The New York Herald Newspaper, September 6, 1876, Page 8

* 8 THE COURTS. Qareful Analysis of the Federai Extradition Law, The Governor's Action Subject to Review by the Courts. The Relative Claims of States on Fug from Justice. INVESTIGATING PENSION FRAUDS. A decision of considerable interest to the general public as well as to the legal profession was rendered by Judge Westbrook, in Chambers of the Supreme Court, yesterday. The case adjudicated upon may be briefly stated as follows:—Benjamin W. Briscoe was a member of a firm in Fulton county, Georgia, He came North and obtained a quactity of goods from New York merchants, as it would wow appear, upon false pre~ ences. Two of his creditors in this city had him ar- rested on warrants in civil suits to recover, granted by Fudges Donohue and Westbrook respectively. Mean- lime Briscoe and his partners were indicted by the Grand Jury of Fulton county, Georgia, for a trauduleut tonversion of property entrusted to them by a Virginia frm to sell on commission, On requisition of the Gov- ernor of Georgia Governor Tilden granied a warrant of extradition, and the Sheriff of Fulton county had the prisoner brought before Judge Westbrook on habeas corpus, to have him discharged from civil arrest and turned over to the authorities of Georgia, In giving his decision Judge Weetbrook says:— From the return to the writ of babeas corpus it ap- pears that Briscov is tu custody by virtue of civil pro- cess from ‘‘a court legally constiiuted,” and he there- fore ‘can only be discharged” upon this proceeding for one of the causes specified in the Statue (3 RS, 6th edition, page 875, section 56). A reference to that statute wil! show that for no such cause as 1s here pre- sented has the Court power to discharge Briscoe trom the custody of the Sueritl, which must be done belore he can be delivered to the custody of the agent of the State of Georgia, With these plain provisions in the Habeas Corpus act, limiting the power of the Court when a party is detained by civil process, it 1s useless to exatine whether the writ is ever maintainable to deliver a party {rom one imprisonment only to transfer him to another. It 18 enough that the statute bas specified the cases in whicha party detained, as Briscoe 18, can be discharged. Unless the case comes within those provisions the prisoner cannot be reloased; and for this reason alone the writ must be dismissed. Judge Westbrook then goes on to discuss the power of the Governor to issue his warrant for the ar- Fest and extradition of a fugitive {rom the justice and jurisdiction of another State, except by proceedings Int ed through the judiciary, in contormity with ter 356 of the Laws of 1889, of this State; and upon this point be says:—As the Governor of this State has in the case before us exercised the power conferred upon him by the federal constitution and the act of Congress, the conclusion from the foregoing cases manifestly is that the act which he bas assumed to per- form 1s not void for want of power; but, on the con- trary, ina proper case both the coustitution and the law of Congress imposed upon bim a grave duty which every morai reason required bim to perform. Im ex- ining other points raised by counsel in opposition to Briscoe's discharge the Judge notices that made on the part of the State of Georgia, “thatas the power and ty of extradition is conferred upon the Governor of b State, when the propriety and right of suca ex- Wradition have been determined by him his judgment tanuot be reviewed by the judiciary.”” This point now urged upon the present application has once before been Made by the Governor himself, in the matter of Nathan Ulman, in these words, “I deny, with great respect, the right of the Court to issue said writ of certiorari to me, or te roview directly my action in dis- rharging the duty imposed upon me by the Constitation pf the United States with respect to the surrender of Judge Westbrook, in discuss- If tho position now takeu had y overthrown, a8 we sball frequently n, While intending no disrespect to the Governor of Us State, we should be constrained to { the power and auly of the Court to examine and inquire into ihe cause of the detention of a prisoner, even though the warrant which detains him is issued by the Governor of the State, as he claims, under tne power conterred by the pational fiw. fe goes on to show that the writ of habeas corpus or of certiorari 1s 4 common law writ, Which every man ts entitled to who 18 restramed of-his kberty upon any pretence whatever, so that the Court may inquire as to the jus tice of his continement; the Habeas Corpus act does not the vor; it follows that the Court has the power to + \nty the cause of such imprisonm Ex entor restraint, Th ulive is not inialiible, Hie usay err and issue his rapt When be ought pot to issue it, and it the citi- wen no right to ecute thia writ, but must sub- mit to the Executive order, then it is clear that we have ono ollicer in a Stete organized under a republican form of government who can hold at piewsure and remove at his will beyond the jurisdiction of the State e' citizen, and 2H cannot be ques wed. This ranny, and th ent of the proposition ue present Executive as ech it as U this point at considerable le k comes ta the conclusion (oat although the Court Hor inbert with the Executive discretion it sull bas the power to review that discretion. He then re- Views the papers upoa which the Executive warrant Issued. A copy of Briscoe's jndictwent for fraudulent tonversign of property having been produced belore the Governor, as required by the act of 1793, this w of itself evidence of the right to demand the fugit ad the Court holds that that was sufficient evide itsell on wh ground a demand of that nat uss Whether such a demand ers being in them: he concedes. e State because n he bo extradited to whother State belore tne justice of the Siaie which bolds him has firsg been savstiod? In other words, ts the right of fhe State demanding the alleged cient gayss— “J fugitive in order that ho may be compelled to answer | to 118 laws superior to that which holds bit for a simi. lar purpose? if it 1s then State comity is avove Biate seif-proservatiou, and the obligation of a man to his fellows is superior to that he owes to him- seit.” There can be no middie ground, he says, upon the question before us. If the United Stal roustitution moans that the surrender must be m: Jhough tue State which holds the fugitive bas demands apon him, it must mean his delivery in every case re- yardiess of the rights of tho State im which be is. If, iben, he is detaived for a murder within tts jurisdic: lion ho must be surrendered to answer a simple charge df petty jurcony in another State. This extreme case iw but to illustrate tne danger of the posision taken, No discretion 18 committed to the Executive to weigh | the force o( the demand and the cause of detenti Abd to Ward or withbold the extradition order accor ing as he