of dumping garbuge in the Lower Bay. Tbe motion was based on the tact that Counsel for Police Board had been so constantly busy that he had not had ume to prepare the necessary paper: i STRANGE VISIONS, Officer Grady, of the steamboat squad, yesterday | found aman wandering along West sirect, declaring that the arr was full of angels and manifesting other symptoms of hysterical mania. The officer took him to Headquarters, where he gave the name of Thomas Beach, but from papers on his person his reai namo ts believed to be Thomas Higgins. Te was formerly an tinthe service of the Peruvian government, i belongs in Marysville, Cal It was also learned that be had been an inmate of the United sts | lum in Washington, He stated that he eame to New York to find a friend named George Wilkes, who ree sited in Mineola, I. 1. The unfortunate man was de- | tained at the Central Oflice until bis friends could be | beard trom. A FORGER ARRE! TED IN ERIE. Last Thursaay a detective whe was watching for train wreckers on the Lake Shore Railrond, in Erte, | Pa, heard two men talkiag in an undertone near the depot. Their conversation was so suspicions that he arrested them, Instewd of being train wreckers, one | of them proved to be implicated in the Hemphill | forgery exse, which oceurred in Philadciphia some time Letters were found on his person of a starting ure, and he soon contessed that be was Hemphili mseif, A telegram Was sent to Pinkerton, and be said, “Hold the young than.’ The arrest caused much distress among the prisoner's friends in Philadelphia, Me ts wel) connected, and was reared in wealth and lusury. He lost his ‘movey at stock gxmbling, and then forged his tather’# pame and was obliged to fie A reward of $1,000 was offered tor his cap. | AGAIN, torday tho Hempstead Reservorr litigation came up again in the Supreme Court, Kings county, before | Judge Barnard, on an ap tion of the Corporation "| Counsel of Brooklyn to add the motion for an order to show cause why a mandamus should not be issued against the Bourd of City Works compelling them to finish the reservoir, It had been denied by counsel for the Commissioners of City Works that there Ww: $250,000 in the water apphtanie for re ervoir purposes. | Corporation Counsel said, absolavely false, He simply wished to introduce tbe simple fact that thera was sach an amount in said fand applicable, Judge Barnard gave the desired pore mission to make the addition requested. Counsel for | Commissioners said he was willing that Corporation Counsel should deny what he haa alleged in regard to the water revenue fund, but be sid the money was not there. A BROOKLYNITE MISSING. The police of Brooklyn have been notified that Mr. Charles Naffey, of No. 585 Third avenue, has been missing from his home since Thursday, the 17th inst, and fears are cutertained for his safety. The missing s forty-nine years of age, tive fe inches in ight: bas dark Complexion and black side whiskers, When iast seen he wore a dark coat, tieht pante and black felt hat, The little finger of his leit band is gone. AT COMMITTED. Yesterday Caste Von Goserwinkie, who eut tho throat of Jobu Topp, a Hicksville (lL. L) farmer, on July 24, was yesterday arraigned for examination by Jastice Waish, and held for the Grand Jury, Von Goserwinkio, who is forty years of age, pleaded not guilty. He was | sent to jail ‘A CUTTH nected with Decker in the conspiracy were comimiited | dus Uekel collector tor | plait, on board the steamboat Novelty, that be bad a dirty job to do next day and that hy receive | $500 lor doing it from tle Pennsylvani ad Come HERALD, TUESDAY, AUGUST 22, 1876.