The New York Herald Newspaper, January 12, 1877, Page 10

THE COURTS. The Beatitudes of Club Life, with Its Legal Jeopardies. SOCIETY SCANDAL. A The Contestant in the Boardman Will Case Sning for Divoree. FALSIFYING A LOG BOOK. a Some five years ago there was organized what was Known ag the Worth Club, It numbered about 100 members, including in the list such well known gentle- men as Abrabain Spaulding, Zachariah K. Simmons, J. HL Adams, George Law, Je. ; Foster Dewey, LD. Kiers van ands. B. Spinola, Aclub house was bought and finely appointed, and delicacies in and ont of senson sould be had under its social roof, Finally it collapsed, and then unpaid creditors bogan to be clamorous for their pay, Among the creditors was (he tirm of Park, Tilford & Co., whose bili for cigurs, liquora and the like amounted to $1,052 22 A sutt was brought against the first three gentlemen named above to entorce pay- ment of this indebtedness. The suit was brought in the Suprome Court, and areferee appointed to take the testimony im the case reported that the bill was a proper one and the defendants justly Hable for its pay- ment, An appeal was taken from this decision to the Supreme Court, General Terin, where the case yester- day was argued at considerable length, Mr. Stephen A. Walker, who appeared jor the suttors, stated that the Worth Glub had no constitution, bylaws, or writ- tep rules or regulations, und kept no record of its proceedings; that tt was a mero body of men associated together for the commen purpose of social enjoyment, each paying entrance fee and annuai subscriptions, and exch being ended to share a the te und profits, there were any, result Ing from the assogiation and joint investment; that tue furniture and otber property, belonged to the members, aud that bad the club dissolved cach would have been enutled to a siarc m its proceeds, unless, as 18 almost a uniform ralo hh eases, the proceeds were extausted by the nt of debts cont in the n wenton to say tbat the only association for business purposes recognized by law afo corporatians, Joint stock companies, partnerships und joint contractor: Juja down the broad proposition that the word has no definite legal import; that the ovaission of the members to torm 4 constitution und bylaws makes them, a mere body of associates. whose personal habi- Jity ts regulated by the principles of the common law, i tined that tho bill in question was incurred on edit of the members and that 1 was sup- that Darting, the purchaser, was both ember of the club and its steward. Mr H.W. ri tor the club, insisted. that the club house of the artieles purchased iF subsequent use by Darhngand sales to mem- < could not be twisted into a ratifloation of tue pur. chase and lability for the accoumt, He insisted, fur- ther, that thero 18 no authority tv show that a member of Uke club is hable to creditors of the club, except ko far as by contract or dealing he has made himselt personally liable. At the close of the argument the Court took the papers, and the decision no doubt will be looked for with mnvers of different rinhs of the city, who, 1 possible contingencies, may risk of becoming Navie for debts similarly con- "dy DIVORCE SUIT IN HIGH LIFE, A divorce suit of unusaal interest on account of thi large wealth and high social cbaracter of the parties to the sult has been commenced in the Supreme Court, the developments of which, when all the facts becomo known, will probably be of an exceptionally exctung nuture, In fact there are two suits, the ono inativuted by the wife being supplemented by a cross action by the husband, Tho case came up in Supreme Court, Chambers, yesterday before Judge Donohue, on a mo- tion growing out of a commission to examine cortain persons in Boston, 1t bemz insisted on the motion that who appear the parties thus sought to be examined should be | Vrought on here to give their oral testimony. The names of the parties to the suit are Anna Newell und Lorenzo A, Newell. cording to the statement of the plaintifs counsel the purtics were married in 1865 in Boston. e bride was not then out of her tcens, but, notwithstanaing her youth, was, own; to ber great ‘persona! beauty and high’ accompli ments, In the circle of society in which she moved quite a prominent belie, She will be remembered as having figured conspicuously in a prominent hitgation im Bosten growing,out of the contest in the Buaruman will case, She was anadopted daughtor of the decedent Boardman, who Jett a vory large estate, bequeathing ber $2,000,000, as she alleges, but the will containing tuch bequest, as she avers, having been destroyed. Mr Newell is 4 wholesale merchant in tnis city, being senior be e well known firm of Newell & Smith, of N y. Ho has the reputation y of large wealth, but 1s some ton years her senior. Itis alleged that she inarried him apon the recommenda. tion and earnest solicitation of Mr, Boardman. Sho charges him with forgetiulness of his marital vows and with having formed a liason with the proprietress of a fashionable op town millinery establisnment. In ibe counter suit he charges her with like oblivious- hess of ber marital ooligations, but makes the charge ut particularization vf the names of paramoure, [vis stated that when tho oral Kenjamin F, Butler will 1. Meantime her present ton. Knox while the aefendant is represented by Elhott and Whine. In regard to the apy fulier examination of the parties in Boston than ts ethrough the medium of a commission, Judgo Dovobue took the papers, reserving his decision, Of course in a motion of this Kind the merits of the caso ure but slightly touched upon, but counsel state that both parties emphatically deny the allegations mado against them, and that each have thrown down the gaunslet of proof. THE PUBLIC ADMINISTRATOR, ‘The matter of the estate of John Sheerin, deceased and the accounting by the Public Administratér was upon the referee's report before the Surrogate a few days since, the question involved being the lability of the Pablic Administrator for a loss of $377 incurred to an estate by the failure of the Third Avenue Savings Bonk. The facts are that when Mr. Algernon 8. Sul- livan became Public Administrator the above named benk had already failed and wos in the handsofa receiver, Among the assets of the Sheorin estate the Administrator found a bank book op the bank and bas mince collected and row includes in bis account alt the dividends paid by the receiver, The deficit is de- manded by the next of kin and it is sought to charge the Pabiic Administrator with the Joss, it appears case comes to trial Gi that the deceased died about April 22, 1875, and the on estate thon came into the ot Isaac Daytou, who was then Public Admin tor. He found this bank book, and regarding tho eposit an investment made by the deceased for the sake of interest did aw out the money. A few months luter the bank tailed. The referee, who audited the final accounting by the present Public Ad- ministrator, held that the jaiter wax responsible for the joss by the failure of the bank, trst, because it is the duty of the Administrator to ‘collect the account and “deposit all moneys by him collested and re- teived’’ in the bank designated by the Commen Coun. ctl (and Jt 18 admitted that such suvings bank was no ko dosignated), und, second, because there was evi- Ave- time tho re- nue Savings Bank for solven Detore its failure. On the motion to ortthe Public Administrator excepted to the above id the cake was decided yesterday, Alter