The New York Herald Newspaper, December 12, 1876, Page 8

8 THE COURTS. From State to Federal Juris- diction. THE RIGHT OF BANKERS’ LIENS Severe Arraignment of an Unlov- ing Wife. THAT “TEAPOT” MEDIUM. Cashier Taintor’s Financial Oper. ations, A caso which cannot fail to be of unusual intere not only to members of the bar, but also to banke and those having financial relations with banks, was submitted on bricfs yesterday to Judge Wallace, of the United States Circuit Court, for his decision. The facts are briefly as follows:—A note of the Brooklyn and Newtown Railroad Company, indorsed by Palmer & Co., for $5,000, had been placed by the company with Hutchinson & Ingersoll, note brokers, for sale or discount, Instead of selling it they hypothecated !t with other notes ut the National Bank of the Republic as security for a loan of $26,000, Bubseqnently Hutchinson & Ingersoll borrowed ofthe bank $10,000 upon another lot of collaterals. The railroad company had various transactions with Hutchinson & Ingersoll, resulting in a balance due from the railroad company to the firm of $601 This amount they offered to the frm and demanded back their note, Finding that it had been bypothecated with the bank they tendered tho same amount to it and made a similar demand. Aiterward the $36,000 loan was paid off, and the bank, claiming a banker's lien upon the note for the amount due on tho $10,000 Joan, sued Palmer & Co., the indorsers, for tho whole amount. They offered to pay the $601, with interest, but the offer was refused, The suit was brought in the Supreme Court of the State, in this district, and was relerred to Hon, Murray Hoffman, formerly a Judge of the &rperior Court. He decided that the bank could recover only the $601 upon the note, and judgment for that amount was duly catered and paid The bank then brought suit against the railroad com. pany upon the same note in the United States Circuit Court, upon the supposition that the current of decis- in the federal courts upon bankers’ liens was ent irom that of the State courts, ‘he company ded againstthe bank Mm the Siate had noi pealed from that decision, vut had accepted the money awarded them by it, and should not be permitted to try their luck a second time by bringing asuitin a United § court. In the points submitted on beball ofthe bank by Mr. Thomas H, fouman, counsel, his chief reliance was based upon the th ecovery against one party is no bar {up by another and discoanected party; ple is that a man shail be heard before ed; that estoppels must be mutual; inat inst the indorser in favor of plainutf wot bind the defendant, apd consequently a nt against the plaintiff in favor of the indorser would not bind the piainufy, and that partial payment isnot asatistaction, He also argued that under the decisions of the United States courts the plaints had od cause of section for the entire amount of the uote, In a very extended brief, in which he cites nearly sixty authorities, Mr. Dudley Field combats the theory thus presented on behalf of the bauk, He says the privciple invoked on the plaintifis? behalf is the correct one, but asserts that he (plaintift) has been heard aud has been condemned. He should not be permitied, when an appeal is open to him inthe State court, to seek in this manner to get the benefit ofan appeal. In all the eases cited by plamtlt, Le con- tenas, the defendants were not restricted iu their de- fence and were pot privies, In this case they were privies. The company was the maker, its president and financial agent wero the indorsers, neither got any ‘ation tor the note, and there was no liability Lofeither, except ior the supposed equity of the plaintiff. There js little doubt that the first judg- ment (had it been favorable to the plaintifis apd not collected) would have been insisted upon in this ac- and that it would bave been beld conclusive under the circumstances. He docs not dispute that partial payment by one party is uo defence to an action for the balance against another party; but here there Was ho partial payment; it wasa payment in full of the entire amount that was decided to be due tho plaintils trom any and all parties upon the note, Itis no fault of the delandans that there 18 no case pre- cisely analogous in the books, That is due to the fact that we have a double system of judiciary, and that no one has ever before thoaght of appealing to both upon what is substantially the same case, after judgment, ex- cept by a removal uuder certain late statuies. Uf there is no precedent it is respectiully submitted that this i the Lime aud the occasion to make one. Mr. Field then argues at great length that this is substanually the saine action as that decided in the State Court, and that plaintiffs did nut occupy the relation of bankers to Palmer & Co., 80 as to give them (plaintifs) a banker's lien on the note for a general balance, He concludes his brief by urging that plainufis cannot recover for the additional reasons that Liatcuison had no right to pledge the note, a tact with notics of which they are chargeable; and that the courts of the United States are bound by the de- cisions of the courts of the State, unless the question is one arising under the constitution or laws of the United States. The case is one which excites more than ordinary interest among members ot the Bar, vankers and financial ily, and opinion of Judge Wallace will be eagerly looked for as deciding a yet unsettled question in remuion to bankers’ lens, as well as the right to what i8 regarded as an unpre: cedented mode of appeal trom State to federal juris- diction, “MORE © pripel NNED AGAINST SINNING.” In a civorge suit, pending in the Court of Common Pleas, yetween Adelaide Altman and her husband, Ignatz Allman, on the ground of cruel and inbuman treat ment ot his wife by the latter, an application was eto Judge Van Hoesen, on the part of the wife, n allowance of alizsony and a counsel fee. In an oudered by the Judge yesterday, denying the application of the wife, he sums up the statements contamed in the aflidayits used on the motion in a THAN manner somewhat uncomplimentary to the woman. *t donot believe that a less meritorious application for alimon. s ever made, If the evi- dence upon the trial shall establish the facts alleged in the ailidavits the complaint will certainly be dig- fhe defendant seems to be a man more sinned nosinuin allidavits show hum to be nd gMectovate disposition, much more kely to sutler wrong from than to do'wrong to his wile. ‘They show furthermore that the wife was in the pablicly insulting him ana of repelling his “git joubt that she is lacking in eges that on the 1th day of nUy strock ber without cause Welendant positively denies, and | give tdenial, The aflidaviis satisty me that the plamtif! bas acted frow the first, and 1s now acting, In pursuance of a fixed determination not to pertorm ber duties as awife, She bas avowed her intention to live apart from ber husband and to compel him to pay her alimony, She abandoned her husiand’s home without cause or excuse. While iving with him she applied to him such epithets as liar and common dog She neglected him in sickness. On the other hand the defendant is shown to nave been atien- tive and considerate, At the boarding house he prom- ised grotuities to the servants for their special service to his wife. He brought homo fruits and delicacies to her, He bore in silence ver railings and insults Under circumstances like these it would be putting a premium upon auwilely conduct to allow the plaintitt alimony."’ baint of or pro Dk. FLING'S TEAPOT. The apparently inexhaustible teapot of “Dr.” Flint was again present in Supreme Court, Chambers, ye: terday, sending its necromancing steam whistling ines sages of erious import ander the judicial nose, It was expected that Judge Brady wourd render ad cision on the Doctor’s application to be released from imprisonment, The Doctor 1s imprisoned for con- tempt of court in not paying alimony awarded his wife, and asked to be released on the ground that by reason of his ppverty he was unable to comply with the order ot the Court, Judge Brady said ho was of the impression that threo other judges had previously passed upon the same question submitted to him, jut, however that might be, and however harsh might be the law which held a man imprisoned for contempt for not paying movey he was unable to pay, such seemed to be the effect of the decisions, aud he could not go back of them. Ilo would be glad to bo retorred to some autnor- ity which would justily bim in setting the man tree under the circumstances, Mr. George W. Wilson, counsel for the prisoner, said he thougnt be could tnd such authority, and asked #n adjourn. mont for that purpose, Even the counsel for Mrs. Flint, Who so unrelontingly holds the Doctor under legal’ restraint, seemed balf inclined to consent io a | reiease, and informed the vourt that he would co: bis client as to the necessity of further insist, defendant's imprisonment, He admitted, in eflect, the the imprisonment bud heretofore been ins prineipatly because the detenda 1o malign the repuiation of pia nut. wish of both si ment, Judye Lraty concurred, saying he, 100, was tired of the care, und, indeed, the desire of all seemed to be that the Doctor might be able to appeal to his teapot In the parent sto terminate the Doctor's in:priton- NEW YORK HERALD, TUESDAY. ever fromthe precincts of the halls of justice, The atter Wes put over for a few days, TAINTOR'’S DEFALCATION. The defaleation of Frank L. Taintor, formerly Cashier of the Atlantic National Bank, is al- ready quite familiar to the readers of the Hxa.p. Out of it a pumber of suits have grown, several of which have been already tried and reported, Another of this class, which has been on trial before Judge Lawrence, in the Supremo Court, for several days past, was submitted to tne jury yosterday and a sealed verdict ordered. The suit was brought by the Guardian Mutua! Lite Insurance Company to recover the amount of a loan of $50,000, or in ijeu thereot, the par value of government bonds to thesame amount. The test.mony taken tended to throw no light on the general features of ‘Taintor’s transactions beyond that sicay known, As to the immediate circumstances which led to the present suit, 1t ap- peared that Taintor, while cashier of the bank, bor- Towed the $50,000 in suit, leaving in pledge as eoliateral the $50,000 iu bonds, also in suit, Subsequently Taintor asked the Insurance company to deposit the bonds in the bank for the purpose of assisting im some bond exchanges, The company consented, aud when Tain- tor’s crash came it was found the bonds had been suld by him. The defence of the vank vow js, thatthe transaction was made with Taintor individually, and not with the bank, aud that the latter is not responsi- blo. Judge Lawrence, in charging the jury, instructed them that if they believed the testimory given to the effect that after Paintor’s embarrassment bad become known the president of the bank stated that he (Taintor) acted tor the bank, then they should finda verdict for plaintiff. MR. BEECHER’S LITIGATIONS. The Victory Webb Printing and Folding Machine Manufacturing Company, of England, have broughta suit against Henry Ward Beecher and the other trus- tees of the Christian Union Publishing Company to recover $50,000 on account of damages for alleged nonfajfilment of a contract in 1872 to purchaso a printipg machine from the plaintiffs, The com- piaint alleges tnat the defendants afterward em- ployed plaints to make sundry alterations in the ma- chine, which, on account of complication, Was not finished until’ December, 1875; that their incorpora- tion expired in September, 1874, bat that the company Was immediately reorganized by the same trustees, as shown by the certificates filed in the County Clerk’s oflice; that the company assumed the contracts of tho old company, and continued the correspondence with the plaintiffs about the purchase; that aiter considerable letter writing the inachinery, which, with the additions, was to cost £5,750, was shipped to New York, and that they put up the machine, pad the expense of transportation and all other necessa ; that the machine, for some reason, did not suit, and was returned to plat tills’ agent, with the understanding that the plaintit!s should not waive any claim tor damages; that the ma- Chine 1s adapted to the purposes sold for and is vaiue- less for any other purpose, and they fivally demanded 50,000. The detendants made application a few days’ since, before Judge Lawrence, to compel the plaintiffs of a foreign corporation to file security for costs Judge Lawrence yesterday gave decision, denying the applicauion, but without costs, SUMMARY OF LAW CASES. James Darnsuth was arrested yesterday by Deputy United States Marskal Newcome on a charge of being connected with the illicit distiliery on Forty-first street seized by the infernal revenue officers last week. The accused was admitted to bail in $7,500 to await ex. amination, Cyrus’ F. Cook bas sued the Kentucky Cash Distri- bution Company tor $16,300 40, being a balance of $32,035 40, tor advertising the defendants’ scheme, An attachment was granted against the company yes terday as a foreign corporation, ‘Tuo motion for a preliminary injunction against the Gilbert Elevated Railway Company, enjoining the company from extending the railway on South Fifth avenuo und West Broadway, on the property of Hut- ton & Anderson, was argued yesterday belore Judye Johnstone, im the United States Court, The Judge took the papers. The case of Joseph Ross against Robert Finan, al- ready twice tried, was puton trial for the third time before Chief Justice Shea and # jury im the Marine Court yesterday, Tho case is of mach impertance to parties contracting with builders for the erection of will undoubtedly occupy a couple ot di ran Stevens, deceased, advanced to a Mr. Dixon $24,000 jor horses and carriages, which be ine vended to buy, Mr, Dixon gave bim $16,200 worth of | horses, and Mfr, Stevens sent them back to be sold on hiseccount. The executors have brought suit for an accounting of the sales and Jor the balance of the $24,000. The case was on trial yesterday betore Judge Sedgwick in the Superior Court, the defence being that somo of the horses died and others became almost worthless from defective stabling, and that de- fendant has claims against Mr. Stevens suflicientto offset the balance. Profezsor Anthony Hague, the well known scientist, who was arrested ou Saturday night