The New York Herald Newspaper, October 4, 1876, Page 5

¥: ) CONKLING. Senator Conkling’s First Speech in the Campaign. AN ARRAIGNMENT OF TIE DEMOCRACY. The Charge of Corruption Answered by Official Figures. A Forty Years’ Record Reviewed. A TRIBUTE TO PRESIDENT GRANT. Utica, Oct. 3, 1876.9 ‘A large and enthusiastic Hayes and Wheeler meeting was held in this city this evening, There was an im- mense attendance and the greatest enthusiasm was manifested. Senator Conkling was received with loud eneers, BPEKCH OP SENATOR CONKLING. Mr. CoxxuixG, in tho course of his speech, said:— In so far as this greeting may bo personal to me, I appreciate it very deeply and beg you all to receive fateful acknowledgments. I{can never tor whicn, in the past and always, I am so much indebted to you, with- Dut unfeigned regret that I have been able to render po bettor and worthier service to the county of Oneida and to the great State whose interests and hovor are so dear to us, I speak not of county or State, because thoir interests aro, or ought to be, separate trom the inter. ests of the country—they are not and cannot be sepa- Fate. We are citizeus Of one country, and that coun- try jeague of counties or States, but a nation— not Gnation gifted with greater opportunities and biess. tn, than any other nation in the world. uliar attribute is munilest in your 01 to-might. Were we subjects of the older governments—aid not the governing Power rest wholly with the people; were not ‘all citizens equals in political righis—such an assem- blage as this would never couyene. You come hero becauso a general election approaches, because the will of the majority is the supreme human power, and because each individual has just bis proportionate share of duty and control in governing the whole, This is avery high duty, deserving grave attention, and doem it a privilege to discuss it before you, provided ou will accept as apology in advance for my’ not feel- Ing able to speak to you this evonip, satistactorily as T would. The city, the county, tho State, tho nation, Is not prosperous now, or more truly speaking, 18 not 80 prosperous as in other times. This is true of ail the nations, or nearly all. We carry heavy burdens, ‘The waste ond destruction of a four years’ continental war bas much diminished the wealth of the whole people A large national debt presses on certain ciasses of consumers and producers by exacting taxes ts to pay constantly accruing interest. § Stuto wd municipal §=indettments make still more eneral exactions. During and since tho war joflated currency, marking high and deceptive prices, incited extravagant living, extravagant enter- rise nbd extravagant speculation throughout all our rders. When the day of reckoning and reaction same ruin fellon many, loss fell on all. Now indus- ‘tries im general are depressed, labor finds inadequate ore eery, trade is sluggish, money in miluions piled on millions lies idle and timfd in the banks, and capi- talists are afraid to invest or embark in enterprises because of the unsettled presont and the uncer- tain future. Crops and productions find insufficient markets, In the South, which should be an inviting, safe and teeming fleld for poth lavor and capital, idle- bess isthe mother of mischief, and deeds of violence and blood attest a state of things fatai to social or material prosperity. Instead of rebuilding and becom- ing sources’ of weelitivo the nation, raising its credit av as to lighten the rate of ipterost it pays—instead of yleluing there share of needed revenue, metead of swelling the tide of supply and, de- mand by which markets are made, products and com- modities exchanged, labor and capital rewarded and prosp increased—instead of being nourishing fountains, the Gulf States are in some respects drains ; they suffer themselves, and their condition caus fering, anxiety and humiliation to the people of every Btate.” Such, in outline, are the public evils which now confront us That they will all be cured by putting in power either of the two parties Biriving for the mastery, of course, [ do not believe, The age of miracles has passed away. There are no effects now without adequate causes. All these eviis have their causes here and in the Old World; their cure will have its causes too. To discern and deal with these causes is the ollice of intelligence and wrdom, WHAT LEGISLATION CAXNOT DO. Legislation sua administration will never bring Deck the men or the property destroyed by wor nor change the hearts of men. Legisla- tion and administration will never create wealth or pay debis or taxes. Stusvesmansbip may do much, but all it can do i to clear the way of impediments ‘and dangers and leave every class and every imdividual free and safe in the exertions ond pursuits of lite, Wealth can never be conjured out of the crucible of politics. Wealih must be Lewed out of the forest, dug out of the earth, biasted out of the mino, pounded out on the anvil, wrought out of the machine shop and the joom, But peace, order and liverty may be guarded, public burcens may be light- ened, rainous issues of paper money, with tho spoliations and evils m their train, may be curbed, irugality may be entorced, the treasury and the public credit may be defended and preserved. These things depend jargely on the election next month. the peo- ple will then put into power the purposes, the theories and the mon of one uf two parties; and every one should inquire earnestly which of the two is more likely to deal wisely with the serious problems of the next four years. This question may be examined with- out bitteriess or malice. On the 25th of last June, the nor of Ohio, speaking to bis assembied peighbors ls reported to have uttered these words: There had been too much bitterness on such occasions in pur country. Let us seo to it that abuse or vituperation of the candidate that shall bo named ut St. Louisdo not pro- toed from our lips. Let us ou this Centennial occasior century of our exiatoni and intelligent nation ci ob Wwhorcome and visit us how the American people cua Guct themsclves through a canvass of this sort. If it si bein the spirit in which we have met here to-ni shall be that justness and fairness shall ve imal the dis cussions, it will commend free institutions to the world in a way in which they have never been commended before. CALUMNY AND RANCOR CONDEMNED. The author of these words had just been nominated for the Presidential office, and with htm for the second place had beep nominated an honored citizen of our own State. Since then our opponents bave named their candidates; one is the Governor of New York, the other the Governor of Indiana, The Chief Magistrates of threo of the most populous apd intelligent States in America are thus presented to the suffrages of their countrymen ior the most exalted stations, Such an occurrence is unusual, and it is miade conspicuous by an historic epoch, ‘The Republic has reached its ntennial, and at Philadelphia pours out before the worid its trophies ot civilization und progress, Not Jone at Philadelpiia, but throughout its domain, tbo ation poses before christendom. The country is on exhibition, with its methods, its manners, its ideas, its Buiture, is standards of thought, its attainments in dig- nity and reason, Calumny and rancor in public ¢1% cussions secm vut bf place and out of time, and if the: revail, perbaps, the only consolation is that they fail euvily On those who heretofore have deemed nothing ‘too violent, too vulgar or too unjust to be said of men in public station, or of candidates, however