The New York Herald Newspaper, January 17, 1877, Page 8

ard jor two pairs of pants anda pair of overshoes, * i 8 THE COURTS. “The Albany” Must Listen to the Marble-Sawyers’ Music. A SEPTUAGENARIAN —_—_—_— Flint, the Medium, Let Loose on the World with His Teapot. DIVORCE. THE STORY OF A “BILED SHIRT.” —__+—_——_-+ General Butterfield, one of the owners of “The Al- bany,” on Broadway, between Fifty-first and Filty- @econd streets, brought suit against Klaber & Co., own- ers of a marble factory adjacent, asking for an injunc- Mon restraining the latter from using steam engines in their factory. 1t was alleged in the complaint that ‘‘a continuous, loud, dissonant, jarring and offensive noise ‘was produced, whereby most of the apartments io plaintiffs’ building were rendered unfit for habitation, @ portion vacant and tenants threatening to throw up their leases.”’ In addition to the injunction asked for them was sought $10,000 damages. Considerable Sestimony was taken on both sides and Judge Sanford, of the Superior Court, before whom the case was tried at Special Torm, gave, yosterday, his deci- sion, It will be remembered that some time previously Chiet Justice Curtis granted a Preliminary injunction enjoining the defendants trom allowing the steam whistles to bo used, One of the present sults was to make permanent this injunc- tion, The decision of Judge Sanford, which is em- braced io quite a lengthy opinion, covers scveral points of special public interest. After reciting the facts of the case and giving an outline of the testi- mony on both sides, he states that “it cannot, there. fore, bo maintained that a law/ul businers, not in itself noxious or deleterious to health, not offensive to the @enge, not necessarily detrimental to the comfortable existence of those who dwoll in the neighborhood, in short, not per sea uuisunce, is uneuited to this, if in- deed, such a business reasonably conducted can in judgment of law be deemed unguited for uny locality, wever fastidious and exclusive the babits, tastes and pursuits of its occupauts.” He holds that tl usiness of cutting and polishing bi not per se a nuisance, Fursher on be says ‘‘that people, however, who have extraordinary sensibiliiies or nervous temperaments, the sick, une afflicted, they whose refined tastes, habits and inclina- tions lead them to profer complete silence exclu- siou and au abode remote from the busy industry, are not to be selected as best quali attest or determine the precise limits of mutual for- bearance.”’ He gives it as bis opinion that one of the Causes probably why apartments in “Tne Aloany”? re- Moaln vacant-18 not so much the contiguity of the marble factory or the discomfort of its jarring ma- ebinery as the fact that the rents romain at the samo figures as at its completion two years ago, where- as during that period tho price of real estate | im that violty bos detorjorated one-third in | value, After further discussing the merits of the case he continucs the injunction as to the’steam whistios, but refuses to grant uny other injunction, He then | closes his opinion as follows, which really contains the whole germ of the matter:—‘‘In arriving at this con- clusion { adopt and follow what seems to me to be, on the whole, the most satisfactory rule in regard to such cases, viz.:—That in the enjoymout of his own land one must be confined to such reasonub!o use thereo! as will not inflict injury on his neighbor or interfere with his neighbor's reasonable cnjoyment, and must submit tosuch inconveniences as necessarily result from the reasonable and eajoyment by his neighbor of land belonging to him.’ It might have beeu stated above that Judge Sanlord, in tho course of his opinidn, al ludes to the (act that when the marble factory in ques. tion was built, in 1869, the neighborhood then was bleak, barren and rocky, and further that the proprie- tors of the Albavy must have known what they would havo to submit to when they located their building contiguous to it, RELEASE OF DR. FLINT. Rafas Wogner Flint, the spiritual medium, who bas Deen lying in Ludiow Street Jail since the 24th of July last for non-payment of alimony, was yesterday @ischarged from custody by Judge Donobue upon th consent of Mesers. Townsend and Weed, attorneys for Mrs. Flint. The application for discharge was made by Messrs. N. Hill Fowler and A. H. Reavey. After the grounds of app!ication had beon presented by. Ceansel Mr. John D. Townsend stated that he did pot Gesire to oppose this application, although the grounds | as presented had been argued and determined before, but that he was satisfied that no good would be sub- served by bis furtier detention. Mr. Townsend then called the attention of the Court to the fact that in the carly stage gf this proceeding, in an affidavit sworn to by Fiint and used in this proceeding, an at- tack had been made against Mrs. Flint, in which ner counsei’s name was introduced. Belore consenting to Mr. Flint’s discharge he stated that injustice to Mrs. Fiint he desired to road two lettcrs, one received by him from George W. Wilson, who had until now vacted as Mr. Flint’s counsol, and the other fgym Mr, Flint. As an excuse for making pubjic the ietier from ‘Mr. Wilson he considered it necessury to say that this Jetter had been sentto him by Mr. Wilson without apy application therofor and after he had to tne fullest extent expressed his opinion of Mr. Wilson to his | face. Ho stated furtber that he thought it best to let these parties paint each other’s portraits, He then road the following lewters:— New York, Jan, 6, 1877, Mesers. TownsexD & ED -— GentiyMns—! f Helen M. Flint against Rafus W. Flint I have rotired ua attorney and have notified Flint of the fact. Mr. A. H. Wright, who emp me inthe has become sutistied, Miss Crosby, with whom Jed, that deen playing the part of # most consummate hypocrite with them und with me, and is therefore no longer entitled to either their friendship or sympathy. I have felt that Flint was an unfortunate man, gw subject o! jous persecution, and having now bec jed hav idea isan Outrage npon my feel tation in telling you that T exceeding’ lending myself to a position of bitterness against Mr. Townsend and