last, on a charge preferred by Frederick J. Mansfield, a’ druggist on Fourth avenue, of passing a counterfeit twenty-coliar ‘Treasury note on 24th November tast, was yesterday taken before Commissiover Shields for examination. Alter hearing all the evidence that could be acduced in support of the charge the Commuesioner discharged the accused on his own recognizance and adjourned se until Wednesday next, The delence is agen. al denial, the Prolessor treating the charge as one casily reiuted, and, as ho alleges, one got up with in tent to blackmail him. The particulars of the suit of “General” Abraham Greenthal to be reinstated in the Congregation Bett Israel Bikar Sholim have already been given, The plaintiff, 1t will be remembered, was convicted of grand larceny in the Court of General Sessions and sent to State Prison, tor which he was expelied. Judge Van Brunt, before whom the argument was heard yester- day, rendered a decision denying the application. He ho.ds that tt would be unjust to compel the congrega- tion to associate With a man who had been convicted of felony. Paitick Hughes brought a suit against Mary Hughes and others, claiming that she had detrauded him by depositing his money, which he had gtven her in trust, in the bank to her own credit, Ho sought to enjoim the Greenwich Savings Bank andthe Emigrant Industrial Savings Bank trom paying the moneys to her or any one else. Judge Van Brant de- 8 that what is lettof the Greenwich Bank deposit must be refunded to him, but says the evidence 1s not eufficiout to establish a claim tothe money in the othor institution, Edward Burke paid ap assessment on property in a case jn which the assessment had already been va- cated, but of which vacation both be ana the ollicials seem to have been ignorant, He then brought suit to recover trom the etty the amount he had thus paid, Tbe city demurred to the complaint, taking the groand that the payment by plait! was voluntary, and be could noi, therefore, recover the amount back, tordwy Judge Van Hoesen, in Common Pie Term, velore whom the demurrer was argued, ren- dored a decision overruling it, und holding the payment made by Burke not to have been a voluntary pay- ment in the legal acceptatioa of that term, but a pay- inent under a mistake of facts, and such payments may ve recovered back, DECISIONS. SUPREME COURT—CHAMBERS. By Judge Brady. Motion granted. Opinton. —Granted. Opinion. Bresler vs, Valkenning.—Motion denied, Opinion. Garbutt vs Angell,—Motion denied. dum. Dury Divorce granted. Eiliwghansen vs, Leask. —D. Matter of Cburchward.—A reierence is necessary in this case. Grauam vs, Bell and Luddington vs. Slosson,—Mem- orandums. Matter of a new street parallel to 155th street of vs, Rossint A, Dovisin; Burnes vs. Burnes, | y & Scott vs, Ihe Great Western in- | —Grunted, By Judge Lawrence, Matter of McGrath; matter of MeLoay; matter of Case; matter of Gildersteeve; matter of Durkin; mat- ter of Gardner, and matter of Wallace. —Motions granted. Memorandums. Barker va Valwer.—In thiscase 1 desire a cortii- nt by the referee, ewton,--Motion for leave to discon- n is denied, Tho motion to vacate the assess- ust be denied) Memorandum, r of the American Hand Pegging Machine -The case of Gardiner vs, Tyver (4 ADL, N. does not reler to receiver's appuintment unde atute Upon a distoiution of corporation, Whether voluntary or ina hostile proceeding, and Lagain call the altention of counsel to the quesuons asked in we memoraudui previously filed, Muldoon vs. Piers, —The motion to punish Anthony Pierz tor contempt is denied. Memorandum, Matter of toe Second Baptist church; matter of the Congregation Stiauri Zedek; matter of the Central Bap- | tchurch, and matter of the Hebrew Benevolent So- ety. Motions to Vacate assessments denied, Memu- See memoran- | surance C tinue this ac Matier of O'H | randums. Fairchild va, Fairehiid et ai, —Order granted, Buling vs, Bebrie.—Memoranaum for counsel, { Tappan vs. Castro. e referee should, | think, ac- copt the proposition mave by the Chamberlain, Matter of Halberstadt, —Motions to vacate orders do- nied without costs Memorandum, ter of MeCoskey,—The motion to vacate the as- soasinent 1s granted as to lots Nos 7, 8,0 and 30, and denied as to lots Nos, Ck Hillier va Linquert.—Reterred to William B, Win- terion, Memorandum, Foloy vs. Rathbone,—The motion for an allowance toMr. Havens denied; no costs, Memorandum Foley va Rathbohe.—Motion denied; Memorandum. Matier of Rose, &e,—Motion denied, Memorandum, Coles vs. Cole&—I eutertain much doubt as to the | propriety of confirming this report, and desire thut counsel furnish a brief In support of the application. Mater of Hendricks, &c.-——When the date, whieh 1s Jeft blank in this order, 18 Bled in] will sign the order, rlo vs, Hoffman.—Motion to strike out answer de- n the authority ot Wayland vs. Tysen, 45, N. Y, hompson vs, ihe Erie Rualway Company. auswer must b H The People ex rel. Catholic Total Abs Memorancum, Ryerson vs, Branuigan.—The plaintiffs appear to b | gher vs. St Anthony Roman | ence Society,—Motion denied, have been guilty of laches, but inasmuch ag the judg- ment Was not entered and the motion for the allowance for some legal auc peaceiul mode of removing \t for- | was not made by the defendant until three yours alter the case had been decided against the plaintiff on the demurrer to the complaint, and, as one year bas not elapsed ve, fo actual entry of the judgment, the Plaintiff should have av opportunity of presenting such case ashe may have to the Court, The defauit will therefore be opened on condition that the plaintiff within five days ey, all costs ordered by the 8; Term to be paid om sustaining the defendant demurrer, that he also pay within the same time all further costs and disbursements of the action up to the present time, that the judgment Stand as security that short notice be accepted for the January term, & @ case at the defendant's election be placed ou the calendar for term, short notice uccepted, and thatthe defendant stipulate to try the case when first reached, and that he also pay $10 Costs of motion. Murphy vs Moses, —I seo no objections to conferring upon the receiver the power to sell as prayed for io his petition, The order of October 28, 1876, which I m askea to amend, h>s not been handed in, and I can- not pass upon the propriety of the amendment without having the order before me. Alden vs Chamberlain.—The proposed order has been held by me under the impression that some ameudments were to be proposed by the plaintifl’s counrel. None having been proposed I havo signed the order, If there is any misapprehension on the part of the Court or counsel it can be brought to my attention in a motion to resettle the order, Sibley vs, Staner.—Motion denied, without costs, and with leave to the bail to renew, on further affidavits, if they should be so advised, Memorandum, Koehler ys. Rosenstrouss.—Motion denied, without costs. Memorandum. Rosenthal vs. Dessau,—Motion denied, without costs. Memorandum. Yerkes vs. Simons.—Motion denied, with $10 cos: to plaintif, Memorandum, Wylie vs, Stilwell, Frederick R. Coudert appointed referee, Memorandum. ‘The Peopic, &c., vs. Wolff —Writ dismissed and pris- oner remanded, Memorandum. The Vietory Webb P. aud I. W. Manufacturing Com- pany va, Boecher.