The New York Herald Newspaper, November 30, 1876, Page 14

THE COURTS. An Armistice in the Horse Railroad War, CONVICTION OF RALSTON, THE BOND FORGER. \ Suit Against the United States In- surance Company, — Trial of the Judge Connolly Contested Wiil Case. ‘ “Posed, puzzie1 and perplexed” pretty nearly de- scribes the condition of the average reader confronted with the complications which daily grow more intri- cate between the four railroads whose quarrel has re- sulted in rendering a street impassable, in annoying judges almost beyond endurance and in filling the tolumas of the newspapers with their proceeding for so many days. Judge Lawrence, sitting in Supreme Court, Chambers, yesterday, issued an order modifying dys injunction of Monday last so far as to allow the Bleccker Street and the Clristopher and Tenth Street railroads to complete the Inying down of tracks in tuch portions of the street at Union square as thoy have already tors up and to repave the same, and thus temove all possible inconvenience to the public pend- ing the settiement of the case, which will be argued before him to-morrow morning at half-past ten o'clock. As the case has now reached astage in which It is incomprehensible to the average reader perhaps a & brief statement of the rise and progress of. the war ‘will not be out of place, By chapter 109 of the Laws of 1873 the Bleecker Street and Fulton Ferry Rail- road Company was authorized to extend its tracks sbrough divers streets and avenues, including Four- teenth street and University place. That company leased a short time since, to the Twenty-thira Street Railroad Company, all its railroad constructed and to be constructed, together with the franchise conferred by the act of 3873 The Tweoty-third Street compan: im turn mado a sub-lease to the Christopher and Tent. Street Railroad Company of certain portions ot the track and the franchise of the Bleecker Street road, including streets which would enable the Christopher Btreet company to extend its road from the Christopher Street ferry to Fourteenth street and Union square, ‘The road thus completed would be in some respects co- incident with the route of the Central Crosstown Rail. road Company, and this fact led to the present “war,” for the latter corporation at once declared that the franchise of the Bicecker Street road could not legally be transferred in such mavner. On the 24th inst. the Bleecker Street road, at the request of the Christopher Street road, commenced the construction of tracks in Fourteenth street. The workmen were in- terrupted by the police, acting under the direction of Mr. Allan Campbell, Commissioner of Public Works, The untinished tracks were torn up, and removed by Mirection of Mr. Campbell on Saturday last. There- upon suit was instituted by the Bleecker street Com- pany and the Christopher and Tenth Street Company agaivst the Mayor, Board of Aldermen, Police Com- missioners and Commissioners of Public Works and the Central Crosstown Railroad Company, and on Monday morning Judge Lawrence granted an Injunction restraining the defendants from interfering with the plaintifts in the construction of their road, and on the afternoon of that day the work of ijaying the tracks was recom- menced. Sfbsequently an order was made by the fame judge moditying his injunction so asto require she plaintiffs to refrain from tho construction of their tracks until further order from the Court, and changing she return day named in the injunction from the first Monday in Decemver to November 29. Meanwhile Buil was commenced by Simon Stern, attorney tor the Central Crosstown Railroad Company, in the name of the people, against the Bleecker and Christepber Street roads to restrain tbe further construction of tneir tracks, Tho Central Crosstown road also isti- tuted a suit in the Superior Court, and Judge Speir grapted an injunction restraining any interterence by the Bleecker Street road with the tracks of the plain- tif, The two motions—one instituted by the people and one in the first mentioned suit by the Bleecker Street Railroad pg ge ig oe applying for injunc- tions, came up for hearing before Judge Lawrence, ‘when he mado the order as related above, President Sharpe, of the Twenty-third Street Rail- road, called on Superintendent Walling yesterday and exhibited a copy of the modified injunction granted by the Supreme Court allowing workmen in Mr. Sharpe’s employ to replace the pavement taken up in laying the track on Fourteenth strect prior to his being en- jouned. After reading the moditication the Superin- tendent directed Captain Byrne, of the Fifteenth pre- cinct, to permit the replacing of the pavement. The work Logins this morning. CONVICTION OF RALSTON, ‘The prisoner placed on trial before Justice Davis in the Court of Oyer and Terminer on Monday, under an indictment for forgery, and whom the prosecution as- serted to be the notorious Charles Ralston, alias Walter Sheridan, alias Walter A. Stuart, was last evening found guilty of the second count in tho indictment— ‘that of uttering forged railroad bonds, The defence, it will be remembered, was that the prisoncr was not the forger but a poor sneak thief, and Mr. A. Oakey Hall certainly handled his cuse so as to mako many doubt the identity of tho aceused, even with the most em- phatic testimony that he was Ralston, and with the risoner visilly distorting his face before their eyes. ir. Hall made an able summing up address, when the Court opened yesterday morning. dwelt upon t! conflicting nat of the evidence as to the prisoner's identity and claimed that no man should be convictea when there was a doubt of his identity produced by the prosecution itself, a8 had occurred, he claimed, in the present suit. Mr, Hall quoted the celebrated Tichborne case to sus- tain bis arguments and referred the jury to tho work of Mr. John Townshend, in which eleven cases of mis- taken identity are set forth, He claimed that be was not bound to prove that the prisoner was not Ralston, but the prosecution were bound to show beyonda doubt that he was, and thereupon read from the testi- mouy ol the various witnesses in support of bis asser- hon that bis client’s identity had not been proved. wir. Hall ridiculed the idea that an ignorant, stupid jooking man like his client could have associated with the men Ralstou did and bave accomplished such skilful ‘y. In that connection he toid a story of James T. brady to the effect that when the latter was deiend- ing a burglar in the Court of General Sessions many years ago he called policemen and other experts to prove tout the crime charged in the indictment w: the Work of atyroand then showing clearly that bi client Was a most accomplished be rglar, who performed bis work after the most approved fashion, gained the release of his client, The prosecution claimed tho ner wasasneak thief andahorse thicf Were cters of horse thiet and forger iacom- patible? District Attorney Phelps followed Mr. Hall in a pow- erful aud eloquent address, in which he dwelt anly upon tne question of identity. He contended that tne man had no defence. If he were not Ralston who was associaies, friends, peighbors, relatives—where were they? Mr. Hall, he Faid, had attempted to prove, not only that the prison- er was not Ralston, but that he was not oven Stuart, who had lived im Fourteenth street in 1872, and the jury were left in darkness ae to.who he was. The ims probabilities of the defence were