blameless Mey might be. THR REPUBLICAN PARTY NOT CORRUPT. Democratic triumph now means that a majority of thore to bold the s of power shall be men who not herely opposed the government in the war, bat men who actually and openly iought for the rebuilion Of sourse the majorities must come chiefly irom the Bouth, and thus the House of Representatives and the policy of the country are to be given up to those who Fecently stood on the battlefield arrayed against ur, Why should this be? What is the pretext? Why, that the public service is so festering with wroug and corruption that tbe nation needs a Baviour to scourge (he tneves from the temple. Did I believe this [ would admit that no cure could be much worse than the disease. I don’t believe it; I know it to be falso. Itis not trme that the repudlican ty, baving conducted the greatest war in modern times; having saved a republic which is the asylum the world; having, without tsking lite, liberty or ransom, forgiven every conquered loe; having administered finance, diplomacy an: [ebbing with remarkable success; having en the fetiers of 4,000,000 slaves; having solved the probiem which bafiled our fathers by imbedding in tho constitution liberty and equality as the birthright Wf all; baving made haste to acknowledge every obliga- don, denying and repudiating nove; having proved irustworthy in tis custody of money beyond exampiec, it 18 not trae that the republican party, the doer of ail shese thives, with its greatest captain at its bead, Handing among the graves of tte martyrs and heroes, anu amid the grandeur of tts achievemonta, has bred yenoral corruption in the Very sunlight of its triumphs ‘or humanity and ¢ivilization. No duubt venality has rxisted during General Grauv’s Presidency. It has ex- President, pot excepting Washing- with its great expenditures ana the in- lation of currency and prices, incited speculative pas- non and multiphed temptations and opportunities jo make forbidden gain, Extravagance and pro- luseness became more or less the fashion and balit among all classes, Other eanses were nt work tending to jaxity of morals, and you find them recorded by every histortan who ever wrote intelli gently of the effects of war and tnflated currency in buy Country or age. Such a condition of things nat- arsily led vil thougutful persons to expect au uausual prevalence of uniaith{ulness to trast, public and pri- ‘Yhe expectation has been no more than ful It is probably true that our country and our have not proven altogether excep. vous to the rule exemplified in other coun- ines and in other times under like conditions GENRRAL DRMORALIZATION, There have been during those years many exposures of ffaud and wrong. Detaleations and embezziements bave occurred in banks, in Municipal corporations, in railways and insurance companies, ia county and in State troasurors, and in private establishments, Trus- long-trastod lawyers, even executors fo pextans, ve Deon found derelict in ropeaied im | NEW YORK HERALD. WEDNESDAY, OCTOBER 4, 1876.—TRIPLE SHEET. stances. The churches and the reverend clergy have not been wholly exempt from malarious vis- itation, In mavy cities end hamlets in differ- ent States, church and pulpit have fallen under heavy reprobation, Ido not deny that the body of national offcials and public men has furnished its quota of in- iquity; 1 do uot deny that jobbers, bribe-takers, de- fauliers and hypocrites have in some cases brought disgrace on the republican party; but I do deny tho wholesale charges of corruption and profligacy pourea out on the preset administration md its supporters. They are gross exaggerations aud libels on our country and our countrymen. Here is a statement of these charges as understood abroad. I read from the Lon- don Standard, a champion of monarchy, of course, and a disbeliever in republics:—*-The results of repub- lican experiment United states are the cor- ruption of public life, extinction of public spirit, the oppression of the minority, isgust of bonorabie men with politics, and the transfer of government into the hands of corrupt, unscrupulous and ignorant men.”” FACTS AND FIGURES. To judge of the act of those who have filled both hemispheres with these noxious rumors, jet us look at the Treasury books and see whether officials bave lutely been more or less houest than formerly. Here 1 olficial statement made on the 19th of last June. lt shows the amounts received and paid out by each Executive department of the goverment for the last forty years, aud the amount lost or embezzled by olficials of every kind aud grade. I read only the loeses, giving the loss on each $1,000 during perieds of jour yearseach. Tho Post Ofice Department ts sepa- rately stated, and | take first all the other depastmeats collectively. From January 1, 1834, to 1°38, Jackson being Presi- dent, the loss on each $1,000 was, vi From January 1, 1898, to 1842, Ven Buren being President, the loss on cach $1,000 was. +; 2115 From January 1, 1842, to July, 1845, Harrison and Tyler being President, the juss on ench $1,000 was. 10 37 From July 1, 1845, to July, 1849, Polk being Preai- Joss on ‘each $1,000 8 1, 1849, to July, 1853, ing Prenident, the loss on cach $110 was. 7 64 From July 1, 1858, to July, 1857, dent, the 1,000 was. 586 From July 1, 1857, to duly, 1361 President, the loss on euch’ $1,000 wi 698 From July 1, 1861, to July, 1869, Lincoln being Prosi- dent, the loss on each $1,000 was... neler enny From July 1, 1363, to July, 1869, Johnson being President, the loss on each 3 w a 048 From July 1. 1 1873, Grant being Pres dent, the loss on'each $1,000 wus. 040 Fiom duty 1, 1873, to July, 1875, Gi dent, the loss on’ each $1,000 wi 028 THR POST OFFICE LO! In tho Post Office Department the loss under Mr. Pierce was $6 92 in $1,000; under Mr. Buchanan it was $802 in $1,000; under Mr. Jobuson it was $206 in $1,000 Under Generai Grant, during his firat term, it was only $1 13, and during his second term up to the end of the fiscal year 9675 it was but filty three cents. The postal. order system has been only recently introduced, and therefore it cannot be compared with the past, Dut $300,000,000 bave been handled, sent and received by postal order with a loss of only forty conts in each $1,000, Does all this look like a decay of official integrity? Compare the expenditures of the gov- ernment in 1875 with those of 1860. In 1860 they were $1 90 for each person in the Unitea States; in 1875, estimating only 40,000,000 people, they were $1 70 for each person; estimating 43,000,000, $1 60 each, Tbis shows a decrease of twenty cents each, or thirty cents, as the case may be, But it will be said these aro only current expenses, they do not count in the millions of interest on the debt and the pensions and war expenses, THK DEFYAULTERS BEFORE 1860, Here is a list of defaulters daring thirty years pre- vious to 1860, One bundrea and forty names” appear, and the amount they took is $10,092,000. Se’ lof them appropriated hundreds of thousands each. ‘Theso things tappened in what are pow called purer, better days. Do they look as if men or officials used to be aiways honest? Do they lock as if honesty bas ebbed of 2 Do they look as if rapacity, spoliation plunder are ravaging tho pubic service? Do not suppose bygone delinquen- cies are .referred to a& argument that crimes in the past excuse crimes now. Far from it, Such a thought is unworthy and stupid. No wrong can be palliated because the same wrong has been done by others; but the charge is that oficial depravity has 1- creased of late beyond anything known