—Motion denied, without costs and with leave to the defendants to move that the plaintifls file a Vond in a larger amount. Memorandum, Weimore va, Bosiwick.—Motion denied, without costs. Memorandu Matter of the New York City Church and Missionary Society of the Methodist iscopal churen,—The prayer of the potitioner to vacate the assessment is granted, except as to assessments laid for opening of streets and avenues, Memorandum. Seymour ys. O’Connor,—Motion denied, without costs and with leave to renew after answer has been served, Memoranuuim, SUPREME COURT, CIRCUIT—PaRT 2, , By Judge Lawrence, Zasega vs, Worthington. ‘This case cannot be tled untilthe stepographic minutes have been sub- mitted and the amendments desired by the respon- dont have been marked upon the proposed case and go upon the minutes. Seo Rule 43, SUPREME COURT—SPECIAL TEBM. By Judge Van Vorst. O'Connor vs, The Mayor, &c.—Findings signed, Bruns, Jr,, vs. Boelm et al,—Decree sign! By Judge Barrett. Schwartz vs. Samuel et al.—Findings signed, Heath, Jr., vs. Hu'sert.—Order signed. Kidd and another vs. Packard.—Order settled and signed, Wy ood va. Amory.—Judgmeni for the defendant upon the demurrer, with costs, Memoraudum. Hicks vs. Martin, &c,—Cause set down peremptorily for trial at the bead of the day calendar Jor first Mon- day of February, 1877, upop payment of costs, Memorandum, SUPELIOR COURT—SPECIAL TERM, By Judge Sanford. Winn etal. vs, Crosby, assignee.—Order dismissing motion. Randall vs, Bremer.—Order appoing Edward G, Ferguson receiver, &c. Arnold etal, vs. Walton et al.—Substituted of summous and complaint ordered. ‘The Fire Association of Philadeiphia ya, Nichols et al. —Justification of suroties approved and undertaking allowed, Roberts vs. Lowden et al.—Order opening judgment And setting aside salo, &c. Smith vs, Smith.—Order granting motion. eweombe vs, Earle.—Order denying motion for Telerence, with $10 costs to defendant. Smith vs. Macdonald.—Motion granted, with $10 costs, Porter vs McGrath; Minaghan vs, Nicholas et al.; Grohan vs. Leddy; Havemeyer vs. Havemeyor et al. ; King vs. ‘Thurston et al.—Orders granted, By Chief Judge Curtis. Black, &c., vs. White.—Twenty-tlth amendment al- lowed as changed, fourteenth and ‘fifty-fifth amend. ments disaliowed in resottioment, By Judge Spelr. Marx ys. Schroeder,—Order dismissing complaint rvice granted, Order to be settled on notice. Grabam vs, Lyddys.—Oraer settled. Dawson ys. Burke.—The motion for a reference must be denied. Memorandum, Harper vs. Harper.—The motion must be denied, with costs. Memorandum COMMON PLEAS—-SPECIAL TERM, By Judge Van Hoesen. Burke va. The Mayor, &c.—Demurrer overruled. See opinion. Malcolm vs. Holmes.—Demurrer a1 costs, See opivion. Altman vs. Aliman,—Motion denied. Bruce vs. Burr,—See memorandum, By Judge Van Brunt. Lorey vs. Frankel.—see memorandum. Meyer vs. Potts.—Motion to dismiss complaint de- nied. Cause ordered to proceed before mo December 15 at half-past ten A. SI. Wallace vs. Underwood.—Order settled, COMMON PLEAS-—EQUITY TERM, By Judge-Van Brunt, Teal va, Innes.—Judgment specific performance. See opinion. Greenthal vs, Congregation Beth Isracl.—Plaintif’s case dismissed, with costs. See opinion, Hughes vs. Hughes,—See opiniou, MARINE COULT— CHAMBERS, By Judge McAdam. Cohn vs. Newburger; Visen vs. Barg.—Motions granted. Copeland vs, Crofutt.—Order settled and Bled. Freund vs, Sond; Heller ve. Anken.—See indorse- ment on papers. Robinson vs, Andrews; Hazard vs. Phelan; Schwarz ys. Oppold; DeForest vs. Wood; Cordts vs. Souren,— Motions granted. ‘Traitel vs, Abrens.—J. B. Lociewood appointed re- chiver, yained, with See opinion, Owen vs. Mullor.—Sureties approved. Russell vs, Richardson.—Attachinent granted, bail-* able in $500, Polbemus vs, Stewart. —Defendant defaulted, Whinson va Schilling. —The act of 1876 has nottaken away the power of this Court to issue an attachment against non-residents of the county. (See opinion in Baker vs. Shaw, liled November 27, 1876.) The mouon to vacato the attachment will therefore be dented, with $10 costa, Kloppenberg vs, Crane.—Dill of particulars of detend-* ant’s counterclaim must be furnished within thirty days or the defendant will be prectuded trom giving evidence thereof upon the trial, and §10 costs, to abide event. ’ McKeon ys, Tracy.—There being a dispute as to the identity of the person served, a relerenco will be or- dered. | See indorsement on papers, Harrison ys. Moore. —Arrest vacated, By Judge Goepp. Ostrander ys. Goldman, —Opinion, GENERAL SESSIONS—PART 1, Before Judge Sutherland. AITEMPTED BURGLARY, William Killian, of No. 324 East Fortieth streot, who said he was an honorary member of tne Osceola Club, whose rooms are over the liquor store of Join Kelly, of No, 627 First avenue, was indicted for having en- tered the premises and stolen wines and liquors a svort time since, The prisoner was found guilty and | sentenced to three years and six months in the State | Prison, ADULTERATED MILK. The cases of thirteen milk dealers, indicted tor aduiterating milk, Wereon the calendar of Part 1 of the Court of General Sessions yesterday. On motion of counsel for the accuse Judge Sutherland permitted the cases to yo over until Monday next, counsel tor detence not being prepared to go to trial STEALING A WATCH. Thomas Sullivan, a baker, of No, 314 Water street, pleaded guilty to stealing awatch from Henry Krayert, ot No. 118 Fourth street, on the night of the 3d inst, and w: ntewced by Judge Sutherland to two Years and siX months in State Prison, STEALING A DIAMOND PLN. James Carson was arraigned on the charge of stealing adiamond pin from Jacob Rice, on Sunday, the 26th ult. The complainant alleged that the detendant shoved against bim as he was about to leave a Third avenue car, and that he observed his hand in the act of taking ints property. ‘ihe jury found the prisouer guiity, and he was remanded tor sentence, GENERAL SESSIONS—PART 2 Before Judge Gildersieeve, KEEPING A DISORDERLY HOUSE, William Raebold, a German, ws indicted for keep. ing adisorderiy house at No, 143 Forsyth sircet, Several witneases, including tne police oflicer on post in that neighborhood, testified aa to the charactor of the premises and the class of persons who entered the lager beer saloon kept by the prisoner, Prisoner denied thatit tho resort ot ong but respectable persons. Hoe was detended by Mr. Kintzing, who ex- amined several witnesses as to the quict surroundings of the place in question, Atter an absence of nearly three loura the Jury returned a verdict of not guilty, and the prisoner was discharged, ALLEGED BIGaMY, A young wan, named Samuel C, Solomon, was in dicted on the eharge of bigamy, it being alleged that he married Charlotte Peck on June 6, 1867, at tho Jobnson strect Methodist Episcopal church, and that ‘ag algo joined in wedlock to Caroline G. Watts on jd of June, 1875, ‘She case is still on. COURT CALENDARS---PHIS DAY, Scrrexe Covrt—-Cuamasrs—ileld by Judge Brady.— Nos. 76, 88, 189, 153, 156, 165, 18%, 180, 199, 20, 247, 248, 262, 263, 257, 269, 273, ‘ Scrreax Cocrt—Geserat Ter¥.— Adjourned, Surmeux Covet—srecuy Teaaield by Judes Barrett.—Ni 187, x Ss 194, 412, aha” a Woe ost, 103, 1, 7 im Lg eo ‘ie ‘743, 741, 150, 759, 760, 761, 765, 767, 768, Surxeme Court, Cimcorr—Part 1—Held by Judge Donohue.