Mrs. Filnt as [have done unjustly, but un- conscious of the injustice at the time. This letter tx not ‘written to be, nor must it be made public, bat I am willing (alter an interview If you desiro lt) to do whatever is in ny to make right apy position which I have taker Flint consistent with my past igh Flint ax Thaye always acted in | the past and trust in ti sustain the record that | my conscience may approve of my conduct, | Very respect- ‘your obedient servant, = GEORGE W. WILSON. D. tr New Yorx, Jan, 15, 1877. ). TOWNSEND:— sar Dax Sin—I lool that it Is but Justice to you and Mrs. Flint to exploin the muvner in which the sepeenntees n- juan affidavit a 0 several months since I now retained t this as an y dear sir, W. FLINT: Alter reading the above letters Mr. Townsend ro- marked that be boped the Court would discharge Mr. Fiint from Ludlow Street Jail. — Judge Donohue at once gave an order to this effect. Dr. Flint was worjoyed athis discharge, He advanced Townsend and extended his band, but the ands with him, He then Jett court room accomp: by some friends, and the | int # it will bo sume time to come before n figures so conspicuousty in the courts as ho ring the lust few months, A SIX CENTS’ SLANDER. On tho 16th of July Inst John Leonard, then a | boarder in tho Park Hotel in this city, entered the Hotel olfice in astate of undue excitement and de- of tho landlord, George A. Crowfutt, if he was going to pay for ‘that shirt.” As appeared by tho tes. timony in a suit between the parties tried before Judge | Sheridan onda jury in the Murine Court, yesterday, ‘mhat shirt’? wasn sbirt which Leonard claimed to bave rent to tho hotel laundry and had not received back. A whirl bad been found with I.conard’e uame on ft, and while be claimed this as his, be denied that it ‘was the one for which he then demanded payment, it A ea —p-__—_— \ NEW YORK HERALD, WEDNESDAY, JANUARY 17, 1877.—WITH was moe pan” 27th bis decision the result of the suit Sava 2 ag Ant | ii nt ie rm ete ewe | a ive fa JS > — a case, atter Ungeriog tn tbe courts here for some time, DECISIONS. Journed until February Siem Lapa ckiitae was 0 carried to the Court of Appeals, the opinion ‘Couat—TRiaL Tuam—Pars 1—Held by Chief of which tribuos) has been rendered through J: SUPREME COURT—CHAMBERS, Judge Shea,—Nos, 1583, 6694, 4185, 738, 7382, 1548, E ining the order of arrost against the By Judge Donohue. 8805, 2015, 2076, 4864, 2719,’ 5097, 5330, 8983. fendants. Alter s‘ating the facts of tho case and the Murdoch va. Schlenitz; Smilli va, Haessir; Forbesve, | Part 2—Held pe vy —Nos. * 5499, ron cyte succeeding so closely bat the perce Poillon; Kukuck vs. Marray; Browning va Abrams; | 5245, 5576, 5 788. ry Cpe 6609, 5671, ra a ae Lenin jieterring. i. ine dentate, The Grenwiah Paes pein Beck vs. Carrahei ms, h 86% 5674, 5682. = 8—Held a a Sneri- that thoy wore utterly and hopelessly insolvent; that bers Gavange! ‘Bank ve, ‘Shaw; Willian, ga Williecas'os 35 30, i ry 5650, 5651, their condition Was such that no change of fortune or friendly sid could relieve them; that their banking house might any day be closed; that they would soon have either to go into bankruptcy or make an ass'gn- ment, and that es had no reason to hope that tho could tide over their financial difficulties. He holds that under those circumstances they could not honestly continue their business and receive the mouey of their customers, DIVORCE AT THREE SCORE AND TEN. The Morris divorce suit, an account of which has already appeared exclusively in the HxeraLy, came up aguin yesterday before Judge Joscph F, Daly at Spe cial Term of the Court of Common Pleas, ‘The facts in this case are as sad as they are poculi The plain- tiff, Matilda Morris, Is seventy years of age, while the defendant, Robert C. Morris, 1 soventy-four years old. The parties to the suit are connected with families in high social standing in this city, the defendal nol Morris, being brother of tho late George P. and uncle to 1’a Morri#, the poctose, and also to Gen- eral Morris, They were married on the 23d of Decem- ber, 1830, over forty-s!x years ago, and lived together until 1854, when, as plaintiff alleges, on account of i)l- treatment and infidelities on tho part of dofendant, a separation took place. _ They then had seven children living, the eldest of whom was twenty-two years old and the youngest one year old. This estrangement between ihem oontinasa for seven years, when, in 1861 reconciliation was effécted, which, however, ‘was destined to be of short duration, for at the end of eight months, it is ene. tho cefendant deserted the plaintiff and went to Hilton Head, 8. C., with a woman ‘whose name is unknown to the plaintif. Sinec then they have not been united. It appears that for a period of over twenty years they have been on several occa. ions betore the polico and other. courts, where the laintiff sought for-redress, On the 3d of December, 875, the plaintiff! commenced this present action in the Court of Common Pleas, since which time several motions have been made, Mr. Matthew P. Breen, counsel! for Mrs. Morris, made a motion soon after the commencemett of the gction for alimony and counsel jee, which was granted by Judge J. F. Daly, The dofoudant, howcvor, refused to pay the money ordered by tho Court, which resulted in another motion to punish him for contempt Jor his disobe- dience of the order, which motiou was also granted by ceived the comm!tment which was to consign him to Ludlow Strect Jail, Judge Robinson, on motion of George P. Howe, dofeadad's counsel, grapted a stay of proceedings, an appeal from the order to the Gen- eral Torm., After considerable delay, t result of several motions, the cause-at length reached the Gen- eral Term in the early part of the present month, when a decision was rendered affirming tho order ap- peaied from. By this decision Mrs. Morris becume entitled to several hondred dollars arrears of alimony and costs of proceedings. The delend- ani’s counsel now makes a motion to reler the cause for trial, but tho motion is resisted on the grouads that the money awarded plaintiff by the Court bas not been pald, aud tbat therefore the defendant js notin a position to ask favors of the