ment the Surrogate sustaine the corroctness of He holds that gull ary the Public Administrator's account, the ev falis far short of establishing a eneral nm which wenld raise 4 pre- umpuon wiedge ot its anseand condition on the part of the Public Administrator, but, on the sontrary, that the evidence shows that th ood Fepute as to solven fhe Sur im that the Public Administrator was not guilty of in faibng 10 draw the money trom the Third Avenue Bavings Bank; that tho investment was originally mado by the intestate, and that it nowhere appears at the Administrator knew of any snprcion as to eney of the bank, of that be hud not exercised prudenes in leaving the investment ax do- and that the statate did not require tho trator to collect deposits from £8 banks ax vemng cash in tis hands, but leaves it to sound diserction. The account es rendered ts there- ture sustained. c OVENING W SERENTS. ‘yhero appears to boa prospect of the speedy open- Ing of new streots in the Twenty-third ward. Through application of the Commissioners of Central Pork, Judge Donohue yesterday appointed Messts, Joseph Binmenthal, Henry Lewis and Meyer lbutzel Commis. sioners of Extimate and Assessment jor the opening of 189th stecet, trom Harlem to song Island Sound, " following are other vento wid street openings im regurd = to waten the Central Park Commissiouers, on wehalf of the cry, are i ot similat Commissioners stroet, from Harlem River to the Southern Bomievard; of West. eboster avenue, from Third avenue to ¢ Bronx River; of Clift street, trom Toird Of 1Gist street, Irom Jerome (late Central) to The we; of 165th street, row ween to Union ‘of Tinton avenue, from Werte! or a oi t ptreot; of rospect avenue, fro? 1osth m of Willis avenue, ‘of 146th street, from of 166 strect, from Third to the Southern Boulevard; 1467ta street to Third ‘Third to St. Ann's ave NEW YORK HERALD, to Elton avenue, and of opening and widening of Mor- ris avenue, from Third to Railroad avenue, at 146th street. ALLEGED FICTITIOUS LOG BOOK Tho trial of a somewhat curious case was com- menced yesterday belore Juage Lawrence, holding Speetal Term of the Supreme Court, According to the complaint Messrs. Ye Castro & Co., who ‘wero shipping and commision merchants itn this city, chartered from Brett, Son & Co., the brig Nollie Antrim. The brig was totake a cargo from here to Carthagena, stopping on the route at Santa Martba and Savanilia, | the charter contract they steamer merchandise which the:r agents had been notified in arivance. to adjast the matier the own- the reason tor paasiog by the je statement of the captain, that he waich they had bee: port of Savanill: weather, anda log book confirmatory of such state- went was produced as proof, lt was inally agreed to leave the inatter to arbitrators, who decited against the chartering party, basing their decision on the re- Re of the captain of the org as to the weather and re- ving on the truthfulness of the log book, Dissatished with this decision Messrs, D, de Castro & Co, brougnt | suit againss Brett, Son & Cv. tor damages, whieh came to trial yesterday, It is claimed by the plaintiffs that the captain’s statement as to the weatuer 16 erro- neous and that the log book was {aisified to sustain bis statement, Ex-Judgo Jones and Witham M. Hoos ap. pear tor the piaintifts and Messrs. Beebe, Wilcox aud Hobbs for the defendant, SUMMARY OF LAW OASES. Judge Speir yesterday settled tho case in the old | suito! Horace B, Fry against Gardner 8, Spofford, proiiminary to an appeal, ‘The suit grew ont of @ pure tions taking piace in Burope. An application was made yesterday to Judgo Dono- hue to vacate the order of arrest againss David F. Jamieson ip the suit for limited divoree brought by his wite, Mary L. Jamieson, The Court took the papers, Betore Judge Van Brunt, holding Supreme Court, Circuit, a verdict for $535 was yesterday given for Catherine L. Wells, in ber suit against ex-Sheriff Con- ner, the full facts of which have been publisied. James Brown was yesterday arrested and brought before Commissioner Shiclis charged with passing | Ernest Pardloy, No. 101 Wooster street, He was com- initted in default of $500 bail, ‘There was an argument yesterday betore Judgo Don- ohue in the habeus corpus proceedings to obtain pos- session of Emma Welcn, aa orphan four years of uge, Both tather and mother are dead, A sistor of the | Jather de: the child and a woman in whose caro she was placed by tho mother 18 anxious to keep her, ‘The Court took the papers. | Corporation Counsel Whitney 1s rapidly reducing the | nutnber of euits against the city. Within she last two days there have been voticos of discontinuance in jorty suits, ‘The presumption ts that tho good work will go ob as thus most auspiciously begun. | Chauncey R, Weeks sent in a potition yesterday to Julge Pononue asking ty be relieved, as executor of ert W. Kelly, who died in this city in 1853, leaving a ine roperty. Daniel Drew was one of the original | executors, but alter bis bankruptcy was removed on his own petition, No deciion bas yet been given, Margaret Becher brought suit against Martin Bochaas and others, executors, which was tried yesterday be- fore Judge sedgwick, in the Superior Court Her | another, on ber deathbed, gave her $900, which rhe gave to her father to Keep for her, and the latter bav- ing died, bisexecutors refuse to pay her tho sum, and hence the suit. She was given « verdict for $1,026, being the iull amount claimed, with interest, Mr, Stewart L, Woodiord was yesterday appointed United States District Attorney in place of George Bliss, whose torm of oflice had expired, Mr, Woodford has bad large legal experience, and his appointment gives gonoral sutistaction to the Bench and Bar. All the United States Judges wrote Mr. Bliss lowers re gretting lis reurement from the position be has so Jong and ably filled ag goverment prosecuting at- Court, Cireutt, ‘The plaintiffs claim payment for $5,000 worth of type furnished in 1873. The point of taw involved m the detence {x that the trustecs aro not Jiable, the purchase not having been made under au- thority and that they were not trustees at the time. ‘The case is still op. William Demuth claims $5,000 damages from the American Institute for refasing to give him a place in the tai for bis goods after having paid in advanco for such privilege. The detence is that the management has a right to reject goods intended for exhibition betore or after one of itsaonnal tairs, Chiof Justice Curtis, of the Superior Cor betore whom the case wus tried, dismissed it, holding that the defence | was good, Mr. Demuth did not feel satisted, and | terday the case was settled prelimmary to its being curried to the Court ot Appeals. {In the Supreme Court, Genoral Term, yesterday, most of the day was occupied iu bearing arguments on | appeais in eriminal cases, First was that oi Walter ! Jenuings, convieted of burglary in the third degree, whoso discharge iked for because the commitment | sailed to state wi nd where the crime was coramit- { ted, The second was that of Matth’ Zeigler, who | pleaded guilty of selling obscene literatarc. His res- cue from the penalty of bis crime is also sought upon n technicality; and the jast case was that of George Withs, convicted of petit larceny, which counsel claims was not Jarceny. The Court took the papers in ench case. ‘A question whetber Sergeant Miller, whose dismis- sal from the police force bas been declared by the Court of Appeals to have been illegal, 1s entitled to pay for the time he compulsorily ‘stepped down and out” has not yet been decided by the courts, Before Judge Donobie there wus argued yesterday the cation for a mandamus against the Police Commu ers, directing them to make requisition on the Comp. troller for some $3,000 claimed to be due Sergeant Miller under tho Court of Appeals decision. Jad, Donohue said that, under another decision of 1 | Court of Appeals, it woulg be wecessary to show that the salary claimed had not been patd meantime to some one else, and thus the case stauds at present. The suit of the Emma Silver Mining Company against Trenor Park ana others was resumen yester- terdoy before Judge Wallace, in the United States Cir- eurt Court, The cross-examination of James E. Lyon wecupiod tho whole of tho session without eliciting anything of spectal interest or importance, The case will be resumed this morning. DECISIONS. BUPREME COURT—CHAMBERS, By Judge Donohue. Matter of Cockroft.