—Nos, 1901, 191534, 2030, 862, 3709, 2301 237 $780, osssg, 2015, 2983) 92354, 3213, 2011, 695, 17! a 4049, 2786, 1963, 3948, 2091, 2611, 2513, 2517, 2521, 2527, 2541, 2543, 2545. Part 2—Held by Judge Law- rence.—Calendar same as published Part yerterday. 3—Hela by Judge Larremore.—Nos. 1967, 1611, 1985, 174134, 657, 1735, 154934, 1823, 9075, 2267, 2277, 2365, 278, 3679, 418, 419, 271, 2089, }, 427, 3841, 4048. Svrsrion Court—GENeRaL 1ERM—Held by Judges Curtis and Speir.—Nos. 21. Scrxxion Court—SrrciaL Texm—Held by He Saniord.—Nos. 13, 14, 34, 23, 8, 10, 18, 20, 21, 22, ), 41. Surerion Covet—Tria, Term—Part 1—Held by Judge Sedgwick,—Nos. 1/3, 250, 876, 407, 331, 417, 418, 435, 436, 455, 687, 399, 467, 468, 473, 827, 404, 410, 408, 426, 432, 437, 443, 474, 475, 476, 477, 478, 48034, 481, Common PLeas—Equity Tenu—Held by Judge Van Hoesen, —Nos. 5, 14, 22, Commox Pieas—TriaL Tenm—Part 1—Held by Judge C. P, Daly. —Nos. 714, 1014, 144, 593, 925, 868, 863, 706, 1018, 412, 932, 1010, $59, 909, 798, 803. Part 2—Heid by Juage Van Brunt,—Nos, 733, 1190 to 1215 inclusive. Part 2—Held by Judge Robinson. —Nos. 1021, 18, 1181, 1053, 1034, 1058, 1078, 900, 1109, 668, 827, 1216,’ 1218, 1219, 1220, Maxine Cocrt—Triq, Tera—Part 1—Held by Judge Shea. 1. 7928, 4468, 8685, 5215, 5151, S111, S603, 4856, 5262, 5292, 4820, S024, 5365,’ O293, 5936, Part 2—Hela by Judge Alker.—Nos, 5128, 5150, 5228, 5229, 5164, 5475, 5463, 5469, 5259, 1513, 5475, 5453, 5484, 5490, 5493. Part 3— Adjourned until to-morrow. Coury or GENERAL Sxssions—Part 1—Held by Judge Sutherland.—The People va. Joha Keuney, revbery; Same vs, Charles Fletcher, robbery; Same vs. William Richmond, rape; Same vs, Marin Lake, burglary; Same vs. James Ceary, burglary; Same va, Patrick Flynn and John Costello, burglary; Same vs. Edward Hayes, burgiary; Same va Jolin Grant, burglary; Samo vs Jobn Eagin, burglary; S»me’ vs. David MeKay and Joun O’Keele;” ‘Samo vs. Martha White, felonious assault and battery; Samo vs. ‘Bridget Walsh, grand larceny;/ Same vs. Mary Kane, graud larceny; Same va James Kelly and James Morrissey, grand larceny; Same vs. William Daly and Richard Supple, grand Jarceny; Same va. Jolin Donnelly and Michael Hag- gerty, assault and battery, art 2—Held by Judge Gilderaleevo.—The People va, John Lappia, robbery; Same vs. Frederick Kipp, felonious assault and pat tery; Same vs. John Brown, felonious assault and battery; Same vs. James Nugent, felonious assault and battery; Same vs. John Rielly, grand jarceny; Same vs, Ida Levy, grand larceny. COURT OF APPEALS, Avsayy, N, Y., Deo. 11, 1876. In the Court of Appeals to-day the following busi- ness was transacted :— No, 49. Smith vs. McKinney. No, 60. Smith vs. Kidd.—Argued together as one cause by M. H. Horschberg for appellant and C. F. Brown tor respondent. No. 35. Norton vs. Pattoc.—Argued by Samuel Hand for appellant and W. F, Cogswell for respondent, No. 9. Packer v vins.—Argued by Jerome Buck for appellant and 8. B. Higginbotam for respoudent. CALENDAK, CRUD UaNanK ja the calendar for Tuesday, December 1 “os. 90, 93, 94, 71, 67, 68, 70 and 81. THE VACANT PARK COMMISSION- ERSHIP. CORPORATION COUNSEL WHITNEY'S OPINION— MR. JOSEPH J. O'DONOHUE TO STEP DOWN AND ovr. By section 114 of the charter Mayor Wickham claimed last week that Park Commissioner Joseph J. O'Donohue vacated his office in serving us a Presidential elector, Mr. O’Donohuo agreed to this version of the law, but stands on the technicality that he has not “resigned,” preferring the more tender appellation of “vacated.’? Corporation Counsel Whitney has settled the matter finally, as tar as the law is concerned, by sending in the following opinion to Mayer Wickham ;— THE CORPORATION COUNSEL'S OPINION. « Law Departaest, Orricx ov Tax CouNsEL To THE ConroRATiON, New York, Dec. 7, 1876. Hon. Wituam H. Wicknam, Mayor, &c. :— Sir—l am in receipt of your communication of the 6th inst., in which you state you are informed that Joseph J. U'Donobue, heretofore appointed a member ol the Board of Commissioners governing the Depart- meot of Public Parks and holding that office, has, duripg his term of office, accepted, held aud still re- tainsthe office of an elector of President and Vico President of the United States, You cult my attention Lo the provision of section 114 of chapter 335 of the Laws of 1873, and requeat to be advised whether Mr. O'Donchue must be deemed to have vacated the office af a commissioner of the Department of Public Parke. Section 114 of the act referred to by you, being an act to reorganize tho Jocal government of tho city, Provides ag follows:—“Apy person holding office, whether by election or appointment, who shall, dure ing his term of office, accept, hold or retain any other civil cffice of honor, trust or emolument under tno government of the United States (except Commission- ers for (be taking of bat! or register of avy court) or of the States (except the office of rip? pubhie, or Com- missioner of Deeds, or otlicer of the National Guard), or who shail hold or accept any other office connected with the government ot the city of New York, or who shall accept a seat inthe Legislature, shall be a ed thereby to have vacated every oflice Leld by him uw the city government,” The Pepartment of Public Parks is one of the de- rtments in this city estaolished by sections 26 and of said act, and the Board baving the charge of such department was created by and now exists under sec- tion 84 of the same law. Mr. O'Dononue, theretore, held an office under tho city government. The oflice of Elector cf President and Vice Pr:sident of the United States 18 one created by aud existing under the statutes of this State, passed pursuant to the pro- visions of the constitution of the United States. (Ie- vised Statutes, 6th edition, pp, 449, nd 447 to 450; Constitution of the United States, articie 2, section 1.) Iu view of tho highly important duties devolved upon ihe Electoral College and the fact that the elec- tors who perform such duties ure entitied to the samo compensation as is allowed to members of the Legis- lature jor their attendance and travels, the oflice 18 undoubtedly one of honor, trurtand emolument, The provision of the act above quoted covers civil offices of this character, both ot the government of the United States and of the State. 101s therefore imma terial, 80 far #8 concerns my answer to the question submitted by you, whether an elector 1 strictly and exclusively a State officer or whether he must be re- garded as in part performing bis dutios under the gov- ernment of the Uniued States. in either view he comes directly within the provisions of the charter, and | therefore advise you that, upon the lacts stated ja your jetter, Mr, O’Donobue has vacated his oflice of member of the Board having charge of tho Departe ment of Pabite Parxs. 