exposed and the evi- dence tor the prosecution arrayed in its most forcible aspect. bief Justice Davis delivered a brief and compact charge, stating the law bearing upon the case and placing all the bee gigas & before the jury in the clear. est possible light, At five o'clock he concluded and the jury retired. Afteran absence of about twenty. minutes thoy returned, with a verdict of ‘Guilty,’ The prisoner was then remanded for sentence until December 6, UNITED STATES LIFE INSURANCE COMPANY. In tho suit of John Tilton and others vs. the United States Life Insurance Company, the Union Mutual Life Insurance Company, of Boston, and others, tho facts of which ha Ireudy appeared in the Herat, & motion on behalf of the plaintiffs was made before sudge Van Bruot, in Common Pleas, Chambers, yes- terday, for an order to take the testimony of the President and Secretary of the United States Company. Yhis testimony, it Is claimed on the part of plaintifis, is necessary to enable them to properly frame their complaint,-and the motion for an order authorizing the taking of st was based on an affidavit, the sab- stance of which has already appeared iu the Herat, and the leading points of which sre in oftect that playntifls are policy holders in United States Company; that ey, are not cortain It they havo received all the profits coming to them under the terms of their policies; that they bave heard there is an intention to transfer the com- ‘ay to the Union Mutual Ite Losarance Company, of joston, or some other corm: 5 such transier would be injurious to their ri; policy holders, and that to restrain such trai © is tue purpose of the suit in which permission 18 sought to take the tcs- timony required. The defendants answer by alfidavit that no such transfer is contemplated, and assert that even if it was contemplated it would ve vord and of no eifect, In opposition to the motion, yesterday, dir. A. J. Vanderpoe! claimed as matter of law that the parties sought to be examined had not been mace [aoperrbed the action in gooa that st could not pretended that there Was a cause of action against them, even on the papers presented in favor of the motion, and making t parties to the action war only @ pretence to get an exuminaiion to whieh the laintifs were not entitled; that when an application Was made tor the examination of parties Belore tue service of a complaint, as in this case, it became the duty of the Court to see that its process and torms of aw were not absurd. Mr, Vanderpoe! further con- fonded that the papers in the caso failed to stiiow a thadow of cause of action even against the company, ged that plaiwtifls might with as much propriety in- NEW YORK HERALD, THURSDAY, NOVEMBER 30, 1876.-TRIPLE SHEET. clude all the insurance companies tn the Cnited States as the Union Mutual, of Boston, which bad been made a co-defendant, Judge Van Brant reserved bis de- cision. JUDGE CONNOLLY'S WILL. In the matter of the contested wil! of the late Judge Connolly, better known as the “big Judge,” examina- tion of witnesses on bebalt of Mrs. Healy, the daughter of the deceased and the contestant to the will, was re. aumed yesterday before Surrogate Calvin. The irst witness examimed was Philip Reilly, who testified tbat he had been very intimate with the deceased in his lifetime; that some time during the spring prev- ious to his death jas requested by the deceased to attend some proceedings in the Police Court in which Mrs. Kloy was under examimation ona criminaj mo Kley, which the deceased diazapproved of, so tar as he had been iniormed of their nature. witness testified as to the = social of the deceased during the latter that time he had spoken w Healy, the husband of and bis family. Th estimony also went existing between i} | Fathers, who was the spiritual | | deceased wod his daughter, who claims that her father, in making his wili, was, by undue influences and while in a weak state of miod at the tim of making his will, incensed against her. Thi witness testified that instead of being op- posed to his daughter’s marriage he was in favor of it, but that ho took exception Sent to Healy as to nis character and antecedents prior to his marriage with his daughter; that be also objected to the association at her own home with certain fe- male friends, alleging that they wero alienating ber affections trom him; that witness combated tneae ill- founded impressions and advised a more kindly ana Hberat construction of his daughter’s conduct, who was, to bis (witness’) knowledge, very much devoted to him; that the deceased, in this connection, had re- pled that the greattrouble with New York girls in society was that they were too much induiged by their parents and were permitted to mix too much im soci- ety. Tbe case, which is attracting a good deal of in- terest, 1s still om. MANDAMUSING THE COMPTROLLER. In 1873 James McKeon, as tho lowest bidder, gota contract for grading, curbing and flagging Madwon avenue from Ninety-ninth to 105th street, The sure- ties approved were unable to justify, and the Commis- sioner of Public Works consented to approve new sure- ties, and sent the papers to the Comptroller for action. The Commissioner subsequently wished to reconsider bis approval, and wrote a letter to Mr. Green to that effect. The contgactor thereupon took out an injuno- tion to restrain the Comptroiler from returning the papers to the Commissiover without acting upon them, ‘and the case was before Judge Lawrence yesterday on two motions—for a mandamus to compel the Commissioner to carry out the contract, and for an order setting aside the injunction against Mr. Green. Mr. Andrews contended that the approval of the new suretics was a matter in the Commissioner's discre- standing in Cour. He thinks and wishes to reconsider the vit that the cost agreed to is $1: whereas it could now be done for half that amount. Mr. icering, in ry, when the contract wus io the bid was the lowest and beneficial; the sureties approved be- came inadequate atterwards trom causes beyond rela- tor’s control, and relator should not suffer by the delay caused by defendants ip approving until now, when prices are low. As te the Commissioner, he was func- tus officti, once he consented to the new sureties, and cannot take back nis approval. The Court reserved decision, CROOKED WHISKEY. The case of one of the alleged crooked whiskey con- spirators now under indictment in the Criminal Branch of the United States Circuit Court came up yesterday in the United States District Court before Judge Blatchford and a jury. The party under trial was James Anthony, against whom suit was brought by the United States to reoover a penalty of $1,000 alleged to bo duc the government under the provisions of section 3,319 of the United States Revised Statutes, for the purchase of spirits by the defendant from an iilieit dealer, The evi- dence showed that Anthony purchased about 400 gallons of spirits trom one Logwood as agent tor one Byrne, atd that neither of the parties were then authorized rectifier, distiller or wholesale liquor deaier, Anthony testified, in his own behaif, that he received a bili for the spirits in question which set forth that Byrne was in business within five blocks of his place of business, and that be did not know nor did he make any inquiry respecting tho true tacts of the case as to Byrne’s business. The Court directed the jury to find a verdict forthe government for the fall amount claimed. Assistant