The New York Herald Newspaper, January 16, 1877, Page 8

— anon THE. COURTS. Legal Exposition of Important Ques- tions in Bankruptcy. THE “CROOKED WHISKEY” SUITS. A Jury's Estimate of the Financial Worth ot a Finger. AFTER A BANKER’S COFFERS. IMPORTANT PROCEEDINGS IN BANK- RUPTCY. In the bankruptcy proceedings of Henry Wilson, had before Judge Blatcbford in the bankruptcy branch of the United states District Court, some interesting part- nership transactions came to light, The suit was brought by William P. Cartisle against Joseph M. and David M, Davis, It appeared that one Henry Wilson and the defendant, Joscph M. Davis, son-in-law of \y il- son, were for some time prior to April 1, 1855, copart- Bers tu buses Lithographers in Beekman street in this city; that the copartnership was dissolved by the withdrawal of Davis, who subsequently went into busi- bess for himself. Some time later Wilson entered into &n agreement with Davis by which he purchased Davis’ Muchinery for the sum of $1,200, for which he gave his promissory note, which he secured by a chattel mort gage on bis machinery, payable im one year. In Janu ary last Wilson filed a petition in bankrupwy and Witham P, Carlisle was appointed the assignee in baukruptcy aod took pos-easion of the estate of the bankrupt for the benedt of tye creditors, In the Meantime Joseph M. Davia had assigned the note and mortgage to his co-defeudaut, David M. Davis, who ne- glected 10 renew tho mortgage by tiling w copy, with a BiuLement of the amount due, as provided by the statutes: of the State, hap the assignee commenced au action against Joseph M. aud David M. Davis to re- strain (hem irom coileciing on the note and mortgage. on which suit the assignee Was defeated on the ground of want of jurisdicuion jn the Marie Court, in which the suit was brought. Joseph M. Davis then, as at- torney in tact of David M. Davis, woo resides in Eng- lund, commeaced proceedings tu foreclose the ingrt- g4ge, When tho present action was begun ja the United States District Court. The defendant was enjoined fiom enforcing the note und mort~sge, and the testi- mouy Was taken before op examiner. The Court gavo Judgment Jor the defendants, dismissing the complaint and dissolving the injunction, with costa, Mr. H. B. Wbrook So uch for piantitls aud Messrs. J. P. and Mitchell Laird for defendants, THE WHISKEY INDICTMENT. Judge Benedict yesterday, in the United States Cir- ult Court, rendered a decision on the motion to quasb the tudictment against James Anthony, charged with being a crooked whiskey conspirator, One of the grounds of the motion was that the statutory defaition of distilled spirits was generic and covers fermented liquors, sucb ag ale and porter, that are not taxabio, although they contain alcohol. Judge Bone- ict guid he was first tyclined to think the point well taken, bat on careful examination of the language of tho statute he thought the point could not be sus- tatoed. What is uuderstood as spirits of wine is that itis a spirit ina general and practical sense, aud in- volves the idea of distilation. “He was, theretore, of the opinion that the uiew of distillation 18 contaived in the definition of the statuic, and the idictment lu this respect 1s good. Another point made is that there is no uverment of un overt act in bois district, and thatthe offence must be tried ip the district where it is committed, Judge Benedict said that Where an offence has begun in one district and com- pleted in another it iscommiuted in both districts. ‘be Court thea ueciued thut the courts of the in- dictment as to conspiracy must be maintained, and Uhat the counts alleging @ removal of tne spirits are Dad und must ve quashed, Counsel fur the defendant luen asked thatthe same verdict be entered in a fimiar indictment egaivst Edward A, Bowry; and this was uasented to hy Mr, Sherman, Assistant United States District Attorney, anda motion fora bill of particulars was granted by the Court. The suits of the United states against Charles M. Miller and Wilitam S. Miller, iudicted on w charge of auiling to muke proper eutries of spirits received on the guvernment book, as provided by law, was called yesterday im the United States Circuit Court, belore Judge wenedict, The defendants were jomuy indicted ‘with two Western whiskey men, and on motion of coan- sel for the Millers they were granted separate trials, ‘When the case was proceeded with it transpired thatthe Bpecilio charge brought by the District Attorney was that the defendants did not enter the spirits on t duy (ney were received, but a days ulterward. The delendants replied that the goods were treated as if they were in bond, and that they were considered us in charge of the transportation company until a pur- chaser was found, THE STILWELL ACT. Anu important decision was yesterday given by Judge Speir, of the Superior Court, in the suit of Kerley, re- ceiver, va. Dusenbury. 1u February last the plaintiff Obtained a judgment against defendan. setting aside &n assignment trom one Selab Hiler to him us trustee and awarding judgmeat agains: bim personally. Un- der this judgment defendant was examined in proceed- ing*supplemental to execution, and the result of such mination Was the disclosure that he had since the iwion, but before the e.try of judgment, disposed of Mi.his realproperty and spent the proceeds. The platutilf, thefeiore, bad him arrested under the Still- wellact, On the trial Mr. D, M. Porter, representing the plaintiff, introduced the supplemental examini tiun, und relied upon that to show the fraudulent di position of property. Mr. Charles Biandy, of counsel Jor the uefendunt, moved to dismiss the proceedings upon the ground, tirst, that the supplemental proceed- were not evidetce against the defendant, and, condly, that an inspection of the judgment roll ould show that the defendant could ‘have been ar- rested unuer the code, and therefore could not be ar- rested 1u these proceedings, Judye Speir, 1p sustai ing these objections im un elaborate opinion, grauts the motion to strike out the evidence aud dismiss the proceedings. ONE THOUSAND DOLLARS FOR A FINGER. James McMahon obtained a verdict yesterday before Judge Sedgwick, in the Superior Court, tor $1,000, on account of the loss of a finger. In December, 1874, he Was employed as stevedore by Peter H. Walsh, to Assist in putting on a ship an Iron axle of nearly a ton weight. A pony engine was used for the purpose of ‘facilitating the work, Beloro the tron axle had been faised froin its position on the wharf McMauon, pu Aut to the orders of Mr. Walsh, attempted to load a burret of lard, aud while so ployed the latter engineer to hoist the axle, and so ot swung around against the Darre! and jammed one of McMahon's fingers, crushing it tow jelly acd necossituting its umputation. A suit was brought lor damages, with the resalt as given ubove. “Messrs, Wiison, ‘Smith & Leavitt ap- peared for the plaintiff, and Messrs. Redfield & Hill tor tue delendant. The defence was contributive negli gence, A motion was made to disiniss the complains On the ground that the sume was contrary tu the evi- deuce, This motion was dented, but Judze Sedgwick Granted thirty days within which to prepare a case for ‘appeal. GRAVE CHARGE AGAINST A BANKER, A case that will doubtiess excite some public interest Was on the calondar yesterday before Judyo Van Vorst, hviding Supreme Court, Circuit, The plalntit is a young uirl, said to be possessed of upusual attractions, though moving im the bumble waiks of lite, named Barab Strauss, aod the delevdant, Abrabam Woifl, the wealthy bauker, of No. 21 Nassau str It is alleged by the plaintifl in her complaint that in November, 1573, while she was employed as domestic tu the house of Mrs, Dorothy Woilf, ut No, 39 EKust Thirty-first street, a sister-in-law of the defendant, tLe latter by force accomplished ber ruin, She brings Buit for $25,000 dainages. <The story of the plaintiff is Genounced ty the defendant to be a vile fabrication and with no shadow of truth for its basis, Mr. Will- jum F. Howe has been engaged to conduct the trial on the plaintif’s Veball and Messrs, Maun & Parsons are thé defenuant’s counsel, Some curious developments Are anticipated and agother added to the list of causea eélebres Wu our courts unlolding the darker shadows of our mysterious metropolitan life, SUMMARY OF LAW CASES, There wasa motion made yesterday botore Judge Bpeir, in the Superior Court, in the matter of reguiating and grading 123d streot from Eighth avenue to Mount Morris square, awarding dumages to unknown owners. Hewwrich Rehman, o sailor, of the German bark Brunnow, was yesterday arrested by a United States deputy marshal, on application of the German Consul, on a charge of mutiny, and was held by Commissioner Betta, ‘The suit of Henry H. Boody against Samuel J. Tilden and others has not yet been consigned to the tomb of the Capulets, Judge Speir yesterday granted an order ppening the default recently taken im the case, and Peete the causo to be placed on the calendar tur 8 $5,000 damages from tho oaahel Yan No Nn peony Big Kiver Ruitroad Company 91 account of a broken ankle, ot ke mpting to get off a car while Pisimed to be contribativ she suit was commonced y Wreck, iv the Superior Court. Ferdinend Ludke rented a piano to @ Mrs, Hoch. mene _ | | | | | ant within five ander pry oo ime soit pote tha ron ve er al a third party aga.nst the in for adebt due bv her. Buit was is by the party who owned and rented the plano to recover iis jon or value from Sheriff Conner. The noel was sold at the Sherift’s sale for $105. A was given ay betore Judge Sheridan for the plaiueitt for 5, being the sworn value of the piano, : A motion to vacate order of arrest im the suit of José A. Obergon against James C. De Meir was y: terday denied by Judye J, F. Duly. The plaintil, who ig a merchant of Bogota, sent anraft tor $1,200. to be paid to Mesers. Vongowucnan & Co., of Paris. Failure to pay the caused the arrest. In the suit brought by Jobn W. Hamilton inet Jacob Lorillard, alleged partner of Howes & Cusbiog’s circus, to recover $350 as press agent of the company: in South Amertoa, the tacts of which have been pub- lished, Judge McAdam yesterday denied the motion to compel the plaintiff to tile security for costs. The Judge holds that although the plaintiff has bis domicile in Brooklyn, his employment on the press in this city does not make bim u non-resident within the imeaping of the law, While Messrs, Cockerill & Spaulding were tearing down, in 1870, the wails of a building ut the corner of ‘Twentieth strect and Second avenuea portion of the wall fell upon an adjucent house, occupied by Daniel 8. Clark and tamily, breaking in the roof and causing severe injuri as alleged, to Mrs. Clari Suit has guinst Cockerill & Spaulding tor $19,000 trial of the case bexan yesterday, be- Brant, holding Supreme Court, Cir- cult, The delence is the usual one of contributive negligence, John W. G, Leveredge loaned $300 in July last to Anna B, Coo, also known as Anna B, Gibbs, which was to be paid back to him in th: suing week. Ascer- taining that sho Was an attendant of the church corner of Catharine and Madison streets, the services of Rev, FE, D, Murphy, were obtained to discover her where- abouts, It was ascertained that sho was recently so- journing at the Taylor Hotel, in J«zsey Cuy. Mr. | ‘Levereage hag attached a necklace, aud yesterday ob- tuned from Judge Donobue au order granting service of summons and compiaint by publication, he paving been compelled to resort to the Courts to get back bis money. ‘The examination of John Keily and Mary J. Collins, charged with gomplicity in the recent mail robbery, was coptinucd yesterday before Commissioner Shiclas, counsel for the prisoner, aud General Foster for the government, argued op a motion lor the discharge of the temale prisoner, and at the close the Com:nia- sioner held ber to await the action of the Grand Jury. The cxamination of Kelly was then resumed, and John Depust, the ariver of the express wagon from which tue mail bags wore stolen, testified on bebail of the government as to Kelly and James Crawford being the principals in the stealing of the bags. At the ree quest of Mr. Emerson, counsel for the prisoner, the | Jurther examination of Kelly was adjourned tlil to-day, DECISIONS. SUPREME COURT—CHAMBELS, By Judge Lawrence. Dambman vs, Butterfleld.—The order proposed by the aefondant’s counsel is right if the question which the defendant ts required to unswer are correctly set forth, The minutes upon which the decision was based have not been submitted with the proposed or- ders, There seems to be no difficulty in counsel agree- tng after rejerring to the, minutes as to the precise questions directed to be answered. Lyou va. Suiser.—I gee no propriety in the provision Contuined in the proposed order relative to depositing tuuds iv the Trust Company, in which in the present aspect of this case the plaintiff can have no interest. ‘Those provisions are therefore stricken out. The de- posit of the $1,500 in the Trust Company seems to roper. idd vs. Bristow.—In this case the parties agree that there should be a receiver appointed on tne aflida- vVits submitted, 1 declned to appoint the plaintiff, and suggested that if the purties could agree upon 4 person to act as receiver I would appoint bim. Such agree- ment has not, and, us it appears, canno, be wade. Folowing what I aoderstand to have been the practice iu the Court of Chancery 1 shall reier tho question as to the proper ;-orson to be appointed as receiver to the Hon. Murray Hofman. The retereo will also ascertain and report the amount of security to be given by the receiver. People, &c, ve. The Mason Manufacturing Com- peice tunis case the papers in bebaif of the plaintiff ave not yet been presented, Klages vs, Marz et al.—The consent submitted docs not comply with the seventy-third rule oi this Cour. Matter of the Ladies’ Association of tne Lutheran St. Murcus church. —Not approved. Matier of Ahibora.—The counsel for the creditors Opposing the petitioner’s discharge certainly referred to the proceediogs beiore Justice Donobue, uud in the Superwur Court velore Judge Speir, snd 1am of the opinion, thereiore, that the recitals compiained in the order proposed by bim should be allowed to stand. By Juuge Donohue. In tho matter of two unsafe buildings, Grove ave- Bue, eust side, 275 feet, Clit street, Jobn J, Quint, own rupted, ve, Alleu,—Memorandum. Hudson va, Sehiller.