The New York Herald Newspaper, December 21, 1876, Page 11

\ NEW YORK THE COURTS. Getting at the Cream of the Milk Inquisition, SEA CLIFF FROM A NEW STANDPOINT. se A Woman as a Body Corporate and a Judge as a Humorist. LIVE OAK GEORGE AS A WITNESS. Sharp Financiering as Taught by William C. Barrett. The Court of Goneral Sessions, Port 1, was again largely attended yesterday by those who take an inter- est in the trial of Daniel Schrumpf, of No, 206 avenue B, on a charge of selling aduiterated milk, Judge Sutherland took his seat, as usual, promptly at eleven e’clock, and the proceedings were at once resumed, As already intimated, among the main questions to be determined is the reliability of the lactometer used by tho Board of Health to detect adulterated milk. The members of the Miik Dealers’ Association contend that it is not accurate in its tests. In the immediate vicin- ity of Messrs. Prentice and Hastings, counsel for tho Board of Health, were several distingnished professors and experts. Mr. Louis Wacbner and Mr. F. R, Law, rence defended the prisoner, who did not seem a very attentive listoner to the scientific testimony; but near him sat Professor Doremus, who has carefully watched tne progress of the trial trom the beginning. Owing tothe temporary absence of Protessor Chand. Jer, whose cross-examination bad not concluded on Tuesday night, Professor Charles A, Groesmann, pro- fessor of chemistry at Amherst College, was called as a witness. He deposed that he had nade the analysis of milk a.special study during the past two years; ho thought that the lactomoter was as accurate a test as apy yet introduced and much more easy to be used than any others; the standard of 1,029 specific gravity represented with lactometer by the 100 point mark was recognized by scientific men as the lowest standard of pure commercial milk, and the temperature at which it should be tested was generally agreed upon as sixty degrees Fahrenheit; the opinion prevailed that av: uge commercial milk varied from 1,027 to 1,033 specific gravity; milk tested at sixty degrees temperature and recordmg ninety degrees on the lactometer showed a presence of ten per cent of water, Witness further stated that he was familar with the literature op milk, and irom the 6,000 recorded tests of which he bad read and the experiments which he himself ade 1 ‘Was his opinion that the lactometer was one of the best tests that could be employed. The witucss was cross-examined at great length by Mr. Lawrence, The question was put whether, if bealthy cows were known to give milk which had a’ specific gravity of less than 1,029, would not the lactometer be graduated too high ? but the question, being objected to, was excluded. ‘The witness said he considered that the use of tho thermometer when testing with the lactometer was always necessary; the aualysis of milk was not a pertect test, the question of the absolute correctne: of avalytical tests being still in doubt among scientific men; he thought that the best way to determine the ve substances in milk was bya chemical analysis, nd the lictometer was the most accurate test to fetect the presence of water. ‘The cross-examination of Professor Chandler was pext resumed, He said that the lactometers in’ use by the Board of Health were all accurate at the 100 point mark, which, being the standard, was the most impor- lant; he considered that it was absolutely correct at 58, 88, 104 and 100, and the four instruments with which be had experimented the previous day were all surrect at 100; of two specimens of muk, registering respectively on the lactometer 100 and 95, the latter would contain more wa' witness stated that Dr, Woyte’s report to the Board showed a different result, the milk registering 100 containing most water and Jeast butter; the Dearest average composition of milk would be as follows:—Fat, 3.8-10; caseine, 437, 454; sale, 0.53. water, 86.76; out various compositions | w given ' according 10 the quality of the milk. Counsel for the de- feuce endeavored again to introduce the bottle of white fluid to be examined by the witness. Judge Sutherland observed tbat he had no doubt, trom the deep research that had been made by Professor Dore- mus ip the realms of science, he could produce a fluid which would Jook apd even taste like milk and still pot be wilk. As they were not trying whetber the fluid suld by the defendant was milk, but adulterated cow’s milk, he would exclude the examination of foreign compounds, Dr. G. C. Caldweil, professor of chemisiry at Cornell University, was next examined and corrob- prated thé testimony of the previous witnesses as to the accuracy of the lactometer in detecting adulterated muk. The further hearing of the case will be coutin- ued to-day. SEA CLIFF RETURNING BOARD. In the Heraup of yesterday was published a stort statemont of the battle in a dove cote which has so sadly disturbed the social equilibrium of the ‘Saints’ Rest’ on Long Island. The whole aspect of the mat- ter ceems, if not many, at least two-sided, and the claims of the Battersball or Du Bois party, as stated yesterday, make up but a moiety of the case. As to the statements in reference to the status of the seventy shares of stock, the ownership of which appeared to be the main matter in dispute, it is but fair to sxy, without giving tho legal grounds alleged, that the anti Battersballs deny the facts asserted by their opponents, and set out an entirely different state ef things To decide the controversy in this regard Mr. Traphagen was yesterday appointed reierec. As to tho statement that the anti-Battersballs wero with- out means, they indignantly retort that they did tn- vest lurgely—moro so, in fact, than their adversarice— and that 1t1s to protect their propert) tuey desire to contro! it. Mr. Battersball, they say, was anxious not to curtail expenditure, but to divert as much of the funds as was poxsibie into his own pockets. It is claimed that only last year he nearly succeeded in a scheme to have lits own salary as president of the asso- ciation raised to $3,000 per annutn, to be paid from the alroody meagre treasury, and that he was foiled in this only by the determined opposition of the anti-Batters: bulls, “Besides this, an examiuation of shows that be is in debt to the association to ot some thousands of dollars, for whien the association threaten suit. Falconer, an a: te of Battersbail, and one of the defeated trustees, for tho past tive or six years been the treasurer of the association. The anti-Battersbuils say tuat they have never been able to get aiull settioment of his accounts; that he has misapplied the funds of the association, and that for this reason, if for no other, they wanted ‘a chango.’ They assert that the desperate eilorts of the Battersball “pariy to get into power is to prevent investigation, which now scems inevitable. In these efforis they have been foiled, and **/ine ile lachryme,”” So far, in the cou the auti-Battershail party have decidedly the advantage, Messrs. Iselin and Warver, under whese advice it was procured, seem to bave had bo difficalty, upon their showing of jacts, in obtaining their injunction on Tuesday fast; but when, on Friasy, Mr. Shafler powerfully argued his clients’ case and asked for an order of similar character, Judge Brady \ook the papers, and, after examination, re- turned them witbout allowing the mjunction, In the courts on luesday last Mesers, Fettretch and Warner, Lhe present associate counsel! for the de tacto trustecs, gained all that they seemed to want, and the Court re- fused to proceed in tho manner urged by Mr. Shaffor. The defence say they are ‘advised to believe” that their election cannot be disturbed; that they are sure of the sapport of the reputable citizens of Sea Clift; that they have already cut down the expenditures and put the association upon a better footing than it bas Blood on fur years. Like our candidates for the Presi. dency, they say that they are elected; unlike Samuel and Rutherford, they have been duly spaugurated, and rumor has tt that from the halls where th o meetings are held ofton rings the inspiring chorus of “Hold the Fort, MEMENTO OF WM. C. BARRETT. The financial operations of Wm. C. Barrett, the quondam New York jawyer, but now supposed to be tegaling himsolf in travels abroad, aro being developed jn the courts, Early in January, 1876, Mr. Barrett obtained from the Merchants’ Bank of Canada $8,000, for which he cepositod as collateral 100 shares of Adams Exp Company stock, and subsequently Obtained Fi, more on the same security, Tho certificate for the stock was in tho name of Degrasse ‘Livingstone, who gave it to Mr, Barrett as security for a loan of $3,167 52 Suit was brought by the bank against Messrs, Barrett and Livingstone to test tho question as to the ownership of the certificate in dispute, Mr. Livingstone setup in his answer that the loan to Mr. Barrett was through confidence of the bank officers in him, and that the certificate not veing transferable, thoy had no right to make the Joan apom it, they did, Mr. Livingstone makes the further allegation that Anna jL Vingstube deposited with Mr. Barrett $5,000 in Un States bonds which now belomgto himself, but bad never been reiurned or made good by the defaulting aid absconding lawyer. The caso came to trial before Judge Van Vorst, holding Supreme Court, Special Term, who yesterday gave his deci Vorst holds (hat,'r. Livingstone, having delivered the secip for the stock 1b question with the usual form an- nc xe, enabled Barrett to use the same fora loan; tbat the bank acted in good iaith in making the loan, the title legal and equitabie having been passed, through a blank being lett to fll in the name of a party to whom tho same had been transferred, He holds tur. thor that the executing of « papers! th character and annexing (o ita serip for eck aad delivering it to a third person Would justiy others with dealing with the bolder as though the person who had signed it had no further iaterest iv the stock. A judgment was accordingly directed in favor of the bank. NOISE AS A NUISANCE, The evidence in the Albony apartment case was closed yesterday, betore Judge Sanford, and the sum- ming up for the defence was made by Judge Emott and the plaintiffs’ case by Mr. Davies. It was shown by the evidence that the defendants’ marble works were built partially upon the plaintifis’ premises; that the plaintiffs suffered damages by being compelled to goon and build their building smaller by some six inches in consequence; that sabsequently finding a nuisance from the noise, General butterfeld offerea the, defendants, in a iriendly way, to pay the expense of removing the machinery to the centre of derend- ants? building, and to give the marbie works $5,000 or $6,000 worth of marble work at Keater’s own prices and also to give defendants a deed of the strip of inches of land upon which defendants were trespassers if defendants would remove their machinery a fow feet and thereby abate the noisy nuisance. This the defendants deciined and said their property could be bought. Then suit was commenced. Noise and dust were proven and shown by various witnesses, includ- ing Judge Barrett, Colonel Gonraud and Mr. Parsods, ot Barney, Butler & Parsoos, ali of whom testified clearly as to poise, dust and injury to plawtifts’ premises. ‘The defendants proved that their machine best of its kind, and one witness testified that there was little or no noise whatever irom their m: Tt was claimed by tue defendants’ counsel that there Was HO cause of action; that the tenauts of the Albany wore Fifth avenue arisiccrats, and that piain, common people did not object to the marble works. Judge San- ford took the papers, reserving his decision. QUIMBO APPO CONVICTED. When the Chinaman, Quimbo Appo, was called to the bar yesterday morning in the General Sessions, Part 2, before Judge Gildersiceve, the court room was crowded, Tho prisoner, who, unlike most of his coun- trymen, wears a sandy wig, was indicted for the killing of John A. Kelly, at tho Howe Lodging House, No. i92 Chatham street, on the morning of the 21st of October last, The circumstances of the case have already been fully detaiied, It will be remembered that on the morning in question tho pr soner and Kelly met on the janding, when the jatter struck the former aud pushed him down stairs, The prisoner then pro- ceeded to the sitting room, where he followed by Kelly, who again struck him. Appo retreated, bat suddenly turned and stabbed his assailant three or jour tines, rom the eflects of which he died, Severai witnesses, who saw the occurrence, were examined by Assistant District Attorney Herring, who Conducted the prosecution, and the prisoner, in reply to Mr. W. F. Howe, who defonded him, stated that he took the knife out of bis vest pocket simply tv defend himsel!, because be believed his iife m aanger. Hr, Howe made an able and vigorous address on his bebalf, submitting that the terrible provocation given the prigoner, no matter what his previous character might justified the deed. Counsel in conclusion delivered @ sympathetic appeal on behalf of his chent, who he said was friendless and an outcast, bat was never- theless entitled to justice as well as the highestin tho land. Mr. Herring, on the part of the prosecution, reviewed the evidence that bad becn adduced for tho people, and contended that it pointed clearly to the guilt of the prisoner, who had previously undergone sentence of death, which was afterward commuted to ten years’ imprisonment. In charging the jury, a Judgo Gildersleeve observed that they ‘must bo satisfied that Quimbo Appo had rea- sonable ground to upprohend that he wus in danger of great bodily harm at the hands of Kelly beiore they covid acquit him, and they must determine whether Appo followed him up unuecessa- rily. The Judge then instructed the jury as to tho Jaw bearing on the case, and they retired at four o'clock. The jury returned at six o'clock for instruc- tions, and at Hall past cight o’clock brought in a ver- dict of manslaughter in the second degree, The pris- oner, who received the announcement with churacter- istic indifference, was then remanded lor sentence. JUDICIAL HUMOR. Chief Justice Davis, of the Supreme Court, with all bis bearing and dgnity, has evidently the keenest ap- preciation of humor, and while on the bench rarely lets an opportunity pass to get off his * little joke,” Among the multiplicity of casos brought before him yesterduy in tho Supreme Court, Chambers, wes a mo- tion to vacate ap attachment against F, R. Marks and others ip a suit brought as p.aintiff by “Tho Adjustable Folding Chair Company.” The defendants were employed as agents for the sale of the ckairs in this city, and, upon a charge of having collected and appropriated to their own use the sum of $1,500, an order of arrest was issued against them. Colone! A. ‘H. Dawson appeared for the plaintif. He stated that the real phunuff was Mrs. Isateila Wallace, “How a woman can transiorm herself intoa body corporate,” interrupted Judge Davis, “i8.a mater worth inquiricg into. I would like to hear you (ai- dressing (he counsel) as to the process of a woman organizing herself into an adjustable folding chair.” (Laugnter.) “VIL give you all the light possible on this subject,” replied Colonel Dawson, and he then proceeded to road a very lengthy and deeidedly high flown aMdavu. “Is tho affidavit you are reading written by the lady im question?” said judge Davis, interrupting him after he bad read three or four pages, “it was written by her counsel, Colonei Dawson. “Oh, 1 ack