District Attorney Roger M. Sherman for the government, Thomas Har- Jand for the defendant. THE CIVIL RIGHTS BILL. Ashort time since J. Milton Turner, a colored man and United States Consul to the Republic of Liberia, commenceda suit to recover $5,000 damages from Messrs. Allen & Dam, proprivtors of the Astor House, These damag: wore demanded on the ground that plaintiff had been injured to that extent by the ro- fusal of the defendants to furnish him with accommo- dations in their hotel, us he asserts they were bound in Jaw to do, under what 1s known as the Civil Rights bill, Issue has now been joined by defendants by an answer served on their bebaif by ex-Judge George M. Curtis. In this answer it is alleged that the defenua hotel was full at the time plaintiff claims to bave been retused accom- modations therein; that the act under which Jaintifl secks to recover is unconstitutional tn thats otelkeeper cannot be corapelled against his will to entertain persons of color, and that plainuf has, therefore, no right of action ip the premises, The suit is brought in the Court of Common Pleas, and if Consul Turner will possess bis soul in patience for about six months more be may see the result as far as that court isconcerned. The United States Supremo Court nover having passed on this act, however, it is the purpose of the defendants, it worsted bere, to carry the case to that tribunal, and in that event both purtios will have to live long in Srder to sco the end, THEATRICAL DIFFICULTIES. At the suit of William E. Deverna, Judge Lawrence in the Supreme Court, Chambers, yesterday granted fn attachment against Charles B. Stoughton, John McCool and Charles E. Arnold, proprietors of the play of “Baba” now running at Niblo’s Garden. Comptain- ant sets forth that on the 17th of June Bensen Sher- wood, machinist at the theatre in question, entered into an agreement with the defendants to bring outthe play referred to, he to receive five per cent of the net profits and also $100 per week during the representa- tion of the play. The first performance was given Soptember 18, and two days later complainant bad as- signed to bim the right and title of Mr. Sherwood in it, Undor the agreement $922 12, now due, remains un- paid, and to obtain this tho suit was brought, SUMMARY OF LAW CASES. Upon application of the Juvenile Delinquent Society Judge Lawrence yesterday granted a temporary injunction restraining William Becker, proprietor of the “Cengral Halie,” in Twenty-third street, irom giving further theatrical entertainments until be shall pay his license fe George H. Covert sued out a writ of habeas corpus to obtain possession of a five-year-old son, George L. Covert, now in his wife’s possession. The latter claimed that her npusband had practically abandoned her and his child, and was besides unfit to care tor the latter. Judge Lawrence yesterday reterred the matter to counsellor Charlies ik. Jenkina, John Judd, the magician and conjurer, has brought suit for divorce from Ellen Judd, bis wife, The partics married in England six years ago. The divorce 18 asked for on the ground of the alleged adultery of the wile. Counsellor Coleman applied to Judge Lawrence for & mandamus tocompel the St, Anthony T. A. B. Society 10 reinstate James Gallagher, who was expelled on ac- count of alleged embezzlement of funds from the sup- plementary nonincorporated ladies’ society, of which be was clected treasurer, he being rendered eligible tor that office by his membership in the male incorpo. rated society. Mr. Peter Mitcuell appeared tor the society Lo oppose the application. The Court took tho papers. Ty. August Belmont, the executor of the late Com- modore Perry, bas brought a suit against Jacob Voor- his, Jr., to toreclose a mortgage given by Voorhis to Commodore Perry in his lifetime for money loaned. Among the defendants are A. T, Stewart & Co. aud I William C. Bryant & Co, publishers of the Avening Post, \ve latier claiming to bave liens on the mortgaged property. United States Doputy Marshal Harris yosterday ar- rested John Hector, Owen MeGuire, Bernard Conners, David Keitl, Heary Lyon, Timothy ‘Thomas Murphy and Peter Behan, all of Tarrytown, in th State, on a charge ot ees d voting at the lat qT risouers were taken belore Comm: port, who held Lyon in $5,000 bail and post- poned the consideration of the other caso In tho case of John Anderson, tried in the United States District Court yesterday, betore Judge Bla ford, the goverument sued for penalties under sections 3,518 and 4,319 Revised Statutes, amounting to $1,100, | alieging that Anderso wholesale liquor doaler, bought spirits of Mal rothers, who are not a thorized dealers, and made a false entry in hi ernment book to tho effect that he bought these from H. Webster & Co. On tho conclusion of the evi- dence for and against the Court directed a verdict for | the defendant. Roger M. Sherman for the govern- ment. Attachments were granted yesterday by Judgo Lawrence against the property in this city of tue Vhoonix [usurance Company, of Hartiord, Conn, Insurance Company of North Atnerica, of Phila pha, the Frouklin Insurances Company, of Indiana, and the Hartiord Fire Insurance Company, they all bemg foreign corporations. The attachments were granted on application of Join F. Donaldson, assignee | of Charles H, Hackett, who effected insurances in i these different companies on property at Hudsonville, Iiinois, which was eubsequently destroyed by fire, but on which the Insurances yet been paid, ‘The proper undertakings were given in each case. In the suit of Brady vs, Samuel J, Tilden, the full facts of which have already been published in the Heraxp, a motion was yesterday m: before Judge Speir, in the Superior Court, Special Term, to set aside extension of time granted to the defendant to an- ewer the complaint, The motion was opposed on the ground that the complications of the recent election had so oceupied the time of Mr. Tilden that he was uoable to examine the long accounts mecessary to trame his answer. Decision was reserved. Mr, Beach filed in the County Clerk’s office yester- day the judgment rollin the suit of Martinez va. Del Valle. it shows the amount of judgment—namely, $50, together with $197 94 taxable costs and interests, ee in all $247 94, for which execution will be is DECISIONS. SUPREME COURT—CHAMBSRS, By Judge Lawrence. Williams and others vs, McCombe; Emigrant In- sts wings Bank vs. Ward; Finley vs. The roe tit rders pps vs, Hopps; Conert vs. Conert. Emigrant Industrial Savings Bank —Order signed. Tucker vs. Livingston. Memorandum. Hutton vs, Stevers.—An attachment baving been tesued in this case the judgment cannot be entered until the plaintiff furnishes the undertaking pre- scribed by the eighty-fourth rule of the court The People, &c., ve. Mason Manufacturing Com. pang. The counsel for the defendant has notifiea t jourt that he desires to be heard in opposition to this application, and I, therefore, shall make no order until be has beea heard. Hinckeu vs. Rode; Morris vs. Hughes; Munroe vs. Moy berg; Miller vs. Perl; Roome vs. Hunter.—Granted, Allen vs. Hyde.—Explanaticn required. Wilson va, Bevans.—Keceiver appointed, By Judge Donohue. Force ys. Gibbs.—Order granted, Gano vs, McCunn. —Grante. By Judgo Barrett, Matter of Carman.