The New York Herald Newspaper, September 27, 1876, Page 5

a THE COURTS. Moulton Preparing to Spike Shear- man’s Batteries, Peenniary Unpleasantness Between Commodore iE Vanderbilt and Benjamin Wood. ANTICIPATING A DOWRY. Hackett on Disorderly Recorder . Houses. tmportant Charge in the Gari- baldi Trial. The warmth with which Mr. Shearman, in the argu- ment and suit of Francis D. Moulton against Henry Ward Beccher, on Monday, denounced the affidavit then flied on the part of Mr. Moulton, both as to its substance and manner of verification, suggested some Inquiry as to what were tho real facts in relation (o its preparation. This imquiry elicited tho information that the affidavit was prepared Ly Judge S. W. Fuller- ton, or under his direction, and was prepared with a view to state what was regarded by him as the facts, 1m oppesition to What Mr. Shearman had previously as- serted in reference to Mr. Moulton baving sought to influence the public mind in respect of the coming trial. When the affidavit was prepared it was sent to the office oi Mr. Moulton tobe sworn to. In the oltice of Mr. Moulton ma young genticmav who happens to be a notary for Kings county, and who informed Mr. Moul- ton that he also had authority to take affidavits in the county of New York. Mr. Moulion thereupon swore to tho affidavit, which was returned to the office of Govoral Pryor, with a request that one of big clerks would deliver jt to Judge Westbrook on Monday; and | shis was done, General Pryor being himself absent in Brooklyn, General Pryor never having seen the afll- davit, and Judge Fullerton never dreaming of any de- fect tn it either as to substance or form, both are rep- resented: as having been taken’ by surprise on reading the manner in which their op- mt had denounced itt in their absence, trouble as to tue form of verilication seems to have been simply an oversight on the part of the Rotary, Under u recent act of the Legisiature it was provided that a notary appotuted for any one county ‘Of the State should have authority to act in apy other county in which he tiled his signature and certificate of appointment. This formality, it appears, the no- Vary in this instance had overlooked, and iu thie re- spect only was the regularity of the verification left open to criticism. As tothe substance of the affiaa- vis there seems to he not only no disposition to make any change, but Mr. Moulton 1s will- ing and dosirous to have it verified in proper form jast us stands, Its true intent and meaning aro claimed on the side of Mr. Moulton to be that he never did publish anything since the commencement of the suit with intent to influence the p ‘This, it is claim. cd, was true at the time the alfidavit was mado and is true now, It was not intended, it is turther claimed, to swear and was not sworn, that Mr. Moulton had never made any publication in regard to the scandal. ‘That it was notorious that he had made divers publica- tivns in reference to it, to deny which be would have Fegarded on his part as being simply idiotic and capable of instant disproof; that these publications were made not to influence public opinion, but to meet aud rope movements of the oiher side, and that it isim- possible ior any unprejudiced mind to mistake the real Beope, purport and intent of bis alfidavit. Mr. Moul- ton is firm in hia determination to stand by bis de- pounced affidavit, and intimated an intention tq give Mr. Shearman a judicial opportunity to stand by the ‘truth of his, especially in that particular ip which he says “the plaintiff 1s anxious to have an exouse for discontinuance, and that the defendant has refused to tonsert thereto,” that statement having been sworn to by Mr. Shearman on his personal knowledge—a sworn Watement that Mr. Moultun says be has been in- structed amounts to perjury, fot which Mr. Shearman is liable to indictment by the Grand Jury. SUIT BY COMMODORE VANDERBILT. The protracted and painful illness of Commodore Vanderbilt does not prevent, it seems, his looking sharply after his legal interests. ‘The last suit, or suits, rather, in which the octogenarian railroad king figures as a party, arc two suits brought by him against Benjamin Wood upon three promissory notes aggre- gating $4,509, the only difference in the suits being the inclusion in the latier suit of the third note, omitted in the frat action. Tbe notes wero given on Decem- ber 24, 1875, being respectively tor two months, four mouths and six pote all able at the National City Bank. The notes, Cowrever, went to protest, and bene the present suits. Mr. Wood dues not deny giving the Deter, but sets up as an offset the payment of $1,000 om uccount of the notes on the 20th of April Iast, and an indebteduess to Lim by Ar. Vanderbilt of $6,000, rowing out of transactions in March, 1868, im New Fork Central Railroad stock, In his reply Mr. Van- ferbilt says he bas no recollection of any such transac- Mon, and application was made to Judge Saniord, of the Superior Court, in which court the suits are pend- Ing, tur a bill of particulars—that 1s to say, for a full statement of the stock transactions referred to. It is sated in the reply to tue answer to the complaint pet forth as the reasons for asking a bill of particulars that Mr. Vanderviit 18 a man who bas had for yea tensive transactions in stocks, that he is bow very ill and cannot attempt to recall end consider his transaction in 1868, with a view to s lecting and ascertaining such as defendant might poss: bly attempt to base his defence upon, but that if the defendant were compelled to indicate with precision the transaction be rejers to the plaintiff might then be enabled to explain the same to his attorney and pre- re for'a speedy® trial of the issues herein without ing exposed to possible surprise or incomplete prep- aration upon such trial Judge Sanford yesterday granted the appication for a bill of particulars. Mean- Ume the signature of Mr. Vai ‘vill to the verification to the complaint is tremulously written, showing the effects of his protracted illness, though in his usual tmavner of writing bis surname Van Derbult. CHEAP EDITING. In Marine Court, Chambers, betore Judge Sinnott, yesterday, a motion was argaed which seemed to indi- cate a doubtiul state of harmony among the brethren and sisters inverosted in conducting the religious paper known as the Church Union, The suit was brought by George E Thrall to recover from the Church Union Publishing Company a balance alleged to be due him for editorial services during ceveral years, and the mo- tion in toe case was, on the part of defenuants, to com- pel the plainti to give security for costs, on the ground that he is a non-resident. Figuring most rominently among those whose affidavits were used in support of the motion is Mrs, Elizabeth B, Grannis, tho treasurer of the company. Her testimony in the matter wus to the effect that the paint! had agreed to pettorm the servic. s tor his bourd and ciothes; that whe was keeping a boarding house at the time mm Fitth avenue, in this city, and being actively connected wih ‘the paper, took him to board at her house, and when she subsequentiy removed to Brooklyn he followed her there, boarding with her in all about three years or more. For over a year past, she alleges, the plaintiil has not resided in New York, and he is vow a resi- dent of Summit, N. J. Others connected with the company make affidavit to tho same fuct of plainuff being a resident of Summit, N. J., adding that he has Rot money enough to come York if wanted to do £0, and would live anywhere that it would cost bim nothing. With warmth piaintif's counsel repelled Jon that bis client, who, for y years, er of the Gospel, wa: & man mployments and yreat attainments, now