—Motion denied without costs. Buck vs. Continental National Baok.—Motion granted, Will hear partics as to terms and order ex- tending time ore week. Heiss vs. Sy. Rae letobeagy to plaintiff, $300; to detongant, o; t0 guardian, $25, and costs tive per cont hv nil SUPREME COURT—SPECIAL TERM. By Judge Lawrence, Borsel et al, va, Astur etal. ; Seliginan vs. Macy et ul., und Kissuu vs. Algie et al.—Judgments sigued, Suowden vs. Keese.—tne demurrer to the complaiut should be overruled. While st ts true that the recov. ery of the judgment aguinst the Bices Sewing Macnine the Trustees of the Company prima facie evidence ol the dobt (White vs, White 60 'N, Y. 137), as the complaint tully avers an iudebtedness to the assignors of the plaintiff on the part of the Company and the recovery of judgmeut thereon, which have been assigned to the plasntil, | do pot think that itis construing the com- plaint too liberally to hold; that it sufficiently appours that the indebtedness was assigned to the pluintl. Such indebtedness he wili be compelled to prove upon the trial; but the complaint is not in my opinion bad on demurrer, Demurrer overruled with leave to auswer over within twenty days op payment ol costs, SUPERIOR COURT—SPECIAL TERM. Held by Judge Speir, Keiley, &c., vs. Dusenoury.—the warrant in this case should not bave been granted, See opinion. Lauiure va, Lauture.—Report of referee confirmed and decree of divorce granted, Watlace vs, Marks.—Order of arrest denied, Robertson vs. Bennett.—Action for libel. Defend. ant moves that paint receive amended answer. Granted on payment of platotifl’s costs of motion, Opiuion, Wallace vs. Beanett.—Judgment on the demurrer, with usual leave, with costs. Opinion, Sloane vs, Vibbard.—Deimurrer sustained, with the usual leave, See memorandum. Metropoiitau Lite Insurauce Company vs, Gold- mav.—The inotiop to amend the answer granted on paymcut of costs of the motion. Brague vs. Lord et ai,—Ordered on day calendar for first Monday of February. Buody vs. Ogden ot al.—Order restoring cause to caiendar. In the matter of Regulating and Grading 123d street | from Eighth avenue to Mount Morris.—Keterred to William Watson to take proois, ac, Tne Bowery Savings Bank vs. Smith et al.—Reier- ence ordered, Ballara vs, Bamberger,—Motion denied, with $10 costs. Whornington vs. The Forty-second 3! ba oan) med ag restoring cause to Van Derzell et al va Slater, proved. Sloane ct al va Vibbard.—Order sustaining de- murrer, &c, Neill vs. The American Popular Life Insurance Com- pany.—Undertaking approved. Jennie Evans ws. Alexander Evans.—Order for ali- mony and counsel jee granted. By Chief Judge Cartis. Demuth va, Americun Institute.—Proposed case settied, Undertaking ap- By Judge Santord, Struppman et al, ve. Mulicr et al.—Order settled, - COMMON PLEAS-~-S5PECIAL TERM, By Judgo Van Brunt Obregin vs. Micr.—dlotion denied, with $10 costs, to abide event, See opinion. n vs, The Mayor, ke —Motion for reierence See opinion. Scott Vs, Casi —Motion granted, unless defend- ys gives a bond with two sureties, to be approved by one of the judges of the court, to pay Auy Judgiwent which may be vbtaned iu this action, $10 costs uf this motion to plaimul By Judge Van Hoesen. Matter of Moyor.—Deerse signed. Behrens vs, Rovinson.—ihe piaintifl’s motion de- nied. See memorandum Goldshear va Levy. — memorandum, MARINE COURT—~ CHAMBERS. By Judge McAdam, Anern va. Tyler; W vs. Ierguson; Basini vs. Batint; O'Brien vs. Seibrech ; Hamiton vs, Lorilard; Lupt vs. Browne; Walton vs. Hunt.—Opinions . MeLaughiin vs. Enuis.—Motion to te arrest de- nied, but bail reduced to $500, Saunderson vs. Walker.—Motion denied, without costs. Rogers Brothers vs Morrie.—Motion granted; ar- Test Vacated, without costs; defendant to stipulate not to sue. Kerr ve. Conrad ‘anted, without cot —Motion to vacate attachment defendant to stipulate mot to e. Hyatt vs. Miller; Campbell vs, Billings.—Motion de- nied. Abern vs. Liado.—The orders heretofore entered herein will be rowettied by denying the motion to va- Cate the arrest, with $10 costs, upon payment of which the de nt may have leave to renew upon addi- tional alfidavite; order to be settled on one day's notice, Petryn Slate Company va Meyar; Straus vs. Grefe; Reid vi ly; Frank va Oppenberm; Hyatt va. King; . Collins; Kinney vs. Belcher; Star Publishing Company Elastic Truss Company; Sun: ford va, Wuistein; Wondell vs, Harrison,.—Mutions Apgar Ve, Suydam. —Taxation aflirmed. lkios vs. Thomson. —Com mission ordered, Harding vs. Wolters. —Seo indorsement on papers, Berghaus vs, Buchan; Lebman va, Goadiey.—Mo- tions denied, without costs. Riebardson vs. Diosey.—Motion denied; $10 costs to plaintiff to abide event Savarese | Same vs William Morphy, Cornelius Farvan, uod Johu McGivney, burglary; Sume vs. James Brauy, burglary; Same burglary; Same Henry Mitchetl, graud larceny; Baker ve. Patterson.—Virst execution superceded for dormancy, Candee vs. Couner.—Receives oes taxed at $95, Schlietstein vs, Owens.— Defendant discharged trom arrest und receiver appointed, Browning v& Louderback.—Roceiver authorized to sue. Smith vs. Dolaa,—Motion to punish for denied, but receiver a ated. (See papers) Hagerty va, Jones.—{.is jens cancelled, Gibbou va, Campbell.—Motion to set aside denied and summons amended none pro tunc on terms. Ludwig va Fi Simon vs, Mooney; Balawin ve, Central National ik ; Goldberg ve. Levy; Kyan vs. Mannattau Fire Insurance Company; Sate vs, Sate- guard Insurance Goeipany, -Dvsaes By Judge Sheridan. ‘Motion denied with $10 costs. Bank vs, dauer.—Cuse settied, a va, O'Shea. —Order signed. By Jud; Cree Topping vs, Smith.—1 think the note was correctly protested, &c. Sve indorsement, GENERAL SESSIONS—PART L Belore Judgo Gilderaleeve, PL¥AS AND SENTENCES, Louis Lofferts, who keeps a store at No, 61 Brond- Way, Was robbed of threo dogen silk umbrellas, half a dozen neckties and two dozen silk handkerchiefs on the let sonst, A fortnight later Witham Fitzgerald, of No. 520 East Thirteenth street, was arrested aud tye property recovered, The prisoner pieaded guilty to the charge and was sentenced to two yeurs im the State risen, Morris vs, Block. The Ninth Nation: A A FRIEND IN NEED. On tho 3a inst, William Lorriner, seeing Mr. Alfred E, Latimer, of the Roosevelt Hospital, falling on the ice in Greenwich sircet, quickly proifefed bis services, He helped him into a drug store 10 bave bis injuries attended to, and shen left, depriving bis viotum of a Lhe watch, chain, lock and seal, in ull valuod ut $200, Information having been given to the police the thie! was captured and the property recovered, Tho prise oner pleaded guilty yesterday and was sentenced to three yours and six months in the State Prison, A HYPOCRITE OVERHAULED, A somewhat amusing case, illustrative of the last stages of hypocrisy, was tried yesterday. A sleek- looking individual, with a greasy aspect, who gave bis name as John J. Mullen, of No, 98 Hudson streot, was arraigned at the bar by District Attorney Rollins, charged with having, on December 21, stolen $1 from the pocket of Mary Guerdon, a vegetable dealer, in Hudson street, Being without counsel the Court, as uguul, assigned him oue, but