—Order settled as within, Let it be engrossed and handed up for my flat. . SUPREME COURT—-SPECIAL TERM, By Judge Van Vorst. Winfield va. Kirk ot al —Report confirmed and judg- Ment signed, The Hebrew Benevolent Orphan Asylum Society va The Mayor, &c,—Amendimonts allowed and as allowed settled. Let amendments be engrossed with the find- 1 usgrave vs, Webster.——See opinion, The slutual Life Ini e Society va, Trask and others.—Findings of tact and conclusions of law set- tled and signed, Adjourned for term. SUPERIOR COURT—SPECIAL TERM. By Judge Speir. Berdell va, Berdeil.—Order appointing Erastus 3, Spencer receiver in place ef Joseph H. Guppy. ‘Speer va. Burt,—Order that plaintiff file security for costs, The Central Crosstown Railroad Company vs. The Twenty-third Street Railroad Company et al. ; The Ad. ustable Folding Chair Company vs. Marks et hite vs. Baxter.—Undertakings approved. ‘The Bowery Savings Bank vs, Smith et al.—Order to amend summons und all proceedings. Carr vs. The Mayor, &c—Ordered on calendar for second btonday of December. Mifford va. North American Life Insurance Com- pany.—Order restoring cause to general calendar. Agnew vs. Keith et al. (Nox. 3 and 4).—Relereo’s re- port confirmed and judgment of foreclosure and salo ordered. Ferguson vs. Barn.—Order settled. Cooper. vs, Moller et al,; Gerdes vs, Moller et al.— Orders confirming referees’ reports. Kaufman et al. vs, Hamburger.—Order that commis- sion issue. By Judge Sedgwick. Burnham ot al. vs, Brennan.—Case ordered on file, GENERAL SESSIONS—PART 1, Bofore Recorder Hackett. THE CASE OF M. GAULIER. The trial of George Hector Gaulier, professor of French literature, having rooms at No, 1,212 Broad- way, and charged with violating tho law for the sup- pression of obscene literature, was concluded yester- day, Without leaving their seats the jury rendered a verdict of guilty. The prisoner was then remanded until he can be tried on two other indictments charging similar offences, During the day he was again brought to the bar of the court, when Assistant District Attor- ney Bell called the attention of the Court to the fact that about ten ye © the prisoner was a student in the Genvral Th al Seminary at West Twenticth street and Ninth avenue, in this city, and that the frequent loss of lotters sent to other students in that institu. ton, containing checks and money to defray thoir ex- penses, was brought to the notice of the Post Office De- partment. The thelts of the letters, money and checks were traced to the prisoner. Ho was arrested, indicted for forgery ard confessed his guilt, At the intercession of triends who interested themselves at that time the Recorder suspended sentence, The As- sistant District Attorney moved that toe prisoner be now sentenced on that indictment and also upon that just tried. Mr. James Gaylor, now Superintendent of Box De- livery in the New York Post Office, was placed upon the stand and identified the prisoner as the student whose arrest he had caused while acting asa special agent af tho Post Office Department ten years ago, on charges of having stolen letters from the mail, robbed them of checks and torging Indorsements thereon. The prisoner then passed under the namo of G. C, D, 5. Gauthier and confessed his guilt to him, Mr. Anthony Gomstock, a special agent of tho Post Office Department, testified that the prisoner, whilo in the Tombs prison last Monday, told him that he was the G. C. D. 8. Gauthier mentioned in the indictment for forgery reforred to above, Gaulier was then re- manded. A DESPERATE CHARACTER. Jacob Trimil was founa guilty of having entered tho premises of John Berztil, at No. 120 East Third street, about three P, M. on November 14 and taking thcre- from goods to tho value of $310. He was charged also with having on the morning of November 5, with ono or more companions, attempted to rob Mrs, Caroline Becker at No, 310 East Fiftieth street. The juty ren- dered a verdict of guilty and Recorder Hackett sen- tenced the prisoner to a term of ten years in tho State Prison for the attempted robbery and an additional term of five yoars for the burglary, to commence at the expiration of the first term, A STOLEN SHAWL. On November 8 Mrs. Herter, of No. 436 West Twenty. second street, shopping on Sixth avenue, entered one of the stores and left her camel hair shawl, valued at $1,000, in the carriage. Two boys, named Frank Car- roll’ and David Johnson; were passing and saw the prize. Carroll stole the shawl from the carriage scat and gave it to Johnson, who ran away with it. Jovn- son pawned the article for $d at Solomon’s pawn office, No, 98 Sixth avenue, and then ,ot drunk witn the money. He alleges that while intoxicated he lost the uwn ticket. About throe days atier the robbery Jobn Russell twenty-four years old, presented the pawo ticket at Solomon’s and withdrew the shawl, On No- vember 10 the following appeared in the columns of the HeraLp:— $100. AND NO QUESTIONS FOR THE RECOVERY of a Shawl taken from «carriage standing om 6th Addross Post ay, and 20th st,, on Nov. 8, at J o'plock P. M. office box 583. Mrs. Herter soon received a letter signed “Confiden- tial,” stating that the writer had bought a shawi ata rice so lar beneath its value that be thought it must ave been stolen. He described the lost shawl ac- curately and gave « diagram of the marks on j{, and asked if it was ber stawl. A personal then appeared im the HeRap of November 12:—*Confidential—it is without doubt mine. Where can it be seen?” Ras sell ascertained the number of Mrs. Hertor’s house and called there. Meantime tne police had been work- ing up tho case, and bad trace of the two boys, Rus- sell asked whet arrangements sho would make. Ho said Lhat it would cost him about $29 and sho # roward of $100. She said she su $50 would pay bim for lis services, He agreed and after exucting a promise that no one should be present when he calied, appointed a day and hoar to deiiver the shawl, He called at the appointed time, but did not bring it, saying he wanted $60 tor it. She told him id of- ipposed that the police were op his track and he had better get rid of the property. He said that he could di: of it where the police could not find tt. Mrs. ir owas frm, and Russell went away, but return nm few minutes with the shawl, received $50, and left the house. Meanwhile the police had arrested the boys and traced Russell. Mrs. Herter kept ber promise, but was semmoned to appear at court and did so, Russell was tounu guilty. The boys confessed their sharo in the work. Recorder Hackett sens the boys to the Peniten- tiary for one year cach and Russel! to the State Prison for four years. PLEAS AND SENTSNCES, James McGuire, convicted of robbing Antonio Pas. tor of jewelry, valued at $550, on the it of Novem. on Broadway, was sont to the State Prison charged with stealing a watch, several diamond knobs and money, in ali valued at $22,000, the property of Mar- sus Kngiander, of No, 262 East Seventy-erghth & utenced to five years in the 5I Prison. Kton, seventcen ny old, charged with break- ing invo the premises of Thomas Stanton, of No, 307 East fwenty-fourth street, during the night of October 26, and taking therefrom & watch, several rings and some clothing, wus sent to tue Penitentiary for ten years. Francisco Cestario, couvicted of felonious as- sauit and battery, in having struck Nicholas Camping- hha, of No, 95 Crosby street, on the head with a largo paving stone, Was sent to the Stato Prison for tour ‘ears. Albert Powell pleaded guilty to the charge of hav- ing stolen from Louts Rah, ofNo. 170 Eltzabeth street, on November 8, property