- De ITTTEE MAGGIE BAUER. The Coroner's Inquest Commenced as to the Murder. HUNTING FOR THE ASSASSIN. The Chain of Circumstances Closing Around Catharine Hoffman. Coroner Hicks yesterday commenced tho inquest in the case of little Maggie Bauer, 80 foully murdered just a week ago at Foster's Meadow, L. I, District Attorney Downing was present, and questioned the wituesses, several of whoin spoke and understood English so im- periectly as to render it necessary to have an inter- preter, Some tbirtcen witnesses wero examined, whose testimony, it will be seen, although no¥ directly criminating the Woman Kate Hoffman, tends strongly to contirm the impression of her guilt Mre. Bauer, the mother of the murdered girl, was the first witness called, Her daughter's namo was Margaretta Bauer, and she was eight years and | nine months old; on the morning of the murder Cath- r, who makes the compiaint and | sel, that he was a resident of and a constable ia Newark, N. J.; he was appointed to the | latter position «on =the = Mth of January the | arino Aoffman came to the house about ten o'clock and rent word by Mrs, Urilla that she wanted to see her sou on the road, but the boy had gone to the city with Mr. Bauer; witness afterward iw Catharine on the ; roadand her husbang with her; Catharine said she bad come to see her husband and boy and was going to Rockaway; Wilpess asked ber to come to the house and she did so; Maggie and the two other children were playing behind the house; Catharine’s husband came im for some change, waieh he gave to her; Maggie soon afterward came in and said Catharine wanted ber to show the way to Valley Stream; this was about one o’ciock; tho y ax well as Magyie, but allowed Maggie to go, as she said she wes not afraid; Catharme had on a ‘-redin- goto”? overskirt; Maggie was barefoot aud had ona striped calico dress and bonnet; when she saw the body tho next morning the clothes appeared to b> “mussed,” bat could torn; a belt ribboa was tied around neck; a year or two previously she and Catharine ad some words of an unpleasant <ha‘acter together; Catharine had been there subsequently, but witness had not seen her; Catharine and her husband had no qvarrel that witness knew of; they had made five or six efforts to keep house, but hud not succeeded; wit- ness thought that Catharine kaew the way through the woods a8 well as her daughter; Maggie was tail of her age, but very slim; wituess was on good terms with her neighbors, so far as she knew; two brothers named Ruodes lived near by, one of whom had been in State Prison, Witness described the direction of the roads, ava said that Catharine and Maggie must lave gone past the Rhodes? house; the body must have been car- ried to the spot whore it was found, Witness described tho measures tuken to discover Maggie alter she was missed, her account beirg corrovorative of the pub- lished accounts. Mr. Hummel’s family and the Bauers were intimate, and Ma: would not have been afraid of him had she seen him, as related by Catharine, Witness knew very litde about the man Collins who had been arrested. Witness deserived the appearance of the body and tho nature of the injuries, fhe right arm .ooked as though it had been violently grasped, and it seemed disiocated at the shoulder; Kate Hofman came to the house the next moruing and made wyreat lament over the body; puiled one of the stockings off and kissed the foot, say? “My God, my God! It is me that caused your death!” and making other outeries, 60 that at last the officers were requested to ask her to desist, as itcaused witbess and her husband to feel badly. Witness said that on the same day, when she found that Kate bad not been to Rockaway, she told her (Kate) that she had hed to her. Witness was con- siderably allected during the delivery of ber evisence. Leonard Hofiman, Kate’s husband, testitied that he was married to Kate at Jamatea in 1862; ler namo was Catharine Francis; they did vot hive happily t gether, though tuey had made several efforts to dos he had said that if she would do better he would hve with her again; this was in May last, and they pro- posed to go to housekeeping; he gave his wile some money, and she aud another Irish woman got drunk, so he refused to go io housekeeping with her, ‘or to live with her; wiiness saw no more of herunte! Monday last, wien they bad a brict converea- tion; she said she Watted to go to Far Rockaway, and askel for money, Which he gave her; sbe asked bim to show her the way, but be said he could not, and suggested that Maggie could go; Kate was