may judge the gravity of the claim may Ereater or jess in one State than another. If the fed. frai consituton places the right making the demand above those of whieh was made it must be obeyed in every case; but if, om the other baud, the State waich holds him 's only bound to surrender him Where its own laws do not detaiu bit, then 1m uo caso fan he be delivered until the justice of these laws have beon satisfied, It the quesiion had not been decided, and arguing trom the duty which every State owes to Mtself and to its own citizens, which must as a ruie of tonduct fer its own guidance be paramount to the duty Which it ow and its citizens, we Plowid Bold that the imposes the the laws ot the State upon which the de: made have ao claims hipon the Jerson of the alleged fugitive. Alter citing the case of jorr, 3 Howard, 103, His Honor concludes as follows :— “With po ince 1 personal disrespect to ibe chief sxccut! xe of shis stato, the remedy sought by this pro- teeding 18 w.thheld becauso—First, the provisions of the habeas corpus act do not wushorize the surrender of person held under civil process for any such cause iwhas been urged before us, second, Briscoe being iued under ihe laws of (his State, caunot be dis. o these laws have been fully” satistied discharged, The writ of abe. torpus is dismissed ond the prisoner remanded to the pustody of the Suerid.” that pon od until the demands of and PENSION FRAUDS, Special Agent B. K. Shopp, of tho Pension OMico, in this city, caused the arrest yesterday of Ellen Gale Jagher and Jobn MeDonald, voth of No, 609 W Forty-second street, aud Frank Macon, of No. 449 Weet Fortv-Afti street, on a charge of a conspiracy to de. fraud the United States government and of commit. Ming perjury. It appears from the evidence in the tase that Ann Ryan, the widow of John Ryan, a pri- rate in tho Eighty-eighth New York Vojuateers, died jconce in this city on the 12h of May, 1873, pension {rom the year 186% After her math her persion cert.Dcate was odtained in ». manner by ono of the three parties saicd, and, on the occasion of the next p: Ment of the pensions, Mrs. Gallaghe Donald and Macon went to the OMmee, and the former made alfidavit that sho was the person naswod in the certiticate, (he others identilying bor as such. The plaa Was successtu!, and tor tour years Mrs. Guliagher, it 18 alleges, drew the pension in the dame of odead woman, receiving & share irom MeDunaid in payment of her services, Abou two Montls ago the Matter Was brought to the attention i Special Agent Sbopp by a person whe knew of Mrs. ty b's dean. ibe mailer was investigated, and a jranseript the coat o a apon thik intyrmation (he servic Vox and Burke, of iue First prec uct, dd seaterday morning, When Wwe aileged conspirators presented suemseives io draw the pension, they were They wero taken belore Commissioner and United States Assistant Attoracy Sullivan, NEW YORK HERALD, WEDNES and, waiving examination, were held in default of $1,000 bail each, A QUO WARRANTO CASE. The people of the State of New York on the rela- tion of Thomas E. Smith, through Attorney General Fairchild, have brought smt against ex-Alderman Terence Duffy to test the title of the latter to the office of clerk of the First District Court. The people claim that Thomas B. Smith is the lawful clerk, and that no power was vested In the judge of the eourt to remove him, Ex-Judze Curtis, who appeared ax coun- sel for ex-Alderman Duffy, claims, by bis answer filed that Duffy is the lawful incumbent of said entitled to the honors, emoluments and bises of the same. Attorney General Fairchild appears for the people and ex-Judge Curtis for the respondent, SUMMARY OF LAW CASES. Sutt has been begun in the United States District Court against Frank Leslie, the publisher, on a charge of irregularities tp importing carriages, valued at $6,000, Suit was begun in the United States District Court yesterday against Foster Black and William Sloane as individuais and as members of the firm of Sloane, Black & Co,, dry goods importers, of No, 183 Church Street, on acharge of nttempting to defraud the cus- toms, the damagos being fixed at $50,000. The examination in the case of Capta n J. 8, Grindle, chargea with cruel and unusual punishment of the crew of the ship St. Mark, of which he was master, was to have been resumed’ yesterday before Commissioner Deuel. On the case being called counsel for the cap- tain declined to proceed and waived further examina. ion, Tho case will now xo to the Grand Jury, Giuseppe Mangein applied for his discharge from jait, ciniming that he might call witnesses betore the Court and have an examination to show that he was committed without provab.e cause. His counsel ac- knowledyed, however, that the commitment was regu Jar on its face, and in such a case the Court cannot re- view the evidence, DECISIONS. SUPREME COURT—CHAMBERS, By Judge Westbrook, In the matter of Giuseppe Mangien,—Prisoner re- manded and writ dismissed, See opinion. Bode vs, Kearr.—I want to see if opposing counsel have anything to say, People vs. Thomas M, Wyatt,—Further return re- quired to show upon what evidence the warrant issued; whether there was apy evidence, and i! 80 what, other than returned ? in the matter of B, W. Briseoe.—Prisoner remanded to the custody of the Sheriff of the County of New York and writ dismissed, See opinion. In the matter of Nathan Ulman,—See memorandum and opinion in matter of Briscoe. Bank of Savings vs. Racey, Boyd vs. Wetzel; Mutual Lite Insurance Company va, Fitch; Hatns ve Ken- nedy; Moore vs. Lanzur; Mutual Life Insurauce Com- uny'vé Gessner; inthe matter of Moller; Hall vs. Held; Lawrence vs, Second National Bu'iding and Mutual Loan Association; in the matter of Fritches,— Granved. Wood vs, Downing; Johnson vs. White; Freedger vs. Schultz; Greer v8 Belden, In the master of John H. Lyon; Meigard vs, Weber; Bush va. Schutzer; Moore vs. Shaw; Scamen’s Bank of Savings va Wood- worth,—Order granted, Olluer vs, Cronin; Craft va, Cronin; Strong vi Cronin (No 102); Schined ve. Salmon; German Savings Bank vs. Ruigg; Same va Muller; Globo Mutual Lite Insurance Company vs. Voorbis; Haas v4 Kahn; 1bl vs. Ihl; Cooper vs. Frank; Underhill vs. De Wolf; Beck vs. Carraber; Morgan vs. Edgar; Cooper vs. Sic- ‘anted. Boutecer.—I want to see counsel who about allowance. MARINE COURT—CHAMBERS, By Judge Alker. . Steimann. Motion denied, with $10 costs Ahearn to abide event of suit, Oppenheimer vs, Stein.—Case settle Mason v& Oppenheimer. —Case settied, SUPERIOR COURT—SPECIAL TEEM. By Judge Speir, Lewis vs. The New York Central and Hudson River Ratlroad.—Plamuil’s attorney must suvmit sten- ographer’s minutes and strictly comply with the ninth special rule o Court before the case cun be seitied. ‘Newbury vs. Wall es al.—Motion to file security tor costs musi be granted. The olyection in this case ia not tenavlu. Pots vs. Hyman et al.