the prisoner preferred to conduct his own case, and 1p the course of a wild ad- dress wept at will, tho rivulet ou eithor side of bis nose flowing gracefully. He was quickly found guilty, and immediately upon the announcement of the fore- man be raised alott 6 Bible, proclaiming that he had Jeat all contidence in religious instructors. His per- formance excited mingled merriment und covtempt, and tne Judge, somewhat taken aback by his persistent hypocrisy, intimated that the prisoner wus one of the worst that ever was trougnt before bim, He ‘Was went to the State Prison fur five years, Mr, Mul- lip was then sent to the prisoners’ box, where ho amused himsell by tearing up his Bible, stamping upon tt and deciaring it Was DO good, GENERAL sESSIONS—PART 2 Before Judge Sutheriand, THE YERRY TICKET CONSPIRACY. The fartuer hearing of the case of the people against J. A. Van Valkenbury and George W. West was re- sumed yesterday. Mr. John O. Mott examined several witnesses on the part of the defence, the main.pomt emg us to the average number of persous who went through the ferry houses on passes during their re- spective te: fduty. They wore cross-examined as Jeugth by Mr. Charles W. Brooke, counsel tor the pros- ecution. The case will be resumed to-day, COURT CALENDARS—THIS DAY. Scrxxux Count—Cuamuxra—Held by Judye Dono- hue,—Nos. 27, 32, 52, 69, 80, 90, 126, 132, 134, 135, 148, 141, 151, 156, 168, 164, 188, 189, 201, 202, 203, 200, 209, SUPREME COURT—GENBRAL TekM—Held vy vudges Davis, Brady and Danicls.—Nos. 179, 156, 125, 126, 127, 131, 135, 140, 145, 146, 159, 160, 163, 17144," 177, 165, 181; 182, 183, 184, 167. Scpaemy Couwt-—sPeciaL Tkrm—Held by Judge Lawrence,—Demurrer—Nos, 13, 34. Law and tact— Nog. 46, 47, 64, 65, 83, 97, 100, 101, 102, 103, 105, 106, 50, 118, 1i¥, ‘121, 122, 123, 127, 128, 180, 183, 135, 186, 137, 139, 141,’ 142, 143, 143, 149," 150, 162, 1% Court—Cixcuit—Part 1—Held by Judge ‘ors, —Nos, 2683, 862, 3785, 2011, 3783, 18255,, 2577, 2719, 2721, 2725, ' 2738, 4200, 4201, 2549, 1v0s, 2691, 2647, 1908, 1, 1111, 2639, 2739, 2741, 2748, 2745, Part 2—Held vy Judge Van Brunt.—Nos. 1564, 1574, 10385, 560, Oe $26 1x6), Sid, MA 2106, 4292, 1698, FG, 118936 260, 5 1452) 1458, 172445, trae i738. "pars 3—Held Sy suaes Burrett.—Nos. 2226, 278, 2089, 2283, 1329, 1617, 621, 15, 8023, 1315, 3949, 1885, 718, 3161, 1350, 42%, 1177, 64034, 1614, 2277, 184044, 1148," 4187, 5654,, 2287, oes Court—GuxkRaL TkRM.—Aqjourned sine Supenion CovkT—SrxciaL ‘tkru-—Held by Judgo Speir.—Issues of tact—Nos, 10, 36, 67, 37, 75, 18, 21, oi. Surenion Coort—TriaL Term—Part 1—Held by Judge Sedgwick.—Nos. 362, 623, 430, 348, 269, 652, 430, (01, 502, 608, 404, 376, 485, 1003, 317,456, 460, 402, 409, 477, 138, 812,’ 48045, 204, z14, 264, 103, 40034. Purt '2 —Adjourned rst Monday of Fob. ruwry. Common PLKAS—GENERAL TeRM.—Adjourned until first Monday ot Feuruary. Commoy PLeas—Kquity Teru—Held by Judge J. F, Daly.—No day calendar. Common PLEAS—IKIAL TeRm—Part 1—Held by Judge Van Hoesen.—Nos, 868, 859, 1018, 143, 1004, 798, 330, 915, 510, 726, 827, 877, 583, 478, 371, 396, 1039, 1060, 723, 1223, 365, 971, Parts 2 and &—Aujourned until frst Monuay of February, Makixze Count—iniat Teem—Part 1—Held by Judge Shoa.—Nos, 4468, 5036," 3418, pa 6604, 4186, 7398, 7852, 7598, 3805, $912, 2975, 2076, 8074, 4854. Part v— Held by Judge Goepp.—Nos, 7500, 7439, 7265, 5499, 5245, 7272, 6575, 5599, 5601, 5614, 5607, 5608, Seud, S614, 6619, Part 3—deld by Judge Sheridan. —Nos. 7678, 4770, 7432, 7433, 7829, 654U, 7659, 5547, 7603, 5583, 5586, 6594, 5505, S500, 6597. Court o¥ GexxRaL Sussioxs—Part 1—Held by Judgo Gudersleeve,—The People vs. Jubn Desmond, Michael Kelly aud Bernard McArdle, robbery; Sume vs. Mor- timer Shea, rovtery; Same vs, James Madison, felonious assagit and battery; Same vs, Fran- cisco Bajone, felonious assault und batiery; Same vs. Thomas J. Baker, felonious assault aud battery; Same vs. George U bton and Charles Reilly, burglary; Votil burglary ; Sume vs. James McPhilips, vs. Henry Kelly and Daniel Connell, vs, John Muller, burglary; Same _v: grand larceny; Same ve, August Meye: Same vs. James Smith and John Tier! Same vs. Luia Moyers, grand larcen; Warren and James Warren, grand iatceny; Same va Jobn Kelly und James O’Brien, grand larceny; Same va Peter Kehoe, geand larce: Same vs, Emina Big- lin and Kate Smith, grand larceny; Same vs Hannah Millard, ; Same vs. Benjainin F, Kuynor, grand ny; Same vs. Joseph O'Donnell, forgery; Sume vs. Thomas Spencer, false pretences; Same vs. Joseph Platt and Josep Farrell, potit larceny; Same ve. Benjamin Moses, petit larceny. Part 2—Held by Judge Sutherlaod.—The People vs. Jacob A. Van Vai- keuburgh and Goorge W. West, conspiracy. aa COURT OF APPEALS, Aunayy, Jan. 15, 1876, In the Court of Appeals, Monday, January 15, 1877— No. 128, Gatlup vs, Babson; No, 129, Wells vs, Hol- brook, Submitted, Agjournea, CALENDAR, The following ts the cuicndur for Tuesday, January 16:—Now, 123, 124, 41, 153, 134, 137, 193, 130, SUPREME COURT CALENDAR. Syraccss, N. ¥., Jan. 15, 1877, Syracuse General Term, day: calendar for January 16, 18 soe, 8, 205 1524, 78449 87, 11S, 117, 152, 1985 1 * 6, 2i, 83, O4, 128, 143,177, 178, 179%, 171, 158 168, 198, 1y9, » UNILED STATES SUPREME COURT. LAND GRANT RAILROADS NOT BOUND TO TRANS- PORT TROOPS FREE OF CHARGL-—REVIEW OF LEGISLATION ON THE SUBJECT OF BAIL-~ ROADS, Wasutnotox, Jan. 15, 1877. The Supreme Court to-day decided that land grant railroads ure not bound to transport the troops and property of the United States free of charge, by reason Of that fact; that they are only to allow the govern- ment the free uso of their tracks in return for the grants, und that they are each entitled to compensa. tion 1oF all such transportauon they bave poriormed, excepting the currying of the mails, subject to a tar deduction for the use of their soveral roads, The goneral course of legislation on the subject of rajironds 1s reviewed at length, and the conclusion ts that it demonstrates the fact that i the early pistory of railroads {t was very generally supposed tbat there could be public highways in fact us well as in name. In view of this fact 14 18 thought that the cunciusion is not to be resisted, when construing a leg: Geclaration to the effe 4 ct that a icular railroad shall that the meaning is that it sbail of tho public with their own when Congress, in ranting such a roxd, decla that highwa; that the roa of should be and for tho use of govern’ government sbuuld hav: but not that it should bi transportation to bo perforined by the railroad cor pany; and that when the right to use the road granted ‘free irom ull toll or other charge for t! transportation of any property or troops of the United States,” it only means that the government shall not be subject to any toll for sucu uso of the road, ‘This decision is in the cases of the Lake Superior and Mississippi, and the Atchison, Topeka and Sania Fe Raijiroad companies, which have been some tine ment This roveraes the judgment of tho remain a public nt, 1t Only meant this right to ui . Spignesse.