1 am, sir, yours respecitully, WILLIAM’ G. WHITNEY, Counsel to the Corporation. BOARD OF APPORTIONMENT. THIRD DISTRICT COURT HOUSE—PARK IM- PROVEMENT FUND STOCK AND KENT oF ARMORIES—THE ESTIMATES FoR 1877. A meeting of the Board of Apportionment was held in the Mayor's offico yesterday morning. Mayor Wickham, Coimptrolier Kelly and Tax Commissionor Whecier were present. Mr. Porter, one of the Com- missioners of the Third District Court House, asked for au appropriation of $50,000 to complete that st:uc- A communication was also received trom the Department asking for an issue of $ nprovement fund stock, The Jud park Court of General Sessions requested au appro to meet salary expenditures tor the mouths of ber and December et this year. Those re all reierred lor consideration to Comptroller Kelly. ‘Aresolution was adopted unihorizing Compiroller Kelly to issue tonds to the amount of $68,150, the | inoney to be used for payment of reut of armorios, Tho Board went into executive session during the afternoon upon the ost:mates for 1877. They wil! hold several additional sessions before the final voto 13 taken, THE GAS COMMISSION. OPENING BIDS FOR SUPPLYING Gas YOR 1877—AN INCREASE IN PRICE DEMANDED. A meeting of the Gas Commission, consisting of Mayor Wickiam, Comptroticr Kelly and Commis- sioner Campbell, was held yestorday in the City Hail, The following proposals for lighting the city lamps with gas during 1877 were opencd:— * New York Gas Company, districts south ot Grand street, $46 per lamp; Manhattan Gas Compauy, dis- tricts from Grand to Thirty-fourth street, $56; Mutual Gas Company, districts embracing portions of those of the New York, Manhattan and Metropolitan com- panies, $36; Metropolitan Gas Company, district be- tween Thirty-lourth and Seventy-ninth streets, $34; Harlem Gas Company, districts ‘north of Seventy: niuth Ktreet, $37 60. The New York aud Manhattan companies $13 per Jamp more than they receive from tho y at t, and tie Matual Compauy an increase‘ of $10 25." No awards have yet been made, The appropriation for this rior furnishing gas to the city amounts to $700,000, Should the increase in bids of the New York and Manhattan and Mutual companies be allowed it will be necessary for tue Board of Apportionment to appropriate $531,000 tor next year. MUNICIPAL NOTES. A special moeting of the Board of Aldermen was held yesterday afternoon, with Alderman Purroy in the chair, Nothing bat routine business was transacted, and the Board adjourned till Thursday next. City Chamberlain Tappan makes the following state- Ment of funds in his hands during the past week :— Balance November 29, | $2,746,886 97; receipts, $4,518,995 14; paymonts, $4,751,985 16; ‘balance De- cember 9, $2,478,806 96. Mayor-elect Smith Ely, javing resigned bis place as Col man trom the Seventh district, an election to dill the vacancy will be ordered ior the 2d af Janu- A BIG FIGHT DECEMBER 12, 1876—TRIPLE SHEET. next. The suceessor to Mr. Ely will only hold office until the 3do0f March. 1t is understood that Ex- Governor Seymour was tendered the nomination, but refused to accept on the ground of til health, Mr. RT Leal Paka aie Manes 8° fee Sieeanerenny nomination. COMPTROLLER KELLY. THE NEW DEPUTY SWORN IN—MORE CHANGES IN PROSPECT. Deputy Comptroller Ricbard A. Storrs was sworn into office yesterday before Mayor Wickham and imme- diately entered upon his new duties. No further changes have yet taken place, although !t is rumored that magy heads will faliin the basket within a jew days, Comptroller Kelly’s policy seems to be to make haste slowly, and when changes are made it {8 under- stood that none but efficient attachés will be a pointed, A rush of ail grades of politicians, from the election district runner to the ward statesman, is nfp- ifest daily around the Finance Department since the appointment of Mr. Kelly, Some of those enterprising gentiemen will be, doubtless, disappointed in their ex- ons of places, The new Comptroller, his say, will conduct the business of his office solely with an eye to itg thorough efliciency, irre- spective of political conside: ms. Such a public trust as the Comptroliersnip city, they contend, should not be run in the shape of a political machine, and Mr. Kelly possesses independens characterisiics which wiil insure ap jutelligeut and honert adminis- tration tor the next four years of that oflice, WILLIAM M. TWEED. HOW HIS CASE IS SHAPING—HIS QUARTERS IN LUDLOW STREET JAIL. The facts of bis delivery by the Spatish authorities stand merely as facts and are surrounded in mystery; the returz of Tweed is probably not more than an act of courtesy extended to the government of the United States by the Spanish government, and it may Be pay- ing off an Indebtedness owing us since Arguelles was spirited away from a New York hotel and sent bask to Spanish authority, about twelve yoars ago, secretly and quietly, and without direct warrant of extradition to back up the transaction. “WHAT ARK YOU GOING TO DO?’” This pet expression of the Boss appiles to the caso agit stands. There ia no difference in status of any of the procedures; he quictiy walked out from the barred doors of Ludiow street, and nobady as yet knows where be weut to alter his mysterious disap- pearance from the custody of deputy sherifls whose optical delusions were certainly most eifective, It apples also to tho real estate investments and im- provements of ex-Warden Dunbam at Long Branch, where he has been cultivating “garden sass”? and painting lis houses, hke a veritable monarch of a nice locality at the seaside while Tweed has been away; and it apples to the prosecution against ‘Tweed, who are uo better of now that he is at home, and yet may Bnd themselves at sea upon the question of interfering with possible disgorgements of real cs- tate ‘by him to others duly conveyed,” and by the obligations which may exist to treat the distinguished visitor handsomely and caretully since he was gent back without the extradition warrant, aud in the face ol the old story indorsed by one of our Attorneys General, that the political doctrine of the Unitea States does noi imply that any State is under obliga- tion to deliver up lugitives from justice, except upon a special compact, or dne process of law and requisi- ton, COMPORTABLE IN HIS QUARTERS, With abundant leisure to think over his old associn- tions in the cosey room, where there were bottles of good champagne always on the ice, tho ‘Boss’’ wes us comfortable and resigned yesterday as he could well be nuder the sunny skies ol Spain, The lowering clouds without made him just alittle weary, and be had but short conferences with his visitors, and yet, to judge from bis tew words to a friend, ‘he linds the air of New York congenial and the political situation amusing enoagh to keep the papers busy and give somethin: to read.” He seems also to enjoy the fact that he will tell nothing; his personal effects and baggage will be restored to him by the authorities at Washington, and the question of Jurther procedure agaist bi es not bother the man who may be called the ‘Great Defendant,” THE AMERICAN PRESS COMPANY, DENIAL OF THE LOSS OF ONE MILLION DOLLARS BY THE RAILROAD ACCIDENT. A report was circulated in Wall street yesterday that the loss sustained by the American Express Company by the destruction of their sates at tho railroad acci- dent at Looneyville, near Buffalo, amounted to $1,000,000. A Hxmaxo reporter called at the com- pany’s office in Broadway yesterday, aud learned from Mr. C, G, Clark, the managing director, that the accident had bappened to the express on the New York Cen- tral Railroad, about sixteen miles