engaged at Summit in the preparation of 4 book, should be without means to come to Now York or compelied to labor for merely his board and clothes. He furtber insisted that plainuif had never ceased to be a resident of this city, having only sought temyor- ary quiet in Jersey. Sinnott took the papors, reserving his decision, SEIZURE OF AN ILLICIT STILL, Deputy Collector 8, R. Hawicy made a raid yester- tay on Mlicit still at No, 522 East 12let strect, seized the apparatus and arrested two mou, William Niebubr and his son, William F, Niebabr, the alleged proprietors, At the time of the raid the stili was found in full blast in an extension in the rear of the bujlding, which is a private residence oocupied by the Niebabr family. In addition to the dis lilery appara. tus there were soized three bari of rum, threo ba Fels of molasses and about 1,000 gallons of molasses m: ‘The oapacity of the still is barreis daily, and ti about $2,000. Collector Hawley stated t! had been running about four mouths. Th denied all knowiedge of the business cal theit house, and said that a man named Milier leased apartment frow them without stating for what object ho wanted 1, The M sdoagh bated were given into the custody of Deputy Marshals Neweome and Harris, by whom they were taken before Commissioner piste) and held in $5,000 bail each to await exami. jon. A RASHLY IMPORTUNATE YOUTH. An injunction, coupled with rather unusual circum. Stances, was applied for yesterday to Chief Justice Daly, holding Special Term of the Court of Common Pleas. Morris Langer paid assiduous attentions, for Aome time to @ daughter of Samuel Deutcher, which Afver the engagement Lav: écording to the com. : ‘NEW YORK plaint in the case, told Mr. Deutcher that if he would Bive him $500 and notes for $1,000 be would marry bis daughter within three months, the prospective son-in- Jaw himself fixing the date of tho proposed marriage. ‘The iatwer thought this rather a singular proposition; but, as he proposed doing something for his daughter upon their getting merried, thought there could be no barm in anticipating the event, and desiring not to ap- F mean in the eyes of his (uture son-in-law, jo the proposal and forthwith gave bis checl ana three notes aggregating $1,000, This ante-nuptial gilt seemed, however, to cooi the ardor ot Langer, and his visits to the daughter from becoming less ire- quent fvaily ceased altogether, When called on jor an explanation he stated that he had changed his mind im regard to marrying the daughter, but hung on tena- ciously to the anticipatory dowry and refused point biank to retund the money or give up the notes, The injunction ed for was to prevent any transter of the notes, and an injunction also being asked for against Lyonce Langer, a brother, into whose custody, }t is al- leged, the notes have been given, The injunction or- der, which was applied for by Mr. Joseph C. Levi, the plaintiif’s counsel, was promptly granted, SUMMARY OF LAW CASES. Marie Hugart has brought a suit againat the city for $10,000 damage for injuries alleged to have been s1 tained in 1868 through falling into an excavation in 11th street, Owing to tho long delay in bringing the case to trial Judge Westbrook yesterday, apon appli- cation of tho Corporation Counsel, granted an order directing her to appear onthe 3d of next month for examination before trial. The case of the three youthful acrobats, Josopn Donshue, John Ellis aud Richard T, Ellis, was yester- day brought before Judge Westbrook, in Supreme Court, Chambers, on habeas corpus proceedings. The Court ordered the matier tu be referred to Mr, William Sinclair to take testimony in the case. The latter, however, after patientiy listening to a long prelimi- nary wrangle as to the scope of the examination ander the order of reference, adjourned the further hearing until this morning, at which time it is cx- pected the testimony will be proceeded with, In 1874 Frederick Obernier, somewhat prominent doth in political and military circles in Brooklyn, sold apiece of property in that city to J. Wendeline aud wife, giving a deed contaming the usual guarantee Ol titie, iree and clear of ail encumbrances, Reiy:ng upon these representations, and on the guarantee con- tained in the deed, the purchasers did not tinnk it ne- cessary to search the title. Some time after the pur- chase they were called upon to pay a mortgage for $300, or suffer the property to be gold under a decree of forectosure. The mortgage was paid, with interest and costs, immediately thereupon Mr. Wendeline and wife instituted a suit against Ubermier, bused on arantee of a clear title contained in their deed, to recover all they had been compelled to pay through is misrepresentatio: pored of by platntift’s counsel, obtaining a judgment before Judge McCue, in the City Court of Brooklyn, for $700, which was entered up in in plaintiff's favor, DECISIONS. SUPREME COURT-—CHAMBERS. By Judge Van Vorst. Orteaga vs. Leitch. —Reference ordered, Mercer va. Voso.—Remittitur filed; affirmed. Dussburger vs. Watt et al.—Reference ordered, Christie vs, Strange.—Undertaking approved. Hirsch va. Same,—Same order, Rodman et al. vs, Sam Same order. Klein vs Wolisohn.—Complaint, with proof af server, should be handed up. Vanderbilt ¥s. Wood (Nos, 1 and 2).—Bill of particu- lars of counter clanm ordered, Whitman vs. Hinton.—Reterence ordered. Crane va Tyler et al—Order making receiver party defendant. Maher vs. Central Park, North and East River Rail- road Company.—Remittitur; jadgment affirmed, Scnuchard ¢t al, vs, Bauk ot Paris; Engle va Setter; Evans vs. Ginter: Weitach vs. Browning, Wasson vs. Connover: irk vs. Bennioger.—Orders granted. By Judgo Saniora, Clark vs. Flannagan. —Uase ordered on file. Lawrence vs. Merrifield.—Cage and oxceptions set- tled. Porter vs. McGrath.—Motion granted without costs to either party. Memorandum of decisio! Smith vs, Dunscombe ¢t al.—Referee's firmed and judgment of foreclosure and sule ordered. In the matter of the petition of Southwark Hibbard for discharge from !mprsonment.—The prisoner is en- titled to be discharged from imprisonment on comply- ing With the requirements of the statute; let the prop- er order be prepared und presented, Bennetio vs. Lathrop.—Motion to continue injunction pendente lite deniod, with $10 cosis, SUPREME COURT-—SPECIAL TRRM. By Judge Van Vorst, Erringhan vs. Van-erbilt.—Counsol in the case will appear before me on Weduesday morning at eleven o’clock at this branch. SUPREME COURT—CIRCUIT—PaRT 2, By Judge Van Vorat Nolan vs. Harris.—Case end amendments settled, SURROGATE'S COURT. Estate of Margaret Sanderson.—Order that letters of adminisiration issue to > upon her executing abond yith icient sureties, tobe ap- proved by the Surrogate. Estate of Henry H. Richardson.—Order of reterence entered. Estate Henry W. Morris —Order it letters of ad- ministration be granted to Jovathan Edwardg, general uardiae of Gerard Morris Edwards and Mary Morris dwards, upon his executing a bond with sufficient euretiex, to be approved by Surrogate, said bond to be in the penalty of $80,000. Estate Francis Dougherty, a minor.—Order entered directing service of citation upon general guardian, by leaving same at her place of residence, as provided by: act of 1853, Estate 'y Anne Connors.