—New undertaking ordored. | Swi 8. Justice Bradley delivered the opinion. D ting:—Justices Clifford, Miller, Davis and s Justica Miller writing the opinion AN EX-JODGES TROSTEENIP, An Important and Complicated Property Suit Relative to Point Lookout. LITIGATED TO DEATH A Watering Place, a Prison, a Hospital and a Home. There ta now pending in this city, before Mr. Honry Nicol, as referce, an important suit involving an alleged violation of truston the part of an ex-judge, the re- covery of more than $50,000, including interest, and, Incidentally, tho title toa piece of property, which at one time it was believed would soon become of the value of $500,000, ‘THE PROPERTY. Im 8t. Mary's county, 10 the State of Maryland, stretched ous on all fours, with its right cheek washed by the waters of the Potomac Rivor and its nose dip- ping into the Chesapeake Buy, les a piece of land well known as Point Lookout. For some years preceding tho war, while the Southern blood was gradually ris- | ing in temperature and the political and social gap be- tween the two sections constantly widening, the at, tention of Southerners was attracted to the Point asa place where they might enjoy the sea broezes during the summer solstice and revel in tho soft salt waves with tempers unruflied by Northern sentiment, It was only within about two years preceding the war, how- ever, that thie purpose bad been partially realized, and Southern tumiilies could divide their attentions between the inountain air of the Waite Sulphur Springs and the sea breezes of the Point. At tne latter place thore bad been orected a large hotel, capable of accommodating several hundred guests, ground which clustered numerous separate cottages, ope more elegant than others, nestling in wooded exclusiveness and dignified by the title of the Lodge, Here the olden timo aristocracy of Maryland, the Dit- trict of Columbia and Virginia was about to plant itself, far from the irritations of Northera radicals; gayly painted boats were about to swarm on the Foto- mac and along the cuast, carrying thither the seekers of summer pleasures whom the concentric hnes of ratlrouds had dumped into Alexandria, Washington and Baltimore; oyster beda had been already planted at the door of the hotel cookhouse; the wild ducks of thy Chesapeake were swarming up to the very muzzle ol the sportaman’s gun, inviting bith to snoot; the eccon- tric landlord of tho hotel was ordering the slaughter of afresh sheep at every new call for mutton chops; the venerable Reverdy Johnsen had engaged his cottage and was about to add his eminent social qualities to the attractiveness of the acene, and the fairer portion of the guests bad shaken off thoir timidity apd had their confidence assured by a sale plunge mt trango waves, when the guns of Sumter rudely interrupted the enjoyment, after but a single senson. A PRISON AND HOSPITAL. During hostilities the peaceful pleasures of Point Lookout fe placo to the stern uses of war, and there was established a prison tor Confederato prison- ers and a hospital for Union solaiers, The latter, trom the armies of the Peninsula and along the Southern coast, camo to repair damages by riflo bullet and indigcriminating shot and shell, and fit out for another cruise on the bloody sea of war. Here, also, mapy of them—both federal and Contedorate—an- swered their last roll call, and as the grim buglor gouaded last taps their lights went out and together they ‘sunk to peaceful, dreainiess sleep amid the silent bivouuc of the dead. 4 HOME VOR DISABLED SOLDIERS. At the close of the war the government ceased to occupy the property or its buildings for any purpose. At the same time provision was about being made by Congress fur tho establishment of soldiers’ homes at various points im the States, and a lady well known for her patriotic earnestness and labors, Miss Baker, thought a location which had been sufficiently health. dul for a soldiers’ hospital should be cyually so for a soldiers’ home. She urged the selection of the Point as the location for one of these proposed homes. Con- gre:s seemed to favor it, and it was said the Board of Munagers were also agreeablo if clear title to the property could be obtaimed, Its area was said to be 320 acres, more or leas, as the ebb ‘and flow of the tide varied its metes and bounds, and on it were tne original buildings, together with others erected by the govornment; a store, a wharf and a number of outhouses, To this was added the oyster bed, an almost limitless supply of sand and a scarcely Jess 80 of mosquitoes. The owners also held a large claim against the government for use and occupation of the property during the war. GETTING TITLE. At that time, as well as could at first be ascertained, the title to the property was vested in E.G. W. Hull and William H, Allen, the former owning three-fourths and the latter one-fourth, and tho interests of both, outside of other liens, being held by them, in round figures, at $67,000. With these two Miss Buker soems to have concluded some kind of a conditional con- tract ct parchase, to be perfected after future pay- ments by her. But immediately there seemou to spring up trom all quarters of the State of Maryland and of other States numorons claimants of an iuter- est im the same property. One Colonel W. H. Dunkin- son presented bumself as bolding title to il, bat his title the Hall party pronounced a forgery. Gen- eral Williain Bayard also claimed title, but histhe Hall party claimed to be a fraud. To these was udued aclaim by ono Charles D’Arnand, who, it was said, got title through Dunkinson to an interest, and also one Colby, both of whose titles wore asserted to be n0 better than Dunkinson’s, through whom they derived them. Whatever may have been the truth in respect to these rival claimants and rival titles, certain it ts that in 1866, according to the testimony belore the referee, they had each other by the ears and wrangling in the courts of Maryland, trausters and re- transters, sales and resaics accumulating with almost every rising suv. TWO AGED SPECULATORS. ‘About this time there lived in Brooklyn two personal friends woll stricken in years—William Cornell and Joho Joho n, jn the Corn Exchange iu this city, while the Jauter, dur- ing forty yours or thereabouts, hud brewed ale and sworn by Jove at the corner of Jay and Front streets, Brooklyn. But Mr. Johnson waga man of largo wealth, avd both he and Cornell were disposed to be of a spec. ulative turn of mind. ‘The project of the purchuse anu future uses of Point Lookout were laid belore them, and with tho vision of a tucure fasuionable wa- tering place, Hanked on either end by a soldiers’ home and a government liguthouse, their uged imaginations became delighted ana charmed, ‘THEIR VISION OF THE FUTURE, Again they bebeld the soit summer waves bathe the glistening shore, and again ascended the smoke of the excursion steamers as (bey crowded the wharf; once more tuere moved upon the grounds a throng of happy guesis, the snow white buildings reflecting the rays of the noonday sun, ued the odor of good cheer making hungry the very atmosphere, With the viended mel- ody of the band on the lawn, the cheorful company on the balcony, tho builfrogs in the swamp and the katydids im the trce falling soothingly on the:r aged cars the old men sunk to peacetul slumber aud dreamed of untold additions to