Court, During the argument yosterday considerable warmth was manifested by counsel, although one Would suppose that this antiquated litigation would have a cooling influence on the contestants. The plain. tif was not in court yesterday, but Colonel Morris, the defendant, an elderly and military-looking gontle- man, was present, The motion to refer was denied, with $10 costs in /uvor of plaintiff. Mrs, Morris’ coun. sel stated that it wus the caruest desire of bis client that the case should be tried before a ju Should bor desire in this regard be gratified-the probability is that the records of the court will show one of the most sin- aoe divorce suits recorded in all the myriad tomos of the law. A DISMISSED POLICEMAN. Thore must bo a strange fascination for police duty, ‘as in nine cases out of ten when one isdischarged {rom tho police force he uses his utmost endeavors for ro- mstatement. A rather singular caso of this kind was argued yesterday before the Supreme Court, General Term, following a writ of centiorar! requiring tho Board of Police Commissioners to state the facts upon which they ordered the dismiseal of James Skahan, his dismissal being on the ground of aileged neglect of duty. Skahan, shortly aiter midnight, on the 29th of October last, while on post in Swenty-third street, near Sixth avenue, heard the cry of **Police”’ and saw two men fighting, Commissioner Erhardt happeued to be on band, and called th ention of the officer to the fact, when the officer er hotly responded to him, “Whatin hot) is it your business?’ The Commissioner did think it-was some business of his—at least to the extent of baving Skaban dismjssed as unworthy to eupers ine = of ae rondcloth and brass t W.F, Howe, t Se ws tended that Beaayat SRT UT RURL a Zus0, the jury and the judge—three positions, which he con- tended were incompatible for one man to hold, Mr. McLean, on beball of the Commissioners, took a re- rse view, and tho Court took the papora, Mr, Howe also made ‘a strong argument for the reingtatement of Kerin Finnerty, dismissed from the pollee force for being absent from bis post. Ho was here likewise op- posed by Mr. McLean, the Court, as in the other caso, taking the papers and roserving decision. SEIZING A BREWERY. The brewery, corner of Sixtieth street and Ninth ave- nue, which Jobn J. Bety claims to have been his prop- erty, was seized by Sheriff Conner in March last, on an execution upon a judgment for $8,162 45, obtained in the Superior Court in a suit of Patrick Maginn against Michaol Grobe. Growing out of this selzure, a suit wae bronght by heck against ex-Sherift Conner for $50,000 damages, whicl guit came to trial yesterday in the Court of Common Pleas, before Judge Van Hoesen, According to the plaintiff's story, the property selzed comprised 1,800 barrels of stock beer and 350 barreis of other beer, be- sides 82 hogsheads, He claimsto have been utterly ruined and forced in conmsequonce into insolvency. The defence is that the brewery belonged to Grobe. Ex-Judge Gross and Messrs. Allison & Shaw, npyear for the plaintiff and Messrs, Vanderpool, Green & Cummings for the defendants. It looks as though the trial might occupy several days, SUMMARY OF LAW CASES, Jobn Kelly, charged with complicity in the Inte mail robbery, was yesterday held by Commissioner Shiclds to await the action of the Grand Jury. In the guit of Rachel Van Dorn vs. the Central Park | and North and East Kiver Railroad Company, for damages on account ofa broken ankle, tried before Judge Sedgwick, of the Superior Court, a verdict was yesterday given for $1,000 to the plaintift, ‘An attachment for contempt was yesterday granced by Judge Donohoe against Charles Howard Williams, attorney for George A, Crofutt, inthe injunction suit of Mitchell vs. Crofutt, It 1s claimed that Mr. Williams induced Crofutt to disobey an injunction ordor restrain- ing Crofutt from interfering with tho plaintiff in the inanagement of the Park Hotel, Mr. Williams is held in $1,000 bail, Tne trial of Charles H. Miller, charged with com- “plicity In crooked whiskey operation! as continued yesterday before Judge Benedict. Sherman of- fered evidence to show that defendant on receiving notice of the arrival of spirits, failed to enter them in his government book untii some days afterward, The defence held that the spirits did not come into the possession of the defendaat “ull the day they wero entered, und that they were hot moved front tho charge of the transportation company until that day, Op this poiut Judge Benedict ruled that the notice of arrival must bo considered to moan that the spirits were then given into defendant’s post in. Ezra Miller, inventor of “Miller’s Trassod Platform, Compressed Buffers and Automatic Couplers,” was defendant in the trial yesterday, before Judge Barrett, of asuit brought by Charles C. Miller for percentage in selling the rigbt to use the invention, The detond- ant claimed that he had settled and paid all his in- debtedness to a pe tt The jury, however, gavea verdict lor $444 06 against bim, James Mevleliand, formerly an onginecr in the Havomeyer sugar refloery, brought suit against owners for $25,000 damages on account of lo-ing all the dingers ot his right hand while engaged in cleaning the stoum pump, an ignorant and unskilled assistant, os he claims, having opened a thro:tie valve of tho pump at the time, The caso camo to trial yesterday before Judge Van Brunt, holding Supreme Court, Circuit, and resulted in (he dismissai of the complaint, ‘A curigus will case t# now before Surrogate Wagner, of Queens county. Willard Druke, a resident of FI jush- ing, was the owner of considerable property. Several years prior to bis death ho made a will which provides Previously to this, Crowfutt claims he had patd Leon- bat | the r claimed to havo. lost leo, ; Jormati from the servants led Crowfult to | believe that in-inis transaction bo had paid Leonard | for the loss of property which it was doubtful he evor | od, When, therefore, on this hot Joly night | 4 became excited on the shirt Ve sated | deca equally excited on the pants and overshocs Rep. ands obargios Leonard with being an old | yndier, ordered him out of the house. | But, dis- Liovnsist on all