—Order entered allowing administratrix to compromise claim due suid estate upon the terms and conditions therein mentioned, GENERAL SESSIONS—PART 1, Before Recorder Hackett, THE NOTORIOUS ‘‘GARIBALDI”’ CONVICTED. The trial of John Barnisciotta, alias “Garibaldi,” and Annie Smith, his alleged partner, on the inaict- ment for keeping a disorderly establishment at Nos, 34 and 36 West Fourth street, was concluded yester- day, As on the day preceding, the court room was densely crowded, the result of the investigation being awaitod with keen interest, especially by many of the property owners in the vicinity of the den mentioned, who have hitherto made such strenuous exertions to wipe out similar demoralizing iustitutions The revolting developments made in the course of the trial at once aroused general attention, and long beloro the proceedings commenced all the spaco in the court room was occupied. Recorder Hackett took his seat on the bench promptly at eleven o'clock. Assistant District Attorney sell appeared for the prosecution, the prisoners being defended by Messrs. A. Oakey Hail and William F, Howe. It will be rememvered that on Monday evening the caso had -closed, there re- maining only the chargo of the Recorder and the action of the jury. RECORDER MACKET?’S CHARGE. The jury having answered to their names, Recorder Hackett, in charging the jury, spoke as foilows:— GextTLeMEN or THR JuRY—Tho question in this case about to be submitted to your decision is free from y complications, and should be readily appreciated by you, instructe you are to be by the rules of law, which it becomes my duty to recite to you for your guidance, The prisoners at the bar have been indicted for and have been tried upon ap indictment charging them with the commission of a misdemeanor in keep- ing and maintaming ® disorderly house, a common nuisance, in the Filieenth ward of the city of New York, at ‘and preceding the 18th of September last. The acts claimed to bave been committed by the prisoners, and upon which the indictments against both of them are grounded, are not embraced in tuvory dein. tion, but auch acts were und are at common law a nui- gan ©, and every house open tothe public show and exhi- bition the common practices in which outrage decency, shock humanity and are contrary to good morals, are punishable at common law. ‘The term disorderly house jor which the prisoners are indicted and now tried is sometimes used in a very broad sense as including houses of prostitution, common gaming houses and other piaces of a like character to which pecple pro- miscuously resert for purposes immediately affecting and for purposes injurious to public morals. Tuo crec- tion of a mountebank 5: bas been held to be indict- nd the doctrine been more broadly laid down ery show und exhibition which outrages decency, shocks humanity or 18 contrary to good morals,” and the keeping of acommon gaming buuse or of a disorderly ale house, or inn, or indeed any otner disorderly house 1s a common Jaw offence on account, ainong other reasons, of the influence of such places upon public morals, I charge you, gentlemen, that the only question in this case tor your consideration is the question whether the defondants or either of them violated the law vy keeping a disorderly house amount- ing to a common nuisance at the time in qu jn that coonection | charge you emph: consider question involved you ono right to condemn either or both the prisoners of the charg the indictment because the i) ratistactorily to your minds that they guilty ol keeping a public house of prostitution, or that they have permitted, allowed and horized the giving of entertainments by their nade women boarder to strange men for money; but yoa can only consider such tacts if savsfactorily blished to your minds as bearing solely upon the question at issue—namely, whether the prisoners or either of them have been or judgment uch 18 the fact, it will become your duty to find the prisoners, or either one of them, guilty of the charge. 1 shail not go over the evidence: it should be iresh im your minda Take the cai in tho view of the law and give @ prisoners the benefit of any reasonabie doubt arising irom your consideration of the testimony. Was it a nuance? "I can tlustrate this question by r ferring to what a learned judge said in a similar caso:— “Lt is for you to find whether there has been an in- tentional Wanton, indecent exposure of persons for tho private gain of the prisoners in such manuer as to offend public decency.’’ The keeping of a disorderly house is a common law offence on account, among other reasons, of the evil influences of such plac upon the pubhe mor It is iatd down in Bishop's Criminal Law that whatever may be the preciso extent to which the common law protects religion there is no question but that the common F yee goad and publicly fully cherishes the public morals and punishes HERALD, WEDNESDAY, asa crimeevery act which it deems sofficiently ovil and directly tending to impair the public and so early as Bi: jackstone an act of gross lewd- dictable. This case now to your consideration fraught with vital interest to and involves a serious question of «i decency, the answer to ES this community morals and respect to law which devolves upon your body. The verdict that you shali render may be regarded as the prevailing senti- ment of our community as to the propriety or immor- ality of keeping & house of the character in question, and whic has invoked the action of the Grand Jury 1m having Jndicted the prisoners tor keeping a common nuisunce—a disorderly house. Mr. Hall asked the Court te charge the jury that it was entirely a question of tact tor the jury to deter- mine whether a house was a disorderly nou: whether a house was a disorderly bouse amounting to a common nuisance to tue neighbors, and that the jury must find from the testimony the fact whether the risoners separately or jointly kept a disorderly wuse, Counsel also asked the Court to charge that the keeping of a house of ill tame, unless it was ais orderly to the neighborhood, did not constitute, iu the Janguage of the indictment, a parsance, although jt might be rndictable as an offence against decency. Recorder Hackett, after instructing the jury as to the law bearing on ihe points mentioned, so charged. ‘The jury then retired, and after an absence of Mliecen minutes returned a verdict of guilty. ud sentence, as Mr. then busily engaged in Part 2, inteaded to move jor a vew trial, The Kecorder accordingly remanded the prisoner until this morning. ‘The conviction of the prisoners is regarded as a very favorable omen by the property owners of the Fifteenth ward, Their den has beeu an eye-sore for years, and Captain Byrne has been highly commended for his re- cent successtul raid. 1t is understood that he ts follow- ing up the good work by getting a list of property own- ers who let their premises for immoral purposes, and that the list, when completed, will be handed to the Distriet Attorney tor aciion, Meantime, following the conviction of the prisoners, application was made by their counsel to Judge Westbrook, in Supreme Court, for a writ of habeus corpus, which was granted and the same made returnable this morning. A SHOPLIFTER CAGED, Charles Wallace, alias Wilson, alias George L. Mar- tin, arotorious shoplifter, pleaded guilty to stealing a gold locket from the store No. 1 Bond street on the 18th of August, and also to the charge of having stolen Nos. 105 to the State ?rison for four years. ANOTHRE THIEF DISPOSED OF. Jobn Slevin, who gavd his residence as No, 24 Jack- Bon street, was placed at the bar apon an indictment charging him with having stolcn a gold waich anda revolver (roin Joseph Lowenberg, of No. 318 Delancey street. Ho pleaded guilty, and was sentenced to four years’ imprisonment in the State Prison, BURGLARY. Edward Thomas, of No, 171 Malberry stroet, broke into the premises of Mr. George Hunt, No. 184 Grand street, on sha inst., and stole property amounting im value t He pleaded gulity, and Was sent to State Prison for five years. ATTEMPTED OUTRAGE ON A CHILD, A middle-aged man who gave his name as Martines Marto, df No, 196 Mott