their wealta, THKY INVEST. They listened to the syren’s song, turned aside from the beaten path of their former commercial lite aud consented to invest their money in the acquisition of the property. lu various sums, Without any detinite security, but on the faith of title in Dunkinsow and Colby, they advauced $20,000, This was somo ume prior tu the 20th of May, 1506, at whi me, it scems to be concedes, the property, the contlicting titles to it and litigations concerning those titles bad got into a coudition of almost complete chaos, and the old men became irightened avout abe safety of thetr $20,000, AGAIN THEY INVEST. While in this stato of mind it was represented to them that their only hope of getting back their first investment was to eke a second of the same amount, for the purpose of buying up lirst lous on or interests in the property, thereby cutting off numerous subse- quent liens or pretended liens, which seemed to be Cunstantiy accumulating, acd with such rapidity that it Was at one time feared every male adult in tho entire State of Maryland might carry in his pocket some deed, contract of sale, mortgage or other claim to the property. The oid men con- sented to nake the investment, and as ex-Judge Lucien Birdseye, of this city, had for a covsiderable time previousiy been familiar with the property as legal ud- ‘visor to other parties claiming an interest in it, he was accepted as trustee for Cornell and Johnson to disburse their second advance of $20,000 to acquiring first liens 8 1m tho property tn their favor, and to hold operty subject to atirst lien in their favor for mount advanced by them. CLEARING TITLE, Atter much negotiation in this city, legal manwuvring fo the courts of Maryland, aud through many win- tor perils by land and sea, the trustee securea sitle to tho interests of Hall wad Allon. also stopped D’Arnand’s mouth with $3,500, sold the property un- der the first liens which he bad acquired and tuok title in his own name. But three weeks had to elapse be- The tormer bad long been well kuown | Court, and before that time had expired he received notice from “General” Bayard, another claimant, to the effect ihat be bad been prevented trom atiending the sale by a severe storm, and that he would oppose the decree of the Court and ask for a resule. Appre- washed out tata the, Spor ten of Hagation ‘again te wi sea of litigation us he bad touched land, he oa an he made compromise seeee: “ments with Bayard and algo with Dunkinson and Miss Baker, whercby they might share ultimately in the property, 4 GOVERNMENT CLAM. With the interests purchased from Hall and Allen by the trustee came aclaim against the United States gov- ernment for the use and occupation of the prs during the war amounting to $90,000 ‘Oat. this claim, when paid, Cornell and Johnson say they looked confidently for repayment of the money advanced by thom, baying in the meantime lost taith in their fairy dreams of the future of Point Lookout and become quite willing to torego titie to the property if they could only get their moi back. “aLL HELL COULD NOT GET IT FROM HIM. In 1868 the government allowed and paid to Birdseye on account of the claim $40,860. A few days precedi! this payment aud in anticipation of its Mies Baker telegraphed from Washington to son, in Brookly: ne made, iC. “come on.” He did “come on,” | APPEALING TO THR COURT. Instead of appealing to ‘all hell’ for aid Cornell and Jonson commenced the present suit against Hirdse; to compel him to account us their trustee. Ho bi received from them under the trust agreement in $23,000, Out ofthe money received by bim from tI government they r zed as @ legitimate disburse- ment $20,000 paid to Hall, but for the balance they in- | sisted that he should account to them. According to | vmetr complaint the defendant was bound by the | agreement to hold the propsrty—first. to secure pa: | mens of the $20,000 advanced to acquire title to it; second, to secure the original amount due by Colby ad Duckinson, and, after paymens of these, to be held for the benefit of other parties interested. They also alleged that the claim against the government was a part of the purchase made with their mo! | and that Birdseye took title to all in bis own | without authority. Birdseye er the making oi the trust agreement und the receipt of about $24,000 thereunder, but alleged that that agree- ment was subsequently varied by parole of the parties, ‘so that he was to have $20,000 tor legal services reo~ dered both before and since hia wausteeship in rela- tion to the property; that be was not exclusively trustee for the plaintif's, but for all parties ttiterestud in the property; that he was entitled to bis $2,000 out of the government money, but that all he bad to apply on that account ater makiog ments to Dun- Kingon and others was a little less than $9,000, and that the government claim was not part of the pur- chase made with plaintiffs’ money. THE RKPERER’S OPINION, ‘The testimovy in the case, which was very volumi- nous, and from which and the otuer papers jore the referee the 1oreguing iacts huve been gathered, having been summed i by ex-Judge Birdseye on bis own behalf and that of others impleaded with him, and by Mr, Charies N. Black on behalf of plaintitfs, the referee hus delivered an opimion, ou the questions of jaw and tact in the caso, He holds substantially that Birdseyo was tu expend the money advanced to him by plain- tiffs only in acquiring first liens on or interests in tho Lookout property; that his position in this respect was a fiduciary one; that it was the understanding of all the parties that the claim agatust the government should constisute a purt of tho first interesis to be ac- quired; that no parole change o! the trust agreement had been assepted to by plaintifis, aud t Cornell and Joboson wero to bave an interest in the govern- ment claim, when collected, prior to any others; that, even if such a parole change in the agreement had been made, it would strike him (the referee) thas the *do- fendantin a fiduciary capacity was seeking to obtain an advantage over his ceetuis que trust, which the law will not permit,"’ and, so far as acquired inte: the property, he acquired and holds such interests as trustee on bebalf of tho plaiatis. For his ser- vices and disbursements in collecting the government claim he thinks Birdseyo entitled to $12,000, and for the balunce of that clan be deciares judgment in {favor of th intifla. He further adjudicat ‘that plam- re & hen as first encumbrances upon all the real t Point Lookout for the entire umount of their indebtedness, including the sum {i hich Judge Birds- eye is individually liable tu them as above stated, interest from the time of the several advances ma‘ by’tnem. With this decision, except the amount allowed Biraseyo by the ree, the plaintsfls seem to be satisded, On this question of quantum meruit, however, they have asked to be allowed to give further testimony, claiming that the services of Birdsoye, tor hich plaintiffs are hable to be charged, are not worth $12,000, nor auy greater gum than $5,000, The referee has consented, and on this point the case is atill before him, LITIGATED TO DRaTH. Pending the determination of this