the rights which the loss of his suirt conferred on bim, Leonard waxed still more | Bngry and persistont in his demand, whereupon | Crowiutt fad an officer convey bin to the pintion bourse, from whence ho was summorily dis- mineod by the sergeant. Leonard then instituted the present suit againel Crowfuit for false imprigovment aud #lander, laying big damages at $2,000, The frets, of which the foregolng is the sabuance, baying been presented 10 the jury, they found a ver jet in favor of Lite pintutsd, estimaitng et! “cing his damages in (he promises nt the # py yl eix cents, dat pinG PiNSNCTAL = Div PICULTIES. ‘Ap important decision has just been rendered by the Court of Appeals in the cnso of Waebington A. Robel- Mog agrinst Duncan Sherman & Co, On the 2ist of Faly, 1875, the plaintul purchased of the defend | drep, | heirs named in it, that after the death of his wife, should he dic first, the proverty is to be equally divided among his s:x chil- ¢ did die first, but In the meantimo had built a houee in Flushing for two of his daughters—one Mra. Lane and the other unmarried—in leu, ag the other four heirs now allege, of any claim under the will It further appears that just before he died Mr, Drake made a second will bequesthing all his property in oqualsbarcs to four of his children—Mrs. Gideon, Mrs. Bangs, Mra. Ayer and his son Robert—but making no mention of Mrs, Lane or the unmarried daughter, Messrs. Covert & Reid appear for the first. will, im the interest of Mrv, Lane and Miss Drake, and Senator J, Bradiord Prince appears for the last will and the four ‘The hearing stands adjourned until Friday. Messrs Oakes A. Ames and Oliver Ames obtained, some timo since, the facts of which were publisted at the time im the HeraLp, a judgment for $127,115 67 against Spencer H, Smith and Jozeph A, Soaver. An ton was duly igsued, but the same wag re- fied, Ivhaviog been eecertained that be absignoo of thé judgment debtors, had property of theirs in bis |e eeaget he wag cxamined, and the fact was disgloged phat he bad sold a seat in ¢ Stock Exchange belonging to Smith & Seaver for 5,0.0, OU of which sum he bad on hand $2,070 03, the ri jor having been paid as dues and indebted- of the Stock Exchango, The ques- her this sum shall be paid in part judgment or given to th ir that purpose, ‘Thi nnow is satisfaction of ‘ordinary way, at thet banking honse, a sight draft 1 near Bouk, London, which on presepimen\ ’ who bas brought suit bolore wes Judge Donobue yesterday, woo wibnl4, Judge Van Brunt. Betore, however, the Sheriff re- |, al; Von Clotf va. Paulding; matter of Dalton; Mobring ve Gremin; The German Savings Bank vs, Shaw; Sullivan ve. Johnson; matter, &¢., of O’Caliaban; Block va. Byrnes; Brown vs, Haviland et a}.; Brush va, Hackett; De Guiscard vs, Hoyt; Scoville vs. Glines; ‘The United States Trust Company vs, Wester- field; Farr vs. O'Hare; Metzger vs. Oppenheimer; The Broadway Savings Lnstitution vs Beebe; Sammis va. Gray ot al.; Siedenbach ve. Abrams; Butler vs. Sa- linger; Hock va, White; Speare vs. Burke; Luicon ve. Tucker; Ferris va. Murphy; Adamson va, Owen; Tho Real Estate Trust Company vs. Furrell; The Berkshire Woollen Company va, Julliard; The United States Life Insurance Company vs. Poilion; Schrocder vs. Wag- ner; Pinckney vs, Bromell and Bolles vs. Doff.— Granted, Brown va, Goodwin; Taylor vs. Broone; Brown vs, Broone; Vial vs. The Mayor, &c, ; Tyng ve. Baud; Gray va. Jobes; Hudson vs. Schiller, —Orders granted, Tyng vs. Serrell.—Motion granted. Off for term simply means that the cause over tothe next term. In that case it isthe Cl ‘s duty to put it on the next term; in this case, as he declined to do it, the order asked for is prope: Rich ve. Decker ot al.—sotion denied on ott a 808 tO fondant re! take such steps and discontinu: jenied with costa, The Mayor. &c., vs. Goodwin.—Motion granted, on payment of $10 costa. . Atkiugon vs, Ponda.—Tho motion should be granted unless plaintiff amends and pay: 0, Nolan vs. the Liverpvol, New York and Philadelphia Steamship Company.—Motion denied, with loave to put cause on calendar, Toale va. Teale.— I desire to see counsel, aly vs, Reford and another.—Granted, on payment of costs. ° Conrath vs, Gillespie, —Case cannot be triod at Cham- ere, ra ve. Mott; Straiton va, Wabbenhunt.—De- a Fin va, Core.—Denied, without cos! Mosos vs. Jesurum.—Memorandum. Biiss vs, Nebeuzih] —Motion denied. Memorandum, Alkinson va, McDonald.—Motion granted. Graham vs, The Mayor, &c,—Granted, on payment of costs. Prime vs. Hamilton; Vath vs, Vath; The Union Theological Seminary vs, Powers, and Osborne vs, Taggart. —Gravted. tewart vs. Riblet.—Motion granted, Memorandum. The Tradcsmen’s Natioval Baok ys, McFoeley, &c.— Motion denied. Memorandum, Angus vs, Angus.—Decree of divorce granted. SUPERIOR OOURT—SPECIAL TERM. By Judge Sanford, « Butterfield et al. ve. Klaber et al,—Jadgment for plaintiff to tho extent spocificd 1m opinion, MARINE COURT—CHAMBERS, By Judge McAdam. Wood vs. Gates; Bruggemann vs. Bank of the Metropolis. —Opinions filed. . Gilles vs, Weed; Gilles vs. Van Arsdale; Boyce va, Asher; Ho! ve. Banks.—Jadgmonts for plaintiffs, Marvin Safe Company vs. Lowis.—Sheriff ordered to return execution. Nash va. Sila. Dudiey.—Delaults, Fadden vs. Bachran; Hays vs. Rogers; Devlin va, Caldwell; Smith vs. Van Valkenburgh; Lanton vs. Meyer.—Motions granted, » Ferden vs. Foster.—Costs taxcd at $267 87, Greon va, Barnes.—Allowance of two per cent granted, Coblontz vs. Bernheim,—Default opened on terms. See papers. ~ i vs. Julian.—Mr, L, A. Gould appointed ro- ceiver. Traumstein vs, Farra.—Motion granted, See papers. Weil vs. Meagher.—Defaults opened. may, vs, Solomon.—Mr, A, J, Perry appointed roe ceiver. Stausky va. Sternhaus.—Defendant discharged trom arrest. Dolamater vs. Wagstaf.—Mr. William H. H. Robin- gon appointed receiver. Sweeny vs. Walsh.