—Motion denied. Matter of the Waring Rock Drill Company.—! wish to see counsel. Hetlbrun va Racey et al.—Tho defendant is allowed to submit the findings to Judge Van Brunt, Bamberger vs. Hyams, —Uonder tho stipulation signed by tho parties 1 wink it 18 yal that the defendant account to the receiver for the money collected under it. 4 SUPERIOR COUNT-—SPECIAL TERM. By Juage Van Vorst. Manning et al. ve. Stern. rder settled and signed. By Chiet Justice Curtis. Demuth vs. The American Institute.—See memoran- | dums of margin of amendments fo cts case, By Judge Santord. Kurshoedt ve. Thenil et al.—Order settled. Boekover vs. Haines.—Order sustaining aemurrer, Fry vs. Spofford,—Case settled. Letan engrossed or Printed copy containing the exhibits be presented to ino to be approved and ordered on file, By Judge Sper Shaw vs. Farwell et al, —Order di | with $10 costs of motion. missing complaint, trial. Chatterton vs. Mulford.—Motion dismissed. Fleivch! va. Setter ct al,—Order settled, May vs. Schuyler et al.—Motion denied, with $10 costs. Commercial Bank vs. Eccles. —Order allowing plain- tifl tive per cent extra allowance on amount recovered, Menzler vs. Bilhogs Jrom imprisonment. COMMON PLEAS—SPECIAL TERM. By Jodge J. F. Daly. Carpenter va. Basset; elgned. Lowenstein vs. McCarrin. —Motion granted. Jews undertaking be filed. Seo opinion. In the matter of Gardes,—Citation jasued, MARINE, COURT— CHAMBERS, Ry Judge McAdam. Bratnord ve. Langer.—Opinion fh dered. plaint dismissed, ew VK ppointed. nied, bat speedy trial Talng vs. Levy.—Cor r vs Covert; } seberiner, Receivers a | granied. | Roe v4 Rovbins; Granz vs, Kum!,—Defaults noted. Hol and ve, Captknight,—- adgment jor plaintiff. Ciaflin v& Goldsrith.—Motion cenied; abide event. GENERAL SESSIONS—PART 1, Bofure Judgo Gildersieeve. | PLEAS AND SENTENCES. Lawrence Campbell, who gave his residence as No. 415 Fast Filleenth strect, was Ibappeared that the priso amounts on bebalt of an imi four children, He was final December Ho was sentenced to six months’ tmprisonment, A COLORED ‘HLUFBKIN,”” arrested on the 14th of | Witham Williams, a negro, known among his friends | as 'Biucskin,’? was indicted on the charge of stealing | a pocketbook containing fifty cents from the pocke | of corner of Wost and Franklin streets, He was con- victed and remanded for sentence. 4 SNEAK THIEF PUNISHED. John Ward, aged seventeen, who gavo bis residence as No. 133 West Fifty-third sti on the 2d of Do- cember went to the residence of Dr, Satterly, No, 158 Madwon avonue, and, having rung the bell, gave the servant a letterto deliver. In her absence he stole several articles of wearing apparel, including a fur- Inned overcoat, im ali valued at $108. The thie! mado off, bus was soon arrested. On being arraigned he pleaded guilty and was sentenced to tour years in the There was to be paid $3,000 for the roundtrip. The brig did not stop at Savanilia and the plaintifis claim that in consequence of aiailure to fulfil this part of ere obliged to ship by | waiting to put on the brig, of the expected arrival of hen an | was prevented iromdoing 0 on account of stress of chase and sale of railroad stocks, some of the opera. fifty cent counterieit coins at the lager boor saloon of Phyte va. Cary et al.—Order amending minutes of Order discharging defendant Matter of Havens —Orders Durian vs. Central Verein, &c.—Motion granted un- Coulter vs. Stevens.—Motion to # ide granted, | Croker vs. en; Gattenburg vs. Morgan; Preplo vs Loudinsky; Beveridge vs. Biglan.—Proceedings disminsod. Levy ve, Abrahbams.—Motion to vacate arrest de- srule; Hock vs, Sin- Raynor y Worl; Dusonbury vs, Jossup.--Motions $10 costs to nged at the bar charged with receiving money wader false pretences, had collected various inary poor womad and i yesterday ploaded guilty to the charge. Patrick May, while asicep iu @ liquor saigon at the Btate Prison, A FAITHLESS DOMESTIC, Bertha Cohen, aged twenty-three, employed by Monhetm Brock, o! No. 207 Last Tenth street, on Octo- ber 30 store a diamond ring, valued at $150, from her employer. | Penitentiary for one year. GENERAL SESSIONS—PART 2 Before Judge Sutheriand, TNE FERRY TICKET CONSPIRACIES, The further hearing of the case of The People against Jxeob Ht, Van Valkenberg and George W. West, charged with conspiring to cheat and defraud the Pennsylvania Railroad Company as ticket collector and ferry muster, respectively, was resumed yester- day morning, The court was largely attended ana considerable interest svemed to be manifested in the proceedings. The witness, William N, Platner, for- merly a ticket collector in the employ of the com- pany, who had already testidled as to his own com- plieity with the deiendants, was recalled and exam- ined, He testiled as to the manner ip wnich he com- municated tho facts to the company. Mr. further cross-examined him as io his means of support, and be admitted that his expenses during and prior to the trial were paid by he company. In response to Mr. Charles W. Brooke, | counsel tor the prosecution, the witness stated that | he had not been promised any reward, nor bad any in- ducement been held out to him, directly or indirectly, by apy person conuected with the Pennsylvauia Com. yior the part be had taken in this case; nor had e been promised immunity trom prosecution by any pergon representing the company. Robert N. Cofnan testified that he was delegated to count the pas- songers on diferent occasions when the de- fenvants were on duty, William Van Zee, a ferry master in the employ of the company, testified that on ono occasion the defendant, Van Valkenberg, suggested to him ‘‘to tuko a slice’? as well as anybody else, but that he retused, aa he did not consider he was entitled to any money not belgnging to him. Wilham Armour, oue of she employés in the waiting room of the ferry, testified to having seen the deiena- ant, Van Valkenverg, asicep In Ing box while cling as ferry master, and Plasner, who Was then acting in the capacity of collector, discharging tho duties of jecry master at the same time during Van Vaikenberg’ nap. He also testified that Piatner allowed sozeral persons to pass through without giving them tick aecepting thoir money, and when Van Valkenberg r turned to bis post handing him a bundle of tickets, The farther hearing of the case will be resumed this morning. THE MILK INQUIBITION. Mr. Prentice, counsel for the Board of Healtn, moved that a day be designated for the commencement of the trial of parties charged with selling adultorated milk 19 violation of the ordinance. Mr. Lawrence, on bebalf of the Milk Dealers’ Association, resisted the motion, urging that 1t would be unfair to put the detenuants to trai before the decision of the Supreme Court in the case of Schrumpf had been given, After suine discussion the mutter was allowed to stand over until next Monday. frederick Brune, of No. 121 Chrystie street; Henry Glenz, of No. 402 East Eloventh steect, and August Friemun, of No, 20 Essex atrect, pleaded guilty to indictments charging them with having adulterated miik in thoir possession, and wero fined $50 exch, COURT CALENDARS—THIS DAY. Surnemx Count—Cuamusne—Held by Judge Dono- hue.