your pardon; the thought struck me it might’ be written by a woman,” quietly replied Judge Davis, which provoked a general smile. Again, taking up the cudgel tor his clients Colonel Dawson said that the defendants came to Mrs. Wallace for the agency, bogging, pleading and even biubbering to get ik “There is no ‘blubbering’ specified in the com- ”” remarked Mr. Gleason, the opposing counsel, will assume there was’ *blubbering,’”? quietly romarked Judge Davis, which provoked a burst of laughter which could with difficulty be repressed. The entertainment jasted about an hour, ana ended in the Court taking the papers and reserving decision. GEORGE LAW IN THE CRUCIBLE. ‘The mammoth contractor for that mammoth ptece of masoory the High Bridge and whilom candidate for the Presidency of the United States, George Law, seldom puts in an appearance in the courts, and then only when impelled todo so in obedience to the im- perial mandate of a subp@na, He made such an ap- pearance yesterday, but the rigid inquisttion to which he was subjected by sharply quostioning lawyers was evidently taken as coolly as the announcement of the disastrous culmination of his Prosidential aspira- sir,” responded tions. The object of his examination, which took piace in the Supreme Court, Gen- eral ‘Term room, was to discover bis movetary relations with Jacob J. Van Pelt, against whom J. 8. Carpentier bad obtained, in a suit in the Supreme Court, a judgment for the sui of $2,000, and the execution in Which bad been returned uusatis- fied. Mr. Carpenticr’s lawyers, Messrs. E. & B. J. Blankmanp, want to prove that a conlession of juag- ment by Mr. Van Pelt in Mr. "s tavor for the sum of $49,000 was in fraud of Carpentier. Mr. Law stated that be rented Mr. Van Pelt a sawmill at the foot of Tenth street, North River, and that the contes- sion of judgment was for the sum of $2,000 ioaned and to cover arrearsot rent. As ter as he knew the confession of the judgment was all fair and square, His further examination will be resumed this morning. FIGHT OF CROSSTOWN RAILROADS. The declaration of hostilities between the Central Crosstown Railroad Company and the Christopher and ; Tenth Street, Bleecker and Fulton Street and tho Twenty-third Street Railroad comparies was revived yesterday in a long and sharply contested argument by counsel representing the various roads mentioned, upon the question of the continuance of the recont injunction obtained by the first named road against tho others, restraining the building of a road through Fourteenth street or any interference with its track, Judge Sauiord, holding Special Term oj the Superior Court, beard the argument, the Central Crosstown road being represented by Messrs, Simon Sterne and Rufus B. Choate, the Bleecker Street Railroad by John M. Seribi , the Twenty-third Street and Ubristo- pher Street lines by Osborn Kk, Lag Substantially ‘the same points were raised on both sides os on tho recent arguments upon a similar motion made in Su- preme Court, Chambers, a quite fully reported at the timo, RAPID TRANSIT. In the suit of Patten vs, the New York Elevated Railroad the appeal was not from any judgment of the Common Pleas given alter trial, but from an order upon aflidavit granting 4 preliminary injunction before trial, The appeal was taken with great doubt as to its success, for by some strange anomaly or probably oversight in the code, while appeal may be taken trom such an order when made in the Supremo Court, it scems not to be appealable when made 1p the Common Picas. It was thought best, however, to test the question, for if the Court of Appeals could be induced to look into the matior a trial could probably be rondered unnecessary. ‘The Court of et ei has, however, decided, has been noticed, and {8 now on the calendar tor trial before Judge Von Hoesen, of the Court of Common Ploas, the trial having been postponed from day to day toawalt the decision of the Court of Appeals, It will probably be tricd to-day. It will be romembored that asimilar injunction was granted im the Ninth avenue e, which, after a delay and stoppage of work tor four bance was floaily tried and the injunction d solved. It seems to be the fate of all railroad improvements in this city that tl must wade to fipal victory and pubhe usetulness through a sea of injunctions, but at whose cost those who indulge in the luxury can best vetermine, BOB HART'S CHARGE, The habeas corpus proceeding instituted by Mrs, Almira Sutherland to obtain possession of her daugh- ter, Carrie J. Sutherland, aged thirteen, who for tho past turee years bas been living in the jamily of “Bob Hart,” the Ethiopian comedian, does not progress ag was the |, rapidly asanticipated. All the parties were in court yesterday, accompanied by their respective counsel, expecting tho taking of testimony would be com- meuced Lefore the referee; but, owing to the absence of Judge Brady, the matter was postponed until the 4th of next mouth, The young girl, or rather a young lady, a8 She appears to be, Was accompanied by two young lady fr.evds, ull three of whom chatted togetber in the liveliest manner imaginabie. A sligotly dramatic incident occurred which 18, perhaps, worthy of note, Tue mother, who was seated remote (rom the others, by her- self, beckoned to her daughter to come where she was. ‘The daughter said that if the mother wanted to see her she must come where she was, as she did not caro to talk with her privately. Upon this unexpected rejoia- der to her request the mother burst imto tears, and Bob Hart, with that fellow feeling which makes us wondrous kind, stepped over to her told her not tw mind what Carrie gaid and wound up with inviting ber to spend a week at lis house, where she would have abundant opportunity to visit and talk with her aaug ter, It is stated that Mrs. Sutherland seems to exbibit tokens of r ting, and that she has gone so far as to say that if ber daughter will be pier in the family of Mr, Hart thav bving with her sbe is willing to hay her remain there. itherto she has expressed the greatest anxiety from the fear that her daughter may be induced to go upon the stage, ACQUITTED, BUT A PRISONER. A novel case came up yesterday in the Vourt of Gen- eral Sessions, Part 2, before Judge Gildersiceve, which afforded considerable merriment. Edward Craft was indicted om the charge of forging and uttering a check for $463 on the Second National Bank, signed by Mrs. M. E. Dows, of No, 55 West Twenty-third strees The prisoner was defended by Mr. William F. Howe, who promptly detected that by some clerical error the bank itself, according to the construction of the sentence ade to appear ag the utterer of the check in ques- ead of the accused, and that count was accord. ingly sotasice. Again tho counsel ascertained tha although the check was drawn on the Seo- ond National Bank, the letter “d’? was omitted in the indiciment, making it read “Secou— National Bank,” upon whieh siate of tacts he moved for the ac quittal of the prisoner, The motion was dented, how- ever, and the prisoner was tried for forgery, the teller of the bank merely testifying that the prisoner bad presented the check for payment. In this predica- Tent, and when jt seemed more than provable that Craft’ would go free without a full investigation, As- sistant District Attorney Herring, who appeared for the prosecution, stepped into the breach and moved that the prisoner be acquitted on the ground of va- Fiance between the proof and the indtetment. The jury were directed to acquit the prisoner on that ground, but he was remanded for another trial, SUMMARY OF LAW CASES, In the suit of Jobn B, Clausen against the South Brooklyn and Park Railroad Company an application for the appointment of a receiver was yesterday de- nied by Judge Davis, Jobn N, Haas, proprietor of the