The New York Herald Newspaper, December 16, 1876, Page 11

THE COURTS. The Emma Silver Mine Company’s Little Game. , ’ SCHENCK WAITING FOR HIS@HAND. Maintenance of the Suit the Sole Question at Issue. . IMPORTANT TO NEWSPAPER EMPLOYES, The celebrated suit of the Emma Silver Mine Com- pany of London (limited) against Treanor W. Park, H. W. Baxter and William M. Stewart was continued’ yesterday inthe United States Circuit Court, before Judge Wallace, Mr. W. E. Stoughton and Wilham D, ¥. Foulkes, a barrister from London, appeared as counsel for the plaintif_iz, and Messrs. William A. Beach, E. F. Phelps and 8. B. Chittenden appeared for the defendants. General Schenck, late Minister from the United States to London, and Mr. Park, one of the defendants, were in court during the proceedings. These gentlemen will figure prominently as witnesses ‘pm the cago should the important question, which Is preliminarily the subject of forensic argument, as to the right of tho plaintiffs, the company, to maintain the action now at issae, be maintained by the Court. Counsel for the defendants contend, and with great force and lengthy discussions seek t maintain the ground they have taken to deteat their opponents at the very ontset of the contest; that the suit ought to have been brought by the shareholders, and consequently could net be maintained by the company. Should tho Court + rule the point well taken it will be fatal to the whole case, In that event, according to the English law, the original shareholders only can revive the suit, and as pone of the “originals’’ were interested in tho scheme when it came to so untimely an end there would be no plaintiffs legally entitled to suc. With this great object to attain, in view of counsel for the defondants and tho necessity to defeat them on their chosen ground by the counsel for the company, the reason Jor this severo preliminary skirmishing on both sides becomes apparent. The proceedings yesterday were opened by the read- ing of the deposition of William Henry Tooke, secre- tury of the company, taken by commission in Lond which was read by Mr, Foulkes. Mr. Tooke testifie that he became secretary of the company about the 6th or 9th of November, 1871, upon the representa- tiong of Mr. Goorge Bompas, bis cousin, and one of the sovcitors of the company; tho company was regia- tered on one of there days or the day before; he knew nothing whatever of its affairs, but became secretary on the representations of Mr. Bompas, his cousin, be- lieving that it was all right, A long oross-examination. followed as to the presence of witness at certain meet- , ings aod with regard to his knowledge of tbe company, but nothing of interest to the case was elicited. The testimony of Mr. John U. Stanley, taken in Londen before a commission, was then taken up by Mr, Foulkes and road. Witness was one of the origi- nal directors of the company. In November, 1571, he had something to do with the company. Colonel Sturt oles Rim aud mado a statement. Mr. Beach ob- ject Mr, Stoughton said in reply to Mr. Beach’s objec- tion that the plaintiffs had a right to introduce testi mony showing how the company was got u Mr. Beach—Grant was the promoter of the enter- prise and was paid $500,000 to carry out the plan and get directors—to pay them, if you please. This is nglish usage. Mr, Beach further objected to the tes- tumony in regard to the doings and declarat\ons of Grant, and more especially as to the acts and doings of his ote on Al Mr. Stoughton remarked that be had a word to say about the gentleman’s morals and law in England. With regard to this mode of promoting enterprises of this cha. ‘oter in England be would quote a case from volume 10 of Chauncey’s Ap; js to show that this infamous practice was not erated in England or in London itself. Judge Wi e said if he was satisfied _ that the directors were procured to act by fraud he ~ would have no hesttation in declaring the evidence to be competent, The teres he said, was that tho complaint was brought, not by astockholder, but by the ration, Mr. Steughion thenght the Court would bave no difficulty in maintaining the action if it was shown $hat the money was paid over on false representations, The money was the property of the comeny; and not Ps ce stockholders, although they bad an interest pit Mr. Phelps, of counsel for the defence, then arose and made an elaborate argument on the competency of the ev: He said the question is it upon this declaration it is admissible for the plaintiff to prove that Grant brought to bear upon the directors any im- roper influence, He would repeat the statement of Mr. Jeach that the method adopted to bring out this com- pany by Grant was the practice almost universally adopted in London. It is no matter how courte of jus- tice may animadvert upon it. Can the defendants be held responsible tor this? Irrespective of the ques- tion if the company can maintain the charges, they have no evidence connecting Grant’s transactions with Park. legal scope ot the case is this—none of the charges are specific enough. * The Court—Assuming that Park was fraudulent in organizing the company, the question 1s, Can an ac- tion be maintained against him ? Mr. Phelps—it the plaintiffs find a cause of ection by crossing the Atlantic they find a cause of action they did not have when they lefthome An injury sort is not an injary to acorporation, Yut to English courts have 4.cided nly to the original sutscribers, ron in these sad remaingof a corpo- in original shareholder. Mr. Stoughton, tn reply, that the plaintiffs were entitled to show the successive steps to the complete fraud. There was, first, a payment of meaner opine original second, the obtaining of that ey from ‘be company on the delivery of the roperty—the monoy to be handed over to heso men, the money must first be obtained by means’ of subscription, and the subserip- tions were obtained by re, intations. Part of the scheme of the representations was so to organize the company that shareholders would be induced to sab- scrivo. The plaintifls would show that the directors relied on Park, and that a prospectus arranged by him was adopted 7, them in pursuance of his (Park’s) toheme, and Mr. Stoughton submitted that tho plain- Mis were entitled to show the entire scheme. At the slose of the argament at this point the Court adjourned lo Monday next, - NEWSPAPER MEN ENCOURAGED. The newspaper called the Kepublic, short lived hough it was, started, as was. supposed, under favor- wie auspices, Its tenure of life, however, proved of hort duration, Following its aemiso suits wore in- nitated by the city oditor, assistant city editor and yorious reporters against the stockholders to ro- 4 over the salaries alleged to be duo them at tho time ‘There is not ration who wat the paper suspended its publication. These