to the value of $666, and mtenced to the l’enitentiary for eighteen months, A SLEEPY THIEF. James McGrath, twenty-two years old, was charged with breaking mto the premises of Thomas Rocin, of No. 187 West Houston street, on tho might of Novem- ber 25, aud stealing therefrom about thirty pounds of cheese, Tne testimony showed that about six o'clock the next morning McGrath was jound ep onthe roof of ashed at the rear of that house, and had tho jo in lis possession, He was sent to the Stato Prison for tour years. GENERAL SESSIONS—PART 2, Before Judge Sutherland, In this Court yesterday tho trial of Christopher Haug, charged with having on the night of November J guilty, and the prisoner was discharged. BROOKLYN BROKERS’ COMMISSIONS. Justice Guck, of Brooklyn, yesterday decided a case of some importance to real estate owners and agents. In brief the facts are theso:—In July or August last Mr. Angelo L. Myers, of No. 103 East Thirty-seventh street, New York, owned ten lots on Carroll street, Brooklyn, and told a Mr, Donovan, a builder, that he could sell them with aloan to build. Mr, Donovan told Mr. David H. Hill, areal estate broker in Flatbush avenue, Brooklyn, and the later advertised the lots for sale. Mr. L. Andrew Jackson and Mr. Elijah P. Briggs, builders, of New York, called on Hii! about the lots, but he could give them no particu. Jars, and seeing a sign on the lots saying to apply to Mr. Myers, they did so, bought them aud commenced to build. “Mr, Hill had nothing to do with the sale, but nevertheless sent Mr. Myers @ bill for one per cent commission, $220, » bicn Mr. Myers paid. Then Mr. Hill demanded another commission of one per cont from Mr. Jackson and Mr. Briggs for procuring the loan, ‘They said they had not employed bim lor any Purpose, that it was all one transaction and refused to pay, Mr. Hill sued Messrs, Jackson & Briggs for tho amount, $250, in Justice Guek’s court. Mr. N. P. O’Brien’ appearing for the and Mr. Patrick Keady for the deiend were proved, but no. special agreement Mr. Hill and Jackson & Briggs testimony, Mr. Keady argued t recover 4 commission from both could he recover mose than on fo} loan. Mr. O’Brien took tne oppo: tice decided the case yesterday in favor of the do- Jendants on the ground that piaintif could not recover from both the selicr and purchasers of the lots. Mr. O’Brien notified Counsellor Keady that he would ap- al the case to the County Court, betore Judge ore, and it may go from there to the Court of Ap- peals, Brooklyn real estate brokers are awaiting the result with interest, COURT OF APPEALS. ALBANY, Nov. 29, 1874, In Court of Appeals, Wednesday, November 29, 1876. No. 28, Dayton vs, Jobnson.—Argued by Francis Kernan for appeliant, E. C. Hall for respondent. No 34. Flyon ys, Equitable Life Insurance Com pany.—Arzued by Ashboll Green for appellant, L. I. Burdett for respondent. No, 13. Hannan vs Hannah.—Argued by E, M. Rar- ris for appellant, L, I, Burdett for respondent. No, 82, Homer va Guardian Mutual losurance Com- ls y.—Argued by Ashbeli Green for appellant, Charles Miller for respondent. Courts take a recess till Monday, December 4, 1876, Day calendar for Monday, Decomber 4.—Ncs. 4, 5, 6, 38, 76, 77, 78, 88, 89, 91 and 92, UNITED STATES SUPREME COURT. Wasuinatox, Nov. 29, 1876. The following was the business of the United States Supreme Court to«lay (Wednesday) :— No, 150 (substituted for No. 120), Robert P. Dodge otal, appetlants, vs. The Freedman’s Savings and Trust Compan: fhe argument of this cause was coutinued by Mr. W. S. Cox, of counsel for the appellants, aud by Mr. Enoch Totten for the appellee, and concluded by Mr. B. J. Darnoille for the appellants, No, 124. HP. Bigelow, administrator, &c., plaintiff In error, vs. Tho Berkshire Life Insurance Company.— This cause was argued by Mr. Thomas Hayne, of coun- sel for the piamneite im error, and by Me, H. G. Miller for the defendant in error. No. 115. James Callanao, Jr., appellant, vs, Michael Hurley.—The argument of this cause was commenced by Mr. R. P. Lowe, of counsel for the appellant. No, 126. Frederick Herbold, plaintiff in error, vs, Clark W. Upton, assignee, &c.—This cause was ‘sub- mitted on printed arguments by Mr. E. A. Otis, of counsel for plaintiff in error, and by Mr, L. H. Bout- woll, for deiendant in error. 126, The town of Geneva, plaintiff in error, vs. Edward C. Fied!er.— Dismi: per stipulation. Adjourned until Monda: THE PADDEN INQUEST. The inquest into the manner of the death of Patrick Padden, who was found on the 19th inst, in 8 boat, in the East River, mortally wounded, was opened by Coroner Eickhof yesterday morning, but indefinitely postponed, on account of the absence of tho wife of the deceased. The mystery surrounding the death of Pad- den makes a moat thorough inquest imperative, and the Coroner refused to open the caso until Mrs. Pad- den was in coudition to attend court, Her doctor thinks that it will, in ail probability, be a week before she will be able to attend, THE COACH AND CARRIAGE HORSE. [From tho Kentucky Live Stock Recerd,] The old stylo coach or carriage horse is almost ex- tinct in Kentucky. His place is supplied by the trot- ter. The horse of fivo-and-twenty or thirty years ago is rarely seep nowadays. The big bays, browns and chestnuts of former days, ranging from 15% to 1654 hands high, with deep and well proportioned bodies, arched erests, strong and clean bene under the knec, open, sound, tough feet, with great knee action, lifting their forefeot high, are ag scarce now as they were plen- tiful at that period, The display of coach and carriage herses at our local fairs some years ago, as woll as at other less notable gatherings, was one of the most pop- ular and charming parts of these exhibitions. Most of these horses walked and trotted well, picked up their feet smoothly, bent their knees and kept their hind em. This activity, with their great beauty, short, poiniedears, extra style, hardiness, en- durance and docility, emincotly distincuished them as splendid specimens of the coach and carriage horso. Without the speed of the modern trotter they stood remarkably well over our hard, unyielding dame ized ronaé, and could travel all day. Our tarmers would do well to go back and breed this class of horse and give up to a great extent the breeding of trotters, the supply of the latter in the last tew years boing greatly i excess of the demand. Suitable sires to cross with she common mares and stock of the country can be obtained ata trifling ex- pense among the many thoroughbreds that oither break down yearly or bave wot sufficient speed to bo classed bigh <4 racehorses, * * * We firmly believe that {t will pay a majority of our farmers better to breed and rear the old style coach and carriage horse than it will the trotter, es- pecially when you take into consideration the cost of the stallion’s services, and the 6x pense necessarily incurred to develop the trot- There aro a number of men who make ectalty of breeding trotters, and it should be lett posserses good mares he had country dotted ali over with track: young trotters to the neglect of m: important work ‘The farmers of this State have enormous over other less favored sections of ihe country. We have better material than is to be ‘ound elsewhere, from tho lon, and free use of thoroughbred sires, whic! enables our tarmers to onter tto breeding under more favorable circamstances, Wo are ip possession of the most delightful ¢limate, the fincst soil and most lux- grass region in the world and need fear no and the lurg jmber of thoroughbred borses bred annually that not good enough for racing, furnish capital material to produce the coach, carriage end general utility horse. Ifa uumber of our farmers and breeders would de- vote themseives with half the spirit and energy to the production of this kind of horses, that bas been given in the last few years to breeding the trotter, the result will be found extremely proiliabie. aif breds, a cross between the thoroughbred sire and common mares of the country will produce a horse suitable for the saddle, road, coach and carriage, and failing im these we will have an ani- mai of great value us a general utility horse, No bet- ter proof ol this can be required than the splendid lot of saddle and herness horses that has descended trom the \horoughbred racehorse Denmark by importea Hed. e- ford out of Betsy Harrison by Aratus. He and bis sons have lett us a splendid lot of saddie and harness stock whose fame and name is widely Known anda held in high esicem, With tho acecssibility of material to breed from—right in our midst—ihe many local ad- vantages of soil, climate and grass, surely our Ken- lucky farmers can vie an€é surpass any other section in the world in such a ficld of competition—the rear- ing and production of cheap and valuablo horses. ELEPHANTS AND THE LORD MAYOR'S SHOW. (London letter to the Irish Times.] The Lord Mayor’s show this year was to have been quite amemorable pageant. The maskers of old were to havo been dispensed with; but in their place was to have been an tmuovation upon all precedent in the shapo of six or eight elephants with howdahs and guides complete, The presence of these brates would have been symbolical of the Prince’s visit to India and associated with that interesting event, But just as tho Lord Mayor-elect White—good, easy man—ihought his greatness ripening, there comesa frost, ao official frost, and bY a his elephants in the bud or threatens to per- form that rather constderable blight, Colonei Frazer d with Lord Mayor’s Commiueo iT, expressing his fear that the presence of pig in the street might involve peril to sightseers. Thi itteo have the representa- tion under cogitation, and as the now chief magis- trate has heart set on the Oriental and allegorical hants, it will go bard but be, as they say in Dubdiio, as the brutes are to be borrowed bas remonsti y aro relied on not to ran a muck, as they otrmes do in ‘the place they came trom.’’ Elephants or no elepbants, there © in which the forthcoming pageant t revive the glories of old. The famous Galiowglasses of Lord Mayor Mc3winey’s gorgeous State procossion will ve completely eclipsed by the forty men at arms, atiended by their squires, who will attend on thy London maguate on this Knights, ery om (oy will make, with their * Panzas,” a cavalier show of eighty, mounted on chataping, though jobbed, horses, and arrayed in a splendor to shame a trical tableau. The pageant promises to be quite a spectacio, while the rumors of the eating and drinking whieh are to follow it are of au awe-inspiring character, . COSTA RICA. A Hidden Land of Wonderful Wealth on the Isthmus. SEEKING AN OUTLET. Wanted—A Railroad to the Markets of the World. FINANCIAL EMBARRASSMENTS. Sax Josx, Costa Rica, Central America, Oet. 24, ota} As the world progresses in the attainment of goo- graphical knowledge new countries and their peoples are added, period after period, to the great family circle of civilization, Every day is gained a more in- timate acquasntance with nations that are as it were shut out from intercourse with the more advanced divisions of the human race by physical barriers which Tequire energy and perseverance to surmount, It is by the degree of both of these qualities possessed by these isolated vationalities that are struggling out of obscurity that their fitness for the reception of aid is Measured, for success loves to ally itself with those who strive for it with indomitable will and persistent efforts. The HxRaup is justly regarded by such people as the worthiest representative of that great civilizing power of modern times, the press,” 11s enterprise in the causo.of mankind 1s appreciated in countries like this that are as yet encumbered by difficulties in their line of progress, and which tax the utmost powers of the people in the development of their destiny. Though situated on the same continent and very hear the boundaries of the great Republic Costa Rica is but little known to the American people. Her vast mineral wealth which still lies hidden in the virgin bosom of her soil and the wonderful powers of pro- duction which her tropical climate secures to her aro scarcely taken into account when summing up theo re- sources of the continent. This is due to the fact that the population of Costa Rica is still very small and to the absence of facilities for bringing her varied pro- ductions to tho matkets of the world, A scanty popu. lation means for us a scanty treasury and con quently slow development of our natural resources, Perbaps this condition of things is wholly due to tho fact that Costa Rica is practically a terra incognita to the rest of the world, bat it is also a reason why, through the medium of the New York Heratp, our position as a State shoulda be made known, A DESCRIPTION OF CosTA HICA, In giving the readers of tho Heratp a scription of tho condition of Costa Rica, and reciting ber claims to the notico of the American people as a State in which Vast wealth lies fallow, awaiting the hand of the en- terprising and energetic people of all countries, it is neobssary to enter somewhat into details which will of themselves prove very interesting. The Republic ot Costa Rica is situated on the narrow strip of territory which connects (he two great continents of the New World. It lies between 8 deg. and 11 deg. 21 min, north latitude, and between 82 deg. 20 min. and 85 deg. 46 min, west longitude from Groonwich. Its topo- graphical features are peculiar. Tne mountain system centres at 10 deg. north latitude and 84 deg. west longi, tude, in the very middie of the Republic and runs into high ridges in overy direction, Tie principal chain of mountains lies southeastorly and has sevoral lofty peaks, of which the following named are the princl- pal:—Turialba, 11,360 feet in height; U-jum, 9,600 feet; Irazu (volcano), 11,500 teet; Pico Blanco, or Ka. muk, 10,200 feet; Poas (volcano), 8,895 fect, aud the Rinron do Vieja (volcano), of which the height has not yet been ascertained. The ridges that lie parallel with the coust aro about 6,000 foet high and thirty miles in breadth, The rivers of Costa Rica are tho San Juan, which forms the boundary line between the State and Nica- ragua, the Rio Serrapiqui, the Rio Keventazon, the Rio Focuare, the Rio San Carlos and tho Rio Sucio, Tbe country is bounti‘ully supplied with water by in- numerablo streams tributary to the rivers above named, and which intersect the State in every direc? tion, As the divide of the watershed ia situated in the centro of the State the rivers flow in about equal pro_ portion toward tho Atlantic and Pacific oceans. During the period of beavy rains in the mouatain regions the rivers rise very rapidly, and the floods descend with immense violence, tearing away all obstructions in their downward course. It is not unusual to sce bowlders weighing trom eight to twelve tons