before—tbat juat now we have sunk lower than any of those who went belure us, and the only way to test the truth is to look at it squarely and sharply. Do you seo the allegel. corruption around your Are the post offices im this county managed by plunderera? Is there extravagant expendituro in them? Is the Coll Interaal Revenue bere a rogue, and do emtezzie and steal? Did you over dishonesty brought to the nton which he did not lay prompt and unsparing hand? Show mo such a case, and you will stow me something 1 never rd ol, Yell me of an administration or a political party more ready than the administration and the party now in powor to exposo and punish its own supporters for sup- sed offences and you will point to a pago in American istory I ha er read. , The bas a murky for yoars with vaporiugs about the shqcking demoralization of the adminis tion and Congress, and the extravagance of appropria- tions and expenditures. At last we bave a test and Jesson in thisregard which I beg you to lay to heart. The present democratic House of Representa- lives cut down the appropriations at the late session, and mow hundreds of the very men, some with newspapers aud some without, who have led the chorus of accusation heretotore have dis- covered, and assert with equal confidence and cite tho facts to prove, that the appropriations whero the dem- ocrats jound them were at the lowest notch, right and necessary, and that the reductions wel nWise, ‘unpatriotic and hurtful to the public inter SERMONS IN STONES. It bas been sald there are sermons in stones—there are sermons in the stones which have been buried at Grant and hie administration; and when the passion- ate discords aad selfish hates and rivalries acd hollow pretensions of to-day are dead, these stones will be gathered to raise a monument to one of the trucst, most fearless patriots who ever served his country. Extenuatipg no case of fraud or emme and knowing with shame and sorrow that individ- uals holding official trusts bi been guilty of detestable jobbery, I still ask ther the nation is likely to profit by being given into the keeping of those who in fleld and forum bave been on the bad side in last twenty years? Is there nothing more deserving of consideration than thi filthy doings of atew disgraced individuals? Shall wo look at the docket of the police court to learn the movements of a State or of anation? Shall we judge a community by the pickpockets who infest it? REPEALING SPROIAL PAYMENTS. Look out and see what bas been done now recently, The public credit has been raised till wo bave nego- tiated bonds bearing only four and a half per cent *{nterest to take the place of those which have exacted six percent. Here is asaving of interest and taxes worth celebratiog. Will the party which bas preach: repudiation and inflation be likely to improve on t! gisiative and administrative action has been taken to make every dollar of paper im the pockets of tho ple as good as gold within the next three years, Thedemocrats voted against the act, denounced it and in the branch of Congress in which they had the power an act of repeal, and botm their candi- dates and their platform indorse this action, Will democratic ascendancy hasten specie payments and the restoration of business on a solid, lasting basis! DEMOCRATS SOLID ON SOUTHERN CLAIMS. Southern claim estimated at upward of $2,000,000, 000,000, are coming irom every region on which the Unioo army camped, or marched, er fought. 1 cannot remember a case in which the vote of a dem- ocrat in Congress has been cast against a bill to pay a Southern war claim; as a rule such bills have always recetved the sofid democratic vote, Many such claims, being within the law, get throngh both houses; some got through which should not, and when the President discovers such a one he vetoes ft. Is a democratic President likely to veto such biils? ‘Tbe South demands that $68,000,000 collected as a tax on cotion shall be paid back. They ask it in thirty year bonds to bear five per cent jnierest in gold, ti principal and interest of which at the end of the time would amount to $170,000,000. They say colton isa roduct of the earth and should never bayo been taxed. Petroleum is a predact of the earth too, of the Northern earth, that was taxed 1m all its forms and stages, and nobody proposes to refund the millions it paid. Yet bills are pending totake the cotton tax out oft treasury and return {t to tho cotton States. Would yo select n democratic President to veto such bills? ‘A House bill proposes to retund the Southern portion of the direct levied on all the States in 1861, Tho Southern share was $2,500,000; the North paid $17,000,000. But no one proposes to reimburse North- ern States. How would adomocratic President treat this matter? REPUBLICAN DREDS. In ten years toward $800,000,000 of the debt bas been paid, or nearly $80,000,000 a year. The annual in- terest bas been reduced nearly $50,000,000. annual taxes have been redaced $262,000,000. Since the war the annual expenditures where the democrats found them, have been reduced $27,000,000, Do you believe our opponents would have done, of would do better than this? For nine months they had the power all the timo in the House of Representatives to propose something. They reduced no tax, they did nothing to improve hara times, they cut of appropriations most of which they will put back in deficiency bills; they removed Union soldiers from Places, and ransacking the whole government at ¢ and abroad they filed the land with noise about corruption, and found some instances in which men had betrayed their trusts and disgraced themsolves, 1 have spoken of some of the things done and to bo done. They are not resoiutions or taik or high sound- ing promises, They are deeds, MAFQUERADING FOR REFORM. The repablican party 1s not made ap of theorists or critics oF professional reformers, or yainglorious pre- tenders to supreme wisdom, 1ts task bas been with knowledge of the Presi actual, difficnit, vast affairs, It has made mistakes, and the wonder is, not that it has made so maay, but 80 few, ts counsels have in the main been guided by earnestness and faith, Time will vindicate it. Tho people will vindicate it by their votes. The oppo- sition is maequerading for reform, but it 1s the sam party, hostile in war and wrong in peace—it is, tl wolf, gaunt and hungry, the wolf wearing sheep clothes, it seeks power, first by defaming its country and exaggerating facts, and second, by holding ont hopes and exveetations which politics, however administered, cau no more julfil than medi- cine can bestow eternal youth on wan. Looking at all the facts, my faith is that the nation is safer to abide publican ship. Man 1s restiess and discon- t beat; when times are hard to change ix the natural impulse, bat to jump from the frying pan into the fire is a change as fvolixh as it is familiar, THE VERMONT LEGISLATURE, Moxrrexinn, Oct. 3, 1876, Moat of the members of the Legislature, which con Venes toemorrow, have arrived, Bx-Governor J. W. Stewart is the most prominent republican candidate tor Spo. ker ‘Tho demccrats have nominated J, W. Bim | GRAND OPENING AT EHRICHS’. One of the finest openings of the season occurred yesterday at Ebrichs’, Eighth avenue. Every depart- ment was stocked with the richest and newest styles of goods till the display was a dazzling labyrinth of fashion and beauty. Especially can this be said of the millinery department, where the styles were so unique and gracetul that one could be pardoned for hesitating in. selection, From the bevy of