National Garden, in the Bowery, was yesterday temporarily restrained by Judge Davis from giving any further pertormances in his place until be pays his license fee. Houston Racker has brought suit for divorce against his wife, Mary G. B. Rucker, on the ground of alleged adultery, and yesterday Judge Davis granted an order of publication of summons in the case, In the suit of Maria Algio against Fernando Wood, Judge Sanford, of the Superior Court, yesterday on- tered an order exempting the detendant’s property tom tho judgment lien pending the appeal to tho General Term, Ernst Gabler hired a plano of Mr. Munzinger, which was seized by Lubescher, a marshal, upon execution, Suit was brought by Mr, Gabler to recover $400, the alleged value of the piano, The caso came to trial yosterday before Judge Freedman, holuing Trial Term of she Superior Court, Before J udge Sedgwick, bolding Trial Term of tho Supreme Court, Mrs. Josephine Van Loughton yester- day obtained a verdict tor $7,000 against James H. ‘Traverse for alleged slander, No deienco was made to the suit. In the suit of The Poople ex rel. Ellen M. Doubleday vs. ex-Comptrolier Green un order was yesterday en- tered by Judge Davis substituting Joba Keily as uc- fendantin the case. It is expected that similar action will be faken 1n numerous other sulis pending against the city, : iu the trial of the suit of the Emma Silver Mining Company vs. Trevor W. Park and others, belore Judge Watiace, in the United States Circait Court, Mr, Chit- tenden yesterday continued to read froin the minute book of the company, occupying all the day, tho testi- mony of Mr. George Anderson, the original chairman of the company. ‘The potition of Rebecea L, Mutter, a policy bolder in the defunct Security Lite Insurance Company, tor leave to intervene und be heard in the Attorney Gen- eral’s suit to ciose the corporation, was yesterday granted by Judge Davis, Tue petitioner nad a policy Jor $6,000 oa the iiie of her husband, James L. Muller, who died November 26, 1876. The case of the Unitea States against James Mc- Grath occupted the entire day"in Judge Benedicr’s Court yesteraay. The prisoner ts charged with having turnisbed Joba Nolan with counterfert firty cent pieces at various times. The pritouer was convicted of a #itniiar ofléuce about a year ago served a short ter: The case 1s Btill on. The terms ot ollice of United States Attorney Bliss and his associates expired yesterday, and no successor to the principal having been yet appomted, it was de- cided, on consultation witu the judges, that Mr. Bliss should renew his oath of office, in order that oilicial business muy not be interrupted, Mir. Bliss was ac- cordingly sworn anew into office yesterday by Judge Blatchiord, of the United States District Court, The trial of the suit of the Rogora Locomotive and Machine Works against the Irou Muuutain, St. Louis Southorn Railroud Company, before Judge Lurri more, holding Supreme Court, Circuit, was yeste! day postponed till to-day, owing to tbe iliness of a Juror, Auother branch of the Supreme Court, Circuit, presided over by Judge Douolrue, also adjourned, Judge Donohue having to attend the funeral of a relative, A verdict for $182 32 was obtatved yesterday betore Judge Sedgwick in a suit brought by Henry Shaler wgainst tho National Butchers und Drovers’ Bank. ‘The defence was that the plainti bad not in his pos- session a deposit ticket for the amount sued for; but it was proven that tue amount oi the deposit tered on bis passbook and also in his check book. Jacob Degraat bas brought suit against Solomon Simms and Thomas Livins toc $5,000 damages ior al- Joged siander and malicious arrest and imprisonment, Ho charges that he was designated as a thiet and a swindler, arrested without cause aud locked up fur seventy hours io a police station house and subse- quently released by a pulice magistrate, no one ap- earing against him, The defence general denial, The trial of the case was begun yes! Lawrence, holding Supreme Court, Circuit, Benjamin F. Russel ana 1. W, Kearney ap) the plaintiffs and Lewis Johnston for tho defendants, Jobn F, Trow & Son, printers, sued John R, McDevitt, Howard Campbell and William Gibbon in the Marine Court, to recover $297 26 for printing the Lsycological Medico- Journal tor May, 1875, The deivadants answered, setting up that the price was too nigh, and that they had been injured by reason of plaintiffs’ delay in getting out the numbers in time, and the mount vt this Injury they set up as a counter claim against tho plaintiffs. To this defence of delay tho Plaintiffs rephed that it was caused by defendants’ delay in sending in copy. Un the trial of the case belore Judge Alker and jury yesterday the plaintiff's got a verdict for the full amount clajmned, Samuel T. Hoffman loaned to Michael K. Burke $35,000 on bond and mortgage for five years, with the usual stipulation that if the semi-annual interest was not paid within thirty days from the time it became due the same could be foreclosed. Such interest not having been paid suit was brought to forecioxe the mortgage, the case ocing tried yesterday betore Judge Barrett at Special Term of the Supreme Court, defence was an exaction tor the first year of turee per cent, additional to the seven por cent allowed by law, and on this account it was sought to have the bond and mortgage declared nuil and void, A judgment was given for the plaintiff, Mossra, Miller & Pockham ap. pearing for the plaintiff and Mesers. Willlam Ware eck and, William K, Newman for tho defendant, DECISIONS. SUPREME COURT—CHAMBERS, By Judgo Davis. Builing vs. German Savings Bank.—Motion denied, ‘with $10 costs of opposing same, Griffin vs, Raynor,—Movion granted for frat Friday of January, 1877. Linscot va. McC ‘Motion granted, costs to ablao event. Answer to be reserved, and insuo to be for the first date of service of answer, Zueig vs. Bretz—Tho defendant is not shown to have a piace of business in the city of New York with. in the meaning of the code, Order vacated without costs. Ward va Carring.—Motion dented, By Judge Donohue Astor vs. McClaye,—Motion granted on payment of $10 costs, to be costs in cause; cause to Ko on calen- dar to ve tried when reached, By Judgo Brady, Felt vs, Tiffany.—Opinion, Archer ¥s. Philadelphia Sus, Bluestone Company.— Bond does not comply with rule thirty-four !n iorm, SUPREME COURT—-SPECIAL TERM, By Judge Barrett, Platt, &c,, vs. Degraw and others.—The motion as appears from tho lastseutence in Mr. Crowell je upon © specific ground that tho amended answer was interposed for the purpose of de- priving the detendant, Piatt, of the benellt of a trial at the present December term. This cannot weil be as the defendant, Piatt, was not im a position (without regard to the amended answer) to insist upon a trial at this term, That had héen already decided prior to the service of the amended answer, nor need the defend. ant lose the January term if he has been diligent in ving an answer tothe amended compiaint. This ter was served December 16, and thus t) suffictont tine to pot in answer and notice for January, At all events 1 cannot say that there is no doubt that the pleading was interposed for bad faith and for the mere purpose of delay, and the Court should be prowy Clear about that velore strking an entire pieading out, Motion devied with $10 costs, to abide the event, Brown, &c., v8 Devlin et al.—I seo no reason to change the opinion doliberately formed in the case of Brown vs. West, that there is nothing in the pleadings necessitating a trial by jury, That being so, it is proper to adopt the suggestion made by Justice Bixby At the Close of his op:nion sending the motion for wave to discontinue before me. It is a proper case for the exorcise of this discretion, for 1 find on examining the auswor thas no counter claim is set up, and that tho | man, grand larceny : | ———— reply was unnecessary. But, further, if a count claim existed upon the authority of Justice Brady's opinion, 7 Abb. N. 8. 