—Order amending judgment rule. Grabam vs. Livermore,—Order to remove commis- sion {fom the liles of this Court. By Judge Sedgwick, Byer ct al. vs. Kister ct al,—Order settled, GENERAL SESSIONS—PART 1, Before Recorder Hackety NO WITNESSES YET. The diMculty experienced on Monday with respect to witnesses not being on hand prevailed yesterday, So many cases on tho calendar were tor that reason adjourned at the urgent request of counsol that com- paratively little was actually accomplished, although the Recorder and Mr. Bell were desirous to do sou thing toward clearing the Tombs of the 400 pei said to be contined there. OBSCENE PICTURES, Jules Frechet, a Frenchman, was arraigned upon an indictment obtained by Mr. Anthony Comstock, who charged him with making obscene pencil drawings and ejling them to boys in the vicinity of pier 43 North River. upon the enormity of bis offence. Such as he poisoned the minds of the young by their beastly arts and sowed the seeds of numerous future crimes. A boy in whose possession Mr, Comstock bad found pictures ob- tained {rom the prisoner Was present as a witness tter, and his pallid features furpished of thestiabolical results of the circulation of such pictures, Mr. William F. Howe, counsel for Frechet, pleaded for leniency to bis client on the ground that his offence Was not 80 great as that ot those who print such pictures by wholesale. The Ro- corder remanded the prisoner until to-day for sen- tence. A LONG DELAYED TRIAL. Aaron Menzesheimer was placed on trial for assault with intent to do bodily barm, The testimony of the complainant, a lad of sixteen, named JonnJ. Ryan, was to tho effet that one day in July, 1873, while ho was standing on the corner of Second avenue and Twenty- third street the accused, who was conductor of a Second avenue car, stioused to him irom the platform to turn witch in the track; thay he declined to do so because he was afraid of being run over; that the accused then threw a car book at him, and that the implement buried liselt in his leg, where it remained tora minute, when Menzesbeimer ran alter him and pulied 1 out by force, fearing the flesh and makjng an ugly wound, The defence Will tell its side of tile story to-day. AN OLD OFFENDER, Rice Quinn, an old and wel! known swindler, called, on May 10th last, upon Mr., Wiliam H. rd, who was inirusted with the gale of Henry J. Raymond's cht Avalon, and, representing himself to be a oneyed man, bought the vessel for $1,900, giving in payment worthless notes, He was subsequently ar- andon being arraigned before the Kecorder ye y pleaded guilty and was sept to State Prison jor eighteen months. GENERAL SESSIONS—PART 2, Before Judge Gildersiceve, Martin Burke was found guilty of an assault with in- tent to do bodily barm tn having, on the night of July 31, shot in the showider one Edward Hughes in a bare room fight at No, 102 Cherry street. Ho was remanded for sentence until to-day, The pistol with which the deed was committed was not produced by the police at the trial, nor was the bullet Assistant District Attorney Herring, who was prosecating, remarked to the Court that pub: i ptiou should be called to the frequency with which police officers eglect to Secure most important idence of the commission of crime If it was owing z to 1gnorance ou (heir part they shoul! be dismissed | from tue force, and if it was wilfully done they were ed for their positions and should be dismissed ow Gildersieove recommended Mr. Herring to send acommunication to the Police Board stating the facts, and he promised to do 60, POLICE COURT NOTES, Rounds yosterday morning arrested Thomas Kabin, 0 No. 443 Wost Thirty-second street, on a charge of embezzling $91 (rom the New York Transier Company, by whom he had been employed asadriver It appe: September 14, 1 the prisoner was intr A package containing $91 for delivery in Jersey City. He abandoned hie horses and wagon in Washington Street and absconded with the money. On being arraigned betore Justice Dufy at the Washingtan Place Court yesterday he was held tor trial Annic Johnson was hela for trial by Justice Duffy at Washington Place Court yesterday for stealing a vel- vetwen sacque from Anpa Murray, living at No, 206 Greene street. Jobn Brady and James Smith, the proprietor and “looker out” for the faro bank No, 301 Bowery, who were arrested on Monday evening, with twenty-six players, by Detectives shelweil, Titua apd McConnell, of the Central Ofice, were arraigned before Jusuce Flammer, at tae bssex Market Court yesterday. and Stnith were remanded for further exami aud the remaining prisoners, among whom was us* uthal,”” were discharged. et, made Lae day mit and feneral Gros accompanied ber vo ber resid y. When he woke up be jound Ler gone 50 he had in bis of the I ‘ c \ ned heiore Justice Fiammer, at tue Essex Market Court, Was held jor trial iu dotauit of $1,000 bail The complainant was seat to (bo House of Devention, Edward Moore, of No. 108 Canal street, entered the dry goods store of Doyle & Adolphi, No, 267 Grand | cording to His Honor read the accused a severe lesson | | office, ana that he bad the reputation of being the 2 Carmick, of the Twentieth precinet, | street, yesterday, and stole a roll of silk valued at $28. He was detected by acierk named Daniel Murphy, ar- rested by Officer Dwyer, of the Teuth precinct, and held for'trial by Justice Flammer ut the Essex Market Court yesterday, Theodore Drifimeyer, the burglar, who was shot by Mr. Frederick Leporin, ot No, 98 Christojfier street, while robving bis house on Monday, was brought be- fore Justice Dufly wt the Washington Pisce Court yes- terday. it having been ascertained that his wound was not dangerous, as it had been supposed by the hospital surgeons on Monday uight. He pleaged guilty to tho charge of burgtory, and was heid for trialia default of made. Mr. Leporin was discharged {rom custody. Three noted ruiliuns, James Ackerman, aa ico man, living in Bedford street, Jaines McGuire, a printer, of No, 279 Hudgon strect, and John Loy, « painter, of No. 157 Sixth avenue, on Saturday mght’ entered the beer saloon of Frederick W. Ewest, No. 120 West Third street, and alter ordering driuks retused to pay tor them. On Mr, Ewest ordering them to leave the s:/oon they made a combined asaauit on him, Ackerman beat- ing him over the head with the buit ef a beavy revol- ver, The rufllans were arrested by Officer Hickey, of the Fifteenth precinct, and on being urraigned before Justice Dufly, at the Washington Place Folice Court yesterday, were ‘ully committed to answer a charge of feonious assault, By the returns so far submitted to Major George W. Cooney, Chief Clerk to the Board of Police Justices, it appears that during the month of August the fines ree ceived at various courts were as fojiows:—First dis- $1,473; Second district, $1,096; Third district, ‘ourth district, $806, and the Court of Special Sessions, $337, making u total of $4,304, which amount handed over by Chief Clerk Cooney to Compirolier Green yesterday, On complaint of Anthony Comstock