beautiful combinations wo select the following:—A white round felt hat, trimmed with biack and white chenille, the high crown trimmed with loops of black velvet, half con- cealed by two long, white ostrich plumes, headed by natural wings. A fall side trimming of cardinal red velvet garuishes the inside and forms a pretty faco trimming A cottage bonnet from Virot’s was also much ad- mired. Tho foundation was of bottle green velvet, folded to assimilate narrow cords around the crown, and finished in front with a knotted willow pompon of sulphur color. A large knot ef dark green silk adorned the back, set off by two natural wings. ‘The inside, or face trimming, was puflings of dark green velvet, sec- tioned off by cut steel bands. One of the most novel ard stylish in the collection was a Gainsborough, or coaching hat of biack felt, ‘The crown was encircled with tour rows of biack silk cord, the top and side being trimm: ostrich plumes, crossing each ou with two long at the back. Loops of black velvet and a natural wing d the front. In flowers there were clusters of cardinal and flusu roses, forming asort of nest, in which sits a shaded humming bird, Attached to this nest of blossoms was a spray of fern leaves and touched piquets. Tuen there was a half coronet of moss leaves, mixed with wild huckieberries and soft rosebuds, These styles come in ali conceivable com- binations and tints. Tbe piumes were varied and handsome. ‘there wero cogue plumes in all colors aud the new knotted willow plumes, which were also pre- d tips. Sprays of ivy leaves, humming bird perched amid the ite shaded greve with cogne plume at- cogne plumes with jetted ends, most handsome im suits was a brown Lyon’s silk, the dim-train underskirt trim- med with box-piaited flounce, edged with a wie fold of seal browa velvet, and sur- mounted with a broad ruching of silk lined with velvet and caught over through the centre yo imitate cup trimming. The long overskirt was of rich brown brocaded silk laid in small pleats on one side and gathered im full shirrings at the back of the left side, ‘The back of the overskirt is composed of plain and brocaded silk, the whole trimmed round the bottom wilh deep silk and chenille iringe. Tho hall-tisting jacket 1s formed of brocaded slik, with vest frout aud back of brown velvet, The cout sleoves were entirely of velvet with deep cuffs of velvet and brocade mixed, the boitom trimmed with a fringe like that on the overskirt. silk, with court train trimmed with deep. fine side plaiting, over which is a tier of poimted black velvet, surmounted by wide shell trimming of black silk, above which wasa narrow side plaiting. The tront of the short overskirt was composed of black velvet, edged with deep silk fringe, ‘Ihe back was fulled aud cut square at the bottom, edged with a narrow side plaiting. A deep pocket of i with velvet, was placed diagonally at tl ‘The basque was of black silk, with ve! eves, the bitions trimmed with narrow plaitings and reversed tolds, Hnished with full bows, In kid aephos the line is remarkably full and good. Besides the ordinary importations the firm bave one exclusively their own, calied the Ehrich. These aro very flexible and fit tho hand perfectly, The prices run from $1 20 up to $1 90, and are shows 1 all sizes and colors, MARRIED FEMALE TEACHERS, VIBWS OF A TAXPAYER, , Oct. 2, 1876, To rum Eptror oy THe Hunatp:— In your valuable editoriols in relation to Married ‘Women as School Teachers I will ask what is to be- come of all the Single Women or young ladies thatis now fitting themselves to take tne position of school teachers 1 do not know if you are aware of the great expense that comes out of the Parents of the girls to send them to the Normal School ihave two doughs- ers that is attending Normal School and it requires all that I can spare to keep them dressed so as to com- pare with the dreases of some'that are more able to dress thier children than 1am they expect to gradu- ate soon and if there 18 no vacancy how can they do as 1 say thoy wish to do, that is to make me some return what I have beon paying out fur them. A TAXPAYER, AN INSIDE VIEW. New York, Oct, 2, 1876. To rae Eprror or THs Heratp:— Married women as toactiers in the public schools, now under consideration by a committee of the Board of Education, isatimely move, and in reading your paper of the 1st inst., relating an interview with Presi- dent Wood, I fully concur with that gevtleman in his opinion of the duties of married women. I am fully convinced {rom my personal knowledge that sf the Board of Education does not prevent the engagement of married women, or require those who marry to re- Mnquish their dui @ may have the cbil- dren acting as infant nurses some day as new they act as monitors, doorkeepers, ink-distribators and messen- gers instead of attending to their studios, for which purpose they are sent to school, and are expected by the parent ard taxpayer to reap the benetits of such schooling and not tho act of servant to a servant of ¢ people, FE. EMELINE JAMKS, formerly a pupil and teacher, NEW YORK HISTORICAL SOCIETY. The lecture rooms of this society, renowned for its chromos of turkeys apd eagles, was weil filled last night, the occasion being the reading of a paper on “The Huguenot Element Among the Dutch,” by Rov. Ashbel G. Ve. The paper ort ot lecture, if the papet latter part of the reading, which dealt more larly with the Huguenot element amoag the tho New World, was entertaining; but the lecturer most happy when he left the very wide field covered in bis title and treated of the Huguenot element in the American colonies. Tne consideration of the Hugue- not elemont among the French, which occupied tne first half of the lecture, was also very entertaining. BOARD OF HEALTH, At the weekly meeting of the Health Board yester. day Dr. Nagle, Deputy Register of Records, presented the follow'ng report During the week onding Saturday, September 23, 1876, there were 459 deaths reported in this city, being u decrease of 28 as compared with the preceding week, and 127 less than the number reported for the corre- sponding week ot 1875, The actual mortality for the previous week wi or 64.4 less than the average number of deat! past five years, and repre- 2863 per 1,000 persons mated at 1,065,142. ive statement of cases of pa contagious disease reported at this Bureau for the two weeks ending September 30, 1876:— <—Week Ending—~ Sept. = Sept, 30, efSek-: OBITUARY. ORL 8, oATMAN, M. D. The above named medical gentleman, a resident practitioner in this city during the past forty years, diod at his residence, No, 230 East Fifteenth street, on Monday morning, of Bright's disease of the kidneys, Dr. Oatman was born in Rutland, Vt, in 1907, and was a boyhood friend of Horace Greeley. He came to this city more than half a century ago, and 4n the practice of his profession accumulated a fortune, During tho past ten years he had lived in retirement. During the cholera season, yoars sincé, he took a prominent part in the management of Blackwell’e Istand and other public institutions, in the bospital and infirmary do- partments. ROPERT HAMILL, Mr. Rovert Hamill, who for a long time bad been known as the oldest living New York and Sandy Hook pilot, died at eleven o’clock yesterday morning, at his residence in Wilhamsbure, Long Island, of goneral debility and old age, He was born in this city about seventy-five years ago, and was evgaged in piloting vessels into New York harbor for forty years. One of the licenses granted him by the Commission ts dated May 28, 1944, and it is pot tho earliest by several, After serving some years if the capacity of pilot Mr. Hamill enlisted in the United states Navy, whero he faithfully served out his term and was honorably dis- charged. He then engaged In trade betwren Liverpool and New York, and commanded a packet ship for a considerable time; but his love of the old omployment w license, and he again . 