39, and cases there cited, leave to discontinue should be granted, as the defendants have acquired no right of which they would be de- prived by a discontinuance. The motion must be granted, By Judge Van Vorst. Ebert va. Montgomery et al,; Merchants’ Bank of Canada vs, Barrett aud another,—Judgments for plain- til, Opimons. CALENDARS—THIS DAY. —Held by Judge Davis. — 2, 84, 4, V5, CcoURT 0. 242, » 382, (inetusive). SUPREME CoURT—GENERAL TkRM.—Adjourned to December 28 Svrneam Cocnt—Srrctan Tenu—Held by Judgo Barret, —Case No. 183 No day calendar, Scuraxae Covnt—Cimecit—Port 1—Held by Judge Donoline.—Nos, 675 1s, 2883, 191534, 2039, 862, QOL, 2015, 209i, 2527, 172344, 2175, 2379, 1093, BSil, 1, 1111, 3107, 2485, 09, Part 2—Held by Judgo Lawrenco.—Nos. 1404, 560, 10, 8728, 3582, 2568, 2786, 119834, 8263,, 2646, Jsso, ‘3522, 552) 1898, 9709,” 3140, 1376. "Part 3—Held by Judge Larremore.—Nos. 3915, 1609, 174144, 3581. BRIOR COURT~GRNERAL Tero.—Adjourned for term. No day calendar, Covrt—TkiaL Term—Port 1—Heid by Nos, 250, 417, 486, 687, 443, 475, 313, 486, 1000, Part 2—Held by Judge Freed- man,—Will assist Part 1 in disposing of its eniendar, Common PLvas—GeNenaL Tea. —Adjounet for the term. Common Pixas—Kquity Teru—Held by Judge Van ; 5. 2, Hoesen. — 2 21, 25, 28, 2 Common Puxas—Tniat Tena, —Part 1—Adjourned for Van ‘apt.—Nox, 8, B78, 407, 937, 785, 347, 027, 502, 1066, 1087, 1072, 756, 996, 18, 927, , 1007, 1103, 1106. Part 3—Held by Juage Robin- —Case on—No, 668.) calendar. Manne Court—Tkiat. TeeM.—Part 1—Held by Judge Shea,—Cuse on——No. 4902, —Held by Judge Alker—Nos, 5510, 5228, 5484, 3807, 2293, 5478, 5523, 7165. Part Judge Goepp.—Nos. 61s, 719, 7158, 689, 4531, 5751 668, 5780, 8838, 5789, 7009, x Part 2—Held by Judgo Gildersleeve.—The Peoplo vs James McManus, burg- lary; Same vs, Hugo Hirschfeld, forgery; Same vs Jaines H. Porter, forgery; in ©, Arches son, false pretences; 5 and Will- 1am’ Fitzgerald, false pretences; Same ys. ‘Thomas Cole- came v& Henry Hughes, attempt ine vs. Wolf Culen, felony; Samo ya. Charles Wilson, petit larceny. Part 1—Held by Judge Sutheriand.—The People vs. Thomas Farrell, felony; Same vs John Madden and Frank Madden, robbery, Svrenior Courr—Srreiay Tere. Surenion at grand larcen: NO COMPROMISE. THE GOLD COMPANY'S LITIGATION—SEEKING TO DISCONTINUR THE SUIT AGAINST MR. HATCH. In the Kings County Supreme Court the suit of Charles ©. Young, a stockholder of the Smith & Parmiee Gold Company, against Albert H. Pritchard, President of the company, and others, came up yexter- day. It was set forth in the complaint that fraud ox- isted in the bankruptey of the Smith & Parmlee Com- pany in the year 1871, im the appropriation of funds, the selting of mining lands, which were valuable, under small judy’ $ Obtained by Mr. Priteh- ard, Mr. Drake and others, end in the start. ing of the New York and Colorado Company with the property of the company. Rufus Hateb, verug the only defendant who hud not compromised the case, tho plaintiff tnade a motion yesterday to disconunue the AUIt against him. The counsel for Mr, Hatch, however, opposed the motion, unicss all the costs and all allow- ance were given. In his affidavit Mr. Hatch stated that, notwithstanding the other defendants had coi promised, both betore and since thoy bad declared that all the avermonts wero false and the charges un- founded, and that the action bad bevn stigmatized by them as a blackmail suit. Mr. Hatch further siated that so far as he was concerned tho charges were false, and he also believed they wero fale ax against the other defendants until the settle. ment was made. He protested against the discontinu- ance of the suit, and aiso to the applicat on of the stockholders’ money to suppress the charges. If tho charges were well tounded the severest penalties shoud be put upon the deponent and his co- trustees, and they should be openly disgraced; but it they were not true then a like pupishment should be meted out to the piaintim. If the action wi for the purpose of biackwaii then the defendants wero eowaras to pay. The defendants were knaves to con- ceal and escape their havriities for their misdeeds by disbursing the property to others if the charges were well founded. “There was no pitch on bis fnger: Mr. Hatch declared, and he owed it to himself and the stockholders that the truth be developed. The Court reserved its decision, COURT OF APPEALS, ALBANY, Deo, 20, 1876. In the Court of Appeals, Wednesday, December 20, 1876:— No. 105. Concklin vs. Taylor.—-Submitted, No. 110, Cook vs. Clark.—Submitted, No. 11L Greene vs, Thomas.—Submitted, No. 23, Stewurt vs. Beale.—Argued by Francis Ker- nan tor appellant; Kt. &. Audrows for respoadent. No. 106, Rebertson vs. Atiantic Mutual Insuranco Company.—Argued by Samuel Hand for appellant; Jobn E. Parsons tor respondent. Adjourned. CALENDAR. The following is the day calendar for Thursday, De- Sums 21, 1876:—Nos, 87, 109, 114, 113, 115, 116, 117 and 120. UNITED STATES SUPREME COURT, Wasutnatox, Dec, 19, 1876. No, 121. Bond et al. vs. Moore—Error to tho Su- premoe Court of Tennessea,—In this case the Court charged that the impediment of non-intercourse be- tween the States by reason of tho war was removed by tho actual cessation of hostlities, and that the timo when the cessation occurred was a question to be de- termined by the jury trom the proofs before them. ‘The error assigned is this ruling, and it 18 contended that it was a question of law to be decided by tho Court, and that the instruction should have been that no intercourse was Jawlul until alter the date of the President's proclamation declaring thé war at an cod im the territory cust of tho Mississippi. The case ts upon the sufficiency of a protest of commercial paper as affected by the condition of war, Submitted on the printed bricis. E. J. Read for plaintifls in error; R, G. Merrick for detondant. No, 145, Atlantic and Pacific Railroad Company and the Pacific Railroad Company vs. Hopkins.—Tnis was the garnishment of the plaiutiffs in error in a suit against the St, Lawrence and Denver Raliroad Com- pany, and the question to be determined 1s whether the Court below could render judgment against them without suit, the claim boing that it could not; that final judgment cannot be rendered against a garnisheo who denies indebtedness without suit. There is also the further question whether the assignee of the Deu- ver road is resporsible to the lessor tor tho rent jointly with the lessee. J; P. Asher for plaintiffs in error; 3, B. Wheat for defendant, No. 148. Humos, assignee in bankruptcy of Scroggs, vs. Scroggs & Robinson—Appoal from the Circuit Court for Alabama.—This was an action by the as- signee in bankraptey to set aside a conveyance by the bankrupt to tho detendants in error on the groand of fraud, the first named deiendunt being the wife of the bankrupt. The Court susiained the conveyance; and it is here tosisted that the decision was an error, particularly so far ag it sustained tho sale beyond the amount of the actual conaideration for its execution, Case submitted on the printed brief of F. P. Ward and T. ©. Fullerton tor the appellant, the appellees not appearing. No. 147. Ono hundred and ninety-nine barreis of whiskey vs. United Siates—Appeai from the Circuit Court tor the Kastern district of Texae.