Justice Morgan yesterday, at the Tombs Police Court, committed tor trial Jono H. Probst, of No, 26 Vandewater street, tor Provs who said be wasa printer and worked for George McNamara, of No. 36 Vesey street, jor the iast six years, admitted his guilt, Bais was fixed at $1,000, 1 connection with the same case Thomas and Dan Kavency were yesterday arrested by Detectives Irvin and Britton, on complaint of Anthony Comstock. In the prisuner’s home were found thousands of the pamphiets. They will be brought up for examination to-day. ames Davis, aged sixteen ycars, a printer, residing at No, 144 Mott street, was charged before Justice Mor. gan yesterday, at the Tombs Police Court, with toreing open a door of the prer Yo, 19 Beekman street, occupied by Messrs. Higgins & Case ag asilver plate Warehouse, with intent to commit arobvery. The prisuner, though found in the store and unable to account tor bis presence there, pleaded not guilty, and was held in default of $1,000 to answer, COURT CALENDARS—THIS DAY. Manixe Covrt—Triat, Tend —Part 1—Held by Judgo Sheridan.—Nos, 7796, 8485, 7 446, 1258, 4180, 6087, 41 Held by Chict’ Justice Shea,—Nos. 8039, , 433 4341, 4342, 4345, 4946, 4347, 4352, 4354, 4857, 4859, 406 4368, 4365. OF GENERAL Sessioys—Part 1—Held by Recorder Hackett,—The People vs. Thomas Smith, robbery; Same vs. Thomas Leaver, robbery; Same vs. Jobn Higgins, foionious assault and battery; Same vs Henry Bunte, feionious assault and batter; Michael Finnety, felonious assault and baitery vs Atilla Boyer, felonious assauit and battery; s va. Edward Fiynn, barglary ; 8 ward O'Grady and Robert Maxwell, burg: Robert Brad- ley and James Furey, burglary; Same vs. Mary J. | McQuade, burglary; Same vs. James Donovan’ and Eugene Connaughion, burglary; Same vs, Juias Wab- scbaw, grand larceny; Samo vs, Arthur A. Hess! grand larceny; Same vs. Theofl Dezor, grand larcen Same vs. William Smith, grand larceny; Same vs. | John Conners, grand larceny; Same ys. Jumes Young, grand larceny; Same us. Annie Kiog, abduction, Part 2—Heid by Judge Gildersleeve.—The People vs. Peter Muller, grand larceny; Same va, Jobn Mutledy, felonious assault and battery; Same ve. Edward F. Murray, robbery; Same ys. Cornelius C. Holl, grand larceny’; Same Vs. Peter Moran, grand larceny Samo vs, Gustave Newhoffand Henry Noe, grand 1 reeny ; me vs. John C. Leach, grand larceny; Same vs. John Saul, grand larceny; Same vs. Luke Reilly, grand lar- eeny, UNITED STATES SUPREME COURT. DECISIONS, Wasutnxatox, Sept, 5, 1876. JUDICIAL OFFICE—VALIDITY OF TH# DECISIONS OF 4 DR FACTO JEDGE—THEY CONCLUDE THE PUBLIC AND THIRD FARTINS, No, 558 —Robert B. Botling, plaintiff in error, vs. Gustavus Lersner. In error to the Supreme Court of Appeals of the State of Virginia, ‘The Circutt Court of Farquicr county, Virginia, ren- dered a decree in this cause September 13th, 1857. From this decree Lersner prayed an appeal to the DistrietCourt of Appeals May 17, 1899. This was allowed by S, Wil- loughby, Judge. Upon this allowauce the appeal was docketed in the appellate Court, and the parties ap- peared without objection or protest, and were heard. On tho hearing, the decree ot the Circuit Court was re- versed, and the cause remanded, with instructions to proceed as direcied. Then the case came to the Cirenit Court upon the mandate of the appellate Court, Bolling appeared and objected to the entry of the de- cree , for the reason, among others, that Willoughby, the judge who allowed the appeal, had been appointed to bis office by the cou wandibg general exercising military authority in Vir- ginia under the reconstruction acts of Congress, aud that these acts were unconstitutional and vou. ‘This objection was overruled and the decree entered ac- the mandate, From this decree Bolling took au appeai to the Supreme Court of Appeals, where the action of the Cireuit Court was aflirmed. To re- verse this decree of aflirmance tho prescut writ of er- ror has been prosecuted. He cannot amine the judgment or decree of a State court simpiy because a federal question was presented to that court for determination to give us jurisdiction. 1t must appear that such a question was in fact decided or that jts de- cision was necessarily 1uvoived in the judgment or de- cree as rendered, 1u this case Bolling presented to the Court for its determination the question of the con- stitutiouality of the roconstraction acts. This was a tederal question, but the record does not show that it was actually decided or that its decision was necessary to the determination of the cause, while it perhaps sufticiently appears that the Judge Was appointed under the authority of the acts in quesivon. It also appears that he was acting in the discharge of the duties 01 his oilicet he assumed to be, 1 also appears th alter tho allowance of the appeal the case wi docketed in the appellate Court; that Bolling appeared there; that he submitted himself to the Jurisdiction of that Court without objection and resented his case for adjudication; that the case was eard and decided and that the objection to the quali- fication of the judge who allowed the appeal was made for the first tine in the Circuit Court when the ease came down with the mandate, From these tacts it is held vo be clear that the case might have been disposed of in the State Court without deci.ting upon the question of the validity of the re- construction acts, and tuat it actually was £0, all the jndges baving arcued that Willoughby was a’ de facto judge, and that bis acts were valid in respect 61 the publie and third parties, even though he might not be Fightully in ottice, Motion to dismiss granted, The Chicf Justice do- fivezed the opinion. CONNECTICUT MORTGAGHS—THEY MUST SPECIFICALLY DE- SCRINE THE DEBT SECURKD, OTHERWISE THEY ARR youn, No, 664,—James M. Townsend, appellant, vs. Alfred Todd and Philando Armstrong, assigaves of George 1. Newhall, a bankrupi. ‘The validity of (he mortgage of $50,000 is attacked on $1,000, He said he was prompted to commit the | crime by some thieves whose wcquainianee he had | and bis wife for trial in desault of $300 bail each, They noted as a man about town, Two years ago, with John Wilson, otherwise called “Never-smiling Jobn- ny,” the billiard player, be opened a magnificent drinking saloon in tue Old Staats Zeitung office, in Cha:nam street. The place was titted up in the most expensive fasnion, and the billiard tables were the finest ever made by Collender & Co, Tho venture | proved a failure and the saloon was closed. Then | “Major? Lewis experienced religion, and became the | leader of the choir in the revivals carried on in Harry | Hill's Theatre. He then marned bis present wife, | After some months of idleness be dritted into bis resent position as manager of the Gospel Tent, tn est Thirty-tourth street, Judge Duty held 18 were taken to the Tombs in the prison van. CRUELTY TO CHILDREN. A BRUTAL FATHER SENT TO THE PENITENTIARY. One of the most revolting cases of cruelty that