a di ard, ana he could not live with ber on that account; she also had a bad temper, and once threatened him with un axe; witness said there was ‘po (rath in ber,’? and “When she's good she’s very good, and when she’s bad she’s very bad;’? on Wednesday his wife called him into the ‘room Where the body Was; said Maggie had been killed, and began to cry; on the Dight Mayzie Was missed withess was out until midnight bunting for her; he was sure his wife knew the Way through the woods; she left the Bauers’ house a hitle before ono o'clock, and she and Maggie walked slow sue some. times treated her own children very rougbiy, swinging them around by the hair; she Was of a spiteful nature, And was arrested once for using vad language. Char'es Hammel, whot saw Kate pass the well where he was on Monday aiternoon, testified that be was intimate with the Bauer family; he saw Kate, but not Maggie, near two o'clock; Kate was up by the weil when he first saw her; he did not know in what direc- tion she came, and it Was not truc, as Kate said, that, be suw ber and Maggie togethor; Kate asked the pearest way to the Valley Stream depot; she did not ask Joradrink; she woked red in the face, warm and sweaty; she must have come from ihe Bauers’ way; it would not take more than ten mimutes to walk to Bauer's house, Angelne Van Wickien, another resident at the Poorhouse, testiled that she bad known Kate Hoffman four or five years; she saw her on Monday evening about seven o'clock; she lefi on the thursday previous ; at umes Kate extibited bad temper, and witne: thought that in ner fits of bad temper “she would soon kill anybody as look at them; at one time she threw a meat chopper at witness, and it stuck im the door; sbe hada number of times undertaken to clear the house; on the Monday evening Kate said Wulie had given her ; she went jo Bauer's, but did not sec her husband or son, as they were down in the meadows; Maggie Bauer came through the woods with hor, and she gave ber ten cents and kissed her goodby at Hammel’s barn; witness had beard Kate wik of the Bauers, and she “wished the curse of God might fali on them and they might never have a day luck im the world;” had heard her use similar ans guage repeatedly ; she was very violent at times; when she returned to the Poorhouse on the Monday evening she complained of being tired and footsore and carried her shoes in her hond. Saruh J, Archer, another inmate of the Poorhow testitied that on Monday might, appeared strange: tore quiet than usual, and taking snu!l very fre- quenily ; she said ehe bad got some money from her gon, Wille; Kate came pone barelooted, carrying her shoes; when witness went into the reom where Kate Was the jatter rusued out suddeniy, but returned soon afverward. Nolan, who was an imate of the Poorhouse a testified that she knew Kate Hofman and rd her give Mrs. Bauer her curse and God's curso on her snd her whole family; had heard tt ree peatediy; the reason given was that ber husband worked there at $10 4 month, and it was too cheap; Kato had frequent fits of violent temper and had once struck witness three times; had eeu ber strike other peopie. Warte E, Hempst min. Rider, Overseer of the Poor of the town of 4, tostilied as to his knowledge of Kate Hoff * He understood that her temper was very v0 Atone time he was forced to send her to the y Jail; she is violent, both drunk and sober, and ery Mauch disturbed the peace of the bouse. Mre. Margretta Cash said that her litte son was ou: minding the cows that afternoon, but her daughter was at bo The witness related that, in the evening after five o'clock, Jookipg after ber cow, she saw something peculiar in the cornield, where the maruer is supposed to have been committed—some- thing white, winch suddenly disappeared. (The same appearance js understood to have been observed by Mra. Hummel.) The inquest was bere adjourned until eignt o'clock this mornsag—the jurors beimg cautioned to hold no communteation with any one meatime m relavion to the case. Some of the testimony to be introduced to-morrow, it is expectod, will prove interesting