—This was a condemnation of whiskey for having been removed to a place other than a bonded warehouse before payment Of the internat revenue tax, and tor being fraudulently and jilegally marked and branded, It is bere con- tended that the proceedings to enforce forfeiwure Were not commenced within twenty days next after the goods were seized; that the ‘acts which constitute the cause of action and offence that would subject the goods to forfelture sro not sot out in the libel, It is also urged that the Court erred in admitung tn evi- dence the entry, bond and cancellation certificates, J. M, Burrougi pellants; Assistant Attorney General EB, B. Smith tor government. "No. 149. City ot Winona va, Cowdry—Appeal from the Circuit Court for the District of Minnesota.—This was an action on bonds issued by the city In aid of the construction of the St Paul and Chicago Railway Company, which was subsequently purchased by to Milwaukee and St. Paul Railway Company. The do- fence was that the bonds came wrongtully into the hands of the former company as tue successor of tho latter, without a full compliance with the terms of the contract by which the city agreed to subscribe the vonds. The Court susti validity of the bonds, aud it is here arged tl did not justify the decision and that the court was without jurisdiction because of the Rohn gf of tho parties, Thomas Wilson for appellants; H. R. Bigelow for appeliees, ONE IS ENOUGH, George M. Faun, of No, 320 Kast Thirty-ffth street, was arraigned at the Filty-seventh Street Court yos- terday, and was committed for examination on his wife’s complaint, whose life he threntened to take with a carving knife, It was alloged by the wifo that he was the husband of two other wives, which was the cause of all her sorrows, and she requested the Court to commit him until she could procure evidence to corroborate her assertion, Mr. Faun said that the trouble with hia wife was that she was joalous of him without cause, and assured the Court that he found quite enough to do keep one wife without taking the responsibility of three of them. FELONIOUS MASONRY. John Quinn, of Stapleton, by trade a mason, was, yesterday arrested, with two accomplices, one a woman, charged with robbing the stores of R. Trindio, New Brighton, and Albert Kobtnston, of Rocky Hol- low, of goods to the value of $3,000. A portion of the oods taken from tho store of dir, Trinule was found g the police in a thieves’ den on G street, Stapleton. Commitved to the County Jail, “tion, A great specialty with this house is the depart- CHRISTMAS PRESENTS, Where Dry Goods and Faney Articles are Sold for Santa Claus. HERALD, THURSDAY, DECEMBER 21, 1876.—TRIPLE SHEET. LOOKING OVER HIS PACK. | —__—_— The Christmas present buyer this yoar will of neces* sity seek for urticles of use ay well as beauty, Those who make presents of diamonds and other precious | stones will be very few compared with those who will | haunt the dry goods and fancy stores, For more than @ fortnight back Eighth avenue, Sixth avenue, the Bowery and Broadway have been Siled with cager buyers, jostling one another as they passed in and out of the stores, with their arms full of things to be hid- den until the merry day shall dawn again, wuaicns’. Among the places where the buyers flock in hun. dreds—one would be safo in saying thousands—is Ebriohs’ famous Eighth avenue store, Thero & great reduction im prices has drawn a mighty crowd, | Tor there is nothing like a bargain to tempt the nimble sixpence, At Ebrichs’ will be found furs for the million at such prices as these: —Real 1 muffs, all witb fur patent ring and trimmings, reduced to $6 50, $7, $7 50, $8 50, $9, $10, $12, $14, $16; real seal sets, muff and long boa, redaced to $14, $15, $16, $15, $22, $24, $28, $52, $95; real mink muffs, all four stripe and | with fur ring, at $7, $8, $9, $10, $12, $14, $18, & real mink sets, muffand jong boa, at $14, $15, ¢: $22, $24, $28, $30, $25; French imitation mink sets, muffs (silk lined), long boa, at $395; French imitation seal muff (silk himed), fur ring, at $2 15; imitation lypx muffs, good quality, at $1 95; real geal sacques at $60, $55, $65. A great reduction will be found in prices of Alaska sable sets, silver beaver, silver otler chinchilla, squirrel, astrachan, Russian lynx sets, squirrel linings for siik circulars at $9 75, $10 50, $11,$12. Children’s sets of muff and boa may be had for 5 cents and up, and furs for trimming, now so fashion- able, in every variety, Gloves ofevery kind and quality from the fleece lined for 21 cents to the sealskin tor $4 and upward. French kid gloves are also to be had at very low prices, The Ebrich kid glovo, two buttons, is sold tor $1 25; threo buttons, $1 35. In tho hosiery department will be found ladies’ solid colored embroi- dered hose, reduced to 380 cents; Balbriggan hose; silk clocked, all colors, 25 cents; English striped hose, regular made, 35 cents; ladies’ cashmere hose, all tho new sha 35 cents; fine cashmere hose, regular made, $1. In woollen goods are ladies? and men’s un- derweat at prices that muke it out of the question for any one to suffer with the cold who has any money at al, Laces of every sort, made up and by the piece, tempt one to make festive the undecorated robe de nut oranything that trimming improves. What do our readers think of rough beaver cloaks for $1 50, aud fur trimmed cloaks for $340, and ha for 62 conts and upward! Flowers, leathers aud velvets at proportionately low prices. Besides those interesting features ure fancy jewelry, silk umbrel pocket- books and toys as cheap as cheap can be; dolis trom 6 cents to $12, and Punch and Judy shows at $1 and $1 60. So that tho Christmas buyer can till his entire stocking hero attention is called to a candy counier where Whitman’s Philadelphia sweets are gold, STERN BROTHERS, Stern Brothers, Sixth avenue and Twenty-third Btrect, have on exhibition one of the finest assortments of holiday gooas to be found in tho city, A great quantity of newarticles have been received this week and are now offered for salc ata considerable reduc. ment of Huropean fancy goods, containing a fine dis- play of goods suitable for holiday gifts, Among these fre gilt and bronze articles, Russia leather goods, Paris and Viepna fans, ana aa innumerable array of toilet articles, &c. Real laces aud mado | up aco goods’ make a tempting display, and umong the most desirable articles for Christmas presents are the imported kids, Lupia’s and Courvoisier’s Paris made gloves in particular being in constant demand, Ladies’ cloaks, dolmans, sucques, puletors and wraps of fine quality are beiag’ sold ata Teduction of almost Oty per cent. Tue price of ladies? undergarments has likewise been much ro- duced, In tho same department may be found any quantity of silk and linen handkerchiefs of different qualities and low prices, and of ribbons, neck wear and other small articles, A low scale of prices prevatis_ in the well supplied silk and velvet departments, Tho store 18 open throughout the evening, and those who do their shopping at this house cannot fai to mako rare bargains during the holiaays. LORD & TAYLOR, Lord & Taylor, Broadway and Twentieth street, are welling ladies’ suits aod Overdresses at @ ravaction Uupun the prices which prevailed last week. Colored cusbmere suits cost $10; the same, with damassé over- skirt and jacket, $18 60, Camel’s buir suits, in two abades, cost $15, and serge sacks with silk (rimming, which lormerly sold tor $28, now cost $22. Kine Cushinere suits trimmed with silk have been reduced from §30t0 $25. Biack and colored silk costumes aro sold at about one-hall the former price, The display mado in the fur department 18 unusdally rich and at- tractive, beth {rons the flne quality of the goods on exhibition and the decided reduction in price, Seal- skin retains 1t¢ great popularity. Coats aud sacques of this fur vary in price irom $80 to $450. Mulfs cost from $7 to boas from $10 to $27. Among other desiravle, turs are the chinchilla, white tox, silvered otter, mink, && A Russia sable mail may be bad for $125 or $150, Camoi’s hair shawls