has occurred im this city for some time past was called up for trial iu the Court of Special Sessions yesterday af ternoon, before Justices Otterbourg, Morgan and Fiam- mer. The defendant in she case was John Crowley, aged twenty-eight, of No. 101 East Broadway, who was charged with beating his son Frank, three aud a baif years of age, in an inhuman manner, The first wituess called for the prosecution was Mrs. Josephine Hardy, 4 hairdresser, residing in the sane house with Crowley. She testitied that Crowiey was in the habit of beating the child almost daily, and on ove occasion be Lited him from the floor by te ears aud struck bis heau sgainst the wali until the blood flowea trom his ears, uoxe and mouth, Mrs, Crowiey, the wile of the accused, a Very respectable, neat Jookiug wowan, and dirs, Ferguson were also call Their testimony was similar Wo tue above. Crowiey was then piaced on the Stud, and from Lhe commencement of Lis teeiimony he used bis ujmost etlorts to blacken the characters of bis wife and Mrs. Hardy. In answer to a question by Mr. Gibson, counsel for tue Society for the Yrevention of Cruelty to Chiluren, ws to his | marriage, he denicd that the ceremony was | ever performed, although be swore that Mrs. Crowley was is wife when arraigned betore Justice Morgun in the kssex Market Folice Cour Superintendent Jenkins was placed on tke stand, and be swore to the lacter inet, His testimony was corrovorated vy Jus tice Morgav, who wus also pliced on the stand. Crow. ley’s language throughout was of the most shameless | and vulgar cuaracter. He 1s a inean looking wretch, and to judge by bis countenance ts Just the man to commit the outrages Le is charged with, After re- Viewing tue testimony giveb the Cours sentenced him to imprisonment w the Peniieutiary tor one year, THE ENVELOPE GAME. HOW AN ITALIAN PRACTISED IT ON HIS COUN- TRYMEN, Five swarthy sons of sunuy Italy marched into the Tombs Police Court yesterday aiternoon, each beagng on his shoulder a huge stable broom, George Morino, a countryman of theirs, in the custody ofan ollicer, bring- ing up the rear, Morino, who resides at No, 9 Jones street, was charged with obtaining money by false pretences from the above mentioued broom carriers. The facts as elicited through an interpreter were _bricily follows :—Morino im passing through Baxter street met the meu and Unding that tuey were out of work staied that he could obtuin employment ior them, as be was a clerk tn the employment of the Street Cleaning Department, Dut that it would cost them $3 apiece. He obtained tbat amount irom each of them, aud gave in return a letier directed to the Superiniendent of Garba, | Scows. They deivered the letters, but upon their being opencd they were tound to contain uothing but @ hotice of tue opening of a new liquor store in Grand reet. They immediately caused the arrest of Morino and the procession in the court room was the result. Counsellor Junn M. Coman, wuo ap- peared for the prisoner, moved for bis discharge ‘on the ground bhat the case Was Bot one of fulse pre- tenses us alleged, and that the aggrieved parties could have their remedy only in a civil action, Justice Mor- gau observed that be bad no moral doubt of his guilt anu regrotted that ho could not punish the de- fendant, but be agreed with coansel that he could not legaily hold him, ana Morino was therefore discharged, AN EVIDENCE OF HAD TIMES, Elicn Bremen, a respectable looking woman, came into the Washington Place Court yesterday accom- panied by her four children, Thomas, aged nine years, Mary, aged sevea years, James, aged three years, and Ellen, aged one year. She said that her husband was a painter who was out of work and could pot get any. He had taken to drink and she could not support her children, Justice Dulfy sent Thomas and Mary to the Catholic Proteciory und the two youngest children to ‘the Sisters of Mercy in Houston street. A DESPERATE RUFFIAN, James Meehan, aged 25, of No, 46 Scammell street, who has just been released irom State Prison on a charge of shooting a man in Jackson street, was ar- raigned before Justice Flammer, at the Essex Market Court yesterday, charged with felonious assault, It appeared from the evidence that while Officer Quigley was on post in Cherry street he saw Meehan with others acting 1n @ disorderly manner. He ordered them to go away, but Mchan refu-ed. Officer Quigley attempted to arrest him, when Meehan jumped back, drew a revolver, fired two shots at the oflicer and then, ran. Officers Ryan and Nugent joined in the chase and rar down Meehan, who, finding himself cornered, tired two more shots at the oflicers. It was only by a liberal use of the club tha: he was subdued and taken to the station house. On being arraigaoed before Justice Flammer, at the Essex Market Court yesterday, Meevan was fully committed for trial on two charges of {eloui- ous assault, MARRIED AND ROBBED, Robert Rejlly of No. $41 East Twenty-first street, was married some time ago, but he did not celebrate the wedding until Friday last, when the house warming also took piace, Among the friends was George Reiily, of No. 402 East Seventy-fourtn street, a particular friend of the host, During the — evening the newly made = husband = drank 80 much that he got drank. | The morning atter the feast he found he had lost $100, and learned irom a friend toast George Reilly was the thie Th Jatier surrendered himself on bearing of the accusa- tion, and was arraigned at the Filty-seventh Street Court yesterday. He employed counsel to defend nim, and this failing todo any good, he said that the Rev. Dr. Tyng would give him @ good character, Judgo Otierbourg said that the recommendation of a clergy- man would avail the accused but little it he were really guilty of thiscnarge, He was finally beld jor examina- ton. ESTIMATES FOR 1877. The following estimates for tho cost of ranning cer- tain courts and departments have been filed: Sixth District Civil Court,. Commissioners of Accounts Tenth Distriet Civil Court Health Department... Fire Departwent.. Fourth District Court Ninth District Court The estimates her published 12 the Herato, 12,000 00 20, the ground that it 48 in viovation of ihe spirit and policy of the statutes and recording system ol the state of Connecticut, The Disirict and the Circuit Judgos, exeh familiar with the statutes aud decisions of that State, Sustained Luis proposition. The precise objection to the mortgage is that it does not truly describe the devt | intenved to be secured, The mortgage, by its terms, was given to secure the payment of a note of $90,000, daced April 12, 1873, executed by George T. Newoali to | the order of James M, Townsend, on | | demand, with interest at goven | i payable se y in The | and it ts found by the District Judge at Newhall was no the date of te mortgage and when the same was recorded, ndebted to Townsend in any sum whatever which was secured by said note, The undersianding was that Townse.d should endeavor