suits wero prosecuted in the WSirst Judicial Court and judgments rendered against the deten- fants for $877 Os. An appeal was taken from these judgments to the Supreme Court, and upon such appeal tho case came recently to trinl before Judgo Van Vorst, holding Supreme Court, Special Term. A demurre ioterposed to the compinint, + on tho ground th suitors did not come within the purview of the statute of 1848 and coula not be @lassed under such statute as laborers, servants or ap- tices, tbe su: ainst the stockholders intly and severally. Judgo Van Vorst gave his do- ‘4 gision in the case yesterday, in which he overrules the aomurrer, holding that editors, nssistant editors and reporters come under the category of iaburers and sorvants, The follow: in bodies the more important Points of his dec! ¥ "tho services of a reporter for a newspaper are com- mooly well andorstood, as is the meaning of the word. Hie duties in reporting proceedings of courts, public meetings, legislative assemblies and otner services of a kindred character are often Jaborious in the exireine, bs they are responsible. His duties do not terminate with tho day, but olten extend into the might also, flo must need: ploy not only his hands constantly, but bis eyes, bis ears and his brain also, The valvo of his services to his employer depends upon his fidenty to his « work and the accuracy of hisreports. Within the mean- Ing of the sectiou in quostion he is traly both a s laborer for anda servant to his employer, and is en- 4 itled to recetve of tho stockbolaers tor his services in reporting for the newspaper, the success of which de- pends greatly upon his iabors. * * * An editor, city” or sistant”? employed, and whose service it is to prepare, superintend, revise und corroet a newa- 4 Paper or a department thereof for publication, is within the game term, and is entitled to redress against the stock holders of the corporation employing him for his work. Under this state of fucts the decision 18 overruled and verdict ordered Jor the plaintiils. ABATING A NUISANCE. Y As heretofore announced tn the Herat, a suit was recently brought by General Daniel Butterfield, Lewis May and George King vs. Simon Klaber and Adolph ‘a. Frankfeld for an injunction restraining them from continuing in operation thetr marble manutactory. The plaintiffs are owners of a building on Broadway, between Filty-first and Fi(ty-second streets, rented as flats,” and knewn by the pume of “The Albany.”” It Js a four story brick structure and containa thirty-two Weparato sui the desi of court being to a 10 many different families. m- * js made that the marble manufactory nuisance, the speciile comptaint being that its dis- cordant steom Whistles jare a nuteunce pants ot the building In question, and thatabe fond, dis- . jarring and noise of the machinery renders it able, On account of those musances $16,000 mages are sought as proper indemnity to the owners “the 1 itovently Gaiet Justice © albany. Curtis, of NEW YORK HERALD, SATURDAY, DECEMBER 16, 1876—TRIPLE SHEET. the Superior Court, the injanction eo far as to Probibit the usc of the steam whistles. As to other matters complained of a hearing was begun yes- terday betore Judge Sanford, boiding Special Term of the Superior Court. Upon the reading of the com- plaint the Judge thought that it was a proper case to before a jury, but partics interested expressed thet willingness to leave the arbi- tration of entirely to the Judge, and upon this the case proceeded at once to trial. General Butterfield, who was the first witness called, described at ieagth the construction of “The Albany,” and after such deseription stated that owing to the contiguity of the marble tactory various parties who had taken leases of apartments bad thrown up their leases, aud that the place was not fully rented and could not be while this nuisance was continued. Various other witnesses were examined whi mony substantially corroborated that of terfield. The-triai will probably occupy. It 18 alleged on the part of the defence tbat a from the steam engines 1s scarcely audible outside of the building, and that the manufactory ca res be regarded asa nuisance to the d: the vicinity, Messrs, Davis & Whitehead appear for the plaintiffs and Messrs. Townsend & Mahan tor the dante, A STREET CONTRACT. Application was made yesterday to Judge Brady, in Supreme Court, Chambers, on behalf of Isaac Lunny, fora mandamus to compel the Commissioners of Pub- le Works to sign a contract for $25,060 for reguiating and grading East Ninety-niath street. The Comp- troller, it seemed, refused to approve the sureties on the contract, which was made in 1864, on the ground the decision ot © in the Court of Appeals was @ lest che upon the question of cost, which on tended was more than could bo raised by assessment on the property, and the city would bave to pay tor the work, The case was decided against _bim, aad ie approved the sureties, but new the Commissioner ot Public Works retuses to sign, on the ground that proved in 1874 has ‘been lost; that the the argument it wai sel thinks it unnecessary for hii to sign this contract, and affidavits were submitted by former clerk Commissioner’s office that the forms were alike, 1t was also urged that the Commissiover has now no dis- cretion whatever in the matter, but 18 bound to sign. Judge Brady took the papers, reserving bis decision, MARINE COURT JURISDICTION. In the Hxpaxp of December 1 the arrest of Solon J. Viasto, upon a charge of false protences made by Kato Ludlum, was reported, Tho charge has been dis- missed by the Grand Jury, it having appeared upon investigation that the transactions upon which tho charge was based were business matters between the partics as partners, and instead of the plaintiff advanc- ing money in the business upon faise representavons, it was evident that having dove so, and then becoming dissatisfied, had made the charge, A civil suit was also instituted by her upon the same matters, as partner, in tho Marino Court, to recover her investment, asking equitable re- Hef in the nature of injunction and receiver, her counsel claiming that the action was brought ex de- licto, and tne mai came up in this shape before Judgo Sinnott, Tho Court took the papers, indicating the probability of a decision a to tho equity powers of the Marine Court. The question 18 inter- esting, as this court has been much resorted to of late by litigants, besides teing the subject of a great deal of legislative attention. Is A FELON A CITIZEN? A NICE QUESTION O¥ LAW RAISED IN THE UNITED STATES CIRCUIT COURT. . The conviction of a person for a felony has gencr- ally been held by the courts as a bar to the exercise of the elective franchise by the convicted person, and at all elections in this city the practice bas been, when a challenge was mude