—Reforred to Mr. W. H, Leonard. Richardson vs. Disossy; Hargeons ve. Rogers; Kuntz vs. Deiman; Turnbill vs, Reid; Kinney vs. Belcher; Goodman vs. Hill; Meyer vs. Hirsh; San- born vs. Rose; Hecht va. Harris; Burrows berg; Strong’ vs Wenck; McLaughlin va, Ennis, — Orders granted, Cander vs, Conner. disvursethents taxed at Bull vs, Garretson; Garry va iver’s compensations apd GENERAL SESSIONS—PART 1 Beforo Judge Gilderslecve, A HIGHWAY RUFFIAN PUNISHED. About the middie of Jast Uctober a butcher named James Colgate, irom Paterson, N. J., paid a visit to Washiogton market, During his stay he visited sev- eral saloons in the vicinity, in ono of which he met Andrew Hanlon, who called himself a spoculator, re- siding at No. 228 West Nineteenth street; also Patrick apne with hath of wham nacdpe nie meen —tem Al r mutual congratulations Colgato’s newly found friends insisted upon his going to o ball at Central Park; meanwhile several saloons were visited and a good deal of liquor was disposed of. Colgate made several unsuccessful attempts to lJoave the coach which had beon procured to tako the party to the ball, but was prevented from doing so. He finally, however, succeeded In getting on the ground, but Connors, who sat upon the box, jumped down and endeavored to force him back into the couch, Hanlon Ne es the door. Colgate resisted, and Connors, finding hituselt unable to force him back into the coach, seized his finger, on which was a ring containing diamonde, and forcing it into bis mouth bit out the stones, Having thus despoiled their dupe Connors and his accompjice Hanlon drove off, leaving the uafortunate man standing in Central Park alone at an advanced hour in the morning. Justice, however, was not foiled in this instance. Shortly alter the occurrence Connors was arrested, tricd and.convicted of highway robbery, and Recordor Hackett sentenced him to t! tate Prison tor twenty years, with hard labor, For a time Hanlon eluded the watchtulness of the police, but was at length overhazled and indicted. He Was arraigned at the bar yesterday by Assistant District Attorney Rollios; he Dleaded guilty, and Judgo Gildersleeve sontenced him to ten years in State Prison, PLEAS AND SENTENCES, . Avagrant, who gave his name as John Muller, was arraigned on a charge of breaking into the premises of Robort J. Slater, of No. 14 Perry street, and stealing a coat. Tho prisoner pleaded guilty and was sent to the State Privon for five yeurs, On the 14th of January, last year, Joseph O'Donnell, living at No, 303 Front street, forged, as alleged, the name of Thomas D. Marsh, of No, 169 Front street, to a check for $2,000 on tho Market National Bank. ‘He pleaded guilty and was sentenced to eighteen months’ imprisonment in the State Prison. James Smith and John Tierney suceceded in stealing aeilk handkerchief from the pocket of Miss Laura Ball, of Brooklyn, as she coming down Broadwa: ‘They were cuptared almost immediately and yest day pleaded gusity to tho offence charged, Sinith was sent (o the State Prison for threo years and Tierney for two yoors, A COWARDLY RUIFIAN, A young man who gave his name as John Madison, nineteen years old, was arraigned at the bar charged under the following circumstances :—It appeared that on the 6th of December Mrs, Mary Lioyd, who resides at No, 466 Second avenue, left her apartments on busi- ness, and un returning found all r clothing packed uponthe bed, Upon raising ao alarm she was cn- countered by the prisoner, who, taking advantage of her very delicate condition, proceeded to assault her, The result was the promature birth of a child, and it was expected for atime that the lady had sustained almost fatal injury. The prisoner pleaded guilty and was sentenced to soven years in the State Prison at hard labor. GENERAL SESSIONS—PART 2 Before Judge Sutherland, THE FERRY TICKET CONSPIRACY, In the caso of The People vs. J. A. Van Valkenburg and George W. West, charged with defrauding the Pennsylvania Raliroad Company, several witnesses were examined yosterday by the detence. Tho de- fendants were examined, and in response to Mr, Jobn O. Mott denied all the allegations made by Willian M, Piatner. Mr. Charles W. Brooke, counsel for the prosecution, then produced eee testimony, which brought the evidence to aclose. The caso will be summed up and submitted to the jury to-day, COURT CALENDARS—THIS DAY, Surreme Court—Cuamnens—Hold 4 Judge Dono- hue.—Nos, 29, 57, 60, 61, 72, 76, 82, 92, 101, 127, 146, 160, 162, 178, 176,'176, 187, 189, 206, 209, 210,’ 217, 218, 226. ‘Supreme Covurt-—Spxciat Term—Held by Judge Lawroncs,—Not. 1, 46, 47, 64, 65, 97, 100, 101, 102, 103, 105, 100, 50,'118, 110, 421,’ 124, 127, 128, 130, 133 135, 136, 190, 141, 143, 144, 148, 160, 162, 205. SuPREME COCRT—GENERAL TeRM—Held by Judges Davis, Brady ana Daniels, —Nos. 146, 189, 168, 171%, 177, 166, 182, 183, 184, 167, 117, 118, 119, 185, 186, 187, 188 199, 192, 193, Surnymm GourtT—CiRcuit—Part 1—Held by Judgo Van Vorst,—Nos, 2483, 862, 3785, 2011, 2783, 1825, 2077, 2119, 2721, 2725,' 2790, 4200, 4201, 2548, 1963, 2501, 260%, 1093, 3, tris, 268, 2748, 2627 ana, 26y7 P Held by Judge Van Brunt.—Nos. |, 189! Pare ea itoy 826%, 1281, 8444, 2404, 4202," 1008, 171634, 1876, 1065, 1344, 500, 1908, 1462) 1728, 3078, 1026 34,1466, 1478, 1096, ‘Part 3—Hold by Judge Barrett.—Nos, 2235, 2060, 1890, 900g, 181 374, ie 8, 3161, 1860, 427, ie 7 M6 ace $053, 171% " 1148, 4187, 2287, 513, Surxniog CounT—GexERAL TeRM.—Adjourned sine dio. SUPERIOR Count—frxcian ‘tyna--Held by Judge SvraRion JudgaScdgwick,—Nos. 252, 435, 948, 260, 652, 436, 318; 009" 819,"460, 506, 600, Part'2—Aqourned ‘until t “Common Pieas—Equity Tenu—Held by Judge J. F. Spcit.—Noa, 56, 66, 06, 08, 22, 87, by 4 sot, $02, 603, 604, 876, 486, 1063, 317, 450, 403, day, Feb 1877, Mle tuned Term.—Adjourned for the Daly. —Nos 4, 20, 28, 14, 9, 12, iOR CouRT—TRIAL ‘tee —Part 1—Held avy, 198) 312,' 179, 315, 40036, 408, 486, 365, CouMON PL¥AS—GENERAL Commo PLuas—TRIAL Tea—Part 1—Hold hy Judge Gitdersleove.—The People ve, Mortimer Shea, bery; Same vs. John Woods, robkery; Same va Simon Fishbiatt, felonious assault and 3 ys. Jacob W. Pickles and Frank Steuart, burglary; Sam David Wilson and James McCormack, burglary; Same vs. John Lamb, burglary; Same va, David Warren and _James Warren, grand larceny; Same vs, Emma Biglin and Kate Smith, grandlarceny; Same vs. hogy eo J. Raynor, grand larceny; Same va, Henry [aod larceny ; Same vs. James Beidisacen, ran py; Same va, Nellio Osborn,, Edward clean, Frederick S, Burton and John Long, grand larceny; Same vse. John T. Young, grand larceny; Same vs. Frederick Kinnel, grand larceny; Same vs, Henry Eastwood, bigamy; Same vs. Thomas MoGloin, misde- meanor; Bame vs. Charles Haggerty, assault and bat- tery. Part 2—Held by Judge Suthefland.