to borrow mouey or available securi- ties to furnish to Newhali’s creditors in satisfaction of | his debts, and the morigage was (o stand as for the repayment of the Values thus advanced. mortgage aud noto were to be placed in the bands of | one White, and if Townsend was unable to render the’ | pecuniary aid the sum of $40,000 was to be iudorsed upon the note and mortgage by White, and the mort gage was to stand ag security tor the Chapman mort of dia debs of $2,500 duo to | Townsend also secured by another mortgage. | Townsend did not obtam or borrow money | or securities = from = auy third person on the faith of Unis mortgoge, but in reliance upon the security of the mortgage he div orse notes lor New- hall and pay money to an auount exceeding $6,000, The struggie of the part of Townsend Is to bold hie mortgage ‘or this suim of $6,000, The decisions of tue courts ot the State holding that the mortgage must truly describe the debt intended to be secured, and that it is Not suficient toat the debt be of such @ character that it might heve been secured by the mortgage, had it been truly described, this Court tollows and affirms tho decree vacating and cancelling the mortgage, Mr. Justice Hunt delivered the opinion, =~ FALLEN FROM GRACE, THE MANAGER OF THE GOSPRI. TENT HELD FOR * STEALING 4 WaTcr. “Major” William H. Lewis, of No. 204 West Thirty- fourth street, and bis wile, Rachel, were arraigned be- fore Justice Dufty, at the Washington Place Court, yes- terday, charged by Mrs. Maria Leng, residing in the me house, with having stolen a gold watch, value $70, trom ber room, The affidavit of Mrs. Lenz re- cited that, during ber sbort absence from bome om Thursday might, her wate was stolen from the bareau | in her room. ile meditating on her loss she be rd Lewis and his wite couversing in their room, which was separated ftom her’ nh board paitiven. Mra Lewis said,“ pay Mrs, Leng, and | will put back the Watch where | took it from.’ Lewis answered, “1 don't think you will, I bave put it away where no ono can find it’ The history of the prisoners in the caso {a worth notice, Lewis for many yoars bag been BOARD OF POLICE. The full Board of Police mot yesterday, General Smith presiding. A communication was received from Commissioner Campbell, of the Departinent of Public Works, asking the Police to stop John Lenanan, a contracior, from paving 112th 6t,, between avenue A and First avenue, that person continuing to do the work in deflance of tho departineat, The Commissioner explained that Mr. Lenaban was ordered to stop working because he had tailed in the contract, Referred to the Superin- tendent. Inspector MeDermott requested by communication the iransier to his ofice of Sergeant Rayo, Eighth pre- cinct; Roundsman Dean, Ninth, and Patrolman Grant, Sixteenth. Relorred wo the Committee on Rules ang Diserpline, A report {rom Superintendent of Telegrapn Crowley showed that 12,262 messages had been sent over tue police wires daring August, Detective Timothy Golden was granted an addivonal month's leave o/ avseuce to continue im the service of | B. 1. Babbitt, for the purpose of closing up bis inveatt- gations in the Leckwith embezziement case, The case i8 NOW ready tor trial, all (he vocuments being on band, aud the District Avorney bas been notified, sergeant Bunileld, of the Seventh precinct, was transierred to the steamboat squad, Sergeant Fuller, from the siegmboat squad, to tne Seventy precinct; Roundsman Healy, Sixih to Twenty-six b precinct, and Pairoiman Heyer, Thirty-tirst to the iweifth precinct, The following patroimen were promoted roundemen and transierred to the precinets following their names:—John 8, Waterman, Fourth precinet, Ji F. Dalveck, Nineteenth precinet to Eighteenth ; Waite Thompson, Filth Diswict Court to Thirty-third pre- cinct,; Hemry Armstrong, Nineteenth sub-precinet to Fiteenth precinct; J. © Brush, Fourteenth precinct to Thirteenth; James Cosgrove, [rom Fourteenth pre- einct to Thirteenth, Edward Merritt, Twentieth precinet to Twenty-seventh; W. H. Taylor, second District Court to E.ghteenth precinct; W. KE. Frink, Fifteenth precinct to Central Office} Thomas F. Carley, Tweutieth precinct to Sixth; H. BM. Wells, Fifth precinct to Filteenth; ee ‘arner, Sixth preeinet to Twenty-sevent McKenna, Thirty thiru precinet Walsh, Ninth pre+ einet to Seventh, 1. M: Ninth precinet to Fittn; M. Doherty, Eighth precinct to ey enth; George Denneriim, Thirty-toird precinct to First; J. Corbett, mounted squad to Thirty-second ynet; A, Pellet, Twenty-fith precinct to steamboat squad, TRIAL OF CAPTAIN ROBBINS, Captain Robbins, of the Twenty-third precinct, was placed on trial yesterday for permitting the discharge of cannon at a ratification meeting on the east side, ‘The Captain showed thas no did bis duty in the prem- aoe tho case was re if decision to tho ul DAY, SEPTEMBER 6, 1876.—TRIPLE SHEET. IMMIGRATION. MARKED FALLING OFY THIS YEAR—STATISTICS YOR SEVERAL YEARS PAST—EFFORTS TO TAKE AWAY THE IMMIGRATION FROM THIS PORT. Thero has been a marked failing of this year in the immigration from Europe as compared with previous Years, espectally prior to 1874, when the numbers riving became noticeably less week by week. The fol- lowing table shows that so far this year (he decrease contiuues as compared with even the corresponding months of 1875, when the numbers were less than in any proceding year since 1560, 1876, Arrived, ToL January. 44,059 The marked feature in this year’s immigration was the inercased number of Russians arriving, as many a6 8,470 seeking a permanent home in this country, The number of Germans arfived this year was 17,602, and the number trom Great Britain and Ireland, 18,363. The following table will show tho number of aliens arr.ved at Castle Garden each year since 1866:— No. of Aliens Arrived, No. of Aliens Year. 1866 | 1887. 1568 1se9 1si0. The following tavie sbows the nationality of tho whole number of aliens who arrived during the years 174 aud 1875, and will, ata glance, show the actual decrease from each country :— st 25,069 + From The Gorman Empire 3,070 2.75 Kussit p The Austrian Empire. oT Swedes: ig Norway France. Denmark 5 Switzerlana, Aa Holland. Rot Belgium, 204 Wales... say | Luxemburg. 3 i West indies: 5 Ms Spain. 190 Helgoland. 6 ats South America, 14 102 163 ery 39 1 17 4 3 ii st 65 43 26 27 15 it 42 20 1 m 1 2 19 64 13 New Brunswick. 