being whirlea rapidly down the streams, Last spring the Matina River rose twenty-eight feet in six hours and swept away the railroad bridgo, a strong and very heavy structure built of piles and guarded by large wooden fenders running far up stream. It could not, however, withstand tne battering force of wall a dozen trees, cach about seventy-five feet jong, which were whirled against it at a velocity equal to fiteen miles per hour, There isa considerable difference between the cit- Matic conditions of the Atlantic and Pacific slopes of Costa Rica. The latter commences to rise rapidly trom the coast line, whilo on the former one has to travel over twenty wiles inland to gain a few huadred feet of elevation over the sea level. The swamps formed in this flat region are tie chief sour ness. At the present writing ten men have twenty and a great many have leit the cousequence of this the ratlroad shops are men cannot be procured for any money to work in them, ulthough mechanics are paid from $150 to $200 per month. CITIES AND PORTS. Costa Riea has very few cities or towns that can as- pire to that digniiy. ‘Tho iargest is Cartugo, tne former capital ‘The next in size is Sau Jose, the pres- ent seat of the government, and then follows Alajucia, ‘The estimated populations of these cities are 30,000, 20,000 and 7,000, respectively. There are two poris of entry, Port Limon and Punta Arenes, the former being’a free port. The duties onall ciasses of imported “goods, particularly American, are very high, and the postal rates are uiso heavy. boing twenty-five cents for | every half ounco of mail matter, although the distaneo it is carried ts only forty-eight miles, RAILROAD PROJECTS, In 1865 the government of Don Jesus Jimenez sec- | ing the uniortuoate situation of the country with re- gard to transportation, and the oases sustained by tho producing population by reason of the avsence of any adequate outlets for commerce, imitiated different schemes for improvement iu this respect, but did not succeed in accomplishing anything. Anotuer effort was made in the same direction vy the administration of 1868, but a similar {ite attended it, und 1t was pow anti the administration of Don Tomas Guardia that work was really commenced to eut a path to eiviliza- tion from the mountain wnd forest guarded tuterior to the sea, In this manner the Costa Rica Railroad was begun, part o h 18 NOW in Operation wanda part only surveyed, FINANCIAL NEGOTIATIONS. In May, 1871, Costa Kiea signed a loan contract for £500,000 at seventy-two per cent net, bearing imterest at the rate of six percent per anuam, in October of the same Year another contract was signed for a further sum of £500,000 at seventy-iour per cent net Again in 1872, fuii of enthusiasm for her railroad and other improvements, she threw herself again on the Euglish money market and solicited another loan of ‘2,400,000, but succeeded only in getting one of £2,226,500 at eighty-two per cent net. But her bank account thus created did not bring her that good { been reasonably expected, The r of Finance deposited the rf & Co, of London, with had = previous transactions, The firm was clothed with power durme thirty days alter the award of the bends to repurchase m the market with funds alreagy realized tho bonds it thought necersury for maintaining the price on Change, Erlanger & Co., however, charged to the account of Costa Kica the enormous sum of £1,426,500 in repurchased bonds—that 1s, the specie that was in and came into their bands to cover the drafts of Costa Rica was again converted into paper. Thus it wil be seen that Costa Rica’s financial nego- tations were complete failures, the sums received and invested in the railroad amcunting only to twenty-six percent ol the entire joan obtained. In June, 187: Erlanger & Co. protested drafts drawa on them by Costa Rica to the amount of £82,000, thereby com pletely ruining the credit‘of the Republic both in« ternally and abroad. Out of theso provesis has grown Chancery now pending. has pended the paymont of inte the Joans until legal decision on the qnestion al can be arrived at, and now uses her surplus revenue to support the railroad for which jull responsibility, tT 4 The section of the Costa Rica ratiroad actually in construction oxtends from Port Limon to Alajuela, Yort Limon is situated in 10 deg. north Jatitude and 83 deg. 4 min. west longitude, and forms nearly a semi- cirele of about 3,500 yards radius. The port is open to Uantic on the south-southeast. Although it pos- 8 {ow advantages as regards anchorage accommo jon to Attract large vessels for small craft it ts i protected from the dangerous northeast storms which Irequentiy visit this coast. The population of about 1,000—consists principally of colored people from Jamaica, but there are aiso some natives and Chinese, ‘There are only six whites resident thero at present. During the spring there were thirty, but fever and dysentery have reduced the number to that given above within five weeks, little town of about nce it traverses the where the finished t runs to Matina, 250 inhabitants (colored). country to the Madre de Dies Riv: track ends, the whole length of hoe from Port Limon being thirty-two miles m the Madre de Dios the work is being pushed forward by Messrs. Ku contractors; but progress is very slow, us the government cannot spare <p oney just now for its more rapid prosecuti it has been the beliet of the peo} here that on the re- turn o! Don Tomas Guardia this month the pecessal fands would be more regularly providea for thi important work, but faancial difficulties conti to embarrass the administration, and the country is yes on the apxious Seat regarding the future of the road From the Madre doe Dios the line ruos to Siquiris and thence into tbe Reventazan Valley, following the right benk of the river for about fiteen miles to Piedras de Fuego, where it crosses t tream ana turns into the valley of Turiatba to Angustura’ From this point it winds through the mountains and valleys to Cartago, Hero again the ratlroad 1s met in running order, and a train can be taken to San Jose or Alajuela The road is in good order, but the grades are extremely stcep, sometimes equal to five feet to 100, and the curves s¢ sharp and frequent that a run over them reminds on¢ of that famous farm fence 19 Obio, which was s¢ crooked that, no matter where a hog went through it, he always found himself on the same side of the bar. rier, The distance from Cartago to the capital by rat) is fifteen miles. THE CAMTAL OF COSTA RICA. San Jose is quite a nice town to look at from a dis tance and makes 4 pretty picture, but a short resi- dence in itsoon causes the dwelier to lose all sense of the picturesque. All the houses are one story bigh, in consequence of the dangerous proximity of the volcano Trazu, a mountain that always looks ready to get sick and “heave up.” Cartago would euffer most trom ap eruption, but the earthquakes that attend that Phenomenon would soon bring things together so that e could tell two from one, The people of Sax and Cartago are very kind and peaceable but have y little to say to foreigners, the (machos) mulos at they call them. This feeling was caused, howev the misconduct ot the early arrtvals from abroad, whe did no credit to their respective countries. THY PACIVIC SECTION. The length of railroad in working order on the Pa- cifie slope ts about thirty miles, the western terminus boing Alajuela, The last