and important, A Mra, Tice, tis understood, woo saw Kave Hollman when sbe arrived at Valley Stream on her return trom Foster's Meadow, says stat she acted im # pecuhar manner, trequeny looking behind her as though sears ful of being pursned, and there will be further testi- Mony as to the declaration made by Kate hersell, A close exatalnation of the clothing worn by her on the day of the murder hus resuited i the discovery of two kinds of bair—one dou her own, but the other resembling that of httie Maggie, hghtand curly They will be pisces under a microscope for examination, The theory of rape is sull entertained by some per- sna, among thein Coroner Hicks, who thinks that the position of the body when found and the condiuon of the earth at the ieot warrants it, REALLY GOOD TEMPLARS. At the last session of the Good Templars of New York county the following resolution Was unanimously adopted:— Whereas we, 6 ie H’arks to p daily of its and rendering tho mon good to our eity; therefore be i iat the Board of Aldermen be asked to pass an he Commissioners of Parks to put the same iu order without deliy. y not i whethe! y | Rink Srl wnOLneR Shey | were | day morming at Glen Cove, at three o’ciock, alter a fine the | passage from the Azores, Tho St. Marya, it will be ree Le dibs, Ee etna Se ACCIDENT TO THE STEAMER ARROW- SMITH, A FIERCE WIXD AND HEAVY SEA CAUSES THE BREAKING OF HER @HAFT—SIX HUNDBED PASSENGERS ADRIFT IN THE SOUND. Norwa.k, Conn., August 21, 1876. On Saturday Inst, at a quarier to three P. M., the steamer Atrowsmith, Captain Auderson, lett pier 37 East River, New York, for this pla She bad on board about 600 passengers. After passing Fort Schuy- ler and entering the Sound the steamer encountered ugly chop seas, caused by a tierce wind blowing {rom the eastward down the Sound ard a strong head tide. The steamer, when within five miles of tbe harbor of Greeuwich, met with an accident; the starboard sec- tion of her shaft broke in two wt a pot about four feet from the paddle wneel, tearing the woodwork fear- fuily und sending splinters tly:ng in every direction, The steamer C. H. Northam, tor New Haven, was in sight under the Long islaud store, The Arrowsmuth’s stewin Whistle was sounded long and loud im the hope of aitracting her attention, but, being enht miles away and a heavy wind blowing, the siguais oi distress were not heard. Heiplessiy drilting with the trough of tne sea the Arrowsmita rolled lke a drifting log of wood, to the aiscomtort of passengers, many of whom were ladies, ‘Tbe steamer La trom New York for Bridgeport, heard the sizuais sounded und, taking mm the situavion, husteaed to the scene of discre A line was made fast to the disabled steamer, and the Laura, turning severs! miles out ot the regular duily course, towed the steamer into smooth water, The propelier towboat Alert, trom Stamiord, was at hand, and relieving the Laura, conveyed the Arrow. smith io the woarl at Greenwich, where the pussen vers took trains by the New Haven Railroad for tue destinations, ‘They were delayed on the steamer about three hours, despite the efforts ot Captain Audersoa and his wen, who did ail in their power to hasten thoir reacbing land, COLLISION O THE EAST RIVER, Yesterday, about three P, M., the steamer ©. H. Northam, of the New York and New Haven line, wi on her way up the East River, when she came in coi- lision, at a polat off the Fulton ferry, Brooklyn, with the schooner B. F. Arnock. The latter vessel, which 18 from Forked River, New Jersey, was on the starboard tack, bound down the river, when the steamer struck broudside, making a hole in the schooner and using her to capsize, Three men who were on the Arnock Were picked up out of the water by rowboats, cht Catharine know the | 24 the vessel, which had no cargo, was towod in and moored to Harbeck’s ducks, jured, THE SCHOOLSHIP ST. MARYS. The nautical schoolship St. Marys, Commander Phy- thian, United States Navy, commanding, arrived yester- The steamer was unin- membered, has over 150 boys on board, who, under the auspices of the Board of Education, are learning