on such grounas, to refuse the vote, unless the party presenting it exhibited a pardon from the Governor if convicted in a State court, or the President if convicted in one of the federal courts, ‘The right of a person convicted in a United States court to vete in an election for State and city officers ‘was raised yestorday in the United States Circuit Court, Judge Benodict presiding. The docision of Judge Bene- dict will be looked for with interest. The Unitod States vs. Joseph Barnabo,—The pris- oner was arraigned for trial charged with a violation of the election iaws in voting illegally. It was con- tended by the government and charged in the indict. ment that Barnabo had been convicted in the United States court in 1869 of passing counterfeit money; that this conviction rendered bim a felon and without the right to vote. Mr, A. IL Purdy, who appeared for the prisoner, 1n- terposed a demurrer to the indictment, and argued that the conviction of a man of felony in the United States courts did not take away his right to vote, Mr, Purdy argues that the constitution provides that the electors in the various States shall bave the same qualifications as the members of tho most numerous body of the Logislature of the State. The law of this State, which distranchises a man on conviction of felony, refers to a conviction in this State; that a con- vViction @f felony by any foreigu court does not so dis- qualify, The conviction of Barnabo in the courts of the United States was a conviction by a foreign juris- diction, and did not disqualify him from being a votor in the State of New York. In support of his views the counsel read numerous euthorities, among them two opinions of Attorney General Champlain, of this State. Mr. Foster, who appeared for the government, insisted that the State laws disfranchising @ feion applied to convict: ry all other States and in the courts of the United States, Judge Benedict reserved his decision. AN ALLEGED ILLEGAL VOTER. T. McCormick was yesterday called for trial in the United States Circuit Coart, before Judge Benedict, on a charge of having attempted on the 6th of Novem- ber last to vote illegally, when Mr. Purdy was assigned by the Court to defend him, The prosecution called a awitness who proved that McCormick eutered a poll ing place on election day and handed oneof the in- epectors a bundie of tickets; that be said his name was Daniel Gillett, and that he was thereupon arrested. The prosecation having rested the caso Mr. Purdy moved that tho prisoner bo discharged on the grounds that thero was no evidence to show that the bits of paper called tickets were Jegal ballots; that a man could not attempt to vote unless he preseated a ballot tor that purpose; that @ ballot was an instrument known to the ‘law and must conform tothe ‘‘legul’? requisites, For all that bad appeared in the case he said the so-called tiekets might have been blanks. He contendod, further, that there was no proof that a member of Congress was to be voted tor at that cleetion; that, assuming that there ‘was a member of Congress to be voted for, there was no proof tbat the prisoner had presented a ballot bearing the name of a candidate for Congress, and that the Court had no jurisdiction to hear tne case un- Jess it appeared thatthe prisoner attempted to yote for a member of Congress. Mr. Foster, who appeared for the government, then requested that the case be continued until Monday next, in oruer that he might have an opportunity to call witnesses to supply the requisite evidence. This application was granted, and the case was adjourned. SUMMARY OF LAW CASES. In the suit of Lou'sa Troup ve, The New York Life Insurance Company Judge Brady yesterday appointed Nathaniel Jarvis, Jr., referee, in the piace of John P. Crosby, deceased. Georgo W. Blunt, receiver of the Farwell Gan Com- pany ana its letters patent for improvements in machinery guns, petitioned the Supreme Coart yes- terday vo allow bim to sell all the property at pabtic auction. Judge Brady, to whom the petition was sub- mitted, resérved his decisiony In the United’States Circuit Court Henry Schroeder pleaded guilty to an indictment charging nim with having fracdulontly obtained naturalization papers, and he was remanded for senten: Atemporary tpjunction was granted yesterday by Judge Brady restraining the proprietors of the Thira Avenue Theatre from giving further performances until hteg) ment of thetr license fee. Ernest jo has brought a suit against William Schatienberg io recover $5,000 damages lor alloged as- sauitand battery. He avers that the defendant as- gaulted him with an iron instrument and inilicted several sovere blows on his head, Tho trial of the case 16 set down for the 19th inst, A veratet lor $300 Jay rondered in the suit brought by i g2nat Phillip I. Woit. i Jr., @ broker, the facts of which bave been pub- ¢ case was tried before Judge Rovinson, of the Cort of Common Picas. in the United States District Court, yesterday, b fore Judge Blatebtord, the government brought a ‘sult against T. Felix Gouraud to recover 144 penaltics 01 $50 cach, for the saic of 144 cakes of medicated sua) without an ‘Internal revenue adhesive stamp being al- fixe ribed by law. The government he Court directed a verdict tor Brown, a broker, has broug’ Ross, owner of the Rossmore Hotel, tor $i, jon for procuring the Messrs, Leland as tenants, The case came to trial yesterday, before Judge Freedman, in tho Superior Court, The defence 18 that Mr. Brown was not authorized to procure ton ants for the hotel. In the sait Ly by Mrs. Ann UW. Butler against tho American Life Insurance Company upon a policy of insurunce for $2,000 upon the iife of ber husband, tho iate Jr. Samuel W. Butler, of Pailadelpnia—on trinl before Judge Sedgwick, of the Superior Court—tho facts of which bave been published, a verdict for $2,100 was yesterday given for the plaintiff by direc- tion of the Court, but with tho understanding that the case should be reviewed by the General Term on points oj law, A suit was recently brought by Sloane & Co, against Jay Gould and others, comprising tho old Now ey Southern Railroad Compauy, to recbver $1,877 25 for curpeting furnished tothe East End Hotel at Loog ranch, It is alleged in the complaint that the hotel belongs to Jay Gould and that the plamtitts were in- duced by the company by false representations to sell the carpets, Several days ago the caso was tried tore Judgo Donohue, without a jury, the facts in on- troversy being published at the tmo in the Heap, Judge Dononue yestorday rendered a decision giving Judgment for the deienvant, dle holds thatthera ‘s no evidence of fraod, and that the railway company had power to build a hotel for the accommodation of ex- cursion parsengers. It will be remembered that it waa claimed that the company wag mot