named town ut a collec- tion of smali dwellings, with a few stores principally devoted to the sale of liquor. The survey ‘or the ling to Punia Arcnas has becn completed, but itis believed that all work on the road will soon be stopped on ac- count of the lack of funds. SOIL AND PRODUCTION OF COSTA RICA, The soil of this Republic is productive for tho most 2 part. Itis light and loose, and evidently of volcanio origin. From the coast line on Loth oceans toa height of 2,500 to 3,000 feet every Kind of tropical fratt ta found and easily cultivate At a higher ele. vation in tho open valleys, which extend from many parts of the mountain chain betore Teterred 0, sugar cane, tobacco, potatoes, maize and corn are produced in their greatest perfection. But tho pride of the country, as weil as the chief ar- ticle of exportation, is coffee. This article takes the first rank in European markets and is of the finest quality known to commerce. Various kinds of valaa- bie woods are abundant io the State, mahoguny, cedar, &e., particulariy. The miperal resources are be- lieved to ve very rich, but owing to the diflcuities of transportation scarcely anything bas been done toward developing thom; in fact, this question of transportation overshadows all others, Without a railroad Costa Rica can be regarded as one of the poorest countries inthe world. With a railroad the country cannot fatl in a few years to become one of the richest parts of the habitable globe, RACING IN ENGLAND. ‘We give below the report of the race for the Great Shropshire Handicup, a8, Ifthe timo reported be cor. rect, it was tho fastest race that ever took place. The mile is said to havo been run, according to Benson's chronograph, in one minute and thirty-five seconds: — The Great Suxorsaire Haxpicar ot 500 sovs., added to u sweepstakes of 25 sova. each, 15 ft. ; winners extra, New straight mnie. 39 subs, Lord Howe's b. c. Tetrarch, by Mogador—Parma, 3 years, 5 st. 12 Ibs. seceeeee(W, Macdonald) 2 Count F. de Lagrange’s ch. f. Lina, 8 years, 7 st. 0 ibs, (ine. 6 Ibs, extra). teseeseereceses(Morboy) 2 Mr. H. Bird’s b. o, The Ghost, 4 yonrs, 7 8t. 9 lbs : 3 qa q . . Archer) @ Mr. F. Grotton’s Pageant, 5 years, 7 st. 7 Ibs, (Newhouse) @ Mr. Gerard’s Claremont, 4 years, 7 st 5 Ibs. ‘ C, Archer) @ Mr. E. Potter’s Newport, 3 years, 7 st. 2 Ibs. (F. Jeflery) 0 Sir G Chetwynd’s Cat’s Eye, 4 years, 7 st. 1 1b. (ine, 10 Ibs. extra)......--+ Chesterman) 0 Mr. C. Perkins’ Hieroglyphic, 4 at..(Fagan) 0 Mr. T. Avsley’s Water Lily, 3 years, 6 st, 12 lbs, (J. Macdonald) © Mr. G. E. Paget’s Roehampton, 3 years, 6 st. 6 Ibs, (Morgan) @ Lord Bradford's Euxine, 3 yearg, 5 st. 13 lbs. (Hopkins) Botting—100 to 30 against Vetrarch, 6 to 1 against Cerruleus, 7 10 Leach against Cat’s Eye and Lord Gow. ran, 100 to 8 each against Ghost and Hieroglyphic, 2¢ to I each against Pageant, Hopbloom, Claremont, Roo- hampton and Euxine, 25 to 1 against Lina and 33 to 1 against Newport. Daring the interval of one hour after the previous race no time was Jost, and at the appointed moment the fourteen runners drew up in line at the starting post. The flag fell nt the first attempt, The Ghost and Lord Gowran showing in advance of the others; but after going 100 yards the heavy weight was pulled back, and Tetrarch, with Hopbiddm, waited on Tho Ghost, who was uext the rails, Lora Gowran being tn the centre, while Cat’s Eye, Ueruleus, Newport and Claremont were racing together om the extreme right. Before a quarter of a mile bad been covered Hopvioom retired and Tetrarch wei Eye, coruleus and Lord Gowran, with Euxi wide on the whip hand next and foliowing in the contre, On entering the straight Tetrarch drow clear of nis horses, and on the retirement of Lord Gowri nd Cosraleus below the distance I joined Ghoi «i Cut’s Eye, wha were the immediate foliowers of Tetrarch. Opposi¢ the stand Lina got the best of Ghost and Cat's Eyo, but Tetrarch maintained bis advantage finish, and won by a length; a bead dtvided Li nd Ghost, who was a similar distance in front of Cat’s Eye, the iatter of whom was placed fourth. Then came Lord Gowran, who was filth; Newport being sixth. Clare- mont seventh, Kuxine jth, Hopbioom niath and Roebampton and Pageant next; then came Corulcus and Hieroglyphic. Water Lily did not pars the post. Value 4 the stake, £1,200, Time, by Benson’s chrono- graph, 1:35. Tetrarct) originally ran as the property of Tom Brown, the Graham Place trainer, and ii was the fifth attempt that be won a selling raco tor him, This was at the Newmarket first October meeting, twelve months ago, when Captain Machell bought him for 165 guineas, but let him go at tho Liverpool Meeting for 165 guineas alter be had won the Gerard Stakes, the purchaser potag hit present trainer, who sold him pris vately to Lord Howe, one of li nea atter the colt had won the i’rincess of Wale: lancicap at Sandown Park this yoar. He subsequently ran second to Mait- Jand for the Eton Handicap at Windsor, and occupied alike position to Oxonian in the Stewards’ Cup at Liverpool last week. He 1s a very good ie epee and a well-bred one, for bis sire, Mogador, who was foaled in 1860, isa son of King Tom and Moonsbine, his dam isown sister to that smart mare Mo- . veing by Parmesan out of Archoress, Tetrarcl”™ is the first foal of Parma, who muat vot be contounded with another mare of the same name bred by Mr. Naylor. FLEETWOOD PARK. Notwithstanding the heaviness of the track at Fleetwood Park yesterday afternoon the match an- nounced to come off between Thomas Walker's bay gelding Frank and John McGuire’s bay gelding Sweot- briar was trotted, and Frank scored a victory after four heats, The tollowing isa #UMMARY. Firetwoop Park—lxorrinc—Weoxespay, Nov. 20.—Match tor $200, mile heats, best three in five, harness. ‘Thos, Walker's b, g. Frank.. Jobn McGuire's b. g. Sweetbru First heat Second he ally 22 49 ‘The match’ ior $200, wile heats, best three in five, between William E. Week's sorrel gelding Sorrel J i harness) and John Murphy’s roan gelding Fro¢e ‘yler (to wagon) Was postponed on account of the heaviness of the track unt! to-day at two o’ciock P. M ‘SALE OF RACE HORSES, Mr. Joseph Donohup sold, through Messrs. Barkoi & Son, at their auction mart, Thirty-ninth stroet anc Broadway, yesterday, his stud of race horses, The following is the’ list of horses sold and the prices they Huckleberry, $225; Spindrift, $1: ; 200; Pastor, $45 $165; Mote Garow, $74. Bust tue Biue three yeurs ago at heats race, tho second mile of which he made in 1:45, was withdrawn in consequence of oo bids The attendance of sporting men w: all, RAILROAD MURDERS DENOUNCED. The Germans of Newark have vigorously revived the agitation against the unnecessary and shameless slaughter of human lives by the railroads at the cross Ings of macn used thoroughfares within the city limits, In a preamble and resolutions adopted by them they speak of several lives having been lost lately ‘on raii- roads 1m tho cily it # comparatively 81 ByAco of time, through criminal carclessness on the part of the rail Protect ot ott aad salary: nly remind, the Council and tho peaple. “st Otto Rust, a much respected citizen of ward, who was killed, if oot murdered, on the Vania Ratirond on the 12h day ot Veber, 1876.” ‘They therefore demand shat the Council shall Proper steps to compel the railroad companies to provide se- curities at the various crossings, Petitions are to be circulated for signatures throughout the city,