19 which capacity mained until his retirement from active liic, about 07 yoar ago. FDITOR. ‘The death of Mr. Sampson, formerly financial editor of the London Times, is jounced by cable, The bust for the Greeley memorial monument is be- ingcast at Wood's foundry, Philadelphia. It is to be of bronze and in size proportionate to a figure of about ten avd abalf feet, The podestal aud base are to be of Quincy and Maine granite, bearing a bas-reliel in bronze with the tseription:—‘Horace Greeley, born February 3, 1811; died November 29, 187: The founder of the New York Tribune.” ‘The entire cost will be over §5,000. It is expected that the unveiling _wiil take place early tm Decembur, Another was a house cress of black bonnet | THE COURTS. Prevention of Fraud Under the Bankruptcy Act. Another Effort to Release the Twin Confidence Mea. The Estate of a Deceased Austra- lian Millionnaire. Decision by Judge Blatchford of Interest to Distillers. pO REE SR SaP EE THE FRENCH CLAIMANTS OF THE JUMEL ESTATE. pil aie hed Be In January, 1872, Patrick Flannigan, being embor- rassed and unable to mect bis demands, made a general assignment of his property, for the benelit of his creditors, to Thomas O’Brien, Flannigan was sub- sequently adjudicated a bankrupt in the United States District Court. Louis Haas, the assignee in bank- Tuptey, brought suit to recover the assets from the assignee for the benefit of the creditors, ‘The caso was tried before David McAdam, as referee, prior to his elevation to the Marine Court Bench, who found that Flannigan, being embarrassed and unable to pay bis debts, and beimg a bankript within the meaning of the Bankruptey act, did make « general assignment to O’Brien, under the laws of the State ot New York, of all his property, consisting of astock of merchandise, for the benefit of his creditors, and that such assignment was drawn and perfected in all things in strict comp tance with the laws of tho Siate of New York; that tho assignee sold the proporty at auction sale and ala {air market price, and that tho assignee and his attornoy, as well as the assiguor: knew that the siguor Was @ bankrupt within the meaning of the kruptey act at the timo whew the assigninent was drawn and perfected. It was adwmitted that there was d in the matter of the assignment and that the thereto acted tn good taith, The referee, among other things, found as conciusion of law that the gen- eral assigument to O’Brien was void under the Bank- Truptcy act and that it did tend to evade the provisiuns of the act, and to prevent the assignor’s property be- ing distributed under it, and ordered Judgment tor piainuf, which judgment the General . Term ot the Superior Court aflirmod. The case was carried to = the Court of Appeals, which has just rendered its decision reversing the previous judgment, Judge Miller writing the opinion. Judge Milier holds that although the reieree found that the assigument was void under the Bankraptoy act, and that it did tend to evade the provisious of the same abd prevent the assignor’s property from being distriuted, there js no distinct fluding that the as- signment was made in direct contravention of the pro- visions cited; and the fact that it was done in good faith and without any intention to violate or deteat the provisions of the act, as already stated, robuts any presumption arising under tho act that it was prima facie fraudulent, And as the proof and admissions show good faith the conclusion shut tho assignment was void and did tend to evade the provisions of the act does not appear to be warranted, The object and purposo of the act in question was to provide a system by which the property of an Insolvent could be appropriated and applied to the payment of his debts im equal and just proportions, ‘The theory wpon which this bankrupt act 1s based 18 that no preferences shall be allowed; that every cred- itor sball be eptitied to his pro rata share of the bankrupts estate, and thus fraud prevented in the distribution of his assets. When, therolore, an assign- ment is made for the beneilt of all the creditors equally, in good faith, without fraud, or any intent found to contravene any provisions of the law, or to hinder, dolay or defraud creditors, it is no! parent how such nment can be considered as a violation of the spirit and intention of the act itsolf. ‘In Tit- tany va Lucas, 15,” ‘Wallace U. 5. 8. G. B., 41 and 412)” it was held that two things must concur to bring an assignment within the prohibition of the Bank- ruptey act, viz tho fraudulent design of tho bankrupt, and the knowledge of it on tho part of the assigneo. ‘either of these features characterize the case at bar. The principle is sottied in this Court that when the debtor has not been proceeded against or taken any prooeed- ings in the Bankrupt Court an assigoment for tho benefit of creditors by an insolvent debtor which gi no preference to any creditor {8 not an instrument ‘void per se as in hostility to the Bankruptcy act The fact that proceedings were instituted within the six months provided for by the section ciied doos not change the apphoution of the rule referred to, unless there ja the fraudulent design and knowledge. ‘There are the strougest reasons for holding that the act was not intended to interfero with the debtor when, with honest purpose and entire good faith, he sought to ap- ply his property for the benefit of h editors pre- cisely in the manner as was intended and) as would been done by proceed- ings under the Bankruptcy act and probably at leas expense and fr more to the advantage of the creditors. The act aimed at fraud and to prevent preference, and where neither of these aro ap- ront there is po ground for claimong that an equita- le distribution of the ingolvent’s estate is in violation of the law, The cases referred to upheld these views very decidedly, and should be foliowed, The Court below erred in holding that the assignment was void ana tonded to evade the provisionsof the Bankruptcy act, and for this error, without considering the other qu: tions raised, the judgment must bo raod and a new trial granted with costs to abide the event. Messen, Jacob A. Gross and Francis C, Devlin appeared for appellant, and Messrs, Jacob & Koch and Samuel Hand for respondent, A STRUGGLE FOR LIBERTY. In tho cage of George W. Loomis and Thomas Lewis, familiarly known to the police as the ‘twin confidence men,” whieh, on appeal, has reached the Court of Appeals, on last Monday, at the session of the Court, now being heid in Albany, Mr. William F, Kintzing, their counsel, made a tinal application for their di-- charge from State Prison, The Court reserved its do- cision, AN AUSTRALIAN MILLIONNAIRE. Somewhere about the year 1810, when, if history speaks truly, facilities for transportation were abun- dant in Irclana, a woman under the name of Fleanor Collins was transported from thence to the then penal colony in Australia, With her she is said to have car- ried a son, then @ mere child, and uamed Patrick Cody, sho claiming to be married to a man of the samo name. In Australia sho subsequently married a man named Buckley, Cody having died in the mean- time, and as. mark of esteom for his stepfather, the son addod