authorized by its charter to purchase any property pot required for railroad uses. Jobn L, Brown, the woll known street cleaning contractor, bad in his lifetime a heavy suit against she city, and bi Secutor compromised the saine, ir. Jobo E. Deviin and others, counsel for the pla! non the money, Brady, Court, Chambers, yesterday, on a motion to order the discoatinuance of the suit The Court decides that defendants ha’ tien on the fund, which would be impaired by ontinuance or delay, and say the Chambers will not pass upon the matter, but send it back to Special Term in Equity, where the case was tried, ether for discontinuance or trial by jury. T Was to bave been an argument yesterday be- fore Judge Sanford, of the ny need Court, in the suit for mjunction brought by Mr. Patten, prietor of the Pacific Hotel, against the New York Elevated Ratiroad Company. Ali the various counsel! appeared, but oa consultation it was decided that the aspectsol the case Might be materially changed afier the decision in the case as already appealed to the Court of Appeals, and it was therefore agreed to postpo: rgument until atter the Court of Appeals has rendered its decision. Injustice was inadvertentiy done Mr. O. D. Ashley, in ‘the account of the Toledo, Wabash and Western mao. damus proceedings, by ascribing to bim a want of delity to the interests he represented. He did not represent the equipmeat bondbolders, though he al- ways maintained that they were entitled io receive in exchange a like amount of the convertible bonds. Ho was the chairman of the shareholders only, and he opposed the foreclosure proceedings in their behulf uo- Ul the plaintifis in these proceedings conceded to the stockholders the privilege of participating with them in the ownership of the road on certain terms, This right he secured to the stockholders, and his object was attained and his duty to his constituents was com- pleted. The charge that he went over to tho enemy is, therefore, untrue and unfounded DECISIONS. SUPREME COURT—CHAMBERS, By Juage Brady. Brown vs. Develin.—Opinion. ‘Referred to Special Term. By Judge Barrctt. Todes vs. The Excelsior Gas Machine Company.— Report confirmed. Let a proper o:der be prepared accordingly. By Judge Lawrence, Bulling vs, Belrige.—Granted. Baker vs, Palmer.—Tho taxation of the Clerk is aflirmed. Matter of Mildeberger.—It appearing by affidavit that Mr, Hoyt i pow a resident of the Stato of New York, I shink that the report of the reteree should be contirmed and order entered appointing Mr Hoyt trustee, SUPREME COURT, orRCUIT—PaRT 1. By Judge Donohue, Sloan et al. vs. Gould et al.—Opinion, SUPERIOR COURT—SPECIAL TERM. By Judge Speir, Van Buren va. Coit; Titusetal ws. Barr ot al— Orders settled. By Judge Froedman. Morris vs. Webb.—Order to examine Hugh McCicl- Jan as a witness conditionally. Butler ys, Austin.—Order that plamtiff filo security for coats. Leonard va Wilde. —Urder denying motion, without costs, Craig vs. Harrington et al.—Reference ordered. Ruton ve, Hunter.—Ordered on trial calendar for January 2, 1877. Totbill vs. Benedict; Bamborgor vs. Hib>ard.—Or- ders granted. By Judge Van Vorst, Palmer vs. Foley.—Order settled. By Judge Santord. Everton vs. McDonald,—Piaintif’s complaint dis- missed for want of prosecution. Goldberg vs, Levinson.—Rehearing of Recetver’s patito and to open reference for further proots grante, Dawson va. Burke.—Motion for reference dismissed, Conity vs, Carroil.—Receiver’s bond approved, COMMON PLEAS--SPECIAL TERM, By Judge Van Hoeson. Block vs, Kirchor,—Order signed. Geiger vs, Marks.—Seo memorandum. Hill vs Conkling.—Motion for judgment denied. Memorandum, Bruce vs, Burr.—See memorandum, By Judge J. F. Daly. O'Gorman vs, Kamuk,—Findings signed as resettled. GENERAL SESSIONS—PART L Before Judge Sutherland, THE BECKWITH FORGERY CASE. The trial of C. H. Beckwith for forgery was resumed yesterday morning, the evidence being somewhat similar to that adduced atthe previous trial. Mr, Henry Herman, foreman of Mr. Babbiti’s soap manu- factory, testified that the tallow for which Beckwith purported to have paid the money had never been ro- ceived, The prosecution calied Mr. James McEwan, and also Mr. Edward Mciwan, who testified that the tallow for which the receipt ‘was supposed to be given was nover sold by them, the receipt being a forgery. For the de(ence the president, secretary and several members of tho Manhattan In- sarance Company were called to prove that the writing of the receipt vas vot that of the prisoner, Mr. Bav- bitt was also called by ex-Judge Fulierton to prove that the money allezed to have been appropriated by tho ee had been taken by F. R. Lewis, a fugitive in jondon, but the testimony was pot admitted. The Bearing of tho caso will be resumed on Monday morn- ing. GENERAL SESSIONS—PART 2, Before Judge Gildersieeve. THE ROBBING OF THE MARINE. It willbe remembered that William I. Daly was Jointly indicted with Robert Supplo for grand larceny in having stolen a bag containing gold coin to the amount of $287, on the 4th inst., at the liquor store of Daly, from the person of George Lemmond, @ merino from’ the United States steamer Franklin. Supple was convicted and remanded for sentence. Yesterday tne trial of Daly was continued. [lo was defended vy Mr, Witham F. Howe, who examined several witnesses who gave the prisoner an excellent character. It was shown that he bad no connection with the crime com- mitted, and he was promptly acquitted. MISTAKEN IDENTITY, A young man named Joseph Slater, a printer by Wade, was arraigned at the bar, charged with snatch. ing a porcel of clothing from Sarah A. Clow, of No, 162 West Thirty-second strect, on the night of Decem- ber 2, at the corner of Twenty-ninth street and Eighth avenos, The complainant averred that on tho night in question she was going to 9 pawn office tu take out ome clothes and that sho met the prisoner, whom sho did pot know, and that he and another young man ac- companied ber to ber destination ; that after procuring the clothes she went into a saloon with the prisoner, wh b his friend, accompanied her to Twonty-ninth street, where ho snatched her parce! and ranoif Mr, Edmund FE, Price, who defended the prisoner, eliened the fact that the complainant was unaer the influonce of liquor, that she had previously asserted that she was not certain this person was the man, and that she had offered to take a sum of money and not appear against him. The jury discredited her testimony and acquitted the ner. . A DIFFERENCE OF OPINION. Miss Josepbinoe Thompson, a young wom: twenty years of age, was arraigned at the bar charged with baving stolen a silk dress and otber articles of wearing apparel, the property of Miss Harrington, on the morn- ing of the 16th of October last. Mr. ilowe, on the part of tho accused, showed that a contract had