usually sold at prices ranging from $100 10 y bo bad for frors $75 to $z0U, The most expensive cost $1,200 to $2,000, Such prices, however, aro but rarcly paid. Several thousand dresa patterns are offered ata discount of nearly one-third on the former price, In fact, through- out the present week the opportunity of making bar- gains will be one which seldym occars, One of the most attractive departinents in Lord & Taylor’s uptown store 13 that where fans are sold. They ato exhibited in great number and in great variety of quality and design and price. ‘The department of Russia leather gous is aiso very complete, the display proving irro- Bistibly attractive to purchasers in quest of bags and pocketbooks tor holiday presents. Indeed, one re- quires nothing but money and discretion to onable himself to procure a fine Jot of articles suitablo for prescutation to bis [riends on Monday next, KINZBY'S. A benign old St. Nicholas stands a3 a beacon light in front of Kinzey’s, on Broadway, One is not surprised that the old nian’ makes that place his beadquartera, Let us accept the polite juvitation that beams trom his oye and glistens on his rosy cheeks, and follow the crowd surging in, and what do we find? Everything that hearts can desire im the way of fancy articles. Russia loather goods that send their pleasant tra- urance up to the dry goods hung ceilings, from portemounaies at 20 cents to those for $5. Pictore frames, im velvet and gilt, ws low as 19 cents; Swiss carved, porcelain und walout trames, and Photograph albums that hold twemy pictares, tor 25 cents, and larger and better ones for $40. In the sta- tionory department are all the fashions in note paper; hear that the toilet articles—soaps so cheap that a man in the middie of the ocean would find it no e: pense to wash himeelf ashore; perfumes enough to scont overy handkerchief in New York, aud combs and brushes in ondloss variety; writing desks from 31 cents to $24; bronzes from 50 cents up, and Vienna gilt bronzes as cueap. Painted Swiss goods, napkin Tings, paper catters and match sufos. And only ivok for a moment at the dolls, jointed dolls, erying dolls, dressed dolls for 15 cents, and wax eryihg dolls, with hair, for 20 cunts, Think of that, ye baldboads! and crystal goods in dazzling protusion; enough to create breeze on tho calmest day, in pearl, edony, silver, giitandivory. In st Nick’s own department are ailroad depots, kitcheng, smoking men, cows that give milk, pertorining bears and enough curious toys to set the children wiid with delight, One's bead swims in going irom counter to counter, where he sees kid gloves at 31 cents, hundker- chiets at 7 cents and things generally so cheap that ho feels poverty no deprivation. M’CREERY'S. James McCreery & Co., corner of Eleventh and Broadway, bave made a decided Increase in stock of goods to meet demands of the holiday trade. oir display of silks i among the finest in the city, including every variety oi color, quality and price, One of the finest is the “Antwerp,” forty-eight and fifty-six inches in widih and from $10 to a a yard in price, It is in great demand whenever a superior quality of silk is needed tor circulars, sacques, ko Amorican silks mage by Cheney ors, rect Brothers are sold only through this house, and one line of their make has been reduced to $1 50 per yard. The most a ey color aguin this year cardival red. known as bunter’s crimson ws the 418 rivalled, howover, by a dark shado Fat Dark brown, blige and tonaole for street weur, but jor ‘eddings the most desirable shades are gray, white and cream color. The prices range from $2 to $8 per yard. McCrecry & Co. make a special teatare of weading garments and are engaged at prosent in the preparation of several elaborate trousseaux. They havo also between 2,000 and 3,000 dress goods patterns tor holiday presents. One of the most desirable siiks to be o tained at this house is the “cashmere sublime noir.’’ Velvet for cloakings is rimmings, $2. Damazed is worth $15 per yard; for worth irom $2 to $5 per yard; matelussé, from $3 to $4 50. je form: ‘much ‘used for overskiris this year and the latter for dolmans, In the Indien’ department special attention is paid to the manufactare and trimming of walking and evening | hate, which are displayed in a most tempting array. | Among the various kinds of gloves may be mentioned the deservedly Widow Jouvin kid,” of which MeCreery & Co. wle agency. In the mourn. | ing department there large siock of Henriett cloth, serge imperial, Sieilienne cashmere, Thibot cloth, &c, Tho silk department, as previously mon- Uoned, is remarkably weli supplied, and more business | hes been done in this branch this year than at any provious time since 1870, Camei’s hair goods, mohair, aipaca, merino, &c., are displayed in great quantity at the aecusiomed prices, DANIRLL’S At Danieil’s, No. 759 Broadway, near Eighth street, May be tound an extensive stock of goods of made of black dress silks. Lace and silk handkerehiefe are displayed in infinite variety of quality, design and price. Ae assortment of nearly 3,000 real lace barbet is for Salo at @ reduction of forty percent, Jewelry of French, E and Oriental m fans, poekou Russia leather, and a large stock of Dg cases, work boxes and Japan ese goods are selling rapidly at the reduced prices, No part of this store is more amply provided with ap- propriate articies for the holidays than the gentiemen’s furnishing goods department. Smoking jackets, dress ing gowns, toilet arucles, silk handkerchiefs, &e., are to be had at much less than the customary price, The unbrelia departinent contains a large and cheap assort- ment of ladies’ and gentiemen’s silk ambrellas, of both baglish and American m In short, no one engaged opping duricg the jays can make his money £ urther and fare better than at Daniell’s dry goods house, writing desks, d POUROPEAN NAZAR. Further down Broadway we come to the great Euro. | pean Bazaar, where will be retailed, until Christmas abums, toys, jewelry, painuings on poreelain, nese ware, Swiss carvings, glas dolls, bronzes, Russia leather goods, and al! atsuch prices as only exist when tines are bard and money 18 scarce, THE FAST MAIL MUDDLE, THE FXPRESS COMPANIES BLOCK THE WAY— DRIVE OVER THEM—-WHY THE FAST MAILS ARE STARTED IN THK EARLY MORNING—A TWO-HOURS' DELAY YESTERDAY. Nothing new occurred yesterday in the squabble on fast mail facilities between the postal authorities and the Pennsylvania Railroad Company, with the excep- tion that the train which was to leave at 4:25 a, M. did not get off until 6:25, two bours Inter, The cause of the delay was that the Adams Express Company car jumped the track, and was not righted until tho last mentioned time, A GREAT DISAPPOINTMEN, The intelligence that the railway communication with Philadelphia and the South by means of the fast | Mail train would be restored was good news when it came, “The Widew,’’ as tho train is affectionate! styled by the road men, was eagerly looked for, and when tho snow storm juterfered with the running of the train even anxious publishers were willing to bow in obedience to the elements and find no fanit, But the story of no mail car in readiness at Jersey City, the imperative demands of the railway people upon Postinasier James that the mail mauer should be sent over by the three o’clock boat, in order to be do- spatched on the train leaving Jersey City at 4:25, and the tact that the express company’s matter was all duly shipped and forwarded while the mail was left behind, ‘was avother feature that seemed unaccountable, So far as the Post Oflice authorities are concerned, tlie resto- ration of the fast mail is in tue hands of Mr, Theodore N. Vail, Géneral Superintendent of Railway Mall ser. viee, who arrived in New York on Tuesday, and hae since been busy in