this side of Buffaio, One express car load of market produce, principally poultry, was entirely consumed; likewise a portion of a second express car. Benjamin Woodworth, of Utica, who bad been in the emp.oy of the company about filteen years, was burned to death. The through Chicago sate, which was in hiv keeping, contained by a woudertul chance only $700, which was aestroyed. Woodworth’s sate, which he had brought from Buifuio, did not contain, as far as Mr. Clark had been able to learn, a large amountof monoy. He said he had not yet Icarwed the precise sum, although he thought an estimate of $10,000 would be the highest figure tt could ve saloly placed at. Indeed, he said it might wot be half of that sum, About six months ogo Andrews, an express mes- senger in the employ of the American Express, inet his death by burning, like Woodworth, on the Great Western of Canada Railroad. ‘Tho express companies at this season of the year are carrying more money West than East. THE BROOKLYN ALDERMEN, FOR THE SPOILS BETWEFN THE DEMOCRATS AND THE REPUBLICANS. There Is likely to boa lively canvass for the office of President of the Brooklyn Board of Aldermen. Tho democrats have one majority in the Board, and the re- publicans hope by internal dissensions among their opponents to clect their candidate. Thero are, it is said, such vast interests Involved, as far as the demo- crats are concerned, that they fully realize the impor- tance of acting a8 a unit, and will not afford their oppo. nents tho slightest chance to thwart them, Of course, the great point is to retain possession of the various commissions and other city artinenis, With a re- publican majority ip the new Board the Police, Fire and City Works Comuiissions, besive the departinents of col- loction, Arrears and Treasury, with their accompanying patronage, « considerable item) in itself, wou'd pass ous of their bands, Whie the democrats are bent on ree taming all these tho republicans are just as hard at work 10 endeavoring to wrest them away, as the first move toward accomplishing their purpose the republicans are workivg to elect one of their nam: President of the Board, bat thoy labor atthe outset under the disadvantage of disaffection among shem- selves. The arfliculty is that three men want one place, and each man declares that he must bave it, Thes@ three are John Freuch, the present presiding oflicer; Alderman Ray, of the Thirteenth ward, aud Alderman F. B. Fisher, of the Twenty-third ward, A caucus of the republican members will be beid this evening, When it 18 expected they will decide upon their candidate, BROOKLYN ELEVATED RAILROAD. A yetition was read in the Brooklyn Board of Alder- men yesterday from the Executive Committeo of the Brooklyn Elevated Railroad Company, asking for the change of route from that fixed to one as follows;— Commencivg at Fulton ferry, along Water strect, Peart sireet, Willoughby sirceh, Goid street, DeKalb avenue, Grand avenue, Lexington avenue to Broad. way, and theuee to the city lie. Referred to Railroad Committee, WORK OF “THE CORONER, Edward Rode, of No, 412 Weat Forty-tourth street, yesterday reported to Coroner Woltman that his tn. fant female child laa heen accidentally suffocated in bed, while sleeping with its mother, during the previ- ous night. Coroner Woliman was yesterday notified to investi. gate the causes of iho sudien death “of the following persons :--Emima Bauer, aged foarteen mofths, of No, 145 Thowpson street, and Peter W, Duncan, aged tory, ot No, 14z Cherry sircet, Phebe Mier, aged sixty-six, of Sixty-eighth street, pear Tenth av who was taken to the Ninety-nintu Street Hospital Sundvy night, sullering trom an over. dose of opiuin, died ihere yesterday mourning. Joln Townsend, aged forty-two, of IM4th street, be- tween Brook and Willis avenues, died yesterday from a wound received by failing on a blunt tastrument sev- oral days ago. Mrs. Klegg, of No, 191 East Fifteenth street, who hs long been affected with heart diséase, went out on the extension ol ler house yesterday to sweep tue BHOW Off the row -hile so engaced fell dead. mARRIAGES AND DEATHS, taeniinomli ENGAGED. Heraax—Lonrrier,—Jexny, daughtor of Edward Hermun, to Samvx, Loxvenen, Esq., both of this city. WRENER—LALLEMAND,—On ‘Sunday, December 10, 1876, Eowann Warxer to Miss MATILDA LALLEMAND, MARRIED. ALBERTSON—OstRaxpER.—On December 9, 1876, Mr. Exvisr BE, ALbEentson, of Belvidere, N. jo Race, ANNA OSTRANDER, of Brookiyn, at the residence of the Uride’s parents. Hurrstkt—Bicot.—On December 6, at tho St. Vin- cent of aul chureh, by the Rey, I Aubril and tne Rev. !. Cournier, assisted by the Rov. P. Arguetero, Leon Huwrsren to Carolina Bigor, both of New ‘ork. Jaqurs—! .— Wednesday, December 6, Rav.'Dr. Bartite, ei Oalvary ScthoplatSpladopel . Clyde, N.'¥. —— DIED, ALt.—On Monday, December 11, Manoanst Avs, after a long and painful iiness, in the 74th year of het age. Relatives and friends of the family are respectful, invited to attend the funeral, frome es ab alk. past one o'clock, from her late residence, Broome sh Axprrsoy.—Sunday, December 10, 1876, Corpxuia LL, ANpERsON, widow of the late Andrew Anderson, Relatives and triends of the family are invited te attend the Sener, frome her late residence, No. 39 West 42d st, on Wednesday, December 13, at one © "Guan aais On Beda; Dosewobor i of puamsaent IRCHALL —On Sunday, mn ), 01 Joun Bincwart, in the 2d year. ba Funeral to take place on Tuesday, December 12, at two P, M., from his fate residence, 363 13th st, Brooklyp, Relatives and tri¢nds are invited to attend Boak.—On Sunday, Tuomas Boa, agea 78 The relatives and friends of the pe are invited t¢ attend his funeral, at the residence of his son, H Bonk, 329 East 4ist st, on Tuesday, at twelve o' noon, Couxreip.—On Saturday evening, 9th inst, Haw. RIETTA, beloved wife of Isidor Cohaleld, daughter of Morris and Caroline M. Heymann. ‘The friends and ucquarntances of the famity are re. spectiully invited to attend the funeral, to-day (Tues. day), at ten o’¢lock, from 310 West 23d si, ‘The inembers of the Hebrew Mutual Benens Socrsy are bercby wotifed that the Juncral of Mra I. Cobn- feid will take place this (Tuesday) morning, at tem o’ciock, from her lute residence, 310 West 23d st. A. 8. VAN PRAAG, President. Corrox.—In Yonkers, Monday, December 11, Mra, AMANDA M. Cotton, aged 60 years, ‘ Funeral from her Jate residence, Ashburton av., om Wednesday, at two o'clock P.M. Cowrx.—Oo Monday, Ith inst, four A. M., Cnarixs Cowes, in the 78th year of his age, at his late residence, 79 Allen st. Relatives and friends are respectfully invited to at tend the faneral, from St. Teresa’s Roman Catholie charch, corner of Heury and Rutgers sts., on Wednes- day morning, at nine o'clock, where a requiem mass will be celebrated for tho repose of his soul; thence to Calvary Cemetery. Dx Gamaxxvia.