the profession of the sea and qualifying themselves for ac- ceptable positions in the merchant marme, During the winter months the vessel lay at the foot of Twenty’ third wer st River, and the students: were t- strucied in the various branches of seamanship, besi¢es receiving general education. The resuit of the ex- periment proved very salisiactory, for, at an inspection held under the auspices of the Chamber of Commerce, the boys acquitted themselves with credit, It was the intention of the Bord to send the sip through the Sound for a practice cruise, but inasmuch as very little opportunity ts presented in the summer calms for any- thing like hard work it was deemed pradent to order her to the Azor¢ So the boys have had an excelient | trip of it, had plenty ot practice and not a little ex. perience. T . Marys Jett New London on the 6in ot Juiy last, and reached Fayal on the 23d of that month, remaining there five days. It 18 gratifying to add that throughout the entire passage neither acci- dent nor sickness of any kind marred the harmony that throughout prevailed. All enjoyed the best of healih, and the young tars had a royal time of it. The St. Marys, a8 already mentioned, came to anchor at Glen Cove yesterday morning before dawn, and will probably proceed to ‘her former anchorage off the Bat- tery. THE BROOKLYN BRIDGE. The work on the Brooklyn Bridze progresses slowly but surely. All day yesterday Engineers Collingwood and Martin were at the New York anchorage superin- tending the construction of the tackling or sliding frames, which were completed yesterday. It is in these feames the wire ropes are placed so that they can be tightened till the necessary tension is secured, The ends of the wire will be spliced on jhe New York enchurage to-day, and an endless rope thas secured. On Thursday the machinery will be placed in operation to test 118 efficiency, and on Friday or Sat- urday two more travelling ropes willbe put up. No other work of apy importance is likely to be done this us the materials are not ready, It 1s expected that it will be fully six weeks betore the temporary wooden bridge will be thrown across, At present there are but eighty men employed on the work, and even a good many of these are about to be discharged, Acting Mayor Lewis yesterday signed a warrant in favor o: the Brooxlyn Bridge Company tor $100,000. FERNANDO WOOD'S PARK. At various times resolutions havo been introduced by ex-Alderman Cooper and others to cut through West Sevonty-seventh strect to the bluff on the North River. This would necessitate the destruction of Mr, Wood's homestead, around which centres so much taste and refinement, as well as his park, Mr. Wood ‘owns all the property trom Seventy-sixth to Seventy- eighth street to the Hudvon River Railroaa, and there is no advantage to be gained by the proposed spoliation, as there is not even a pier on the North River that could be benefited by such work. At the last meeting of the Aldermen Mr. Cudlipp renewed this proposition, and it was sent to the appropriate committee for a report, JERSEY RAILROAD TROUBLES. The New Jersey and New York Raiiway Company trouble continues. The engineers and employés posi- tively refuse to resume work until their wages are paid. They Lave not been paid for eight months, ex- cept in notes, and these notes have gone to protest, ‘The couplings and other connections between the cars have been taken away by the employés, so that the trains cannot ran. Deputavions of the workingmen have been irequently sent to tne 4-rectors to present their case, but to no purpose. ‘The road bas been in a thriving condition during tho past six months, but the men have not reaped tho benefit of it, Those hying along the northern section of tas road have to reach New York by either the Midland or Norihern roads, This company, it will be remembered, was in a difti- ayear ago with the Erie Railway Company en account of a deficiency which was due the latter by the former for toll rates ‘in rouning over a portion of the Erie Railway. The claim of the Erie Company has never been satisfactorily