action, Mr, John- son, one of the plaimtiffs, bas died, leaving the impres- ston ov the minds of some of his friends that, consid- ering bis advanced age, und the long series of negotia- tions and litigations in relation to this property, of which the present suit 1s but « branch, he was literally Utigated to death, Simple minded, plain and honost old man as he was, he contemplated no wrong himself aud suspected none in others, Wealthy as he had growo 1p his business, he seemed to have become un- usually ambitious of increasing it 4, hia old age This desire led him into speculations, mining or other as thoy were offered to him, and m one he claimed shortly before his death to .Bave lost $75,000, In the transacttons which led~t6 the present watt he was Out of pocket more than $50,000, But at last he bas ‘reat. The old tin saucepan, black and fire tried, in which he used to tuke the wintry chill off the ale for his triends, is, no doubt, yet singing on the rusty oflice stove; but the old man stirs it not and appeals to the Great Jove. The other plaintif still survives, but is feeble aud greatly advanced in yeurs, and cannot come to timo for mupy more rounds. THE LITIGATION SURVIVES. : The interests of the original parties are rapidly be- coming vested in their successors, the various conflct- ng clu re as clamorous, persistent and contl- dent us ever; the home for soldiers is unbuilt and the great watoring placo is but dim, en in the distance Through a thick Maryland fog—the dream of an ear- nest and patriotic woman’s life 1 yet uuluifiiled. property itselt has been recently sold under an order of a Maryland court for but $30,000, but the litization itself steudily acquires increased yitality and rapidly accumulating complications. When the oyster has finally melted out of tangible existence no doubt ail the parties will como together and solemaoly bury the hatchet in the same grave with the shell. REAL ESTATE, effected at the Real Estate 3: The following salos w Exchange yesterday :— James L, Wolls sold, by order of the Supreme Court, in foreclosure, Daniol Marvin referoe, the building with pict of land, 40x92, on the north side of Eighteenth strect, 116 feet cast of First avenue, to James Boyd for $2,400. A. HL. Muller & Son sold, by order of the Suprome Court, in foreclosure, Charles F, Wells referee, a house, with lot 25298,9, on north side of East Thirty- second street, 200 feet cast of Second avenue, to Thomas Murphy for $5,450. Hagh N. Camp eold, by order of the Court, in fore- closure, Lemuel H. Arnold referee, half part of fitty- two lots op northeast corner of Second avenue and 102d street, extending to the Harlem River, to plain- tit for $1,100, TRaNsrens. &., 125.5 ft. n. of Kivingtom, 25x87. 10; rto Caroling Suckersdortt -825,000 584 0 2.8, 870th w. of 2d uv., 168xI ry hderwood and wife to Peter Lang . 9,000 27) 10; Samuel Cockcroft 1,000 7,750 93d ot, nw. a okman and wife to Nom, 1B, &y 100 tt. w. of Church « Nadmi é 250 tt i Siem# tovohn Hudson st. (N in Arnould, + @ &., 61,105, ft, w, of Thompson « Ww. 8, Inegular (24th ward) Levy (referee) to Josep: Roseutha LeASK. Broadway and Doy st., 5 yeurs (tirs Union Toiexrapa Company ¢ Company + 16,009 jAGkes tw George Bell, ns. of hav. ; 9 years. Bell, n, 6. of Guth wt, e. of 4th av. Glare, Gi homus aud wito, to Jdonn W. C. Leveridge, w, s, of Market; I yeur.... Parseils, Edward's. ‘and wite, to corner 2d av. Lay 1 0 eile A. Rounds, yours... Ist ‘Thurston, Mary J., St, W. of ad wy. MUNICIPAL NOTES. City Chamberlain Tappan makes the following ment of funds in bis hands during the past —Balance January 6, $70,550 91; recerpis, $1,072,631 16; eae $680,464 19; balance Janu- oiler Kelly yesterday paid the laborers on , AoUntINg to $4,537 26. received by Sheriff , 10F A requisition was yesterday Rielly trom Governor Hartrantt, of Penu the bedy of Andrew J, Melieu, who is fore this title could be werfected by an ordar of the J srand larcanv, THE OUTDOOR POOR. ‘THE VAST ARMY OF DESTITUTE PEOPLE SEEKING ASSISTANCE AT THE OFFICE OF SUPERINTEND= ENT KELLOCK—FIVE THOUSAND APPLICANTS, REPRESENTING TWENTY THOUSAND PERSOKS, RECEIVED IN TEN DAYs, During tho past ten days the rush of applicants for Assistance at the office of Mr. George W. Kellock, Sw perintendent of the Outdoor Poor, nas been unprece dented in the annals of thut@epartment, Since the beginning of the month 5,000 names have been regia tered, and as each applicant, at the lowest estimate, represents a family of tour persons, the total number thus far requiring aid from this bureau is placed at 20,000 sodls, As the rush still continues uninterrupt- edly, andthe numbers seom to increase instead of diminishing, It ts a matter of considerable importance to the Superintendent to know whether or not the $50,000 appropriation will last long enough to go round, Several times during yesterday the spacious apartment facing El th atrect was so densely packed with forlorn looking creatures of every age, sex, color and nationality that the attachda of the office found it a difficult matter to moye trom point to point with freedom. Many of the beterogencous throng bad bees awaiting the opening of the doors since sunrise, and were chilled and beuumbed with cold. The warm ait of the room hada tendency to render the visitors drowsy, and not a few sunk back in the seats ranged along the walls and were temporarily lost to thetr mis- ery in slumber. O'hers, who were either old bands at the business or were worn out by exhaustion-from tong waiting, even slept by suatches in a standing position, and were only aroused to a sense of their danger by the nudges of their more wakeful neighbors who were onthe lookout fur the approach of an officer, Ail seemed to vo suffering more or less from severo colds, Judging from the incessant chorus ot coughing that broke the stillness. Wan faced, hollow-eyed women, with weak looking iotantsin their arms; stout but widently mechanics out of employ- erge of starvation; feeble old men, scarcely able to hobbie along; weak looking girls and young men well dressed and in rags—all met on a com- mon level and appealed for assistance tor themselves and those dependent upon them, presenting a sad piov ture of the misery and destitution prevailing in the metropolis this winter. Superintendent Kellock sat in an armchair in a rear room, but a portion of bis body g visible to the multitude in the room, By his side wus a small wooden box aud « basket, each of which was filled to overflowing with written appli- cations for aid received during the morning. To his lett au assistant who hes been busy trom morning ull night since the great rush began, his basket likewise being overburdoned with mute appeals (rom the pov- erty stricken. A long string of people forming half a circle, the tail end terminating at th t door, t! head rouching to the platiorm fronting Kellock’ desk, slowly passed in front of the latter. h appli- cunt was required to give his or ber name, number and a of street, age and condition, and no loag winded barangues or pitiful storiex were allowod to preface or ‘wind up the application for charity. Teh ould lise ten to ull the heartreuding tales of distress my bead would be completely turned and I would