been en- tered into between the partios named tor the sale of the articles in question, Miss Thompson was ac. quitted, STEALING A GOLD WATCH. J. H. Mullen was charged with the grand larceny of a gold watch from the person of Ferdinand Fischer- mann, In a liquor store in Canal street, on the moro- ing of the Sth of December. It appeared that tho complainant and defendant had been drinking freely together, and that the wile of the formor, learning his cunditiva, proceeded to take him home, She noticed that bis watch had disappeared, when it was handed to her by Muilen. Mr. Chipmi who defended the pri yf, claymed that the watch was taken by his Ghent for sate keeping im presence of the barkeeper, who, howe’ ‘Was Dot produced as a witness, The jury remained in consultation for somo time and finally brought in avordict of guilty, Judge Gilder- sicevo intimated th: new trial woald be granted to the prisoner in case this witness could be produced, and he was remanded for sentence, A WARNING TO CONCERT BALOCN GIRLS, On the 24 of December noch Tucker, a one armed man, mado his way to the concert saloon No, 192 Chatham street, and there met Min- nto «Sheridan «and Lena Smith, whom ho treated in royal style, from beer te chempagne. He came to the conclusion, «fer spending some hours in the establishment, that ho had been relieved of $30, and had the women arrested. Tho jury found the prisoners guilty of potit lareeny. Lona Smith wos sentenced to six mouths’ imprisonment and Minnie Sheridan tp a term of three montha, QUIMBO APPO TO BE TRIED FOR MURDER. On motion of Mr. William F. Howe the trial of Quimbo Appo for the murder of John Kelly was set down tor Tuesday next. : COURT OF APPEALS. Apany, Dec. 15, 1876, Tho following cases were argued to-day :— No, 406, Pitchell vs. The People. No. 407. Watson vs. The People.—‘rgued as one cause by Peter Miteholl for appelle ; Thomas K. Moore for respondent. No, 70. McDona.d vs. Tho Mayor, &,—Argaed by Henry Anderson for appotlant; D. J. Dean tor respon- dent Stipulation for judgment absolute in case of affirmance filed, No. 81. Jobn B, Dolan-vs, The Mayor, é&c.—Submit- ted for appellant. Argued by D. J, Dean for respon dent. No, 83, Michael Dolon vs. The Mayor, &c.—Argued by Nelson J. Waterbury for appellant; D. J. Dean jor Teapondent, No, 8. bury vs. Sheldon.—Argued by Samuel Hond for appeliant; Charies A. Peabody for respon- dent, Cano still o ment, Adjourned, Tho following Js tho day calendar of the Gourt of Appeals for M: , December 18, 1876;—Nos, 80, 84, 96, 98, 100, 103, 105, 110. UNITED STATES SUPREME COURT, Wasntxorox, Dec. 14, 1876. No, 136, Hentz & Spangenberg vs. Steamsbip Idubo and the Liverpool and Great Western Steamship Com- pany—Appeal from tne Cireuit Court for the Eastern district of New York.—This was a libel oma bili of lading daied May 4, 1860, for 200 bales of cotton, is- sued by the claimants, the owners of the Idaho, to one Mann, and the charge was that ouly thirty-Ove bales wero delivered in Liverpool to the hbellapts, the ia- dorsers of Mann, in whose name it was shipped. The answer was that the 165 bales not delivered to the libellants were taken from the ship by due process of Jaw in a suit of replevin brought unst the master; ‘and the owners of the ship (the claimants) appeared in the suit and took measures for Protection of the holder of the bill of lading, and that these facts ¢: cused the non delivery. 1t was also that plaintiff in the replevin suit was the r of the cotton not deliver neither Mann nor the livellan! e had an. title thereto. The qi ions are whether the plainti! in the replevin suit was the true owner, and, if so, whether tho delivery to him, on the replevin proceed- ings, excused the delivery to the indorsers of the bill of lading, William G. Cheate for appellees, R. T. Merrick for appeliants, 591. County of Randolph vs. Post—Error to the Cireult Court tor the Southern district of Illinois. This was another action on municipal bonds issued aid of railroads, the read in this instance being the Choater ond Tomaroa Cual and Railroad Company, The court below sustained the validity of the bonds, and the writ of error maintains that the issue was prohibited by the constitution of the State, properly construed, and that the decision below tailed to cor- reoty interpret it. Canse submitted on the prinied briefs, John M. Palmer for plaintiff in error, Cullom, Scholos & Mathor for detendant, REAL ESTATE, truce The following business was transacted atthe Real Estate Exchange yesterday :— Ricbard V. Harnett sold, by order of the Supreme Court, in forectosure, W. W. Ladd referee, a house, with lot 20x102.2, on East Sevonty-seventh street, south side, 100 fect cast of Fifth avenue, to John H. Watson, plaintim, for $14,260. Richard V. Harnett also sod, by order of the Su. preme Court, in foreclosure, K. Patterson referee, a house, with lot 16,8x102.2, on West Elchty-third street, north side, 241.8 feet east of Ninth avenue, to North Amorican Life insurance Company, plaintiff, tor $10,000, V. K. Stevenson, Jr., sold, by order of the Court of Common Pleas, in foreclosure, C, G. Macy referee, a house, with lot 25x103.3, on West Sixteenth street, south side, 413,6 feet west of Seventh ay., to Androw Habneman for $15,400, Scott & Myors sold, by order of the Supreme Coart, in foreclosure, E. H. Schell referee, a house, with lot 22x80, on second avenue, northeast corner of Seventy- fourth street, to plaintiff for $13,700. Scott & Myers also soid, by order of the Suprome Court, in foreclosure,’a house, with lot 22x102.2, on East Seventy-fourth streot, north sido, 80 fect east of Second avenue. t> plaintiff for $10,000, Blackwell, Riker & Wilkins sold, by order of the Supreme Court, in ferecloaure, C. Norwood, Jr., ref- eree, two lots, each 29x100, on East 124th street, south side, 90 tcet east of Fourth avenue, to J. 8, Craig for $5,600, ADJOURKED, E. H. Ludlow & Co, adjourned a foreclosure sal property on East Thirty-eigtth street, near Third ave- nue, to December 16. H, W. Coates adjourned ‘eclosure sale of prop- erty on East Thirtieth street, west of First avenue, to December 30. Hugh N, Camp adjourned a foreclosure sale of prop- erty on Boston road to December 29, AJ. Bieecker & Son adjourned a foreclosure sale of property on East Eleventh street, near Stcond avenue, to December 2 1 RANSTERS. 25 ft, n. of Mth st, 25x100 ft. w. of 3d av., 2x1 also 13th. Gi Elisabeth | «1 24. Bx01.7 (14 pi Eljanbeth st Pinkney to A. Ferris, Woite sh, No. 121. 5. 3. James F. Malcolm. 