to his name that of Buckley, and grew up thenceforth to be known as Patrick Cody Buckley, Under this name he accumulated large wealth in Aus- tralia, and died a fow years since, leaving an estate es- timated about £200,000 sterling. Atter his death two persons Reeerr for probate what pur; to be his will in their invor, This will was contested on the ground that it was a forgery and one of the parties convicted of the offence, tho other hay- ing died in.prison before his trial was reached. t ters of administration were then taken out on behalf of creditors of tho estate by a firm of solicitors in Melbourne, and, attor paying all the debts, a still very large sum remained which Her Majesty’s Attorney Geueral claimed to bave escheated to tho Crown for want of heirs, These facts coming to the knowledgo of certain parties in Dubitn, Ireland, c! ing to be heira of the decensed, steps were taken to assert their ciaim as against tbe Crown. From Dublin proceed ings were put in motion which led to Australia, aad from Australia the coutestants have danced around is now commis. tho globe to this city, where evidence deing taken before Mr. Hichard Hantley sioner. appointed for that purpose by the Court of Australia, Theclaim of the heirs is res on the part of the Crown of England on the question of the legitimacy of Patrick Cody Buckley, 1 being claimed that Eleanor Collins was not mari to Pat- rick Cody nor did she carry a born child her to Australia at the tt of her transportation. In preof ot this it is asserted that the list of the contrary, it 1s as-erted that «| pa the jailer; that the ljatter was dismissed from office for the part ho took in the affair, aud that this was the child whose legitimacy is in dispute, Thus the Crown puts the claimants to proof of the marrioge of Kleanor Collins:to Patrick Cody, and their Seted ok heirship to the estate of Patrick Cody’s all infant son, Patrick Cody Buckley, whose estate fa in Mitigation, On this question it is that proof ts being taken beiore the Commisstoner, and thus far the testimony adduced seems to tend to establish tho claim of the heirs, Tho heirs are represented here by Mr. Octavins O'Brien, solicitor of Publin; ol ie in Austrailia by Mr.’ Frederick Stanley, of London, and the Attorney General of Australis, acting for the Crown, by Messrs, Sullivan, Kobbe & Fowier, of this city. IMPORTANT TO DISTILLERS, In the United States Circuit Court Judge Shipman has filed a decision important to distillers, and also as involving the question of the judicial charncter of an assessinent for taxes, which,was recenily decided by United States District Judge Knowles, in Rhode Isiond, in the case of the United States vs. Hazard. The case is that of the United States against John Halloran and another. Halloran, @ distiller, made trae returns of all spirits actoally distilled by him, and was reguiart; assessed tbe tax upon these spirits, which was co! jected by distraint. Afterward the government brought this suit upon Halloran’s boud to recover $989 50, which was the tax, under séetion 20 of the act of Juy nee 1868, upon eighty per cent of u Produciig capacity of his distiller: an dotermined by*the vilicial survey, less tho tax 5 collectods One Devlin, the suit, Ho set up in detence the assessment and previous collection of the tax upon true return of the Spirits actually produced, and that no lawful reassers- mont bad been made, The case was tried by the Court Upon an agreed statement of facts, as substantially stated above. The decision rendereds in iavor of the United States, Judge Suipman holds that the section relied upon by the government makes the capacity, and not ihe actual preduction, the basis of taxation; at, a4 the statute designates the rate of tax, AN AFSOSKMOUE Is BOL Necessary Lo entitle the go to recover it in ap action vpou the distillers so that in such an action, where an assessment is Bot relied upon, an erroneous ‘assessment which did not imelude the ameunt actually as prescribed by the statute, 1s not conclusive against the govern- ment. Roger M. Shermau, Assistant United States Attorney, appeared for the government, ond Messrs, Robertson and Close for the deiendant Devin, THE JUMEL ESTATE. The Jumel estate, which has been the subject of fre- quent protracted and costly lawsuits, bids fair to gi continued profitable employment to the legal tra- ternity, A™ suit has been commenced in the United States Circuit Court by a number of French claimants to the estate, representing themselves as the heirs. law and next of kin to the late Stephen Jumel and en- titled to po on after the death of Mme. Jumel, who, it 1s alleged, had a life interest only im the estate. The affdavits of the French contesiants were fled 1 the Cierk’s office of the United States Circuit Court / month, Yesterday counsel, on behalf of on Chase and the other heirs of Mine. Jumel, filed an appearance and notice to answer. The answer will be formally presented on the Ist day of November next, when it ts expected the whole cise on the part ol the French heirs willbe opened. This will be an entirely diferent suit frum any of the others that attracted so much public attention and occupied for weeks counsel, courts and juries, COMPROMISING SUITS. Justice Seur brought suit against Gerolomon Morelli and wifo for $5,000 damages, he having lost one of his eyes through a piece of wood thrown at him by Morelii’s wife. On the case being called yestorday, in Superior Court, Trial Term, Part 1, held by Juage Sanford, the piaintif’s attorney appeared, but without |. any client to prosecute tho suit, and it transpired that the parties had settled the case without consulting counsel, Notwithstanding this, however, — piain- tif's counsel insisted on his right to recover costs, clauning that having given notico of lien to the defence they had no right to settle it, Mr. Benjamin F. Russell, lor the defence, claimed that before judg- ment the parties had the mght to compromise the AcuiOn; And that, notwithstanuing the notice to the de- fence, the attorney had no lien alter a retainer, but only had an equitable claim upon any judgment that might be secured ag the resu't uf their labor and skill, He quoted many authorities to sustain this, view. Judge Saniord took Mr, Russell’s brief and citations pending examination belore decision, REDUCTION OF SALARIES. Tho recent decision of the Court of Appeals, inthe case of asult brought by ono of the district court clerks to recover arrearages on account of reduction ot salary by the Board of Kstimate and Apportion- ment, that sueh reduction was illogal, promises to prove an open sesame to the city treasury to an ex tent the limit of which could only be approximated by ascertaining by « careful comparative examination of the city payrolls prior and subsequent to the action of the Board referred to. The second suit in the probable lengthy series of similar ones against the City 18 one brought vy Benjamin #. Haskins, a clork in one of the Westchester county district courts, but under the annexation act embraced within the city humits, The case came yesterday betore Judgo J. F. Daly, holding trial terin in Part 2 of the Court of Common Pleas, who at once, following the decision of the Court of Appoals, directed a verdict for $207, being the full amount claimed, LIBELLING A CLERGYMAN. The Roy. George H. Hick, pastor of the Congrega- tional chureh in Monsing, Rockland county, brought a suit tor libel against Mr. Walter H. Shupe, editor of the Rockland Advertiser. The case came to trial yes- terday, before Chief Justice Daly, in the Court