have time to attend to but little busi irked Mr, Keliock, Occasionally poor wrete! turesome in their desperation than othe! age tu get hall through a harrowing story before the Superintendent could find time tv get in a word edgew! They would at onco be revuked, their names taken down and lastly told to move on for the oti to approach. In this manner four and somotimes hundred applications have been received per day since the opening of tho new year, By appeals toraid lett with Mr. Kellock. act according to instructions given them by the chair. man of each district, each of whom daily receives from the Superintendent of the Outdoor our all petitions leit with him. Every tamitly is at once visited, and if tt is found that iow § are deserving and their state- ments ovincide with those given iu their application to Mr. Kvllock, their names are marked accordingly. Alter this tbe list ts again returned to the Superinten- deat and each family is supplicd with haifa ton of coal, EXTENT OF THE DISTRESS. This part of the business was commenced yesterday, the coul being delivered to the great host from almost evory coal yard in the district in which the applicants live, throughout the city. Thus far no measures have Deon tuken for aiding the destitute ether with grocer- fes or monoy, but it 18 thought that such an ar- ngement will be cifected ut an early day, it belug iound absolutcly necessary to keep people from starving to death. To accomplish it \t 1s manilest that Superintendeut Kellock will require more money that bas thus tur beon given bim by the Bourd of Apyortion- ment One striking peculiarity bas ‘mpressed the visi- tors and the Superintendent, and this 18 the discov. ery that but little deception bas been pracused this your, ninety-five per cent of the vast uumber who have applied tor aid huving been found to be as the represented themsaives, aud in many instances a great deal worse. Inspeaking of the miery and bardshi existing 10 this city atthe present time Mr. Kelloy THR “PROFRSSIONALS,”” “Lhave had many years of experience in dealing with the poor of New York, bat never in my Jong ca- reer have | seen so much real sickening poverty aud destitution as now, The $50,000 appropriated by the Board of Apportionment tor the reliet of the outdvor poor 18 good enough so far us it goes, and will do a vast deal of good, but it will require the best efforts and a catholic spirit among the united charitable associations of the city to alleviate the uistress. Tho general stage nation jin business and the hard twmes inci. dent to the samo have been the principal causes of tbe troubie.”” When questioned as to the manner in which the diflerence between the spurious wod the genuine applicants tor charity was uscertuined, be replied that to a certain extent it was dificult thing to tell As farashe was con- cerned he found nv trouble in detecting the ‘boats’ when they presented themselves to bim. Long ¢: perience and a thorough knowledge of faces, 1 with certain qneettonty enerally exposed the fraud. Sull he was liable to be, and had been frequently, ceived by “professionals.’? ‘1 recall to my mina two instances,” be said, “‘whicn I often think of. The first wus the cuso of a witow, She repeatedly called at this office for assistance, and received & ton of coal and aided in ot! ways. Tho frequency of ber visita, her bealthtulness and general bearing Jed. me tinally to think that everything wasn’t square lo her cuse, and an investigation, was made, ‘Tho result was we ascertained that sbe had between $600 und $700 de- posited in a savings institution, The ofticors of the bank were enjoined from giving her any money and were directed to reter ber to us when she culled, She was greatly put out when she learned that we bud dis covered ber little dodge. We let her g ber pay just douvle the price of the coal s this department. The other case wi He, too, came to us and related such pitiful stories of poverty and distross that we gave him a ton of coul, and I believe he also received aid from other gharitablo assoviatious. His wite eveotualiy ‘gave him away,’ and we were sowewbat astonished to discover that the fraud Dad a guodly sum of money deposited in the Third Avenue Savings Bank, Ho was required to dis gorge double the privo of the coal we guve him. Ro cently the officers of two or three charitable associa- tions complained to me that partics whom they had as- sisted were making w good thing of it by getting ald from this departmenotalso, I lgured up the whole matter and explained that the combined ald extended by ail the charitabie societies was not enough to keep a family of six or eight persons trom sufferiag—n The gentiemen acknowledged that such 0, «nd they have not called on such an errand second time. i 1{ the number of applicants continue at ratio throughout the month it 1s culculated persons will bavo to be supplica, Un stances it wiil require no ex to figure out the iength of time FUNERAL OF MR. MATARAN, Antoine Mataran, the well known restaurateur, whe died on Thursday lust, was buried yesterday in Calvary Cemetery. For upward of thirty-five years he had been the proprietor of the most popular restaurant in the lower part of the city, of a class only surpassed by Delmonico’s. His place, in Beckman street, was al. well vatronized, Mr. Mutarau’s remaing were cncioved in a@ handsome rosewood cof fin, mounted with silver. ‘The plate on the cottin coutained the name, age und dute of death of the deceased, The funern) procession came trom his late residence in Brooklyn carly yesterday morn- ing to the Freuch Catholic charch of St Vincent de Paul, in West Twenty-third street, in this city, where the funeral services were helt, A solemn requiem muss was said, Rov. Fathers Avubril and Rivivatieid brants and Fathers Chussel and Turne A large quantity of beautitul flower pieces, contribated by frivnas of the decoused, titled the woole space in front of tne chancel wand around thecofin, The church ‘self was draped in the embloms of mourning. The palibearers were all friends of the deceased, and were ‘essere, Watson, Anthony, Frey, Cotte, Rooke, Colfil, Rooker and Kamel, After the mass was ovor the re. mains were taken to Calvary Cometery, followed by & ‘ge Dumber ol ¢ ages containing the friends and family of the dec 4, Mr. Maturan was sixty-lour yeurs old at bis death, and leaves a large family, con- sisting of a widow, four children ond a number of grandcbildren. BOARD OF APPORTIONMENT. A special meeting of the Buard of Apportionment was held in the Mayor's office at twelve o'clock yester- day, Mayor Ely, Comptroller Kelly, Alderinan Purroy and Tax Commissioner Whevior were present, Comps. troller Kelly was authorized to issue the following:— Assessment bonda for improving and constru og Riverside avenue, $10,000; bot for the improvement of Third avenue, in tho TweMv-third and Twonty- fourth wards, $24,000; Third District Court House bonds, $30,000. T im Of $1,562 02 was transt to tne Hobrow Beno ‘olont Society iy $500 8840 the New York Society tor Kelief of Ruptured the same thi 100 these circum- inary mathematician 16 $50,000 will last, {CONTINUED ON NINTH PAGE) a I a a ee _NEW YORK HERALD, TUESDAY, JANUARY 16, 1877—WITH SUPPLEMENT.