4th st, 6, , 26:1 n, 01 W. Weis and husband North Moore at. No. 103, n, Rumans to A. € 7th nv., e. 8, 90, Goauby (oxeca' wile to D. H. MeAlp: Sith st. m. 5 1h. w, of Lexingtor , MoKenney and wife to F.C. Di Gad st, m. 8., 125 18, ¢, of 10th id husband to J. ©. All es (90, 45), 20.9x1 Btewart to George pepe 71 ft fa. 40 fe. 8 of 18d st, 20x75; snry iFeferee) to New York life Bost ‘ont rond, ig acret Dixon (referee) ht at me Stedman to Barclay, James L,. to Mary P. Da Pont, w. 6. of Broadway, w. of 62d m1 Bame to 8. Li. Simonis, Gad wt. 23 yours, Bisco, John, to G. Vi 3 Alvo 13th 14,000 8,000 12,000 of Mnb st, Gondiey, James H., to Thomas Goadie, ay., 6 oF 55th a1 vent Pe Same to same, ¢ #. of 7th w Greenbaum, Marx nd 8,700 8,750 2,000 Horn, Annaand ‘ ol 34 years, 5,500 Rilpatriel, and wife, to John Wi Toth st.,'w. of Madison av.3 1 1,000 MeGuire, Thomas, to Arthur K Dowaney, in: 1,090 4,440 Rallnmwn, hh ty 8 1 year . 600 Sturtovaut, Albert P. and wile, phen Merrie hew, m. # of 27th a6, vetwoen Oth and Madison ava. Ty 10,000 Wiheim, Wer ‘of 10th av., 6,000 TESTING THE BRIDGE WIRE. The ongineers of tho Brooklyn BridgoCompany woro hard at work all day yesterday testing tho 100-peund samples of wire furnished by the bidders tor the con- tract for 6,800,000 pounds that are called for undor the recent specifications Tho work is being carried out in tno base of the Now York tower, at the foot of pler 29 Bast River, Quite a number of gentlemen, Topresenting the different wire manufacturers, were resent and watched the results of the diferent tests, Livery one else except those directly in\ereated in the bids was exeiuded, probubly on the grounds that they might iméerfere with the speedy conclusion of the work. Thesamplos sent in by tue following compa- nies bave aircady been tesied:—Jobon A. Rocbling’s Sons, Trenton, N. J.; Cleveland Rolling Mills, Wash- burn'& Mowen, Worcester, Mass; Lloyd Haigh, of South Brooklyn; Sulzbacher, Hymer & Co., West- phalia, Germany; W. Honley, London,’ Eng- land; Johnson, Nephews & Co, Shefioll, Bug- land, and Carey & Moon, Several of the bidders, among them the Rooblings, Fioyd Haigh and Wash- burn & Mowon have furnished several samples, senting diferent qualities of steol and diferent The work of testing will pubtediy bo re+ to-day, a8 they have not yet got through with ‘The officials aro exceedingly reticent progress of the work, which is all the mor considering tho fact that the bridge is n dertaking, but a public work, which has cost the city of Brooklyn so far $4,700,000, and the city of New York $2,260,000. This reticence mg “pha 4 t measure the difficulty encountered fm ob- g any reliable information at all trom outsidors, SERGEANT MILLER’S CASE, Sergeant Miller, late of tho Twenty-sccond precinct, who was removed recently by the Boara of Police Commissioners on charges preferred against bim, ap- plied yesterday for reinstatemont on the decision ren- dered by the Court of Appeals in his case a few days ago. This decision stated that bis removal was unlaw- ful, ag he had wot been served with a copy of the sum- mons and complaint, and therelore bad not been pres- ent to set op any delence against the accusation on which bis removal was made. in response to: his re- of the decimon prove to bo correst, will give jergoant Miller @ new Wrial as once, bis IMPORTANT POLICE CHANGES. MEETING OF THE POLICE BOARD YESTERDAY— A COMPLETE REORGANIZATION OF THE STEAMBOAT AND SPXCIAL SERVICE SQUADS— THE BENEFIT FOR THE BROOKLYN SUFFERERS. The Board of Police Commissioners held a meet yesterday afternoon, all the members of the Board be- jog present. Patrolman Magan, of the Twenty-ninth Precinct, and Timmons, of the Twenty-seeoud precinct, resigned, and Detective George W. Dilks, Jr., was transferred to the First Inspection district from tho Broadway squad. Roundsman Smith, of the Ibirtieth, and Officer Duncan, of the Eightcenth precinet, with Officer Barry, of tho mounted squad, wore dis- missed the department for drunkenness, THR STRAMNOAT HQUAD, The Board then procceded to the reorganization of the Steamboat squad, and, on motion of Commissioner Erhardt, the following resolutions were unanimously adopted Renolvod, That there shall be two squads of the police force to be designated and known as Steamboat Squad 1 and Steamboat Bquad No. 2. Rteamboat Squad No. i consist of & sergeant in command), two roundsinen ch number of patrolmen as shall b assigned to duty therein, teambo: ection distriet, inpectio 0 Se be sergeant in command), three ro whom will on and such number of patrolmen us shall be from time to time ossigned to do duty in the Inspection district, and shell constitute a of the pe of such district. by the sergeants hi settled and cortitied in tho same manner as pay- Precincts and paid by the mapector In whose districts ands rexpoetively bel Ived, That the above resolution tof January and th hed, to take @ffact wt t THE SVECIAL SERVICE. The change in tho ruics governing pecial ser- Vico squad then came up for consideration, and tho following rule was unanimously adopted :— ‘There shall be a squad tobo known and called the “Spe- ciat Service squad." witch shall e« nembers of the force na are det shall be under the command detective force and report to hi Dopartimont at such hours of he o1 all tane effact or Mh y ordor. ¢ force wball keep & transactions ot the squad, Superintendent nndor the rulex and regula- ble to preci nt ot the payroils and pay off the members the squnu, and shall porsess the eame power and pert the same daties roladne to the discipline of the squ and enjoined on the captains of precinct: er of the Special Servico squad who is dotatlod oration, firm oF private person ‘shall, on each month, proeare fe certificate in writin, whether said. member lind tistaction of his employer each preceding month, and, if the inember has . The member shall @ d at the office of the chief clork on tho suid first day of tho month. THR BROOKLYN SUFFRRERS, Tho propricty of tho members of tho police force selling theatre tickets for tue bevelit of the sufferers by the fire wt the Brooklyn Theatre was next broaght into question, and without any hesitation the Board adopted tho tollowing resolution :— voklyn thro Whereas has been made to th f of the res:—Union Sq Thea. 