street, was tried yesterday upon an indictment chargiug him with having attempted to outrage the person of alittle girl ten years old, who resided in the same house. The jury found the prisoner guilty, and tho Recorder sentenced him to tho full penalty of the law—five years ia the State Prisen at bard tabor. STEALING A ROWBOAT. Four boys named John Murphy, Willtam Quinlan, John Ryan snd James Gallagher, respectivoly, stole a boat from ono of the boat houses on the East River, They pleaded guilty, and wero each sentenced to thirty days in the City Prison, GENERAL SESSIONS—PART 1. THE WAR ON OBSCENE LITERATURE, Louis Kuestner and Henry Kuestoer were placed at the bar charged with having on the 6th of April last sold acertain obscene book at No. 154 Essex streat, Assistant District Attorney Herring appeared for the prosecution, which was instituted at the instance of the Society for the Suppression of Vice Mr. A. Oakey Hall defended the prisoners. Mr. Anthony Comstock, agent of the society, testified thatthe prisoners kept a stationery store at No, 164 Essex street; witness went there on the day in ques- tion and purchased an obscene book for which he paid twenty-fve cents; bis assistant also purchased other similar obscen books and pamphlets, which were submitted tothe jury for examination. The witness on cross examination by Mr, Halt stated that he wont to tho store to see if what had been reported to him was true; he had rd that the dolendants were in tho habit of loaning books fora certain sum of money; he knew that if he purchased an obscene book on the premises be would have suifleient ground to proceed against the proprietor: it was with the prisoner, Henry, that he baa any d ings, not baving seon Lows on the day he made the purchase; he saw him on the day of the arrest; on the day of the purchase Mr. Button, his assistant, camo into thestore and returned a book which had been loaned to him and obtained another; witness took up a book aod asked the price of it, und Kkuostner said they did not sell them, but they loaned them; ho if witness paid so much for a book and brought it back he would be allowed fitteen cents or witness could take another book and pay ten cenig; witness bought two books for fitty cents and ie/t the store. . Joseph A, Britton testitied that he was employed by the Society ior the Suppression ot Vice. When be first went to the store of the defendanis he asked Henry Kuestner whether he bad any.“rich and racy’? vooks. Kuestuer said be had, but not for sale. Witness bout to leave when Kuestner said he had some ould lend, and exhibited what purported to bo translations of Paul de Kock’s works. A deposit of twenty-five cents was required and ten cents for the loan of the book. Witness this book to Mr. Comstock. At the close of the evidence tor the proge- eution Mr. Hail moved that the jury be directed io acquit Louis Kuestner on the ground that the evidence did not connect him with the joint possession of the book set up in the imdictment. He also moved to acquit both ofthe defendants, because there was po evidence that the book set up in the indictment and submitted to the jary was obscene. Ho further moved that the jury be directed to acquit the dvlendants on the ground that no intent to disseminate obscene lito- bad been proven. Idersieeve denied the motions. Louis Kuostner was then examined, and stated that he knew but very little about the Looks in question, not being able to read Evglish well; he did not know that they were any different from the ordinary dime novels sold; he had little to do with the business in the store, boing mostly engaged outside while his brother attended to ihe business inside. The prisoner, Henry Kuestner, at this stago pleaded gailty, and the question ag to the quilt of the other prisoner was submitted to the jury, who returned Verdict of not guilty. Mr. Hall made an eloquent ap- peal in‘behal! of Henry Kuestner, who was sentenced to 81x months’ imprisonment in tho Penitentiary. VIOLATING A SANITARY ORDINANCE. Michael Kane and James Savage were arraigned at tho bar charged with storing, keeping and turning manure in East Forty-sixth street, in violation of ordi- nance No. 112 of the Sanitary code, Mr. W. R. Pren- tice appeared on the part of the Board of Health, and ex-Judge Garvin for the prisoners, They both pleaded guilty, and were sentenced to pay a fine of $260 each, POLICE COURT NOTES. On Monday night OMicer Smyth, of the Twenty-first precinct, was assaulied and knocked down while tak- 1ng @ prisoner to the station house by Philp Broderick, of No, 447 East Thirty-second street. Broderick bada grudge against the officer for having arrested bim somé time ago on a charge of burglary, of which he proved himself innocent. He struck the officer with a cobble lone on the head, and while down jumped upon him. The prisoner escaped, and alter a desperate struggic Broderick was taken to the station house, bieeding profusely from the effects of a biow the officer gavo him on the head with his club, At the Filty-seventh Street Court Judge Wandell held him for trial in de- fault of $1,000 bail” 3 Daniel Cumiskey, No. 465 Wost Forty-sixth street, George Drew, No, 683 Eleventh avenue, and William Shepherd, No. 743 Ninth avenue, held for trial at tho Fitt; venth Street Court yesterday on a charge of violating the Exen we Herman Sinith, of No. 385 Kast Forty-fifth stre was hela for mination atthe Fifty-seventh Street Court, yesterday, on a charge of being an accomplice of Danie! McGovern in the larceny of two watches worth $150 McGovern was held on Monday. At the fombs Police Court yesterday Michael Hayes and William Bridges were held in $1,400 for trial at the General Sessions on a charge ot complicity in carrying on a game of “taro” at No. 37 Front street, AL the app 8 of the game was seized. COUKT CALENDARS—THIS DAY. Scrreme Court, Coamnxns—Held by Jadge Weat- brook. —Nos 19, 27, 63, 90, 114, 115, 162, 215, 216, Sh ms 228, 234, 246, 248, 250, 259, 262 269, 270, 7 Court or GeNeRAL Sxssions—Part 1—Belore Re- corder Hacketti—The People vs, John Taffo, homi- cide: Same vs. James Lyons, roubery ; same vs. Joseph McKiernan, jelonious assault and battery; Same vs. James Martin and James Campbell, burglary; Same vs. George Leer, grand larceny; Same vs, Patrick Waters, grand lar Samo vs. Laurence Curtin, grand lar- cency ; Same Charlies Wilson, grand larceny ; Same Joun Curtin, John Brady and Thomas Killy, graod tar. ceny; Same. vs, John jovan, grand larceny ; Sami Brown, misdemeanor; Same vs. Sarah A. M. demeanor; Samo A Tracy, disor- Same vs. Thomas Henson, assandt and Part 2—Before Judge Gi. leeve.—The People ys. bugene Kiernan and Michael! Leneban, bur- glaty; Same ve. Johu Carmody aud Edward Malone, burglary; Same vs. Edward Sinclair, grand larceny; Same vs. Maria Maning, grand larceny; Same vs. Dauiel Friedt ssauit and batte nd battery; Same va. Lizare id and Alexander Clark, ob Wiliam ‘ame V8, hiteratat Sai va Joseph sel obscene literature; Same va Charlue Amel aud aibers ooscene literature; Same vs. Joreph Koobler, obseene hterature; Same ve. Silos Hick~, obscone literature. couRT APPEALS. ALDASY, Sept. 26, 1876, Ip Court of Appeals to-day tbe followi: were banded down: Remittitur corrected by making the judgment with- out costs to either party as against she other.—Gour- Ets, Campbell, lotion granted, with costs of appeal to the time of making the motion and $10 costs of motion.—Dalbec! va. Thatcher. Motion granted on payment of $10 costs and dis- bursements upon the dismissal. —Hall vs. Sheebai Appeal dismissed, with costs.—Peopic ex rel, Gray vs. Philips. Order attirmed, with costs, —In re People ex rel. Mii- Jer vs, Griswold, Judgment affirmed, with costs.