—Nos, 6, 69, 149, 174, 176, 207, 234, 241, 249, 261, SUPREME CoURT—GxxxRAL Tenm—Held by Judges Davis, Brady ana Daniels. —Nos. 5, 544, 6, 13, 18, 19, 22, | torney in this district. 0, 31, 32, 33, B4, 85, 36, 37, BY, 40, 42, 44, 45, 46, The suit brought by Bruce, Son & Co, against the 3° 60 j, 89, 90, 134, 1 9. ‘180, trustees of the Hepublie association’ came to trial yes- | 34h 166 6, 00, 7, 84, 8, 9, 194, 175, 174, 170, 140, terday belore Judge Van Vorst, boldiag Supreme |“ surnmae Count—Srrcial Term—Held by Judge Nos, 46, 47, 64, 65, 53, 95, 97, 104, 105, 103, 50, 87, 117, 118, 119, "120, 121, 324) 125, 126, 127, 128, 129, 130, ‘181, ' 132,’ 133," 144, 145, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152. Scerxme Court—Cinctit—Part 1—Held by Judgo Van Vorst.—Short causes—Nos. 4267, 3970, 3705, 3653, 4271, , 4047, 8981, 4227, 4255. Strrume Court—Uincuit—Part 2—Held by Judge Van Bruot.—Short causes—Nos. 3966, 3518, 3740, 3512, 2168, 3828, 3388, 3578, 4236, 4284, 4206, 3992, 4150, 4162, ald. Supreme Covcet—Cincuit—Part 3—Held by Judge Barrett. —Short causes—Nos, 4003, 2555, 3106, 4021, 2703, 38S1, S209, 401, 4245, Ol, 4261, 4263, ‘SureRiok Count--GExknaL TkRM.—Adjourned sine ie. Scrxnion CourT—SraciaL TrRN—Held by Judge Speir.—Issues of fuct—Nos 20, 1, 58. Surmmion Court—Trial. Txum—Part 1—Held ; Judge Sedgwick,—Short causes—Nos. 379, 1106, 981, 982, 764, 11 Common PL¥AS—GeNERAL Tknm—Held by Judges C. P. Duly, Larremore and Robinsop.—Nos, 33, 13, 30, 81, 9, 23, 26, 29, 89, 44c, 19, Common Pivas—Equity Tenm—Held by Judge J. F Daiy.—No day calendar. Commox PLEAs—TRIAL Tenm—Part 1—Held by Judge Van Hoesen.—Nos. 850, 384, 143, 1004, 798, 370, 915, 745, 726, 827, 583, 478, 371, 305, 959, 1039,’ 1065, 723, 1223, 1139. Common Preas—Triat Tenm—Parts 2 and 3—Ad- Journed woti! first Monday of February, Maninx Cournt—1xiaL Tenu—Vart 1—Hold by Judge Shea —Short canses—Nos. 8048, 5892, 7695, 7378, 7712, 7882, 8489, $490, 7066, 7742, 8990, 9095, 8173, 8174, 7418, Part 2—Held by Judge Goepp.—Short causex—Nos, 8986, 9024, 7670, TOT1, 7196, 6443, 7040, 6830, 7295, 6172, 7137, 6932, 3595, 7265, 7668. Part 3—Held by Judge Sheridan.—Short causes—-Nos. 7652, 7672, 7741, 8977, 8078, 0014, 8921, 7962, 9015, 8709, 7407, 7736, 7745, 7764. COURT OF GxNRKAL Suastoxs—Part 1—Held by Judge Gildersiceve.—Tue People vs. Francisco Bagone, felo- pious assault and battery; Samo vs. John O'Keefe, burglary; Same vs. William Murphy ct al., burglary; Same vs. George Curtin and Charles Riley, burglary; Same Thomas Murray and James Ryan, burgiary; Samo vs. James Brady, burglary; same vs, Thomas Meore, burglary; Samo vs. Stephen Coblioger, bur- ginry; Samo va Phillip McLoughlin, graod larceny; Same vs. Harry W:lltams, grand larceny; Same va Emma Biglin and Kate Smith, grand larceny; Samo vs. Alfred 8. Brown, grand larceny; Same vs, Catha- rine Clark, grand larceny; Same vs. Jobn Delahanty, grand larceny; Same vs. August Meyer, grand lar: ceny; Same va Frank Foiton, gravid larceny; Samo vs. Harry A. Marston and George Harris, gambling; Samovs. George J. Krouse, misdemeanor; Same vs. Gustav Heinze, tnisdemeanor. Part 2—Held by Judge Sutherland.—The People vs. Jacob H. Van Valken- berg and George W. Wost, conspiracy. A CANAL CLAIM. Awnayy, Jan, 11, 1877, Jn tho Gencral Term to-day was argued the appeal in the case of the People ex rel. Chloe Ann Wasson vs. G W. Schuyler, Auditor. This was an appeal from an order awarding a peremptory mandamus commanding the Auditor to draw bis draft for the amount of an award of $6,489 25 for damages sustained in tho drain- ing of tne Cayuga marshes. It was claimed on the part of the Anditor that the award was void for juris- dictional defects and irregularities, and tor fraud. The case was, argued by the Deputy Attorney General for the Auditor and by Eugene Burlingame for the cintmant. Tho Court took the papers, | UNITED STATES SUPREME COURT. Wasmncrox, Jan, 11, 1877. The following case was heard im the United States Supreme Court yesterday :— Bowen vs. Chase—Error to the Ciremit Court for the Southern Dietrict of New York. —This w action of qjectment to recover lands of great value in the city of New York, known as the Jumelesiate. The principal point of interest in the case was the attempt ‘on the part of the plaintiff to prove himself the son cf Mme. es: On the trial the Court excinded evi- dence ®n the part of bowen as to the identity of bie mother, the question being, ‘Who was your mother 1" and also evidence of other witnesses as to Mmo, Jumel’s statements to them as to her Lay. ing a son, and her living in Roode Island in early hfe with one Ballon, the reputed father of Bowen ; also evidence as to the statement of Jumel, tho husband of Mme. Jumel, that be had charged her with enticing bim into marriage with her, and with then having a little ron in Providence, and a great deal of other testimony offered to show facts supposed to havo atendency tocstablish the facts alleged, Objection was taken to such rulings of the Court, and also tothe Admissions of ovidenco offered by tho defence, tho claim being that the declarations of Mme. Jumet were allowed when offered on the part of the detence to rove the identity of a ntece of hers, but were excinded if the Court when offered by the plaintiff to prove the identity of tho truit of her body. The argument is that this Coart wilt not sey that while the law ot New York of 1830 makes Mme, Jumel hetr to her son's estate, and the act of 1854, as well a8 daw of Rhode Island, makes him heir to her estate, | she, the mother, has not such an interest in the son ag | to make hor declarations evidence of the fact that he inherson alter her dosth, Clearly, it ts said, her deciarations are competent upon the question of her personal identity, The case embraces a great many points of evidence of interest to the profession. It followed the cose in equity, except to restrain further suits vy Bowen to recover property until after decision is finally mado in the original action, Chauncey Shafter defendant. WHY SHE HAN. Mary Brown, ot No, 165 Division sireot, charged hor daughier Annio, aged sixteen years, with away from home the case, learned thatthe girl ran away because sho wes badly treated by her mother and her stepiather, He discharged Annie and reprimanded her mother, i She pleaded guiliy and was sont tothe | Mott | es ond MF. Sawyer for pjaintif; James ©, Carter tor running | Justice Morgan, in investigating | THE ANNEXED DISTRICTS.’ SUGGESTIONS AS TO LAYING OUT AND BEAUTI- FXING THE TWENTY-FOURTH WARD—REPOLT O¥ THE TOPOGRAPHIC ENGINEEB AND LAND~ SCAPK ABCHITECT. The report of the jandscape architect and the civil and topographical engineer relative to laying out that part of the ‘I'wenty-fourth ward west of Riverdaio road was made in December last to the Park Depart- ment, It has just been published for the first time. AS some of tho suggestions are of great interest to Property owners and taxpayers generally a synopsis is given below. It may be stated that the commission bave had the subject under debate since 1572, and have hag the opinions of experts in topography and engi- neering. The concluaions arrived at in this report ure results of mvestigations by Fred. Law Olmsted, land- scape architect, and J. J. R. Cross, civil and topo- grapbic engincer to the Board, The report states:— THK DISTRICY TP BR LAID OUT. ‘The districs lics within wnd forms the larger part of tho great promontory. tig shank of which 1s crossed | by the line dividing Yours trom New York, and Which terroinates three miles to the southward in the abrupt headlond of Spuyten Duyvil. Its ridge line | seidom drops much below an clevatiun of 200 feet, t point, which {8 also the highest in the eb above tide. Jt surtace 1s inuch broken y ledges, and there are numerous steep declivities on tts hillsn which cap rarely be dirogtly ascended without oncountering a grade oftrom fittoen to twenty- five in a hundred feet, Its ruggedness has prevented its bemmg occupied for agricultural purposes, except very sparsely, and it ts largely wooded and wild, The only noviceabie improvements have been made in connection with a number of private villas, and with a large convent and seminary, the grounds of which were also first prepared for a'private plensure ground, ‘TMe UNSUITABILITY OF THK DISTRICT, To what needs of the city ia such ground as has been described well adapted? The authors ofthe tive plans for laying it out all know well, from much experience, the convenience of the ordinary city division of real ostaie, and ench plan represents an umount of pationt and ingenious sindy in fitting streets of rectilinear or nearly rectilinear courses, to the highly culvmear coniours of tue topography, that can be iully appreciated only by those who have had some experience in similar tasks, Under neither of these plans could any considerable part ot the ground to which 18 applies be subdivided into building sites of the usual form and dimensions of city rou] ustate, or be built upon advantageously in compact ranges. ASCENT OF THR SLOPKS. The ascent of the slopes will be nowhere easy, and two horses, on an average, will be required within it to accomplish the work which’ in most otuor parts of the city, could be done with one. There will be no thoroughtares adapted either to heavy teaming or to rapid driving, and to none of the plans herevofore prepared 18 a single short cut pro- Posed across the district, On these grounds it may be concluded that factories (at least ot heavy goods), shore, warehouses or stores for general trade, except possibly to a limited extent ut the foot of the slopos, cun be brought here only by some forced and costly provess, The city holds much better ground for them 1n large quantity elsewhere. ‘THR POSRIBILITY OF A PERMANENT BUBURBAN QUARTER, Of course, although manufactories and commercial Dutidings on a largo s re not to be apprehended, a perfectly uninterrupted succession of private villas and cottages is not to be hoped for. Here and there a shop or a range of shops will be necersary, but being adapted only for local custom they are not likely to be lofty or excessively obtrusive, Now and again buildings for otuer purposes would probably occur; a school with 1s play grounds, achureh set in a proper churchyard; a higher institution of learning with its green quadrangle, academic grove or campus; 4 public hall, library or museum; a convent with its courts and gardens; a suburban inv or boarding house with hs terrace, commanding grand prospects over the Hud- son, 1 who have lived abroad know how buildings of thes ses and many others may come into # villa suburb (their sites being chosen so as t in an advantage from appropriate natural circumstances), in such a manoer as not to disturb but to give port and emphasis to its proper aspect. It may be questioned whether, even in a locality as yet so remote trom dense building and so rugged in its topography, tne demand for land for various other purposes will not, ih timo, crowd out all rural and pic- turesqne elements, and whether, for this roason, it wouid be prudent to lay it out with exclusive reference to suburban uses, All that can be said in roply is that {bus far in the history of other great citics there is nothing to’sustain such a doubt, TUB ADVANTAGES OFFERED BY THY PROPOSITION TO THE city, It 4s reasonable to infer that New York will have euch quarters. Itremains a question whether they shall be formed by a co-operation of public and private work or by private enterprise in making the best ot unsuitable public arrangements, ‘The importance of the question will be recognized if it 1s considered what a difference there would now be in the attractiveness, and consequently in tho wealth of the city, if twenty-five years ago, when it was quite practicable, Fifth avenue from Madison #quare tothe Central Park had been laid out fifty feet wider than it is, with slightly better grades, a pad for riding horses, broad sidewalks and an avenue of trees, What 18 meant by treating the district apa suburb is that the development of a distinctly suburban and pic- turesque character should everywhere be kept frankly in view us a source of wealth, and that the roads should be adapted toa population living less densely, and with which pleasure driving and walking are to be, rel- atively to heavy teaming, more important than in the streets of the compact city. LAYING OUT A SPECIALLY PICTURESQUE AND CONVENIENT 2UnURB. The custom of laying out roads in the outskirts of cittes only upon right lines, under any circumstances which leave it possible to do so, 18 80 strongly fixed in our country that the commission cannot entertain the idoa of abandoning it before carefully weighing what is to be gained and Jost by doing so. It should remem- ber, however, that the custom Is largely duc to the disposition of land owners to act on the imagination, by sbowing lots which, as represented on paper, differ in no respect trom the most valuable in the city, and thus to feed the pernicious propensity which prevails among the ignorant for gambling on smail means under the name of speculation in real estate, Again, it is to be remembered that it is not customary to think of the laying out of any part of a city as a matier in the smallest degree of wsthetic design; but if the policy of carrying ona series of constructions in a manner sympathetic with picturesque landscape effect: has any dene to adoption by the commission it ne- cessarily sovolvés a serious application, in however humble a way, of the Jaws and the spiritof art. Tho more tangible aud weighty advantage to be urged tn favor of keeping as nearly as practicable to straignt Innes of road ig one commonly expressed under one of the following specifications :— ‘Ferat—Tbat of the comparative ease and simplicity of the business of laying out the roads. ‘Second—That of the comparative rapidity and con- venience with which surveyors’ measurements and calculations are mado when dealing with straight lines. Third—Vhat ol the greater convenience of a straight front when land is to be divided or described with a view to sale or mortgage. It is not questioned that those advantages should be waived in the case of very dificult topography, such as must olten occur on the promontory. It apparently follows that whether the straight strect should yield to the winding road at any