's Theatre, the Acadewy of Music and the Eagle , Wye the aid of ‘tho members of the polles force, in alo‘of tickets to x grand union dramatic benellt, to be m by the theatres shove named on the afternoon of day, Docember 21, in nid of » charity fund for the by s burning of the rd, in view of the % disaster, and the fering cortnin to reault therefrom, is desirous the efforts of these charitable partios in thelr laud- of aidin, able undoriaking, it ix, therefore, Resotved, That the rule be suspended be granted on cunditions ss follo sold bo delivered by the thoxtres by him distributed to th wins, and by c mombers of the force, to make returns of tick: id coeds of sale of tickets to their captains, and cnptains to Saperintendent, who shall account to the oBlcers of the theatres. HEAVY GRAINS OF COMFORT. No branch of commercial industry has made such rapid progress, as faras exports to Europe are con- cerned, within the last two years, as the shipment of grain from this and other seaports, The statistics, as furnished by the United States customs service, show the increase of exports over the imports to be considerably over $25,000,000 during tho past twelve months, Most of this increase is due more to the wending of breadstuffs than any other staple, While the railroad companies are waging war among themselves and continuing an exceed- ingly low freight tariff the factors and consum- ers virtually reap the benefit. At the same time freights to foreign ports are to a certain extent regu- lated by demand and supply, If carriage to Europe can bo chartered from New York ono ote less then irom Baltimore, Boston or Philadolphia the railrond companies will bring the grain here. Tho matier thes far has been narrowed down to this cecal on, irom which the op reached ure the cheapest outlets for the gratin t Veing and have been made by Philadelpnia, Bal to monopolize this business, the trade ull remains in favor of Not only bave the above mentioned ted for this af aod Montreal ad: argaed that tho grain grow! to their dominion than to New York, phia of Baltimoro, and that the the St, Lawrenoo River was an open one, But they left out of view the fact this reourse was closed for six montbs during the A large trade was begun from Montreal, but most of the partis engaged therein ba ce failed, Phila. delphia and Baltimore have tly aided shippers of grain by erccting vast clevators, which the New York merchants failed to do thus far, At length, howevor, the Produce Exchange, of this city, has awakened to the importance of this subject and yesterday alternoon the mombers of this institution beld a meoting at the exchange for tho purpose of considering ® pro- posed omendment to tho agreement of tho Produce Exchange and tho railroad companies rowing out of tho prospective operations of tho Geovral Rallroad elevator at the foot of Sixty-fittn strcet, North River. A committee consisting of Mesera, Charles R. Hickox, Henry T. Kneeland, David Bingham, Goorge C. Martin and Franklin Edson was appointed to confer with the Standing Committee on Grain of the Produce Exchange, com Messrs. Leonard Hazeitino, chairman; Pual Worth, William 8 Wallace, Alexander Bonnell and Owen Ferguson. The two mentioned committees will hold a session shortly and report the rosuli ata subsequent meeting of the Produce Exchange. THE POLISH EMIGRANTS, AN EFFORT TO BE MADE IN THEIR BEHALF BY A BENEVOLENT SOCIETY. The condition of tho Polisb, or, more correctly, Galician emigrants who arrived at this port by The Queen, of tho Natioual line, on tho 6th inst., remains unchanged, With the exception of the four who havo been provided with employment they aro still a burden to tho Commissioners of Emigration, by whom they are fed and cared for, ? The monotony of idleness and indigence prosses heavily on the poor aliens, and, so far a8 they can communtente with tte peoplo at Castle Garden, they express a strong desire to obtain work. Tho story now runs that thoir original purposo was to sail for Brazil, where they had been promised lands and employment; that in purshance of their intention they proceeded as far as Antwerp, bat missed the steamer, and that then ivice of iriends they made ther way to New Kk Via Liverpool. The four of their number who have been fortunate enough to obtain work are em- loye jobacco factory at Kutherford Park, N. J. There 9 still BIXtocn adulis—men and women—and seventeen children in a conditton of abject helpless- ness, They sit round the stove in the rotunda o1 the emigrant building, the men smoking and the women attending to the children, They seein to give but NtUle attention to what progresses around them, and appear to be thoronghly wretched. The men are, however, strong and stalwart, and look as } they would make vigorous and sturdy labor- ers, Some of them are even soldierly in Appearance, lt is stated that a benevolent society, desoribod as the “Galician Society,” purpoxes making an effort in their behalt, and that with shat view a meeting will bo held next Tucsday, The dificulty, however, 1s to ascertain anything concerning a society bearing this name. It does not appear in the directory list; inquiry at tho offices of the St, George and St. Andrew benevolent societies failed to elicit any in- formation concerning it, and it 18 unknown to the Austro-Hungarian Consul. Tho presamption is that its charitable labor I+ carried on wader another name, It appoars that the cage of the emigrants doea not como wituin the official cognizance of the Austro-Hungarian Consul, and that the only thing that could by done in that rier would bo on the same general charitable grounds which might Influence anybody disposed to aid a very distressing caso of destitution, A GENUINE KLEPTOMANIAO. Mrs. Mary Davidson, alins Williams, who was ar rested on Wednesday in A. T. Stewart's store, corner of Broadway and Tenth streot, in the act of stealing some adress patterns valued at $10, was brought before Justice Bixby yeaterduy, and was hold for trial in default of $500 bail, It wili be remembered that on a search being made in the apartments occupied by th at No, 321 Kast Fifty-iourth street th all descriptions were found, vi the property was shown to bh ‘48 the only geno piac that ever came un- der their notice. Somu of goods nd trunks had evidentiy boen taken five years ago, and ot wore fresh as t She told tho ptives she took ll LET THERE BE LIGHT. The Contest with the Gas Companies. ALL. THE BIDS REJECTED. A Boston Company to tho Rescue. Yesterday was o field day with the gas monopoliste, and the real state of the war against tho companies began to develop itselt early in the forenoon, None of the magnates of the companies were visible around the City Hall, but there were many infucntial citizens hovering about the counci! chambers, and the Comp- trolior and the Corporation Attorney were looked upon with curious eyes. The question came squarely down to one of emer. gency, and the figures of the comparative cost for lighting the city, as derived from official records, are a8 joliows, the table given below showing the cost per lamp, since 1858 and inclusive, the prosent rates upon tho contract expiring with the present year: oe T oT an Wen Man- | Metro- | ¥, Year! york, | rattan, |arlem | podian. | yt ere, 69 00 teaudaeineetatiad 39 00 28 00 | 3b 124,]3 Thore 1s no shadow of oxcuse why tho price to be charged for the coming year should be any more than it was fn 1858, nor Js there reason even for equal fig- ures, Labor is as choap now as then and fuel 1s quite as plenty and at reasonable prices, Added to this, It is bat fair to consider the increased production of the companies and their enormous business and profits, their