—Miadletown vs. Walters. Judgment reversed and judgment ordered for the plaintif and for a specitic performance of the con- tract,—Ackeriman ve. Gorton. Appeal dismi-sed, with costs.--Byrpes va. Drum, MOTIONS, Preston vs. Munroe; Barnes vs, Proston. amend judgwent as to costs,—Samu¢l ton, Henry Smith opposed. Keogh ‘vs, Westervelt—Motion for reargument, Submitted Pollak ve. Schultz —Motion to restore cause to its Place on the calendar.—Submitted. APPEALS PROM ORDERS, No, 341. Philips vs. Wheeler.—Argued by A. J. Par- ker for appelianis, M. A. Nelson for respondent. No, 306. In re application of William Beggs tor ad- mission to the Bar.—Submitted. No. 398. People ex rel. Canajoharie National Bank vs. Board of Supervisors, —Argued by George F. Com- stock and James E. Dewey for appellants, N. C. Monk for respondent, No. 401, In ro petition of Holy Sepulchre, Upon motion of counsel for the appellant, the Corporation Counsel not opposing. Judgment reversed i accord- ance with the decision of the Court in the case of the Feet avenue Methodist church, decided in June, No, 402 In re petition of the Harlem Presbyterian church.—Samo as above. No. 272. lsanc M. Sloman, appellant, va The Groat Westero Railroad Comp.ny.—Arguod by William F. Cogsweil for appellant, E. C. Sprague for respandon| No, 275. Mary E. Jobes, respondent, vs. The } York and Harlom Railroad Company, appellants.—W. A. Beach for appellant, E. H. Berm lor respondent, Adjourned, COUR? OF APPEALS CALENDAR. Day Carenpan ror Wepszspay, Sept. 27, 1876.—Nos, 277, 27K, 481, 224, 268, 282, 137, 230. COTTON BROKERS’ CONTRACTS, In the Suprome Coart, Circuit, of New Jersey, at Hudson City, before Judge Knapp. The trial of the suit brought by Charles W. Crosby against Sidnoy B Bevans, case of no little importance and novelty, which was commenced on Friday last, was finished Yesterday. Tho fucts as adduced at the trial appear to be that in May, 1874, the detendant placed tn the plain. tia hands upward of $5,000 for the purpose of en- abling plaintiff to act as broker and buy and sell cotton for dofendant’s account, the defendant also being @cotton broker; that various transactions were had, and moneys made, and at times lost, in way of speou- Jating in cotton, according to the custom and usage of the Cotton Exchange, until July 13, 1874, when the plaintiff requested defendint to put up more margin to make good his account, the decline in the market having been such as to absorb all moneys to the credit of the defendant. The evidence further showed that the plaintifl was very considerate and indulgent with the defenduat and carried his cotton contracts ‘or him over into the month of September, 1874, the defendant making prom- iges irom time to time to secure the plantit against the losses incurred, but failed to do 80; and that several attempts Were made and agreements entered into by which defendant was to causo a mortgage to be executed to the plaintiff by his (defendant's) wile or otber party to hold plaintil harmless, which agree- ments uever were fulfilled, It also appeared that in August 1874, the defendant's wile wroie a letter to the Piaiowid in which she asked the plaintiff to hold the | cotton and not sell her husband out tll Septembor 2 following, which ,the plaintift agreed to and did, and that plaintiff at the urgent request and baseless proin- ises of the defendant actuslly carried the cotton till OF ‘Motion to Hand for mo- September 28, when he sold defendant out, the defendant giving Bim directions 80 to do, as woll as delivering a jetter to plainti@ from defendant's wife directing him (plaintiff) to sell out. The plaintiff accordingly sold the cotton which he had held for two months on tho defendant's account, and the losses on the whole over Margin then existing amounted to the suin of up- of $3,000, It was shown that about the time the plaintiff sold defenuant out the defendant admitted the amount then due between them to be due and acer- tain bond and mortgage drawn and certain papers pre- pared with the view of securing and liquidating tho amount, but the defendant again failed to curry out his agreement. Karly in December of that year an arbi- tration of acommitiee under the rules ot the Cotton Exchange was had as to the question whether the plaintift’s claim was within the timo required by tho Tules of the Exchange to be filed to bea lien against the defendant’s seat or membership. Tho defendant on this brauch of the case swore on the stand that tho matter heard before the arbitrators was us to the legal validity of the plaintiff’. claim, but {t was shown by her witnesses, and by the charter Cotton Exchange itself, that such ind no arbitration under tho by-laws, poD ADY question except the one question as to whether the plaintiffs claim was filed in time to bo alien on defendant's scat. It was further shown that certain notes wero given jn December, 1874, amounting to $1,000; anda noted for $1,750 under the agreement that if the defendant paid the note: amounting to $1,000 in the aggregate when they w due, plaintiff would surrender tho balance of tho account or debt. The defendant did not meet tho notes when due, and tho whole indebtedness was therefore opened and subsisting. In April, 1875, defendant gave renewal notes, amounting in all to $2,983 77; and on these notes 1t was that the pros. ent action was brought to recover the indebtcdnoss, During the trial many important quostions of law arose as to the purport of the transaction, as to whether such contracts were legal, and many authori- ties wore cited on either side., The only case of ex- actly the Same character as the ono on trial which was cited was that cited on the part of the plaintiff, and was tho case of Lebman vs. Strasburger, which case was tried in Mobile, Ala, betore Judgo Busteed. In that case the court below decided that such contracts were illegal, but apon the ca coming up before the Circuit Court of the United States at Mobile on writ of r Judge Woods held the contracts of cotton brokers (marginal contracts for the sale and purchase ol cotion under the rules of the Cotton Exchange) to be wholly | and entirely legal, and remanded the case back to be tried by another jury. Judge Knapp charged the jury clearly on the several points raised in the case. ASto the colton contracts ve directed them to find specially as follows; ‘Whether the transaction between tho parties was the bond fide salo and purchase of cotton or a mere colorable agreeinent under which neither party intended to deliver or re- ceive cotton, but intended to pay ouly differences ac- cording to the rise or fall of the market.” The jury rendered a verdict for the plairuf for $979 50, Mr. John F. Baker appeared as counscl for the plains tf, and Messrs. Linn & Babbitt for the defendant. NEW JEKSEY CASES DECIDED, Trextox, N, J., Sept. 26, 1876, In the United States Circuit Court to-day Judge Nixon delivered opinions as follows :— Inthe case of the Webster Loom Company against the New Brunswick Carpet Company an injunction to Prevent the use of certain looms was refused. In the ce of the Exchange National Bank of Pittsburg against the First National Bunk of Newark (two cases) non suits were granted in both cases against the plamntitt, In the case of the Consolidated Fruit Jar Company against Thomas and Samuel Whitney aod others, which Wag a suit in relation tv the exsignment of a patent on frult jars, asking for a permanent injunction to re. strain the defendants from selling or using the trait an injunction was ordered against these defend. id all other defendants, and an account ordered to ascertain damages. UNITED STATES SUPREME COURT. DECISIONS, Wasuinaron, Sept, 26, 1876, MUNICIPAL RONDS—A YOTY FOR THEIR ISSUR 18 NOT A VALID PROMISE WHERE