trying to arrange matters with the representatives of the Pennsylvania road in order to overcome the delay. THK EXPRESS COMPANIES. Tho legislation eflected at the alleged instance of the express company combination was the means of in- creasing the rates of postage upon what is known ay “third class’ matter, including transient uewspapers, books, pamphlets and merebandise, ana for a time the companies were complacently satisfied with the result, But tho public demand for cheap powial rates was too powerful to be resisted; the cheap tariff was restored, and it {show a clear question whether the influence of the express companies 1s not to be discerned in the avnoying delays which the mail ts subjected to at Jer. ity. The time of staring the wagons from t Post Office is about 2:45, in order to catch the three o'clock boat, by which, it is claimed, the railway people have aright to demand that the mail matter shall be sent, and in this matter tho only course teft the Poste master is to obey the dictates of the men who control the road, Under the contracts with the Pennsylvania road the express compauy pays for the privilege of havipg then cars hauled over ihe road, The company owns the cars, and by recent changes in the man- ner of handing the freght and waybilimg adopted by the Adams Express Company the work is done at Jersey City, a large force of clerks and men isemployed at the wharf over the river, and they are masters of the situation, at least ip this particular, Mr, Henry Sandford, General Superin- Vendent, 18 the officer of the company in charge of the business on the early tratn, and the advantage of carly shipment is one which be ts quick to realize, That the railroad company acted in good jaith in the fast mail offer is not doubted either by Postmaster James or by the Superintendent of Mails; but the matter of adjustment of the ciflicuities and the abate. ment of the vexations and annoyances 18 clearly ba- tween Mr. Vail on the one side ard Mr, Thomson, who represents the Penneyivania Railroad, on the other, Colonel Scott keeps away in the background, The express companies ruther ingolentiy ask to be consulted in this matser betore aay improvement can be had, VIEWS OF OXE WHO KXOWR, Mr. R, ©, Jackson, Superintendent of Railway Mail Service for the district cumprised in the Middio States, expressed himself as follows last evening to « reporter of the HeraLp:—‘'The whole matter can b piained in atew words. The fact is that there has been much misapprehension on the part of the public, as well uy on the part of the evening newspapers of this city, io regard to the benefits conlerred upon the country by the fast mail service, which 1s now clearly proveo by tho report of the government Special Railway Com- mission, just presented to Congress, This commia- sion has found only what was already well known to the Post Office officials interosted in tuis matter, that the benefits were not confined to any ot section or to the immediate route tr postul cars, but were conterred in greater or less degree upon the people of the whole country from ocean to ocean. lp discussing the establishment of the fast mail sorvice this point has been lost sight of, ag each one viewed the mutter from his own stand. point, ae not seeing in every case tho benotit to bis own mail matter overlooked the advantago it might be tootters, For instance, it was supposed that une starting time of the mails from this city was mainly for tho beuellt of t ew York morning papers. Itis true that it did reguit in taking those papers out at very carly hour, but that was by no mosns the sole advantage from the New York point of view. It was demonstrated that tuly 150,000 letters were posted in New York city that would have re. maived over balfaday were it not forthe fast mail, la fact, the fast mail, starting eight hours and three. uarters after the latest previous train for Chicago, ichivered ite mails more promptly than had becu done under the old schedule of eight hours and one-quartei rier, Moreover, this earlier hour of starting the fant train—4:15 A. M.—not only gathered in all that the very latest moment, vut was timed to Aibany so asto make the exceedingly ime connection from New Ei leaving Boston at nine it will be acknowledge advantageous for business espondence, and thus practically includes most of nglund, Then this train proceeded westward from Albany, exchang- ing mails at every point along the routo during day- got, and, of course, gave the grea! facility to the Jarger cities, mainly mCentral New York. Thus far the despatch of the maiis and their coonceti ia porly explained as conducted trom this office In regard (o the delivery of the mails, the question hag often been asked, ‘Why not start: tho fast is in the evening?’ We have partly shown, what is really the case, that everything west of Cleveland was do. livered by this fast mail as early as if1t was despatched portant the mail hour which, at halt-past eight in the evening by the Great estern evening train, Suppose we had started the mail, sa; nine or ten o'clock in the eveuing, assuming tl the hail-past eight train world be rather early to gather in ull the correspondence, what would then be tho effect? In tne first place a largo part of the way service uf the State of New York would be lost, and next we would reach builalo with our mails at about eleven o’clock, instead of three by tifo fast mail, At this rato tho gain would be three hours to suffalo, but to no other place, as vo groat railway connections are made there at that hour, Our next important point would bo Cleveland, where me advantage would be gained lor that city itsel ag at Buffalo, but none for the adjacent couniry, ni important trains leaving Clovelaud until evening, the same time at which our Jast mail cars arrive Wuore Beyond Cleveland we are due during the night with our ten o-clock train, which at the best caunot reach Toledo in time for any business pul nor jn time to make any counoctian with trains from that point te eeeseg se without ap entiro change o! the railway schedule, On reaching Chicago, say al three in the morning, no advantage whatever could accrue to the public, a8 DO trains go out ol that city at that hour.’? ADVANCING RAILROAD RATES, The combination of tho trank Ines fora uniform and advanced rate of freight charges having been xo- complished the next move is said to be an advance of passenger rates, The managers of the several roads met yesterday to arrango the details of the new freight schedule, and contradictory reports of their action were circulated on the street, On ono band it was claimed that everything relating to tho new freight schedulo had been amicably settled and that an advanco in passenger rates would follow in @ day or two; on the other band, there are reports that the goneral treight agents of the respective lines cannot agree and that the advance agreed upon by the managers last week cannot be carried into offect, Amother ro- port wont round that tho presont advance had been aefinitely settied, and that a sull higher rate was in contemplation and would be put in next month, It ts generally bolioved that tho passenger rates bo. tween New York and Chicago will be raised from $13 to the old figure, $22. LAW STENOGRAPHERS’ ASSOCIATION. At the annuai meeting of the Law Stenographers’ Association, heid on Saturday, the following officera were clected for the ensuing year;—Presdent, George R, Bishop; Vice President, E. C. By ; Secretary, George Wright; Treasurer, Hen: ory description suitable for boliday presents, At no store in the van en dry goods, fancy goods and novelties of all kinds be bad for a smoiler price, A specialty is Ex. amining Committe, William T. benvene tn C'Non cross, Frederick J. Warburton, The annual dinnor will take place at Delmonico’s on 3a