—The People va. Jacob A. Van Valkenburgh and George W. West, conspiracy. COURT OF APPEALS. Avpany, Jan, 16, 1877, In the Court of Appeals, Tuesday, January 16, 1877, MOTIONS. Brown vs. Burhans; Powell vs. Powell.—Motion to restore and place on the next calendar granted, No. 233%, Cohen vs. Continental Insurance Com- pany.—Motion to add John J, Anderson as receiver granted. 8, Hand for motion, No, 242, Bridenbecker vs. Farrell.—Motion to dis- mise appeal, J. J, Dudleston for the motion; 8. Hand, ‘opposed, Shaft vs. Phoonix Insurance Company.—Motion to amend remittitur, §, Hand for the motion; H. J Cookenhard opposed, Kalbfleisch ve, Kalbfleisch.—Motive to amend remit- titar as to costs, Scott Goodwin forthe motion; 8, Hand opposed. APPEALS FROM ORDERS, No, 420, Mott vs, Moti No, 421. In re Ci tt, —Argued by Charles Jones for appellant; ©. A, Hand and 8S, Hand for respondent, jo. 299. People ex rel. Burroughs vs. Brinkerbom — Argued by Joba J. Armstrong for appellant; Bradiord Prince for respondent. ¥ Gencral Calendar—No. 123—Nash ‘vs. Manufac- turers’, &., Bank. No. 124 Nash va, White’s Bank, of Buffalo.—Sub- mitted, No, 41. Boqypvs. Carter,—Argued by George B. Bradley for appellant; A. P. Ferris for respondent, No, 133. Barber ve. Sterling. —Submitted. No, 137, Miller ve. keg ag by Charles A. aagheon for appellant; William Newman for re- sponden Proclamation mado and Court adjourned, DECIMIONS HANDED DOWN. Motion for reargument denied, with $10 costs, (Opin- jon on file with roporter).—Cochrans, exeoutor, vs Ingersoll, udgment affirmed, with costs.—Smith vs. Schultz, Miller vs, Brenham, Filer vs. N. Y. C. and C. R. R., Norton vs, Pattee, Cudney vs. Cudney, Train vs, Hol Jand, Purchase Insurance Merle Greene vs, Thomus, Robertson va. Atlantic Mutual In3urance Company, Morse vs, Purvis. Order affirmed.—Clark vs. Lyon. ; Judgment reversed and new trial granted, costs to abide event,—Parsons vs. Johuson, Smith va. McKin- ney, Smith vs. Kidd, Morey vs. Laubora, Wood vs, La- fayette, Judgment modified by striking out the allowance for extra costs, and as so modified affirmed, without costs as to either party in this court,—People ve, Now York and Staten Island Forry Company, Order affirmed with costs. —Iu re Rhinelander; in re Zbarowski; in re New York Kpiscopal Public School. Judgment modified by adding to the allowance to tho appellant by the Court below of $239, made up of three items, and $400 also mado up ol three items as stated in the opiuion of Judge Folger, with proper ad- jJustment of interest, and as modificd aflrmed without costs as to oithor purty in this cour.—Hanuahs vs, Hannabe, Judgment of the Supreme Court and decree of Sur- rogate reversed and proceedings remitted for rehear- ing by, the Surrogate, costs of this court to be paid out of the ostute.—Lawrence vs. Lindsay, three casos. Judgment reversed and judgment for plaintit! on demurrer, with costs.—People ox rel Conway vs, Su- pervisora, Order affirmed and judgment absolute for plaintiff on stipulation with costs,—Curtis va. McNair. Judgment reversed and demurrer ‘overruled and Judgment ordered jor plaintiff with costs, unless de- fendant shall pay to plaintift all the costs subsequent to the demurrer and auswer the complaint within thirty days after notice of filing the rem‘ttitur in the Supreme Court.—Eno vs. The Mayor. * Order reversed and application dismissed with costs.—In re City of Builulo for the appointment of Commissioners, Oraer revorsed as to costs and disbursoments in excess of $10, and residue of appeal dismissed without —_ ag to either party in this court,—Vonklin va, Tay’ bsolute for plaintiff on Order affirmed and judgm “PURER MUR PRE TIN Fever wna ywguivue ve Special Term confirmed, with coats Tice vs. Tico, Judgment reversed and complaint dismissed, with- out costs.—Foster vs. Townshens. Order affirmed and judgment absolute for defendant on stipulation, with costs—The Now York Dyeing, &o., Estublishment vs. Berdell. Appeal dismissed, with costs.—Gallup vs. Babsen, CALENDAR, The following is the day calendar for Wednesday, January 17:—Nos. 138, 139, 58, 116, 120, 125, 126 an UNITED STATES SUPREME OOURT, Wasnineton, Jan. 16, 1877, ‘The following decisions have been rendered by the Supreme Court of the United Statos:— Na 130 Heutz etal. ve. Stenmer Idaho.—Appeal from the Circult Court for the Eastern District of New York. In this case it is decided that the law permits a com- mon carrier to show as an excuse for non delivery, pursuant to his bill of lading, that ho bas delivered tho owner, Itis a matter ‘of no importanco how the bailer acquired tho po: sion he has dellvered to hia bailer if the batier delivered the property to one who had aright to it fos the owner he may defend himeeif againet any claim of his principal. Aflirmed. Mr. Justice Strong deliv- ered the opinion, No. 135. Russell va, Dodge et al.—Appeal from the Circuit Court for tho Northern District of Now York. This was the affirmance of a decree holding that Rus- gell’s patent for ® process of preparing leather with hot tat liquor is not valid by ronson of the previous knowledge of the process, Mr. Justice Field delivered the opinion. No. 931, Heyman Osterberg, appellant, vs. the Union Trust Company of New York ct al.—Appeal trom tho Cireuit Court ot the United States forthe Northern District of lilinois, Mr, Justice Davis delivered the opimon of the court, affirming the decree of said Cir- cuit Court io this cauco, with costs, No, 138. Peter Lyman, appellant, ve. tho steamboat Joho L. Hasbrouck, &c,—Appeal trom the Circuit Court of the United States for the Eastern District of New York, Mr, Justice Clifford delivered the opinion of the court, affirming the decree of said Circuit Court in this cause, with coets. - No, 540, The Western Union Telegraph Company, plaintiff in error, vs. Jonathan Rogers. In crror to the Circuit Court of the United States for the District of Nebraska. Mr. Chief Justice Waite delicved the opin- jon of the court, dismissing the writ of error in this cause for want of jurisdiction, No, 171. Christopher Meyer et al., appellants, vs, Stephen Pricbard.