THE PRESCRINED CONDITION MAS NOT ARISEN. Noa 43. The Town of Concord, piatotif in error, vs. The Portsmouth Savings Bank—In orror to the Circuit Court for the Northern District of [linois —The bonis to which the coupons in suit were attached purport to have been made under legislative authority given to the town officers by the act of March 7, 1867. Their Tecitals make diroct roference to that act by its title, which is set forth at length, with an avyorment that they were issued under and by virtue of it, The ori- mary question, therelore, 1s whether that statute did in reality give to the Supervisor and Clerk of the town power to execute and deliver town bonds on the 9th day of October, 1871 (when the bonds wero in fact iegued), 88 @n appropriation or donation to a railroad company. Tho first and second sections are the only ones to which reference need be By the firat it was enacted that certain incorporated towns and cities, and towns actiug under the Township Organization Jaw (among which It is conceded the town of Concord was one), should be and were sev ally authorized to appropriate such sum of money a: they might ‘deem proper, to the Chicago, Danville and Vincenues Ratlroad Company, to aid in the construc. tion of the road of said company; to be paid to the company a9 8000 as the track of said road should have been located and constructed through said city, town, or township respectively, To this was attached the following proviso ;—‘ Provided, however, that the prop- sition Lo appropriate moneys to said company shail be first aubmitiea to a vote of the legal voters of said Feapective townships, towns or cities, at a regular annual or special meeting, by givin, t; and a voto shail ba then the sam second section empowered and required the ay thoritics of said municipalities to lay and collect a tax And make such provisions as might bo nocessary for the prowpt SEPTEMBER 27, 1876.—TRIPLE SHEET. } at all atterward. payment of the appropriation under the provisions of the law. Th thority given to the town of Concord by statute was not to subseribe to the stock of the railroad company, bat to make an appropriation or dopation in aid of the construction of the road, and even that donation was not permitted to be made until after the completion of the location And construction of the road throug’ the town. It has been strenuously insisted during the argument that the act conferred no power upon the town to make €D appropriation or donation by the iseuing of bonds or certificates of indebtedness, It is said other provis- ton was made for the donation; provision by the levy and collection of atax, We do not care, bowever, to seuss this matter, for in the view wach ave of the case it is quite immaterial, A popular clection ing been held, and a majority of votes cast at the election having been in favor of the appropriation, it May be conesded that payment of the appropriation could lawtully have been made in town bonds instead of money if the donation itself was authorized. The Teal question is whether the authority to make the donation existed when it was made. Legislature of 1867 may havo been authority for a dona- tion at any time prior to July 2, 1870, and no authority And such we think it was. The pop ular vote in favor of an appropriation was or the 20h of November, 189, but i8 wax not of itself an appro- priation or donation, and the town was not au thorized to make it until the ratiroad was located = and structed through the town, Before that time, and bejore apy attempt at a donation or appropriation was made, the authority to make it ‘was withdrawn, If no effect be attributed to the re- Scinding vote of June 30, 1870, the new constitution of the State, which came into operation on the 2nd of July, 1870, annulled, we think, the power of inunici- palitios to make donations ‘to railroad companies. Yuder the new constitutiau subscriptions can be m: to the capital stock of railroad companies under tain circumstances, but no donations can be made. After the date of this article, there having been at shat time no donation, none could be made. here was ho contract to be impaired betore the donation, although thero had been a vote in favor of it, for there was no consideration for the promise implied by the vote, the road not having as yet been located through the town. Reversed. Mr. Justice Strong delivered the opinion. THE EXHIBITION. INCREASE OF TYPHOID FEVER AND DIARRNGAL COMPLAINTS AMONG VISITORS—INCREDULITY OF PHILADELPHIA JOURNALS AND PHYSI- CIANS—DB, OROSSON’S ANALYSIS OF THE SCHUXLEILL WATER—FATAL OASES AMONG EXHIBITORS’ ATTENDANTS. Pmuapsienta, Sept. 25, 1876. Despite the assurances of tho authoritics and the pross of the Centennial City that one of its distin- guishing characteristics 1s its oxcellont sanitary condi- tion—and this they attempt to prove by every possible kind of argument evolved trom their inner conacious- noss—tho ugly fact till renfains that there ts an alarm- ing prevalence of sickness among strangers and ex- hibitors, This sicknoss takes the form, princi- pally, of dysentery and diarrbqal complaints, and since the Jate rains the cases have inereasod to an extent that calla for closer investiga- tion than Philadelphians are willing to grant it. Scarcely a day passes without new developments in this line, and, although in the majority of cases prompt remedies are adopted, they seem to be of no avail, und typhoid fever asserts its power ovor all the skill of the physician. Many tamilies have been obliged to shorten their visits here from this cause, and to return homo before tho consequences become fatal. The Philadel- phia journals pooh-pooh the existenco of such a stato Of affairs, and one paper insinuatos that the only sick- ness from which visitors haye suffered was caused’ by intemperance, Considering that ladies are the prin- cipal sufferers the insinuation isa vory ungallant one. The extreme reticence of tho local medical authorities on the subject, which has been partially broken of lato by the disclosures made in the Heap, and then in a very unsatisfactory manner, ronders the situation all the more calculated to inspire fear and mistrust. Febrilo symptoms, followea by complaints of a more positively dangerous nature, are experiencod at present by a large proportion of the visitors, In the Main Hall many of the foreign exhibitors say that since the recent storms they experience feverish complaints to a greater dograc than at any period bo- fore. The air seems to be impregnated with somo subtie malarious material that makes itself felt in the human system im tho manner described. Over oxer- tion and excitement are mentioned here as causes Mkely to bring on sickness among strangers, but this explanation will hardly suffice in the case of exhibitors, whose lives aro dull enough during the most of the time they are at their posts. The torrid heat of tho memorable Contennial summer can no longer bo brought forward os a reason for sickness among ox- hibitors and visitors, and as there is every opportunity afforded them at the various restaurants on the grounds to have their moais at all hours, irregularity In diet can- not be the cause of such widespread complaint. One would think, from the confident manner in which the press and the local physicians ring the changes on tho ‘mprudence”” of visitors, that the vast body of i who attend the Centennial are little better than A LOT OF OMILDREN let loose from school, wha require the constant vigi- lance of the experienco Philadolphian to keep them from harm, The surface drainage of the grounds is a subject that might be profitably investigated hy com- petent and disinterested authorities who would not fear to speak boidiy on the matter. A large