monopoly being hike an iron hand In a glove of velyot upon the pubilo throat, THE COMMISSION DETERMINED. That there was no time to delay in the matter was promptly realized by the Mayor, Comptrolier Keily and Commissioner Campbell. Mr. Wickham was do monstrative in his expressions, and pronounced the matter of the concertod bids a well- Intd = plans that’ —s every ciltzen demanded should be defeated by any means, Mr. Kelly was thoughttul and reticent, but evidently sought the strong arm ofthe law to back up his own fairly ex: pressod opinion of honesty of purpose and firmness of action, and Mr, Campboll was certain that there was a right vosted in the commission to reject all the bids and seck relief from legislation if necessary, believing that the city could at the worst demand gas upon the samo terme as private indiviauals, make the companicg furnish wt and loot the lili regulariy according to the Tequirements upon the back of the gas bills, if need be, At the meeting of the commission held yesterday the advice of the Corporation Attorney was receives and the opinion expressed by Mr, Whitney, afte: careful and thorough ounsideration of th jestion of ti bids and of the legality of the companies’ charters, is nq Jollows:—‘The bids would seem to furnish conclusive evidence of collusion between the various companicg by which the city is mapped out and divided up bo- tween them, and the city thus deprived of all compotte tion,” THE RKIKCTION OF TUR BIDS, Acting upon this advice, and with the right clearly established to reject any and all of the storing, the commission at once adopted a resolution throwing out ail the combination offerings, and, in addition to thie action, authorized tho insertion of an advertisement in the City Itecord tor proposals for lighting the stroot lamps and public buildings for three months, begin. ning January 1, 1877. CHKAPER Gas, A erent, was made to Commissioner Campbell py the Globe Gaslight Company, of Boston, to hgh tho entire city of New York ata considerable reduc. tion on the present rates, The company propose te use gasoline, A amall tank is placed on the top of cack lamp post, and a peculiar and patented barner suvsth tuted for the present ordinary one. ‘The light thus obtained 's equal in size to @ throe foot cont gas buruer The change will be made at the expense of the proposers, and i( at the end of a year the city tn not satisfied they guarantee to remove their apparatue and restore the jamps to their original con- dition. The company in its bid claims that ite system, 18 in working order in several cities, Upon the pres- ‘ont rates of gas in this city the adoption of this method would insure an annual saving of $170,000, ‘The Mayor presented the fullowing communicatiog from tho Counsel to the Corporation, which was om dered on file: Hon. Wiss » Droposals made by ply to the inquiry by your commission whether there is log joard to roject the bids mad, I bow to say that you have such power. In this case the bids would soem to furnish conctanive evidence of collusion betwee the various companies, by which tho city 1s mapped out au divided up between them, and tho city is deprived of al tition, Very respectful ours, competitio PeCWILLIAM ©. WHITNBY, Counsel to the Cor tion. The Mayor also offered for adoption tho following resolution ;— various dressed me power In your Resolved, That in the judzment of this Hoard t of the Manhattnn Gaslight Company, the New York Gaslight Com etropolitan Gaslight Company, Now Y Muti sligtt Company nnd the Harler pan: ived and oponed Docombor 11, 187 the streets, aver ‘and places ot the'elty with ges from January 1, 1877, to December 31, 1877, are not for the best inserosi of the city, and they are hereby rejected, This resolution was passed by a unanimous vote, The Commiussionor of Public Works presented a coms munication from the Globo Gaslight Company of the city of Boston, as follows, which was ordered on file; Bostos, Dec. 13, 1876, To the Hunorable the Commsstoxxn oF Punic WonKsi— The Globe Gaslil ‘ompany of the city Boston beg leave to submit the following proposition to your honorabl Board, to wit;—The said company will affix their patent “gasoline attachments” to all thi rot terns now im se than @ same to be it in wecorde Keeping the it + Board, painting the lanterns and poste ng least once in the year in The best manner, for this service the city of New York to pay sho raid Globe Gaslight Company the sum of $26 43 f annum, in monthly for each an jamp so lighted vl iven by the Glo fils work, “All of which Tho Globe Gaslt hour nt, F. A. BROWN, ‘Asample of these patent attachments ean bo seen in the offics of your Boars. Keferences—Hugh N. Camp, No. 152 Broadway; Non. Salem I. Wales, Department of Docks; Uh Pratt & Co. No. 128 Pearl street, New York; Hon. K Postmaster, Boston, at Tho Comptroller offered for adoption the following resolutions : Rosolved, That the oroposal onues and places of the city wi months, commencing January 1, 1877, 31, 1877. both days inclusive, be invited by in the City Re for ten consocntive days, sald proposale oF bids to bo opencd xt twolv ack M. oh Thursday, Das 28, Yominissioner of Commisstoner of Public Works be and teil to prepare and cnuse to be printed a ong and aureements the placing or relaying puvem e Works, The rerolations werd passed. Commissioner Camrne.t siated that at ao interviow with tho presidents of the difforemt gas companios they stated it would be impossible for them to reduce the prices set forth in their proposnis, as they had been losing money on their contracts with the city during the past year. THE WHALE UPLIFTED, A novel and interesting experiment was succcesfally performed yesterday afternoon at tho Aquarium, at Broadway and Thirty-ffth strect, The whale was lifted out of bis tank and suspended for over two hours whilo the tank was cleaned, Thero wi large number of people present, and at Yhree o'clock all the preparations bad becu made. 4 strong squaro canvas, perforated by a number of holes about one inch in diameter, was suspended by cig! ropes over the tank, These ropes ran through pulloys affxed to strong suppor, and were each manned by a strong force of men, When the signal was given to begin operations the canvas was raised at ono end and deprossed at the other, and gently drawn under the water to the bot tom of the tank under the whale. It was then slowly hoisted until pear the sariace, and then tho orser was given to howt quickly, Up it wont, and ap went the whale; but one end of the canvas went up quicker than =the other apd the whalu gracetuily slid out and back into the water, to (he intense delight of the children: The vas was lowered and the samo process gone thro failure to Splash Kesoived, he is hereby requ form ot specifi trial the whalo went h stayed there, The ‘way soon again