13 28 New Providence. Portugal. Total The great fall ing at this port is saia to be due, apart from the unine viling condition of trade in this city, to the strenuous eflorts which, for along time past, have been made by the authorities of others of the principal seaboard cities, especially Philadelphia and Baltimore, In both these latter cities there is an undisguised satisiaction folt at the difficulties and obstacles which, jor some time past, have beset the Commissioners ot Emigra- tion in their efforts to attract now, as heretofore, the great bulk of the immgration to New York’ city. Since 1847 the arrivals at this port constituted, until recently, at least eighty per cent of the total addition to the population of the United States by im- migration, including the influx through Canada, The loss ot the commerce incidental to the great falling off during the past two years fs necessarily serious, Tbe Emigration Commission, however, now that it has tided over so many difficul- ties in financial requirements, is resolved, as best it can, during the coming winter to set seriousiy to work to restore to this port much of what it bas already lost by uncontrollable epegeing influences. The only funds now tn tho hands of the Commission—$200,000—wero appropriated by the Legislature session to pay the current expenses of the institution during the year ending May 1, 1877. REAL ESTATE, The following isasummary of the business trans- acted at the Exchange Salesroom yesterday, Richard V. Harnett soid, by order of the Supreme Court, in foreclosure, Ambrose Monell referce, three story brown stone house, with lease of lot, 20 by 100.5, No. 189 East Forty-fourth street, 135 fect east of Lexington avenue, leased April 1, 1870, term twenty years, ground rent $440 per annum, to Thomas McManus, for $7,650, The same auctioneer also sold, by order of the Court, in foreclosure, two three story brown stone houses, with lease of lots, each 20 by 100.5, Nos. 146 and 148 East Forty-fifth street, 210 feet east ot Lex- ington avenue, leased April 1, 1870, term of twenty years, ground rent $520 per annum, to Thomas McManus, for $15,447 50. E. A, Lawrence & Co. sold, by order of the Supreme Court, in foreclosure, E. D. Gale, referee, a six story brick houso, with lot 25x100, on Essex street, cast side, 150 fect north of Rivington street, to George Heyne, for $17,200. The same auctioneer also sold, by order of the Supreme Court, in foreclosure, E. D, Gale, referee, a ix story brick house, with lot 21.3x65, No, 80 Stanton strect, north sido, 66.3 teet east of Allen street, to Laura E, Patterson, for $14,000, Also by or, der of the Court, samo referee, one lot, 25x100, on West 130th strect, south side, between Tenth avenue and Bloomingdale road, witha iot adjoiming, 16x25 feet, to Jobn Townsend, for $500. William Kennelly sold, by order of the Supreme Court. in foreciosure, W. W. Hewitt, referee, one lo! 25x100, on Fifth avenuo, east sido, 75.5 feet north of Fifty-fourth street, to bow Kroller, plainuf, for 29,000, ‘James M. Miller sold, by order of the Suprome Court, in foreciosure, J.C. Bushnell, referee, one jot, 25x100.5, on East Sixty-fourth street, north sile, 275 feet enst of Fitth avenue, to Fernando Wood, plainud, for $13,250; also, by order of the Court, in foreciosure, E. 8. Biack, reteree, a plot of land 199.6; on Toth avenue, east side, between 146th and 147th streets, to Matthew Sirapkins, for $10,000. a E. H. Ladiow & soid, by ordor of the supreme Court, in foreclosure, Mosos Ely, ref one lot, 25x 100.11, on West 109th street, north side, 250 feet west of Tenth avenue, to Joshua A. Dixon, for $2,000, D, M. Seaman sold, by order of the Supreme Court, tn foreciosure, W. S. Yard, reteree, a six story brick double tenement house, on the west side of Chrystic street, 175 feet north of Rivington street, with lot 25x 100, to Joseph Obmers, tor $25,300. TRANSEERS, 812,000 Baeeit........ + deed dated 1853, ile... . Washington av.. ws. 100x1 Di d wife to 8. 3 Kor fer. Keekendor! 5 of Ist av., 18x100.11, le (referee), to same. « ee @ commer of Suth #t, 20.5x70, same to James Denner p 2 Gal n. to Bithet.o. s, Hayes (reieree) to J. MOKTUA Fleck, Michael, to John Gurran, Bd ave: o years. (es. a, s. of Sth st., $1, ©. of 10th ay. ; Meyor, Williaa aud w (24th ward) ; year... Michelbacher and wife to ¢ | MARRIAGES AND DEATHS, . ENGAGED. SutLax—Beteriecy.—Jacon SHILLAS to Lax Bua FIKLD, both of this city. No cards : MARRIED. Macx—HAut.—On the 19th of Jw Highland H. Garnet, A. J. Mack to both of Baltimore, Md. Marpaca—Jacou.—In Washington, September 3, by the Rev. Father Wolf, Epwonp Marpaga, of New York, to Miss HewnrettTs, daughter of Eugene Jacob, of Washington. by the Rev. wow A. Haus, DIED Axins.—Wittiam Axtys, in the 2st year of bis age. ‘The friends and rejatives of the family are requestes to attend his tuneral, on Thursday, September 7, from his iate residence, No. 122 Kast 63d st,, at hal!-past bine A. M. Atwoop,—Suddenly, on Monday, September 4, Daxivs Atwoop, in the 49th year of bis age, Reiatives and Iriends of the family are respectfully invited to attend the funeral, this Wednesday, Septem- ber 6, from his late residence, 209 Washington st, Ho» at two o'clock P, M. on the 4thinst, Mr. Jacos Bus ir. ‘The reiatives and friends are invited to attend the | funeral, on Thursday, the 7th inst, at three P.M, from his late residence, Newtown, L BextHoLy.—Ai Harlem, September 4, 1876, of pneu- -monia, Estamr Eniza, wile of Abram G. Bertolt, Funeral services at ber late residence, No, 2,272 24 av., on Wedvesday, September 6, at iourP. M. Re- mains to be taken to Hanover, N. J,, Thursday morn- ing, at nine A. M. Bowex.—On Tuesday, September 5, E.izapuTs Bowsx, aged 68 ycars, Funeral from residence, 139 East 52d st, on Thurs day, at two P. Me Buxrixa,—On Monday evening, September 4, James A, Beytina. The relatives ana friends of the family are respectfully imvited to attend his funcra!, on Friday, the Sth, at hali-past two o'clock, from his late residence, 83 Henry st, Brooklyn, without further invitation, Buxtox.—In Riverside, Conu., September 4, Mr, Vanpunuitt L. Bextor, aged 69 years, Funeral trom the Congregational church, Greenwich, Wednesday, September 6, at two #, M, Carriages in waiting at Riverside depot for twelvo o'clock trai trom New York, CaLtovx.—On September 4, at Cornwall, Conn., Saran WaxyeR, widow of the late John C. Calhoun, aged 55 years, ¥ ‘uneral at Cornwall, Thursday, at half-past two P. M. Cugw.—On Sunday morning, September 3, at No. 141 Elliott piace, Brooklyn, Loursa, wicow of Robert Chew, in the Sth year of ber'age. Relatives and iriends are invited to attend the funeral services at St, Luke’s church, Clinton ay., betweet Fulton and Atlantic avs,. on Wednesday, 6th inst, at Interment in Greenwood Cemetery. —On September 4, Witttay C. Cranm, son of and late William Crane, aged 16 years and 24 aay Relatives and frienis of the family are respect- fully invited to attend the funeral, from the resi- dence of his mother, 405 Lexington ay,, Brooklyn, on Wednesday, at balf-past seven o'clock P. De Vavii.—On sunday, September 3, AMANDA, widow of Joun De Vauil. Relatives and friends are invited to attend the from the residence of her daughter, Mrs, 8. . 52 West Lith st., on Wednesday, September 6, at one o'clock P, M, Duiscoi.t.—On Monday, September 4, Eurex Drrs- conn, only daughter of Damel and Ellen Driscoll, aged 8 years and 7 days, Funeral will take place from the residence of her parents, 24 City Hall place, on Wednesday, September at two o'clock. Relatives and friends aro respect. ily invited, Facax.