number of Jadies leit tor their homes during the past week sufler- ing from typhotd tevor, In regard to the effects of over- | exertion and excitement on the average visitor, a phy- sician in tois city gravely predicts a large increase of cases of isanity as one of the results of the Exhibi- tion, (No reference to financial troubles.) It is no easy task toarrive at the facts in individual conser of sickness among exhibitors and attenaants, as there scems to be some mysterious inflacnce at work to keep the matier as much as possible from the public, A balf hour’s stroll in M: in the neighborhood of the New York Henao pross, convinced your correspondent that if that portion of the Exhibition may be takea ag aftair sample otf whole there can be no possible doubt that thero is much more sickness among exbibitors and attendants than is commoniy supposed. CASKS OF TYPHOID FEVER. A stereotyper’s helper at the Bullock press sterco- typing department, a young man named William Lee, has been sick for several we with typhoid fevor, and is still prostrated, ‘A young inan named Bessemer, employed at tho machines of Carver & Brown, paper cutters, of Phila- deiphia, bas been ill six weeks with typhoid lever, ‘186 Salle Faulkner, an attendaat tor Charies J. Cohen, envelope manufacturer, of Philadelphia, has been 1] two months of malarial fever. Miss Mary Davis, with N. M. Kerr & Co.'s exhibit of Paper box muking machinery, bas been prostrated for eight weeks with the fever. jacob Seybert, a young man at Chambers & Brother’s, newspaper iolder, was taken sick several ago of typhus fever, and, alter a lingering , died. Edwin Pyford, superintendent of the bookfoiders, atthe same pluce, has suffered from tbe disease, but recovered, Everett P, Roberts, employé of the commission Btationed at the Campbeli press building, adjoiming Machinery Hall, died recently from a disease of a typhoid nature, H. 1. Beurse, in the same building, a bookkeeper employed by the exhibitors, 18 now ‘sick of typ! contracted at the grounds by exposure to the malaria. One of the young ladies at an American waich com- pany’s exuibit has been Il foralong ume with typhoid fever. Another lady operating one of the sewing machines in tho lower part of the ball was prostrated with it tor six weeks, In neither of thexe cases would the sullerors permit their names to be publisued, Several of the young ladies attending at the stands of the Centennial Photographic Company, where pho. tographs and Centennial momentoes are sold, huve suf- fered frum the disease, In a saunter through the building three were sound who bad just recovered from dangerous attacks They were afraid of being dis- charged if their names were publisn Yesierday a very pretty young woman named Emma Bonder, aged sixteen, who had been selling flowers at one of the stands in the main aisle, died of typhoid fover alter only a week's ilines: Another young lady, who sells flowers, told me that sho had been sick, “but,” she said, “we have been requested not 0 talk much avout it, “A great many of us have been sick.” Dr. Charies M, Cresson, M. D., the eminent chemist who makes the examin tue ony, under the di Fairmount ark, stated that ov the Sist of May he vis- ded tue Centennial grounds, in pursuance of iis regu- lur duties, 10 examine the drainage oi the grounds He found that the sewage irom a iatge portion of the grounds was emptied into tho river by having first made a chemical analysis of the water. Ho reported to the Centennial authorities that something was wrong, and an examimation showed that the two little streams that empty into the river— one irom Lansdown Ravine, the other trom Belmont Ravine—had received of the buildings within the enciosure, such as Lauber’s, the American and the Latuyette’ restaurants, the Vienna coflee house, and come of the State busidings, (hig matter attention, and was issucd compelling the filth into sink-wells, The supply pipe of the Centennial water works was carried out beyond the mad bank in the river at this point. In relation to the sickness at the grounds Dr, Cresson did not consider that is was unusual, considering the number of strangers there afd their imprudenve. was emphatic in declaring that it could not be from the water supply, “What there 1s,” he said, simply the effect of the season of the ye: id the @: posure to the night ar and evening of ‘unacclimated persons. Ali water courses inctease the percentage of intermit remittent jevers among those who nol been accustomed to that atmosphore, All river places are infected with chilis and fever, and chill: fover become of @ typhoid mature whem they attack a the fith trom some | The act of the | | | | for $2. | | sity, stranger. \ cannot in any way traee the cases.of sick- ong exty ditors and vt than the itnpradence of the Tors, It they wit! not expose themselves to the mght air, and + do not eat and drink improdentiy, using the causton that every sensible person will wien away trom home, wee need not suffer from typhoid fever or any other isago,”” Dr. Crosson said:—“Un the 16th of September, the Present month, I obtained some water from the Fair. mount forebay, just above the dam." [This forebay It immediately in trout of the turbine wheels whieo force the water up into the receiving reservoirs which supply the city, Thedem is tor the purpose of keop- ing back the water in (his forebay. | This Water Was touud to be of far quality, better than the average of water su dito large cities, It was betier than I bad fourd time ince September 7, 1 in the Sehuytkill at an: curing which interval have made sixt yoes. The water m actually purer now than it had ab apy time since 1872."" “What do you attribute this fact to 1" “First, tothe removal of the stiugier houses and ds—formerly drained into the river irom the Oo the ubatioir of the lennsyivania B ad, below the dain; second, to the action of the Comins sioners of the Park in’ preventing tho inflow of im. proper matter from the factories that are situated om the banks of the river; and, third, to tbe activity ol the Board of Health, wiio have compelled the slaughter houses on the east side of the river to be kept iu a proper manger. That tho water should be i such good coudition now is the more remarkable when we consider the fact of the unpre. cedentedly loug arought. (The day I made my ox: amination happened to be the last of this drought, The water had flowed over the Fairmount dam bu nine days since the 20th of June, and for forty-five days preceding this me, when the water last taken for tion, it had not reached the curbing of (he dam; consequently there was retained in the dato nearly a1 of the impuritics that had been poured into it during the whole of that time. Notwithstand. ‘ng thts the water was as good as that supplied to the city of London, which is not to be understood to mean the Thaines water, THE PERCENTAGE OF IMPURITIES IX TH WATER, “I jound at my inst analysis that the water cont 1.74 parts of sev parts of albumi go in 1,000,000 parts of water, or .17, 1 ammonia in 1,000,000 parts of water. This would represent about 1.17 pounds of animal matter tn 1,000,000 pounds of water, about 0.0L grain to cach gallon. The wator supplied from th Schuylkill River to this city and for the Centenntal greunds this year has unt formly been better than was the city sup correspouding periots of several previous years, { ain Patistied that the consumers of Fairmount water have not been injured by its use, even when it has boon in its most impure condition, wholesome as that su analyses have been published, majority of them. sad at Prosent it is quite as 1ea to any elty of which nd ine better than a Pa tinent. In the spring of 1875, finding that some interference nec to prevent the