of Com- mon Pieas. The defendant failed to put in an appear- auce and so an inquest was taken compri: wimpy the effer of testimony on the plaintif’s behalf, 1t took batashort time to dispose of the case, the allegot libellous articlos—two in number—boing read to the ury. ‘The articles designated the plaintiff as a moral leper and stated that any houge would be defiled by his entrance therein. Judge Daly directed a verdict to be given for the plaintiff, but left it to the jury to aagesy the damag ioh they did by bringing ike verdict for $5,000 damages. SUMMARY OF LAW CASES. An injunction was obtained im March last by John Foley against the disposal by the Continental National Bank of $3,500 deposited in the firm name of Wetmore & Rathburn. The case came before Judge Barrett yesterday on a motion to vacate the injunction. Hav- ing beard the argument Judge Barrott took the papors, A motion was made yesterday bofore Judgo Barrett in the suit of Willard vs. Jamos C. Fargo for leave by tho dofendant to put ina supplemental answer, The action is one calling on Fargo for an accounting as trustee of the American Express Company, with which the Merchants’ Union Company was cousoli- dated. The Court took the papers A motion was made yesterday before Chief Justice Shea to vacate an order of arrost against the members i by Gustave Coben for $4,000 damages sault growing out of a dispute in the making up of garments by the plaintift for the defondants, An ad- Journ it was ordered to allow piaintiifs to produce the physician’s certificate of attendance on account of the alleged injories. Letters of adminwwtration wero yesterday granted in the Surrogate’s Court to Jonathan Edwards as guardian of Gerard Morris Edwards and Mary Morris Bdward: nephew and niece of Henry W. Morris, dereased, an: children of the administrator, The minors are the re- nied jaw and next of kin to the deceased Mr. lorris, who died intestate, and who was the owner of the great Barreto estate, on the Bound. The porsonalty was estimated at $40,C00, while the realty, it is said, 1s worth millions. The deceased, it is supposed, ha brother living, a missionary in Japan, the Kev, Arthur R, Morria, A motion was made yestorday before Judgo Barrett in Supreme Court, Chambers, for an order vacating an attachment against the Rutland Bauk, of Mansfield, ‘Tenn.. granted at the sutt of the Centrai National Bank. The attachment wai net inoney of defendant in the Park Bank, ot this It was claimed that the me- tye tion should be granted under the section of act of 1873, forbidding attachments against national banks before final judgment, and under the Revised Statutes, which makes the provision more explicit, 1t was contended, on the other within the jurisaiction, and not to foreign banks, The case of Cooke va. fhe State Bank of Boston was cited to show that Jurisdiction could not be acquired in this way. Jadgo Barrett, after hearing the argument, took the papers, At the opening of tho United States District Court yesterday Mr. Erastus C. Benedict announced deaths of Edward H. Owen, ex-Urited States Pri; Commissioner and a member of the Bar, and of Jol P. Crosby, n & prominent practitioner in the United testimonial of respect. Mr. Goorge F. Betts moved, {a addition, that a committee be appointed by Judge Biatobford to call a meeting of the Bar to take suital action im the matier. The Court then adjourned and the following committee was appointed:—Erastus C, Benedict, Charlies 0. Peabody, Cornelius Van Sant- wood, James C. Carter and James Thompson. A gen- oral meeting of the Bar wns cailed tor this afternoon at three o'clock, in respect to the memory of tho dead Jawyer and to take suitable action in the matter. DECISIONS, SUPREME COURT—CHAMBERA, By Judge Barrett. | Parker vs, Damas and Rol vs, Hart.—Memorandum. F ‘Wanlig vs, Rauchiuss,—The affidavit of service is de- fective. Titus va, Noe; Gilhooly va. Veber; Hobart va Fisher; Bramman va. Tupper; The National Shoe and L. Bank vs. Edwarus; The Firat National Bank ot Jersoy City vs. heey The National Shoe and Leather Bank vs. Wyman; The National Shoe and Leather Bank va Rowland; The Nattunal Shoe and Leather Bank va Wemplo; Bechet ys. Udell; Wahlig va Rauchfuss, Stnrgis ‘vs, Stoughton; Freiverg vs. Levi; Wolff vs, Strasburger; The First’ National Bank vs. Cassidy; Doscher vs. Stockhofl; Watrous vs. Deckel; Saxton vs, Moloughney; Fellows va Schiffel; Constable vs. Wright; Same va. Maloucy va Whiteman, and Perkins va. Jordan —Motions granted Van Brunt vs. Deckor; The Nassau Bank vs. Koil; Cook vs. Noe; Gesner va. Wagner, and Oakley va. Mac: Kenzte.—Motions granted for second Friday. The National snoe and Leather Bank va. Van Win- kle.——-Motion granted for tho Inst Friday of October. ha va. indie and Cole va. Kissam.—Motion granted for third Friday. Syms v: ¢ O'Donnell ©. K. Dis, Company; Thompson vs, Jayne; Kelty vs, Davison; Claflin Walsh, and Syms vs. The ©’Donnell VU, Dis. Co pany. —Motions grantoa for the first Friday. ad the Union —Judgments Boyd vs. Wetzer; Watters vs. Molle: Dime Savings Bank va Finkena ‘anted. Martin vs. Thomas; Fagan vs, Beggs: Bayer va. O’Neili; Chesterman vs. Torner, and Tho Lenox Fire Insurances Company v8. Gaige.—References ordered, Stevens vs, Boggs. —Proof ot service wanted. The German Savings Bank vs. Shaw. —Granted. Sheppard vs. Lont.—Tho motion to vacate must be denied, as it was distinctly argued that the acceptance of the interest should in no Texpect discharge the lia- bike por should the bail be reduced, there being nothing in the facts disclosed which should reduce the recovery herein. Motion denied, with $10 costs, ‘The Morchante’ Kxchange National Bank vs, Waitz- folder.—The defendant may take « commission I! he sees fit, but his motion jor a stay of proceedings therein is denied. Keeler va Wittman.—The admission of service should bave been signed by the attorney’s name alone. P The Bond Street Savings Bank vs. Jullpp.—Motion ya. Haten,—Let the decres be pro; ‘and let the selection of a referee requires, ly en- @ left to grosned, tho Court as the rule By Judge Westbrook. Brosh va, Schustor,—-womrandutm jurety alone, was served in By Jadge Donohee. a Willard va, Decatur.—Motion granted; property to be sold on threw days’ notice in HeRaLp, SUPREME COURT—SPECIAL TEBM. By Judgo Lawrence, Murray vs. Armstrong et al. (two cases) and Re aney vs. Fischer et al. —Findings settied. SUPREME couRT—cIRCcUIT—PABT 1, By Judge Lawrence, Schiff and another vs. Tho New York Central am Huason River Railroad Company.—Complaint dip missed, with costs, SUPREME courT—crncurT—PaRT 3, By Judye Van Vorst, Rice vs. Livermore, &c-—Order settled and signed, SUPERIOn COURT—-SPECIAL TEBM. Ry Judge Curtis. Maher va, The Central Park, North and East River Railroad Company. —Motion for payment of money to guardian grante to resettle, Archer vs. Clark.-Ordered that mott order denied. Hoagland ys, Barney. —Ordor substituting attorney. Cooper et al va Smith et al.—Interrogations al- lowed. Morgan, &¢., v8. MoVickar,—Ordered on calendar for 9th day of October. Doman vs. The Vaciie Mail Steamship Company.— Order for cominission, Schauer et al. vs Wettenberg et al,—Notios of settlement to be given. Hagaman vs. Burr.-—Let the case be filed, COMMON PLEAS—SPECIAL TERM, By Judge Van Brunt. Duff vs. The Bank of New York.—Case settled. Dunseith vs. Columbin; Gottgan vs. Johneon.—Os ders settled Griswold ve, Benz.—Oraer signed. Whitehead va. Kennedy.—Motion for judgmeni granted, See memorandum, Kuchmeyr vs. Robinsou.—Allowed by special order, Glendenning vs. Rank,—Reference ordere By Chief Justice Daly. Coombe vs, Cantrell.