settled, ESCAPED AND RECAPTURED. Detectives Williamson and Ferris, of the Central Office, yesterday arrested William Gainor, an escaped convict from Sing Sing, where be was sent for grand lareeny on September 4%, 1873, by Recor: Hackett, He will be sent back to prison to serve ihe balance of his time, five years. REAL ESTATE, At the Exchange Saiesroom yesterday Richard V. Harnets, by order of the Court in foreclosure, sold the following property :—A four story brown stone house, with lot 22.6 by 1 , on East Fifty-seventh street, south side, 22.6 fect west of Lexington avenue, to Jacod Koch, plainuf, for $10, ; also, by order of the Court, a similar house, on East Fifty-seventh street, south side, with lot oi simiar dimensions, 67.6 feet west of Lexington avenue, to plaintill, Jacob Koch, tor $10,820. Bashy ‘ Richard V, Harnett also sold, by order of the Court in foreclosure, Jot on Eest Seventy-ninth street, fouth stie, 175 fect wort of Fourth ‘avenue, 1022 by 25, to plainuifl, James Hewlett, for $16,000. Seve- ral otber sales which were advertised to take piace Yesterday were postpone \Nsrens, 128th st, ss f ©. of 10th ay.. 1OLR230xirregn~ Jar; BH. Ades and wite ¢ rge W. fucker. $18,000 2OOUD st... Dou ity + 25x1U09; C Barnard, Jr. Sth st.. part) epee 96th Sno Frank and husband to k. Golds ‘ BSth ston 8, IST. fh. er oth av, 876x107, Lonish Fisk and husband to Robert Gordon arnard, Sr . of av Mott st, 6. 8. 200 it n. of Hester, 2 B, O'LAaey, »..icasenteees -. Nom. the. of Prospect (23d ward), Rowlend executor) to William Washington av.. w.s,, 75 ft. s. of Pletcher st, Jou (24th ward), A.J. Steers and wife to > >teers . wes + ease. Nom. Phd st... 8. 150 tw av. Dox, Steplienson to KE. MeFariand... ‘ 1,300 Cannon st, w. 5, 100 Its. of Rivington st, 25100; Joseph Giies to Thomas Stillman. Nom. Cannon st, w. s, 100 (t ® of Rivington # ‘Thomas Stiliman to L. Giles... Nom. Sonth at. No. 5 years.. ‘800 Hh st. ww, 590 wife to A. 3 st. between Oth and 1uth ava.t 1 630 it ua and wife to 3, Conkim, & & of St, th and lath avs; 1 year. 5,000 Keni, wite to W. J, Clark, No. 28 Union ee tiiccces We sis 9,000 Riloorn, Hirsi ant wife to tenn, Nos Ol4 and elt Water 6250 as and wife to ti. Met, SF ge a ee 3,090 » Meriaia he he 12,600 ‘av. } 1 month: 4,200 Tinker, B. 4, to 30,090 THE PRINCE OP CATERERS. A Family of Gastronomical Benefactors. DELMONICO'S NEW RESTAURANT. Memories Clustering Round Former Eating Piaces, Festive —_-__——_ It Las often been said of Paris that he who invents anew sauce in that sauce-loving city ts esteemed as highly as he who invents some novel and wonderful Jabor-saving machine, ‘exander Dumas always thonght that his achievements a3 an author were not half so great or commendable as those a8 a cook, And truly, is cooking nota high art which, in its own way, contributes as much to the clevation, the refinement the pleasure of man the other noble arts that ilu mine lile with their serene rays? Is the man whe teaches mankind to cook not as great a benefactor of his race as he who teaches them science, artor liberty # For what are ecionce, art or liberty worth to a people whose physiques have been ruined by indigestible on Dadiy cooked food? Tue schools of cookery pow juangurated in London, mm Vienna and in other cities show that the importance of raising @ phys teally strong and sound race 1s at last beginning to be felt, In this country tho value of cookery as am art, as something more than a mere handmatd of no cessity, has been greatly undervalued. Whatever ap- preciation we have of a well prepared dinner Is in no inconsiderable measure duo to the efforts of one family—the Dolmonivos, If it be true what so many gf our physicians assert, that the physical degeneracy of American women 1s largely owing to bad and ill+ prepared food und errcneous diet, then, indeed, the ellorts cf the Delmonicos have been worthy of all praise. For is not every good dinner a lesson to the uninitiated, teaching him how to save his constitution from ruin by the observance of wholesome rules of cookery and diet? THK ORIGIN OF THR DELMOXICOS. To trace