—A solemn requiem mass will be celebrated im St, Ann’s church, 12th at., between 3d and 4th avs, on Saturday, December 16, at nine o'clock A. M., for the repose of the soul of the late 1x SPALDING, Wile of Carlos G. do Garmendia, aud daughter of tho late B. RB, Spalding, of Baltimore, Md. Kelatives and friends, “‘Caildren of Mary” and mem- bers of tue ‘Alamnt Sodality’”? and “Xavier Union,” invited to attend. Fry,—On Monday, December 11, after a long and severe iiness, Mary J, O'DosNgLL, wife of the ine Bernard Dutty. The relatives and friends of the family are respect. fully invited to attend the funeral, irom the residence of her son-in-law, Joseph P. Jonea, 740 Kast 9th st., on Wednesday, December 13, at two-o’clock. Dovovax,—On December 10, AxNB Doxovay, daugh- ter of the late Timothy Donovan, of Rosscarbery, county Cork, Ireland. Reiatives and friends are invited to attend the fa- neral, from 3 Rutgers place, on Tuesday, December 12, al two o'clock P. M. Dunxcax.—Suddenly, on Monday, December 11, 1876, Perer W. Doncax, a vative of Ballymaban, county Longiord, Irciand, aged 47 years. Relatives and friends of the family are respectfull: invited toattend the funeral, on Wednesday, the 1311 of Decemver, at half-past nino o’clock A. M., from the residence of his cousin, Mrs, Ellen Duncan. Fishor, No, 2L4 West 32d st., tothe church of St. Jobn Baptist, where a requiem mass will be offered; thence to Cal- vary Cemetery. Everrsex.—In Brooklyn, on Sunday, December 10, Bxuxarpes Everrsey, aged 71 years. The relatives and friends of tho family are bre’ homed to attend tho funeral services, at bis late residonco, No. 36 Green on Wednesday altcruoon, the 131 inst., at four o’clock. Relatives and friends aro requested not to goné flowers, x Farretry.—On Suniay, December 10, CatneRixa Daisy, eldest daughter of Patrick and Elizabeth Fur- ly, aged 3 years, 10 months aua 27 days. ¢ funeral will take place trom tbe residence of her parents, 93 Jersey av., corner Mercer st., Jersey City, on Tuosday, the 12th inst, ab two ¥. M. Rela Uves and friends aro invited. Fiscusx.—On Sunday night, quarter past ten, WIL tam H. A. Fiscagr. Tho funerai take place from ‘his lato residencs, 299 President st., Brooklyn, on Wednesday, tbe isth inst, at ten o'clock A, M. Griga.—On Sunday, December 10, GxorcE R. Grica, aged 27 years, of consumption. Relatives and friends of the ic are respectiully invited to attend the funeral, from his late residence, 542 Bedtord av., Brookiyn, on Wednesday, December 1%, at one P, ML, withou. turther notice, Haty.—Saddenly, of apoplexy, December 10, 10 his 77th year, JOHN MorGAN Hat, formerly of New U1 leans, His remains will be taken to Trinity Cemetery, thie day, 12th inst, from No. 13 West 42d’ st., whore, at halt-past twelve P. M., 1uneral services will occur tor family friends. Hureuixcs.—On Sanday, the 10th inst,, at his late residence, No, 2,144 3d av., corner of 117th st, Jous Hvtcursas, of London, England, m the 70th year of nit age, ‘The funeral services will take place at tho above ade dress on Wednesday, the 13th, at tweive o'clock. Hyxes.—Decomber 10, fHomas Hyves, in the 2012 your of his age. ‘The frionds of the family are respectfully invited 1¢ attend the funeral, from bis late residence, 319 Ea 60th st, Tharsday, December 12, at onc o'clock. Krax.—On Sunday, Decemver 10, Mra, Mary Keay, sister of the Jato Michaci Bannan, Funeral this Tuesday, at ten A. M., from St, James! Cathedral, Jay st, Brookly: Ktint.—On Sunday, December 10, Virginia, eldoeg daughter ot Williamaud Mary Kline, Funeral will take place from the residence of hi parents, No. 31 North Moore st., on December 12, at one o'clock P.M. LoGax.—December 10, of consumption, Sasven B, Logan, aged 40 years and 6 months, son of the late William ang Ekinor Logan, ‘rhe relatives and friends of the family are respecte tully invited to attend the funeral, Wednesday after. noon, 13th inst, at hail past one o'clock, from the residence of his sister, Mrs, Farley, 297 Stato st., Brooklyn. Lowgr.—On Sunday last, at hi fy it twelve P. M. EuzaneTi Lourr, wife of Lou Lomer, aged cs yoars 13 days. Funerat will take place on Tuesday, at 2 P. M., from her late residence, 117 Lawrence st., ‘Brooklyn, eae —Decomber 11, 1876, Mantua MavoLe, aged years, The funeral will take place from the residence of her son-in-law, Joha Shannon, 165 Ciagon ay., on Wednesday, the 13th inst, at one o'clock, Maypixe.—Sunday, December 10, Jeax AvGcstTm MaNDiNe. —* Relatives and friends of tho family, also those of Mme. Emilie Nongaret, Messrs. N. Nongaret and J, Chapon are respectfully invited to attend the funeral, on Tuesday, the 12th, at ten o’clock, trom the Church of St. Vincent de Paul, 25a st MeCcurpy.—In this city, on Monday morning, De cember 11, Gextrups Mrresr, witd of Robert H. Mo Curdy, in the 67th year of ber age. ‘The relatives and friends of the family are respect fully mvited to attend the funeral, trom her Jate reat dence, No, 10 East Fourteenth st.,on Wednesday morn ing, December 13, at hall-past ome o'clock, McQvapz.—On Monday, December 11, 1376, Jonx H., infuni son ot John J, and Abbio McQuade. Relatives and fricnds of the famiy are respectfully invited to attena the funeral, from reside! Ol ita parents, corner Lexington av. and 89th st, on Tues- day, December 12, at two o'clock. ‘nouns. —Suddenly, on Tussday, Decem@er 5, 1876, at the tire of the Brooklyn Theatre, Wititam H. OGuourxs, son of the late William Ogbourne, aged 36 cars. f Funeral took place on Saturday, December 9, Porten,—At the res dence of ber father, in Fain fleld, Conp,, on ety Ve the 9th inst., Exwa, daugh ter of Kdmand Hobart, Esq., aud wile of 't. F. Porter, of Savannah, Ga, ‘ ‘The trtends are invited to attond the funeral ser vices, from St, Paui’s charch, Fairfield, on Wednem be afternoon, the 13th tnst., at bali-past two o'clock, javanuah (Ga.) Meroing News please copy. Tutimay. —Suddenly, on Monday morning, 11th inst, of diseace of the heart, Jouy Puttaay, in the 69th yoal of his age. Relatives and friends are invited to attend the fa nerai services, which will bo held at his lave residence, 2 ri 24th st, on Wednesday afternoon, at ont o’cloc! Kops. —Suddenly, Monday morning, December 1. Lintiax M., daugoter of Edward and Maria Rode, 3 months. The funeral will take place {rom tho residence of hes parents, 412 West 44th st., Wednesday, December 13, at ten Sui¥ips.--On Sunday, December 10, 1876, Brinast Smzios, beloved wife of Michael Stnelds, aged 3& years. . Relatives and friends of tho family are respectiully invited to attend the funeral, from her late residence, No. 365 Humboidt st, Brooklyn, E. D., on Tuesday, December 12, at 2 o’cloek P. M. SNonGKass.—-On Sunday, December 10, 1876, Jans Sxoporass, in the 62d year of bis age. Relatives and friends are respecttully invited to ate tend the tuveral, from his iate residence, 262 West rae st, on Wednesday, December 13, at one o'clock, Vanverntrx.—In Brooklyn, on Monday, Decembor 1 Many, relict of the lato Matthias Vanderipo, aged years. Fuueral services held at the residence of hor son-in jaw, John Bunce, 714 DeKalb ay., on Wednesday, De cember 13, at two o'clock P.M. Ww. —In Brooklyn, December 11, Mrs. Saute , in ber 74th y daughter of the late Captain John Maltbie, of Fas i, Coon, and graud- ighter of the juve Lieutenant Jonathan Malsbie, Untied Staies Navy, Friends are inviied to attend the faneral, from the residence ot Mr. Edward Mason, Latayetie foi r 10 Stuyvesant ay., Thosday, 12th inst, at one o’eloc! Witeox,--Av'l,263.84-6v.,. on, Sunday, Decotabe Louisa MILLER, Wile ol James W, Wilson, in the 2707 year of hor age. cand theta ee at faneral, on Wednca Gays 10th inate, a ’ ‘ner late ant twelve P, .