—Appeal from tho Circuit Court of the United States for the Southern District ot New York. Mr. Chiel Justite Waite delivered the opinion of the court, dismissing tho writ of errorin this case with casts = A JEW “FENCE, DISCOVERY OF A DEPOSIT OF STOLEN GOODS— A BAXTER STREET INSTITUTION, On Friday night the residences of Mra. 0, J. “Sprague, No. 180 Amity etroet, and Frederick Springs, No. 139 Amity street, Brooklyn, woro entered and robbed. The latter lost three overcoats and aa um- brella, From the former house wore taken seven pieces of silver ware, @ fancy tuble cover, imported frdbm Germany, worth $55, and one overcoat, The loss was reported at the Third precinct station house the samo day. Detectives Roach and Mahoney, of the ‘Third preciact, began ‘working up” the case Saturday morning In the evening they succeeded in arresting George Williams, a well known thief, who was found with skeleton keys and lockp.cks upon his person. The detectives then came to New York, and on ar- riving at Solomon Jacobs’ store, No, 64 Baxtor street, the: overed a plentiful deposit of stolen goods, Theo roont taken from Mrs, Sprague’s residence ‘was tirat discovered. A search warrant was obtained from Justice Duffy on Monday, and the two detectives, in company with Officer Powers, of the Tombs Police Court, proceeded to the p'ace and began a systematic examination of the premises, Their perseverance was soon rewarded. They found there two carpets that bad boen taken from the Tabernacle Baptist church in Brooklyn. A cout waa next discovered, which still had in one of the pockots tho visiting cur (Dr, Edgar Moremen, ot No, 410 East ‘t'went; «sixth street, He was at once notified and identified his coat, With him came Dr. Everett Richardson, of No, 352 Second ave- nue, who, had lost a coat about the same time, latter also found his property there. Overcoats wero discovered belonging to General J. B. Woodwerd and General Craig, of No, 7 Montague Terrace, Brooklyn, They wero notified, as well as two other persons {rom Brooklyn who had lost their coats. ‘They appeared before Justice Dufly yesterday and received their property. Jacobs pleaded not guilty. He was hold in $5,000 Dail, The case will be continued this morning at halt-past nine, THE SPICY BURGLARS, James Gorman, of No. 84 Front street, Brooklyn, ‘Thomas Donovan, of No, 265 Van Brunt slreet, Brook- lyn, and John Rielly, of No, 3 Pelham street, the bur- glars charged with breaking into the coffed and spice mills of Messrs. Sanger, Biers & Fiaher, of No, 453 ‘Water strect, and attempting to blow open the sale, were again brought before Jud; Wandell, at the Wash- ton Pi Police Court yosterday, aud held for trial in dofault of $2,000., SUPPLEMENT, AN EPISTOLARY SHOWER BATH, MB. A. B. CRANE’S IMMENSE MUSK-PERFUMED MAIL—AN OUTGROWTH OF THE ROMANTIC M'MAHON LIBEL CASE. Mr. A. B. Crane, a lawyer at No. 92 Broadway, is a gentleman who, excepting Jobn Kally, Collector Arthur, Judge Hilton and William H. Vanderbilt, receives more letters than any other person in New York. The de- liclous but powerful odor of musk stealing from his letter box provokes the envy of the Post Office officials, They guess from this musky accumulation that the letters must be billet doux, and “Who isthe lucky fellow who receives so many love letters day alter day?” Yesterday Mr. Crane showed to a representative of the Heravp a perfect bale of those fragrant epistles, but alas! instead of breathing the gentle cooings of the turtle dove it was found upon inspection that thoy were either the missives of batred, scorn and revenge or epistolary sermons lecturing Mr. Crane on the necessity for culti- vating the virtue, morality, goodness and all the other good qualities of that hitherio vainly sought creature— the perfect man. Tho sender of this showor of letters, postal cards, newspaper extracts, &o., is Mrs, Dennis MoMabon, wife of the well known lawyer who became somewhat conspicuous in the notorious McMahon libel suit which was tried in December, 1873, at White Plains, THE M’MAHON LIBEL SUIT, ¢ That suit, it will ve remembered, grew out of aromanco of real life, in which Mrs, McMahon and her former but divorced husband, Francis E. Eldridge, were the central figures. Mrs. McMahon sued Eldridge and the Rev. Robort Holden, now rector of Trinity School, tor libel, ou the ground of the alleged publica- tion of a letter from Eldridge to Mrs, McMahon, bis former wife, und of which the Rey, Dr, Holden was the bearer, in which Eldridge threatened to write a book, revealing her former life, unless she complied with certain pecuniary conditions named by bim. The caso was comproiised on the last day, after all ite romantic features had been discfosed, by the with- drawal of Mrs, McMabon’s suit aud tho formal com- mital to the flamcs of a tremendous heap of letters written by Mrs, McMahon to Eldridge, reiating prin- cipally to Mere, McMabon’s married life. The Heraup gave full reports of that extraordinary caso at the time, but naturally dectived to publish the highly spiced correspondence. It now appears that Mr, A. B, Crane, who was associated with Judgo Emott in defending the case, has been punished by the fair plaintiff, Mrs, McMahon, in the epistolary manner above indicated. The Rev. Robert Holden has alxo re- ceived a largo flood of such letters and cards, and even one of her own counsel, ex-Judge Robert Cochrane, of White Plains, with whose conduct of her case she be- came dissatisfied, got an epistolary shower bath until be became dangerously ill, when the sender kindly spared him further communications, THE MUSK-PERYUMED MAIL, The letters and cards are nearly all dated from “Castle Eden,’ in the Twenty-third ward, this being the namo of Mrs. McMahon’s paradisioul residence. Castle Eden must be a place favorable to the growth of morality, poetry and the art of letter writing. Mme. do Stael and Mmo, de Sévigné never in their palmiest days approached Mme. McMahon in point of fertility. One lever is twenty-cight pages long, and ature Jollows :— A.B. 0.3 You would do well to belong to that race whose brains and heart