—September 5, 1876, Wittram Horacs, be loved son of John W, and Margaret A. Fagan, aged | year, 1 month and 3 days. ‘Funeral Thursday alternoon, attwo o’clock, fron residence of parents, No, 23 Scammel st., to Calvary Cemetery. Fisner.—On Monday, September 4, 1876, NicHoLas Fisner, Jr., youngest son of Nicholas and Louise Fishor, in the 29th year of his age. Roiatives and friends of tue family, also Cormthian Lodge, No, 488, F. aud A. M. are respectfully invited to attend the funeral, on Wednesday afternoon, Soptem- ber 6, at two o'clock, from his late residence, No, 148 East 40th st, The remains will be taken to Greenwot Cemetery for interment. Cormyrnian Lopor, F. Axo A. M.—BRerEREN:—You aro hereby summoned to meet at our Jodge room, No, 135 West 30th st., on Wednesday, September 6, at halt- past twelvo o'clock, sharp, for t ce purnors of attending the funeral of our brother, Nicolas Fis! By order of JAMES MoCANDLEsS, W. M, J. F, Tuortay, Secretary. Gius.—At Central Valley, September 4, 1876, Davin Ginn, in the 63d year of his age. Funeral Wednesday afternoon, at two o'clock, from the Highland Mills Methodist Episcopal church, Haxratry,—On Monday, Epwanp Hanratty, of the county Monaghan, in the 46th year of his age. Relatives and friends are respectiully invited to at tend the funeral, on Thursday, September 7, at tea aed from hi |e resident igsville, Long Island ity. Haxz—On Tuesday, September 5, at the residence of her brother-in-law, Mr. R. N, Kitching, No. 10 East ‘86th st, Estriy A., wife of the late Geo. F. Hanz, Relatives and friends aro invited to attend the fang ral, on Thursday, the 7th, ten o’clock A.M, atSh Ignatius’ chureh, 40th st., between 5th and 6th ave. Hontos.—Suddenly, on Monday, September 4, at Flusbing, i 1, Daniee W. Hoxtox, aged 85 years, for maoy yeurs clerk in the Foreign Department, Now York Post Otiice. Funeral Friaay, 8th inst., at two P. M. Jovxs.—Suddenly, in this city, September 5, 1876, Funeral services Wedresday, two P, M., from hig father’s residence, No, 459 Weat 19th st. Joxxs.—On Sunday, September 3, Wituiam HL, son of John Jones, Relatives and {riends are respectfully invited to at- tend the funeral, trom his late residence, No. 450 West 34th at, on Wednesday, at balf-past one PF. M. Lampgrt —On the oth inst, Mary Lampert, in the 35th year of her age. Relatives and tricnds of the family are repectfully invited to attend the tuneral, from the residence of her brother, Henry Lambert, 122 West 17th ek, on Friday morning, at ten o’cloek. Lovesoy.—On Monday, the 4th inst., Miss Cuara L Lovesoy, daughter of the late Dr. John Lovejoy, den- Hist, of this city. Relativ \d friends are respectfully invited to at- tend her funeral, on Wednesday, September 6, at eleven A. M., from the Church of the Holy Trinity, 126th st., corner of Sth av., Harlem, without further notice. Interment at Greenwood, Moone.—saddenly, on Monday, September 4, Jom Moors, of the parish of Ardagh, county of Limerick, Ireland, tn the 418i your of bis age, On Wednesday morning, at ten o’clock, the remains will be taken from hts late residence, No, 328 Sast 12th st., to the Courch of the Nativity, corner of 2d av. and 2d Bt, Where a solamn requiem mass will bo offered up for the repose of bts soul, and from thence to Cal. vary Cemetery for interment, at two o’clock. The* relatives and friends of the family are respectfully in. vited to attend, Mosemax.—At Port Chester, 4th inst, Cuantes W, Moseman, aged 29 years, Funeral services at St, Peter's Church, Port Chester, on Thursday, 7th just, at half-past one P. M. Rela. tives and friends are invited to attend without fur. ther notice. New York and New Haven train leaves Grand Concral depot at twelve M. McOnurG.—Sunday, September 3, Viover, infant daughter of John and Ellen McClurg. The relatives and friends are respectfully invited te attend the funeral, from tue residence of her parents, 457 West 26th st., on Wednesday afternoon, September 6, at one o'clock. McGowan.—On Tuesday, September 5, at tho resi- dence of bis sister, Mrs, White, Fort Hamilton, Jaume McGowan, Notice of funeral hereafter. McGruims.—On Monday, September 4, Mary Axw McGume, of county Monaghan, Ireland, after a short iilnees, beloved wife of Patrick McGuire, in the 27th year of her ace, Relatives and triends of tho family are respectfully invited to attend the funeral, from her late residence, 460 West 16th st. to-day, at one o'clock. McNamana.—Jamgs McNamana, late of No, 4 Baxter st, on Tuesday, September 6, aged 23 yours andi months. Funeral from St. Vincent's Hospital, 11th st., near 7th av., Wednesday, Septomber 6, at two o'clock P. My to which the relatives and Iriends are invited. O' Bates. —Encen ©. O' Bares, only daughter of Jane F. and Lawrence J, O'Brien, in tho 3d year of her age Funerai {rom the residence of her parents, No, 10 Madison st., on Wednesday, at two o'clock, Rivrsr.—On Sunday, September 3, at Huntington, LL, Caspen Ritrer, in bis 64th year, Funerai services will be held at the First Presbyte- rian church, Huntington, L. 1, on Wednesday, at one o'clock P. Relatives and friends are respectfully invited to attond the funeral, without farther notice, Trains leave Hunter's Porntat ten o'clock A. M. Car Tiagos will be in attendance at the depot. Suaw.—On Monday, September 4, Mra. Louisa W., widow of Frederick Shaw, in her 83d year. Funeral Weduesday, Soptember 6, at two P. M., from the resideuce of her son-in-law, Isaac Wardwell Stamtord, Conn, Se angy leave Grand Central depot at 12 M. and} . M. , SPooner.—At Campbeli Hail, Nyy 4 county, N. Y¥., | Septomver 3, Sormia Suaw, wife of Peleg B. Spooncr ot New York city. Relauves and friends are invited to attend tho fa neral, from the residence of her tather, James J, Ber toll, on Wednesday, September 6, at two o'clock P. M, Stayrox.—On the Sth inst, Mancarer Staxtox, aged 65 = Tne relatives and friends of the family are respect: fully mvited to attend tho funeral, trom her late rest deuce, No, 142 Cherry st., on Thursday, Sopte: at one o' ‘Sreanss—At Brooklyn, F, D., on the sth inst, L. and Phebe R Stearng daughter of J. months aud 11 days, Remains taken to Holleport, L. 1., tor interment, ‘Trck.—in Brooklyn, September 5, Rowent M. Dewrrs, eldest son of L. D. Tice, aged 26 years and 8 months, Relatives and friends are respectfully invited to at tend the funeral, from the residence ot bis iather, 17 achat, Lak a E. D., on Friday, Sth inst., at (wo joc ° , Vas Broxt.—In Brooklyn, on Monday, the 4th {1 Exiex, widow of Nicholas K. Van Bruni, in the Tats year of her age, Funeral services at her lato residence, 318 Cumber- land st., on Thursday, the 7th ins, at three o'ciock P.M. Relatives and ‘tri are respectfully invited Vax Waxkre.—On Tuesday, September 1 aged 1X, youngest daughter of Samuet and Kete Van Weare dias F jelatives and friends aro invited to attend the rai, Wednesday evening, at eight o’¢lock, fro of parents, 252 Wost 17th st, sigs ‘Papers copys