the origi of this remarkable family of Ca terers back into the dim past is no easy task, The Delmonicos are a modest family. They keep no geneae logical tree, aithough there 1s no reason why the exact descent of a prince of restaurateurs should not bo at loast as important as of the scion of some noble line of medieval robbers, whose only receeming feature was that they perpetrated thoir robberies from baronial castles instead of highwaymen, However, the first Delmonico of whom history affords us a glimpse must have hyed im the time of Luecullus. That great epicure’s chief cook must undoubtedly have bad some of the Delmonico blood in him, Ib wi great pity that his descendants did not take charge of the crowned heads of modern Furope, Poor Frederick tho Great died from the effects of ‘rich’? pastry, If he had only had some of the zephyr creations ot Delmonico’s pastry cooks he would probably have lived to win even more battles than he did, JON AND PETER DELMONICO. The first sign of the Delmonicos in this country we have fifty-one years ago, in 1827, In that year John and Peter Delmonico, brothers, oponed a confectionery at Nos, 22 and 24 Wilham streot. As Mr. L. Delmonica “(from whom the facts of this sketch are derived) says, they could not have been poor, for, after enlarging the coufectionery mto a restaurant, they soon opened a lodging house at No. 76 Broad street (which they built) and bought also a farm at Wiilaunsburg for the raising of produce, ior which they paid $16,000, Mr. Dele Monico thiuks that His uncles Were not worth leas than 100,000f, when they came to this country. Thes were swiss and bailed from Berne, A year oF two before Captain Natt Palmer met John Delmonica in tho isthmus, where he commanded the schooner Fidelity, Jobn had been a seafaring man, while Peter had kept a confectionery in Berne. ‘their father was @ farmer in Switzerland—ostensibly only, for what good dinners n ave been enjoyed at that tarmbouse! In 1527 Delmonico’s restaurant in William street was the largestin New York Lis greatest rival was Niblo’s chop house, which was a ttle above on William str neor Liberty. These two places were the “swell” restaurants of New York, dividing the patronage of all tho wealthy merchants and the jewdors of society. At that time the taribest “‘uptown”’ restaurant was below the City Hall Park, im Mr. Deimonico’s. remembrance, Just think of it—ere, av Deimonico’s, you ten paid only six ceuts for coffee, pow twonty-live; six cents for Cognac, now twenty-live; three cents tor a Havane cigar, now fitteen, and six cents for the best cigar, now costing thirty, The general “drink” cost six cente als: {his place was carried on eight years—trom 1821 to 1$35—when the lire destroyed the two houses which the Delmonicos occupt d, voin as a confectionery and restaurant. Their combined rental was only $1,000 A murder had been committed in ove of the hou: which inade it as difficult to rent as the Nathan man. sion was a few yi 40. No wonder that coflve could be bad for six cen When the tire destroyed their first restaurant in Witham street the Broad Street Lodging House was transiormed into a restaurant. ‘This flourished until 1845—tor ten years—when it was aiso burned down, Meanwhile tae Delmonicos—Mr, Lorenzo Delmon @ nephew ot John aud Peter, having assum the management—bud built the Beaver street piace, which cost in the neighborhood of $100,000, and was opened in With this restaurant many festive reminiscences are assccitted. Here balls and dinoers were given by the ultra-fashionable world as now in the Fourteenth street butiding. The Prince de Joinville while at Newport was given a dinner prepared by Del- Mhonico, and the sou of Louis Philippe must have beem astonished at the rapid growth of French cookery in this country, Already tuen the Delmonicos hud it Vented the vovel meihod ol transporting their dinners for hundreds of miles, DELMONICO’S HOTEL, At . 