point, when it Is otherwise desirable, is, at the worst, a question of employing sur- veyors competent to deal with curved lines. No pian has been propoeed to the commission for laying out the promontory, under which a local surveyor to whom curved lines were 4 serious mattor, could hon- estly carn bis living. Tho whole amount of the class of expenses in question, under the most difficult cir. cumstances, would be relatively inconstderabls, and if a permanent advantage to the commu. nity it regard for them should not be allowed to obstruct the very best arrangement that can be de- vised, . ‘THR RCONOMICAL ADVANTAGES OF THE PROPOSITION, ‘Tho comparative coonomy of straight and winding roads is partly a question of whut ts desirable under given circumstances as to grad The shortest line Detween two points is not ulways that which can be passed over at tho least cost ol time orin wear and ago lond that requires two horses and a given of harness to be drawn over a road with grades by which one foot in elevation is overcome in ten fect of distance, ag in the case of some of the pros- ent roads of the promontory, can be #8 ensily and safely drawn by one horse and with a harness one-half lighter on a road in which twenty-four feet ts allowed for overcoming the same elevation, an in haste ata given point wishes to drive a horse of ordinary quality with a light wagon to another point 180 foet higher on a hillside he can do so in shorter time upoa a curved rond 800 yards in Jengtn than upon a straight road of 600 yards. BY-ROADB, If the commission should substantially adopt tho system and afterward think proper to consults the judgment and wishes of each Jandowner as to cross Tous of by-roads, it can do so with confidence that no conclusions to which it may then be led can be se- nously detrimental to the gereral interes Any oue of the divisiona lett by the plan might o be subdi- vided, forexample, by rectilinear roads, without de- stroying the consistency and harmony or lessening tho convemence of the main system. If, on the other Land, such minor roads within any division should, in order not to mar ageries of natural building sites, bo made yory imdirect and circaitor the worst result would bo a slight meonvemence a few residents within the division and those hewn | upon them, whieh, to these, would bo compensated by the greater beanty and local convenience of the butldings, Tho puodlic in gencral, keeping to the primary roads, would suffer bo inconvenience, It is believed, too, that the proprietors will be much betier able to form a sound judgment as to the require. monts of their own interests in the minor roads if they are allowed to become tamiliar with the proposed | general system, and with the theory whieh it repre- | sents of the mtcrest of tho district as a whol | REQUIREMKNTS OF DETAIL—PLANTING ARRANGEMENTS, It should bo recognized that to carry out a natural or informal system judiciously, 0 that a good share of its possible advantoges may be surely realized, much study of detail 1 required, Both for economy and for | beanty local circumstances must be diligently con- sulted, and the treatment of the road adapted to them, Varicty in this respect should be sought, not avoided, svery turn should bring something of fresh interest into view within the road as well as beyond it, In this detatl very well considered provisions should be made for roadside planting. Ordinariiy in the sub- | urbe of rapidly grewing American towns trees aro | planted most injadieiusly and wastefully, il-chosen as to species for the locality, ili-placed, il-plantod, and with no suitable, provision for a continuous, heelthy | growth, Science is yearly placing a higher estimate on the sanitary value of street trees, In laying outa new system, especially for a quarter designed to offer FRIDAY, JANUARY 12, 1877.-W1rH SUPPLEMENT. a desasimut and healthful relief to the more conditions of city life, this requirement should be thoroughly well attended to, THE ANNEXED DISTRICTS’ GAS, At tho meeting of the Boara of Aldermen yosterday, Commisstoner of Public Works Campbell sent in the following statement as to gas furnished for the an- nexed districts :—~ Gas ts furnished tn the Twenty-third ward by the Central Gashght Company, snd in the Twenty- fourth ward by #he Suburban Gashght Company. ‘The prices paid for lighting each street lamp are:— To the Central Gaslight Company, $45 per annum; to the Suburban Gaslight Company, $50 per aunum. ‘The authority or agreement under which these lamps are lighted are contracts mado prior to the ann: oD between the authorities of the respective tow: id the gas companies, The contracts were mado im January, 1571, and run for teu years from that date. BOARD OF ALDERMEN. A regular mecting of the Board of Aldermon was held ycsterday afternoon, with Mr. Henry D. Purroy in the chair. ‘The Department of Parks wos directed, undor a res- olution offered by Alderman Purroy, to prepare a map showing all streets recently opened 1m the aunexed dis- trict, all streets proposed to be opened, their grades and other necessary particulars, REMOVING SNOW AND ICR. Alderman Morris presented a rosolution requesting the Commissioner of Public Works to report to the Board at its next meeting the advisability or practica- bility of permitting the Street Cleaning Bureau to open the man-holes of the several sowers aftur each snow storm and emptying therein, through such man-holes, the Seeennaens of snow and ice trom the streets of city. DEPOSITING STREET REFUAR, On mosion of Alderman Morris a certain preamble and resolutions, together with communications from the Departments of Docks and Police, received and printed in 1872, on tho subject of providing places to deposit the es and other substances collected in the work of cleaning tbo streets of tbe city, were ro- ferred to the Committee on Police and Heaith Depi monts. The communications referred to by Alderini Morris argue in favor of tiling up the sunken and marsh lands around Randall's and Ward's isiands with refuse matter from the streets, ‘Tho Dock Com- iniasioners at the time stated that they could not soe that any harm might result from filling up these lands in the proposed method. The communications were accompanied by a letter from General McClellan ap- proving of the scheme, It was ulso suggested in, those papers that the filling used on Randail’s Island should be of such a nature fect the nealth ol the culldren residing in HOISTWAYS The Committee on Law Denartm to prepare and present an ordinance providing for greater safeguards around holstways inside tho stoop line trom the basement stores to the sidewalk; also to report an ordinance regulating sixe and style of railings, including areas and courtyards, in order to ae better security to persons travelling on the side- walks. MUNICIPAL NOTES. A sharp discussion took place yesterday at the moot- ing of the Board of Aldermen relative to payment of attachés of the County Canvassors, Mr. Cowing spoke ‘at length as to the necessity for using economy in the administration of the city government, and remarked that he did not care how much newspapers attacked them. Tho matter was finally roferred to tho Fiuance Committee. Resolutions to paint likenesses of ex- Mayors Wickbam, Havemeyor and Vance tor the Gov- ernor’s room wore also referred to the same com- mittee, A petition has been presonted to the Common Coun- cil by Theodore G, Tomlinson, asking that the city furnish its own gas, Tho office of Public Administrator