further pollution of tho Schuylkill River water, Lnoitied the Chief Engineer of the Water Department aud the oard of Hoalth of the fact, giv.ng them a statement of the amount of impurity and tho causes of it, with recommendations for its prevention. These recommendations were, to & degree, carried out, with decided improvement to the water supply. If, in my judgment, it had been neces- sary to ask lor any further interierence of the authori- tics this spring [should have done so without the slightest hesitation, without waiting for the inquiry of any ofliciais or for the appearance of sickness,” CHEAP CAB; AT LAST. Tho suggestion so frequentiy thrown out in the edle torial columns of the HxxaLp, in reiation to the neces practicability and profitableness of starting a cheap, efficient and reliablo cab .system in this city, Is at last being acted upon, and thero sun bo no doubt the object will be tully realized. At the last sessiop of the Logislature there was passed an act changing in some Material respects the old law uutnorizing the forma- tion of stock companies, the most material change from the old law being a provision insuring a guaranty of bond fide subscriptions to the stock. ‘This act pro- vides that when fivo or moro persons propose to forma ® corporation thoy shall make a certificate to that effect, which certificate must contain certain information, such as the name of the corporation, the object for which it is avout to be formed, the amount and dispo- sition of the capital stock, the number of sharos, the location of the principal offleo and the duration of the corporation. This certificate must be filed in the offes of the Secretary of State, and when so filed the Secretary shall issuo a license to the persons making it, empowering them as commissioners to open Looks fo1 Subscriptions to the capital stock. The act also pro vides that the commissioners proceed to open books and receive subscriptions; but no subscription shall be received unless. at the timeof muking it the person so subscribing shall pay to the commissioners ten per cent of tho par valuo of the stock subscribed for in cash. Whon half of the capital stock is subscribed jor the commissioners shall call a meeting of the sub- sceibers for the purpose of adopting bylaws and elect- ing directors. The bylaws so adopied shall be deemed and taken to be the laws of the corporation, and shail provide the number of directors, their term of office, the means of filling vacancies, the time und place of the annual meoting, tho officers of the corporation, which shall always include u president, secretary an treasurer, and for amondinents to the bylaws. ry ten days after such meoting the commissioners are to file a verilied record of tie proceedings with tho Sec- retary of State, who shall thereupon isu to the di- rectors a certificate setting forth that the corporation is fully organized 1p accoruance with the act. Under the provisions of the foregoing act, through the activity of Messrs. Sullivan, Kobve & Fowler, counsel for a proposed company to furnish a cheap and eMcient cab system in this city, and the capitalists associated in the project, the preliminary steps for the formation of such 4 company have now been taken, and the necessary certificate to the Secretary of Sta requisite number of gentleme compliance with the at, and forward This certificate jgned by the follow tlemen as commissioners to receiv subsc. !ptions:— William Orton, President Western Union Telegraph Company. Elisha W. Andrews, Telegraph Company. Brayton Ives, Vice President Stock Exchange, No. 4 Broad street, L. J. N, Stark, President Produce Exchange, No, 83 Coentics slip. James F. Wenman, Pr 145 Pearl street. H, Rreman Duval, General Manager Great Western . Despatch Company, No, 317 Broadway. ‘Algernon 8. Sullivan, counsellor, Drexel Building. William McClure, Stock Exchange. Hon. Charles D. Poston, Travellers’ Club, No. 1,241 Fitth avenue. The bankers of the company are Messra, Vermilye & Co., of No, 16 Naszau street. The proposed capital stock is $560,000, to be divided up inte 5,000 shares of $100 each, ten per cent on which is to be paid ia cash the time of subscription, ten per cent payable on allotmdnt, forty per cent payablegsn six months and forty per cent in twelve months. As a necessity for this proposed cheap and improved system of transit in Now York and its vicinity (if, indeed. 1t be necessary to make the public sensible of such nocessity), it is stated on the part of the commissioners ot the com- ny that @ comparison of the rates of taro with Barvpesa ‘cities will show an excessive charge without Prosident American District ident Cotton Exchange, 40, a corresponding expense for cabs, horses, forage or drivers, fo London there are 4,261 four-whoeled one- horse cabs, which ply at the rate of fifty cents per hour, and over 10,000 Hansom cabs, which ply ata leas rate per distance.’ in Paris there are 5,384 cabs, ply- ing at an average rate of fifty cents an hour, with many vexatious details which shall not be imitated bere. In Kerlin there are 4,483 cabs, plying mostly by distance, which, reduced to Lime, would give an aver- age of less than fitty cents an hour, In New York there are 511 licenset cabs, plying at an average raie ot $1 per hour, | and 1,003 coaches, licensed to charge $1 50 per hour und a larger amount per distanc 8 company proposes to introduce four-wheeled one-borse cabs and such other vehicles asthe public may demand, to ply at the rate of fifty cents an hour or for atrip not ing an hour. Their cabs are to be constructed of the vest materral, with comfortable seats inside for four persons and ce ON Lop ‘ora sorresponding amouut of bagg They will be drawn by good horses and supplied with carctul and civil drivers in uniform Stables will be established in atleast three sections of the city, aud ftands convenient to every thoroughfare will be occa. pied during ail hours ot the day and night. Tole- graphs are to be laid from the stables and stands to the railway stations, hotels, club houses, t! public houses ‘and to offices and pri residences When desired, and the entire service is to be unver competent and waichtul anporvision. Ae rapidly as the remaining provisions of the uct can be complied with and subscriptions to the stock are re. ceived the company wili complete its organization, and cheap, safe and rapid transit in this form will becomoa realization on the part of all who dweil in or visit New York, A GANG OF THIEVES. At the Washington Place Police Court, Patrick J, Lo- gan, aged twenty, of No. 413 Wet Tuirty-fitth strect; John Lappin, agel nineteen, having no bome, and Poter Conneil, keeper of a liquor saloon at Twenty. sixth street and Ninth avenue, wero arraigned, the two first boing charged with highway robbery, and Connell with receiving stolen goods, Logan is known to the police as a desperate young loater and thie, He was arrested last year for sicaling awatch, Lappin ved one term in State Prison and was discharged soven weeks ago, Ho was rearrested for tll tapping and sent to the Island for a month, from which he waa relwased on last Thursday. On being brougt court he volunteered to tarn State’s cvidence, Hosald:— That on the morning of the 7th of August he saw Mr, William Mooney, of No. West Lweoty-cighth #troot, standing on the corner of Thirty-foarth atreas and Fight avenue; Jovn Keegan and John Shay came. ‘up ond Knocked Mr. Moeney down, tabing om him; im afew minates they ran away, and he followed U d bad thetn wrrested; Keegan ond Shi been tried for the robbery and acquitted; that moment and hi street, where thi Mooney’s wateh xt morning they store, where Logan sold the watch tor $14; the was sold by Logan ina jowelry store in First