25 Bronaway they opened De!monico’s Tote! in 1846, ‘This covered three jots, and 1s now the Stevens House. fhe rental was $15,000 a year, Eveu then, Mr. Delmonico says, the ola Astor Hous¢ was the iarthest uptown eating piace in the city, But the rapid upward growth of the city compelled them to sbandon (his hotel aiso, which, during their man agement, bad nerbored all the distinguished strangers ot that day, Jeony Lind lodged there, so did General Wiutieid Scott, and the later, & great goure mau, moved up with tue Delmonicos to Fourteeath Street When they opened the latter place, and occupied 1wo rooms there for some tige, In 1805 the Broadway und Chambers street puilding, a part ot the old Irving House, was rented, For the first fifieen years they paid bere a rental of $25,000 a ‘year, 1d subsequently $30,000, until 1 was closed a short time ago, The Fourteenth street restau- Tant Was opened in 1862, und three years later the present Broad streec restaurant, But still the upward growth of the city compels new changes. Tue Fourteenth str place, with which so many associations ul revelry are intertwined, is to be auso sacrificed to the “uptown movement,” and on the 9h of Seplember a new resiavrant is to take its place. The Fourteenth street corner building was the resivence of Moses H. Grinnell, Its rental for the first seven years was $7,500 a year, but in 1869 Mr. Grinnell saw the valve of the restaurant and raised it to $26,500 a year, Which it has remained unui now. The other building on Fourteenth street was purchased by Del- wontco, Costing $115,000, THK NEW RESTAURANT bo in what has been known as the Dodworth io Building. Jt will tront tity-six feet on Fitton avenue, 157 fect on Twenty-sixih sirect and sixty-one feet on Broadway. The restaurant will be on the Filth avenue side, the café on the Lroadway side, the space bemg about equaliy divided between the two, The entrance on Tweaty-sixth street will be for the batis and dinner parties, for which the twe upper floors have been set apart, The ball- room on the second floor will be titty feet square. ‘Ihe furniture of the restaurant will be of mahogany, end of the café of ash, inard with mar. quetry. Onthe Fifth avenue side there ts to bea pretty lawn, 45 feet by In the middie of the restaa- rant there will be a veaatifal fountain, and flowers, plants, and other ornapents will be scattered in prov fusion to sake it, indeed, a fit dwelling place, not only for tue gourmand, but also for the lover of the beautle ful, About 160 waiters and 15 cooks will be employed, When tue Broadway and Cboambers street resiurant was still open the pumber of the employed was 375, 160 in Fourtweuth sireet, 75 m Chambers street, 75 in Beaver street and 75 im Broad sireet. Another new restaurant ts to be opened shortly at Nos. 112 and 116 Kroudway, nextto the Equitebié Buttding. 1 take ace of the Chambers sireet house, From $20,000, ut whieh the original fortune with which Jobn aid Peter Delinonico came here is estinaied, the eupte tal invested in Deltnonico’s various restaurants is now estimated at $600,000. Good cookery is not only bones ficial, therefore, Lat also remunerative, a sOroCS csorenga Here, then, nearly vis-a-vis that other haant gourmand, the Ca'é Branswick, and facing the Sar ‘Madison square, shall we bave ‘anovher rallying place for tue epicure, ihe belie, the “good liver; there will be anotber spot consecrated to the att of cookery, where the sound of merriment and revelry will@noe cease from morn tll Bight. Here the great formal Powpolts dikner parties of the associations of the rich; the political diners, which are only disguises for speech-makits ; the fashionable balls and banquets im hover of some renowved beauty or some foreign prince; the prandial ovations to the kings of literature, nce and art; the boppy and cosey tamily reunions; the tender gastromomical fte-d-letes of a pair of hun- ety lovers just come {rom a feast of grand opera; and the quiet Jolly suppers of convivial trends; ail ‘these will Gnd here # gay and bright contre—another happy “hunting ground.” Noteven the Delmonicos can remember all the digs Unguished men who have been their gueateand all will si "soo | (CONTINUED ON NINTH PAGE) the humble dens of ordinary L ; ‘ : ‘ / : 4 \