Sullivan ts about to be removed from Nassau to the City Hall, Comptroller Kelly yesterday signed warrants to the amount of $214,524 85. The following were the prin- cipal items:—Revenuo bonds, $115,000; cleaning Streets, $60,416 66; public instruction, $16,732 23. A proposition to engrave and frame resolutions of tho Aldermen in compliment to their late President, Mr. Samuel A, Lewis, was yesterday adopted in that body. Mayor Ely has vetoed the resolution of the Common Council assigning the Separate Troop of Cavairy to quarter in a building on Hail place and Seventh street. “REAL ESTATE, ‘The following business was transacted at the Real Estate Exchange yesterday :— Richard V. Harnett sold, by ordor of the Court of Common Pleas, in foreclosure, D. A. Casrorly referee, a plot of land, 50x200, on Elton avenue, north side, 150.3 fect east of Morris avenue, Morrisania, to C. E. Larned, plaintiff, for $2,000. A. J. Bleecker & Son sold, by order of the Supreme Court, in foreclosure, J. J. Thomasson reteree, a house with lot 21.5x96.2, No, 118 Fifth street, south side, 207.1 feet east of Second avenue, to Albert Mowsky, plain- tiff, tor $10,000, 'W. O. Hoffman sold, by order of the Supreme Court, P. B. Olney reterce, a houso with lot, 23x92, on Weat Sixteenth street, north side, 175.2 feet west of Ninth avenue, to plaintif, for $5,000, Biackwell, Riker & Wilkins sold, by,order of the Supreme Court, 1n foreclosure, A. Do Witt Baldwin referee, a house, with lot 25x100,on Amity street, north side, 88.9 feet west of Macdougal street, to plaintiff tor $10,000, Jumes M. Miller sold, by order at the Sapreme Coart, in foreclosure, Benjamin Wright roferoe, a house, with Jot 25x98.9, on East Thirty-third street north side, 325 feot east of Second avenue, to Michacl Gormley tor $4,595. Peter F. Meyer sold, oper of the Supreme Court, in foreclosure, John B, Haskin roferce, a house, with Jot 19.1x61, on Seventh avenue. southeast corner of Thirty-sixth strect, to G. B, House for $16,000. A. H. Nicolay & Co. sold, by order of tho Supreme Court, in foreclosure, N. Gano Dunn referee, a house, with lot 20x100.11, on Kast 125th street, sout 308 fect east of Fitth avenue, to J, B. Hart for ADJOURNED, The foreclosure sale of property Nos. 40 and 42 Prince street, by Richard V. Harnett, was adjourned ‘till January 22, TRAN! 16th st., s. s., 238 ft. w. of av. Arnst and wife to Henrictte i 10th st... s. s,, between avs. 18 arinn Foerster t Nom. 7,500 5,000 4% %, Dotween avs. B KI ch and wife to Joseph Foerster.. Adsth ston. g. 475It, w, of Boulevard. 76.11 Manhattan fron Company to Joneph, be o Nom. 10,000, 2,500 13,00) x 10,000 ix . Runkle and wite to 8. 20.4 it. w. of Washington st., 60x John GC, Runkle and wife to 100x135 . MeGin- . Gallagher. 10,000 Pringle 45 4 Orebara at., n. &., 2001 @. of Madison (24th ward); Sarah J. Bywator to Sti nis. Bona at. (Nos. 3 st. Ne . A. Hough: 2 and 44), also Non 43 nnd Hough to Margaret a Chineies 12 Silbank, esysesees : Oliver. st, ¢. %, O88 ft. 8. of Madison ot., 61x75; Charles K. Milbank to Albert J. Milbank... ‘ Central ay., irroumiar (24th ward); Bisaboth Nett ‘and nasband to Moritz Vollmer, Ladson at., s. w. corner of Vester: x 100; ‘niso 9 fh, in. of Taal, 40% 100; Huds we 8, OE y Mill Ansociation to Adrian Hi 27,500 11,250 1,400 Orange Coun be Dass Win Hester eh et, 00 ft. w. of Ad av, W0Ox11.8; Sarah J. Doying and husband to James M. Davis. Ww. &, 100, ft. n, of Walker st., 3 1 Myer to Isaac Myer, asbaird to Soneph J (24th ward) ei " of ediord, 2 ») to Hienty Schipper. B6th et, Bs, 250 ft. ©. of Sth av., 26; jel Jarvis (reteree) to M: Sith 350 ft, anger Teasdale p place, 20x 40 (24t Kniekerboekor Life | ‘Teasdale place, n. ., 3 29% 100 (24th ward) Teasdale place, n. 5 28100 (24th we same to KAMO.... Bth ats, x. between Sth av. and Macdougal sh, 25x 100; Thos. Hyslop (referee) to Alfied Nee... WORTGAGES, Jonathan Odell, ». @. corner Atherton, Henry L. River av. urd Vali wifo, of JOLth wt; 1 yen Patrick and wile, to Hosea B, stat. e, of 2d ay. Williim, Jr, to Ann Same to sume, Same to Same to same, 1. § Denesitrilie, Ayan t . John and w Kivington and On ’ 0 7th ey, Kdward of 10th a yours, . and hnsoand, to J, 11. Rhoades (e: ot Lispenard ‘st., Nos. 22 and 24; 3 ye 12,000 Milliznn, George, to Matwal pany. ts Of OOth st, emrt of Madison « ‘rigte 4,100 3,000 | 2,400 | ,000 | eer of Bedtord ony +, 11,000 Stone MATH, A: ot oth ne between Oth and Madi gon ave; O years... soewes THE WATER SUPPLY. THE PUTNAM COUNTY PRIVILEGES SOON TO EXPIRE—WHAT JHE CITY SHOULD DE- MAND—A BEMEDY SUGGESTED. The extension of the Croton water into the newly annexed wards, the trouble and danger of a short sup- ply, and the action of the Board of Aldermen in ap- Pointing a special committee to consider the advisa- bility of procuring an ample and increased supply ot water for the city, brings the aqueduct and the water privileges permanently to the front. While it is true that in the calculations made by the engineers when the Croton Aqueduct was projected and bailt the amount of water necessary for the sup- ply of the city was underestimated, at present the supply obtained tar exceeds the estimates made when, under Mr, John B, Jervis, the work was comploted ip 1842, aftor fivo years of bard work. Mr, Jervia con. ceded u supply of 72,000,000 gallons per day, while Mr. E, H. Tracey, the engineer who made the survoys for the proposed new receiving reservoirs, givos due credit to the velocity of the current, and, with a supply ol at least 110,000,000 gallons per day, gives us enough for a period of nine monthsot cach year with the ordinary raintalis, TUE AQUEDUCT. The entire length of the work, from tho Croton Rivor to the reservoir at Filth avenue and Fortieth street, isa little over forty miles, and on this line there aro sixteen tunnels, and the area of Croton Lake formed by the dam erected across the river is about 400 uores. The storage reservoir at Boyd’s Corners, capable of bolding in reserve a large amount of water, was erected during 1873-74; but the capacity of this basin 48 not sufficient to supply the demands made upon it by the recutving reservoirs in the Central Park and the old one on Fitth avenue. A third reservoir, now in course of construction on what is known asthe Middle Branch, wi) supply of not over t equal to the one at Boy i# necessarily lost by the flow over the dam when tbese two receptacles are laden to their full capacity. ACTUAL CON. OF TH WORK. Asa tribute to the judgment of the original constructors of the aqueduct 1s condition at the pres- ent time may be taken us ovidence that the work was well dooe, The men in charge worked conscientiously and woll, and the whole cost, including commission: interest and amounts paid forrights of way foote up about $12,500,000, The area of the water shed of the Croton js 338 square miles, with an clevation above tide wator of 1,000 feet, aud pouring the water {nto the Feservior at Croton dam, which 1s about 300 feet above tide, akes are ‘largely fed by springs, and, as in th co of Luke Mahopac, even the iminonse demands upon thoir capacity of supply by the storage roser- voirs aiready in use give no reason to believe that under ordinary circumstances the supply of wator to the city would be endangered. ‘THK LAKE DISTRICT. The area included in the Juke districtof Putnam county is about 1,870 acres, and the most competent engineers grant th: the water properly saved in ample storage reservoirs, the means of obtaimng tt aay be considered