—Bond approved. Smith va Kennally; Kiem vs. Marschults,—Seq opimona. Ferroplastieo Manufacturing Company va Beckelb houpt.—Motion denied. 4 By Judge Daly, Wheeler vs. Marray.—-Counsel must attend on 6th, at eleven o'clock, to settle findings, MARINE COURT—CHAMBERS, By Chief Justice Shea, Dunzak va. Straub; Beveridge va. O’Brien; Frost va Blunt; Clayton vx Oikes; Adams va Moyer; Englor vs. Bayer; Wilbur vs. Sage; Dauchy vs. ‘French; Schnoiter vs. Bramer; the Bank of the Metropolis va. Jacobs; the New York Newspaper Union vs Delano; the Willcox & Gibbs Sewing Machine Company vs. Green; Waddy vs. Mananan; Haviland vs, Rossa; Thrace vs. the Charch Uniou Publishing Company; Solover vs. Lougyear; Cornwell vs. Barbour; Hermance va. Tilly.—Orders entered. Englehard vs. Byrne; Peters vs. Dethl; Goldberg va, Rogazzi. —Motions granted, Gillespio vs. Schwarzler; Butler vs. Morrison. —De- fendants’ defauit noted. Herbert vs, Porter, —! granted, COURT CALENDARS—THIS DAY, Supreme Court—Cuamoxrs—llold by Judge Bar. 2, Dofendang discharged. Motion 1% ot Daniels. —Nos 152, 170, 173, 110, 177, 178, 179, 180, "182, 183, 185, 180, 188, 189, 190, my Surneme Court—Srecia, 'TerM—Hold by Judg: Van Vorst.—Law and fuct—Nos, 45, 361, 283, 591, 146 460, 405, 334, 433, 445, 448, 223, 322, 641, 465, 406, 467, 408, 469, 470, 472 to 403 (inclusive), 49354, 485, 496, 497, 408, 499. Surrewm Covurt—Oircoit—Part 1—Held by Judge Donohue. —Nos. 3655, 1072, 862, 1721, 1795, 1051, 2753, 1377, 1727, 1858, 1857, 1859, 1877, 1801, 1906, 1921, 1925, 1927, 1947, 180944, 191344, 191544, 1049, 1929, 2072, 1350, 1493, 777, 1957, 1959, 1061, 196%,'1995," 1067, 1071, 1973, 1975, 1979, 1985, 1987, 1989, 1991, 1993, 2001, 2003, 2011, 8015, 2017, 2023, 2027. Part 2—Held by Judge’ Law: rence.—Noa, 3956, 182 2404, 1876, 1103, 7733 770, 2734, 2978, 758, 2733, 1248, 1410, 2838, 2448 go22, 2264, 1320, 1404, 562. Part 3—Held by Judge Larremore.—Case on, No. 2888, No day calendar Sursnion Court—Gexeray Txnt—Held by Judges Sedgwick and Speir. 42, Surgnion CovuRT. Part 1—Wold by 812, 276, 227, 70, 1 201, 214, 252, 261, 551, 250,'260, 264. Part 2.—Adjourn for'tho term. Common PL¥as—Equity Taxm—Hold by Judge Rob- inson.—Nos, 6, 21, 4, 47, 33, 55, Common PLEAS—TRIAL TRAM—-Part 1—Hold by Judge C. P. Duly.—Nos. 893, 804, 895, 896, 807, 890, 901, 902, 903, 904, 904, 906, 907, 908, 909, Part 2—Held by Judge Vau Brant.—Nos '849,'924 to 044 (inclusive), Part 3—Hold by Judge J, F. Daly.—Nos. 900, 910 v4 (inclusive), 819. Manrwe Court—TxiaL Teru—Part 1—Held by Judge Alker.—Nos 4548, 8106, 4484, 4578, 4248, —, 4672, 4674, 4677, 4675, 4679, 4680, 4682, 4684. Part 2— Held by Judge Gocpp,.—Nos. 4590, 4643, 4312, 4452, 4447, 4522, 4389, 4610, 4687, 4680, 4691, 4696, 4697, 4098. Part 8—Held by Judge Sinuott.—Nos, 6008, 4869, 7084, 4463, 2025, 7129, 7140, 7172, 6088, 7184, 6031, 6130, 7020, 6603, 6742 Court or GeNERAL Sesstoxs—Part 1—Held by Judge Sutherland.—The People vs. Jobu Conklin, robbery; Same vs. David Scandiin, robbery; Saiyo va, Charles ; Same vs Joho robbery; Same vs. Di n, burgiary; Same vs. Eagena McCullen and John Gallus, burglary; Same vs, Mary Aun Jones (four cases), grand larceny; Same va. Louis Wolf, grand larceny; Samo vs. Henry Breunes, grand larceny; Same vse John White, grand ony; Same ve. James McLaughlin, false protemces: Samo vs. Magic Naipil, disorderly house; Same vs. John Gani, petit larceny, Pari 2—Held by Judge, Gildersieove.—the People vs, Johu robbery; Samo vs. William Degnan, felonion Judge Saniord.—Nos 761, 291, if ¢ vs. James Martin and Jam Campbell, burglary; Same va. Minnie Fay, burglary; Bamo va Wiliam MoGowan, grand larcony; Same vs. Patrick Monaban and Mary Hogan, grand larceny; Same vs, Carrie Stone, grand larceny; Same vs. Adam Wolt and Morris Pincus, grand ora he Same va. Nicholi Bandie, grand jarceny; Same vs. Robert Saan, dors, grand larceny; Same va. Micbael Killtan and Robert King, grand Jarceny; Samo vs. Sebastian Lany and Charles Donina, receiving stolen good: William Dominal, receiving stolon goods; Same vs. Hyman Wein, receiving stolen goods; Saino va, Rich ard MeCartiey, cencealed weapons; 5: va. Thomag Hen: assault and battery; Samo vs, John Lang, musdemeanor. COURT OF APPEALS, DECISIONS. ALDASY, Oct. 5, 1878 In the Court of Appeals to-day tho following acai fons were handed dow Motion denied, without costs.—Preston vs. Morrow, Motion for reargument denied, with $10 costa— Keogh va. Westervelt, Judgment ailirmed, with costs.—Wooster vs. Sageg Gifford vs. Waters; Graham va, The Fiashing Railroad; va. The N. Y. C. and 0, R. R.; Yates vs. The N’ andc. RR Judgment reversed and new trial granted, costs to abide the event. —Seligman vs. The South and CG. RR; Fisher vs. The Mayor, &c.; Taylor vs. The Mayor, &a Judgment reversed and now trial granted —The People vs. Scott. Order affirmed, with eosta—The Union Savings Ine stitation vs. Duryea. Order affirmed and judgment absolute for defendant on stipulation, with costs.—Colgrove ve. Tallman. Order affirmed, with costse—Phillips ve. Bona al The People ex rel. Can. Bank vs. The Board Supervisors. . Appeal dismissed, without costs.—In re Willian Baggs, an applicant for dismission to Bar. In the Court of Appeals to-day tho following bush ness was transactod ‘ pon motion of Matthew and ordered on the new calendar. No. 136, Risley vs. Brown.—Motion to revive causa, HF. Ballard for motion; A J. Parker No, 190, Nichoias va. The New York Central ang Hudson River Railroad —Motion to strike from the calendar; Joseph W. Russel for motion, William h, Adains oppos Cochrane, executor, and another va, Ingersoll.—Motion for reargument; P, V. K. Stantoa for motion, J, M. Lawson opposed. AVPEALS FROM ORDERS, No, 406. In. re Mary KE. Price. —Argued by Joba Townsend for appellant and 3. V. Kh. Cooper for ros spondent. No, 404, Devlin vs. Toe Mayor.—Argued by Joseply J. Marria for appellant and 8. Hand for respondent. No, 400. In re Rhinebeck and C. Railroad.—Arguc® 2 = Hand for appellant and Fraak Loomis for respons en} No. 408. Lyon va. Lyon.—Arguea by KE. H. Hobb@ for appellant and D. P. Barnard for respondent, GUNRRAT, CALENDAR, No, 28. Booth va. The Boston and C, Raslroad.—Aty_ gument resumed and concluded. No, 296, Weed va. Van Cieve,—Submitted. No. 29%. Brace vs. Burr.—Aryued by George W. Va Slyck for appellant and 8, K. Church for respondent, DAY CALENDAR, The following is tho day calendar for Wednesday, y* 1876 :—Nos, 298, 300, 136, 235, 285, 279, 6 KILLED WITH A SHOVEL Coroner Ellinger yesteraay held an inquest In the case of Patrick Lyons, of No. 108 Bayard street, whe was strock with a shovel by Daniel Sullivan, on ‘26th ult, and died at the Chambers Street Hospital on the Ist inst, Maurice Sullivan, brother of the prisoner, Michae® Winds, Thomas Free, Patrick MeTagne and Isabella Little were ght ioe of the affray and testified to the proprietor, about three o’clve! the 25th alt. Sullivan was shovelling ceal near the door, Lyons went out and ordered bim bi bat Sullivag would not go, Lyons kept on tantalizing bim untilSullk van became so exasperated that he took up the and strack deceased one blow with it on the heed. whiten foiled him to tho ground. Dr, Cushman read the medical testimony In the case, showing that death wag due to a fracture of the skull, caused by The jury bronght in a verdict against Salliven, Coroner rg committed him to the Tombs to at the action of the Grand Jury, Cow! tor tne objected and asked that tho ndmattted to bait ‘This was denied, and the counsel his tore tenti of VS wel, making a motion to r of