sufe, The aqueduct, however, 1s tesied to its fullest extent, and after thirty. four years of service itis in better condition thun many would suppose it to be. For a distance of tive miles the aqueduct 18 over streams aud ravines; the foundation on which it reals is rubule work, being small stones and = gravel, above whieh 1s @ mass of hydraulic concrete, laid down as the bed for the aqueduct, Toe main work at the dam, which is intended and has, so far, held the immense mass of water in check, shows signs of age, and at the annual inspection proves the immediate necessity for repair. Both at the to and bottom large cracks have appeared, through which the water trickles, and whicb, in case of a heavy pressure, often widen, These cracks aro repairod by the simple process of throwing « mass of loose cement, afier some preparation, into the water, that it may find its way into the tissures, as, in most instances, it does. Commissioner Campbell, in bis report made mm August, reports the aqueduct and reservoira in good condition; but there is nothing ag yot done toward the furtherance of the work of con- structing the third storage reservoir, for which an appropriation hos been partly made, and the work upon it willof necessity be delayed one year, if not more, unless immediate measures takon to prevent the delay so dungorous, as may bs fairly judged from the shortness of the water supply carly ta the present month, when the waste of water in the city was com. paratively unchecked, and when the water in reser- ‘voirs at Boyd’s Corners and elsewhere was too low to give a full head throughout the water consumine dts. tricts, THE TWEED TRANSACTION. The famous Tweed purchases of the Putnam wunty lakes and the water privileges of the land were a mate ter of little comment at thetime. As the Commis. joner of Public ‘orks Tweed was clothed with supreme, if not imperial, power in all appertaining ta the acquisition of these priviloges and the prosecution ot the work upon the Croton water improvements and extensions, The Comptroller of the city was instructed to pay whatever Tweed toid him to pay. There was 4p appropriation tor more than sufficient to complete all that was devised, and until by spectal legislation the appropriation limtted to $1,000,000 there ‘was as much freedom with the city’s money as thore was intended to be with the water from Twoed’s prop- erty. Tweed held then, as in reality he holds now, the key to the water mains of tho city’s reservoirs, co far as the newly acquired lakes arc concerned. There was a purchase, ostonsibly for tho city, but in reality for Tweed, und the neatness of the uperation is cloarly shown in the fact that, while there was an understand- ing that the title to the property should go to the city, until the presont timo it stands really as @ lease, now noarly expired. ‘ A REMEDY. There is no time to delay in ferreting out the mys- tery surrounding the real estate transactions in which ‘Tweed and those who bad the property from him concerned, Tho non-acquisition of the title is d the caretul manipulation of the public confidence atine time the contract was made, and the people ot New York are daily wasting water without a single thought of tho slight dependence npon which their sunply rests, The ‘newly incorporated Westchester wards,’' tho Twenty-third and Twenty-fourth, bavo put in a claim for their share of the Croton water, so that un- Jess something is done to provide them from other sources the supply will be absolutely short for the rest of the city, Among tho origi- nal ides of the Croton Board was the use of the Bronx River as a means of supply, aud It used now it would, it 1s claimed, do the best ser- vico by supplying the new districts, Bronxville, itia pointed out, has great advantages for a reservoir, and 18 80 situated that it would be bat a short cut to the new wards, and vest fitted for the location of the new jueduct and the storage reservoirs necessary to sup- ply it. The advocates of this scheme suy that tho pos- session of this source of additional supply upon terms more just to the people of New York than a bargain with Tweed or a compromise, under the circum. stances, with those who act for him, would be ot ad- vantage in evory way to the city. Ifthe Putnam county leases cannot be changed into absolute tities this and all other means of securing tho city against the possibilities of a water famine deserve catetul aud prompt consideration. RAPID TRANSIT, THE ISSUES INVOLVED IN THE PATTEN INe JUNCTION CASE—A PETTY SUIT BIG WITH CONSEQUENCES, The Patten injunction suit against the New York Elevated Railroad, which is now on trial in the Court of Vommon Pleas, Special Term, before Judge Joseph F. Daly, cannot failto have the most important con- sequences, however it is decided. If the mjanction ia sustained its effect will be to involve the road in cone stant litigation and perhaps to crippie it to auch an extent as to make it practically useless, Tho company seems to be well aware of this, and in the present ac- tion bofore Judgo Daly it is fighting not only to re- cover lost ground, but for its very existence, Bound up with the issuo im this case is the whole question of rapid transit, and the points ralscd by the compiain- ant are nothing more than the weapons which are to be used in defeating every project intended to give this boon to the metropolis. THE COMPLA \ANT‘S CASK, Tho compininant’s case, aside trom the constitu. tional questions, is in all essential respects a petty one. Ag it was developed by the testimony yester- day it showed only three points—the injury done to Mr. Patien’s hotel in Greenwich street, and the botels in general by the Elevated Ratlroad; tho deercaso in tho vaiue of tenement property along the line of the ot and the nuisance occasioned by the running of traing and the existence of the road, Upon the first of those three points Mr. John P, Higgins, of the Cosmo. jd Mr. Hiram Cranston, of the New ‘ork Hotel, were the complalnaut’s witnesses, and both testified to the material injury wrought to hotel property in the street occupied by ach a structuro ag the New York Elevated Railiro. Joseph Harris ana Rachol A, Wat! ment property in the street, third point John H. Welch, a joweller, was the only Peritnene, Mr. Welch has found the Elovated road worse than a nightmare, for it has disturbed him im his waking as wollas in his sleeping moments. THB CASK OF THE RESPONDENTS. In order to establish therr right to existence the ree spondents submitted the whole history of the corpora. tion as part of their case. Itisnow moro than ten it came into # quasi existence as the West onkers Patent Railroad Company. A sece 0 road was built for experimental purposes part of the. ouactinent which culled. the early corporation into being that the trains should be propelled by an endless cable, The cable fatled and bo did the company. Then, by a sories of deeds of trast mortgages and judgment of foreclosure, together with the action of a commission who held tho authority of the corporation in their keeping, the New York Ble. vated Railroad Company came into existence. Untor. tunately the transicr of tho powers and franchises of tho old West sido and Yonkers Patent Ratirond Company was accompanied by legislation which has been hi to be unconstitutional, So tar aa ar, ment goes Judge Emott is detormined to have the whole over again, in the hope of reaching a more favorable judgment, and to this end be not only grap 200{ (CONTINUED ON NINTH PAGE)