disappear aud they become all paws, claws and belly. You remind one of a syinbolical image of the demon that is seen on Etruscau vases or limned on tl wails of astern seplchres—an imuge that borrows the outlinos of aman but is yet of another race, though you seem content to grope your way in the dark ‘as dy ma creeping and crawling things, and like the savages who a unacquainted with other Hght than whut they obtain trom volcanic fires, &c., &o. The letter goes on in the same strain, and a good many other choice gema might be culled here; but one other will suflice:— Yet one might ay well argue in a desert and with simoom (i meau without s foe) as. with yous stil | am of the opinion that your obstinacy will be starved to death or reduced to a very mengre life, &c. POSTAGE STAMPS CHEAPLY GOT. This lotter, like every otuer, contains postage stamps for an answer, but as Mr, Crano has not yet noticed a single one of the letters and has carefully kept all these postage stamps, together with the letters, he has quite a respectable accumulation of both. Another envolope bearing two twelve cent stamps and con- taining ninety-two—say ninety-two—closely written pages on Mr, Crane’a villany and blackness gaye Mr. Crane twenty-four conts worth of stampa, and his friends nave already advised him to open a postage stamp business in the lower portion of Broadway. As the supply {rom the fair sender could scarcely tall in the future, he would do dn exceedingly romunorative business. One of the poems, supposed to illustrate the fall of! Mae Fiave sitar An Uhas, wants nel eae ee, 1S “The Fall of Lucifer,” On the heelg of this came another poom, “Scrvod Him Right,” and then there are huge packages of postul cards, mostly written in pencil, in French, and of which the following moral maxim may sorve ag an example:— La verite c'est une flambeau affreuse, RESURGAM. And then come hittle distichos like these:— ‘MBS, M'’MAHON’S POETRY. The blackest iuk of tate may tera er jot. When fate wrote your name did {t make a blot ? And tender verses like tho following, picked up at random out of the immense heap by the reporter:— And will poor Crane leave this world soon, ‘To fly to his own nat seat, the moun ? Twill stand, howe: in some little stead, that ch au empty head, ts out Ww Wh ws himself « braggart, Let bim fe is—for it witl come to pass— That every braggart shall be found an ass! Then there are poctical sermons like this:—- ‘Truth and Justice aro ternal, Born with lovelii and light, Secrot wrong shall nevor presper ‘While there isa starry night. Then thero are printed cards boaring the gentle muesive, “You lic; you know you ” and writen ones, with these laconic ncssages:—“How sad to see a plodding ass!” ‘‘Nono but cowards liel’? “That's a valiant flea that dare cat his breakfast in the lip of a Non!” “The pen of the tongue sbould be dipped in tho ink of the heart!” and there are evon some with rude caricatures drawn by the wriftr’s hand, Somo ot the letters are anonymous, and others are signed Mrs. McMahon, and still others purport merely to be letters written by different arties to her, in which Mr, Crane's true inwardness is painted in the biackest colors, Some of tho migsives enclose cards—‘‘Mrs, McMahon, Castle Eden, 23, ward’’—and others request Mr. Crane to for- ward the letters, alter he has peruged them, to third parties. Sometimes the lady drives up to Mr. Crane’s residenco, and the scrvant leaves the epistie person. ally, Even Mr, Mitchell, a partner of Mr. Crane and an inoffensive old gontieman, got ono epistle, charging him with baving once refused to give ten cents to @ deserving applicant for charity. ‘After the last trial in White Plains, where the case was compromised, Mr. Crane wrote a card to the Hxrap in answer toacard published by Mr. Dennis McMahon, ‘this card 1s the ground for another euit for libel, soon to be tried at White Plains, and brought by Mrs. McMahon against Mr. Crane, in which she olaiins $5,000 damages. The whole romance of this truly startling case will theu be reopened, THE PHELPS’ CASE, Pursuant to agreement Dr, Charles Phelps attended before theGrand Jury at cleven o’clock A. M., Assistant District Attorney Bel! appearing on bebalf of the people, The foreman of the Grand Jury interrogated tbe wit- nega in the same manner as on Thursday last relative to nis knowledge of the alleged hostile meeting. Dr. Phelps rotused to answer on the ground that he wag not bound to state anything that might tend to crimt- nato himself, and having read a legal justification of arrival ot tho Grand Jury in the Court of General Ses. gions, It was subsequently intimated, however, that the Grand Jury were not prepared to offer any bills, and woula not therefore appear in court Dr, Phelps then ‘eft tho court, and will be present to-day to meet the Grand Jury if required. SLATTERY'S THEFT. Michacl Slattery, aged twenty years, a hall boy in tho Hoffman House, was arraigned before Justice Mur- ray yosterday, charged with baving stolen a diamond and opal ring valued at $80 from the room of a guest of the hotel, Mr. James H. Prior, @ private detective in the employ of the hotel, became convinced that Slattory was tho thief. The stolen ring was found concealed on tafe hg person, He pleaded ‘not guilty,” and was hold for trial in default of $1,000 bail, A WOMAN'S FREAK, Mrs. Marla Carcy, of No. 210 Kast Seventeenth street, caused tho arrest on Monday night of Pauline Camp- boll, a boarder at her house, for firing five shots trom a revolver in hor room. When an officer went up stairs to arrest her he found hor sitting on the edgo of her ved nonchalantly smoking acigar. She was under the in- fluence of liquor and had fired tho shots to compel her little daughter, eleven years of age, to go out for a bot. tle of gin for her uso, Tho poor child was found crouching in the Waliway in her night dress, halt doud with terror, Mra. Campbell, as she is called, was held in bonds ten months since to keep the peace. Judge Bixby committed her to prison in default of bail. Tho child will be sent to an institution. WOODWARD'S RESTITUTION, Comptroller Kelly yesterday received trom Hon, Charles J, Fairchild, Attorney Genoral, tho bum of 06, of which amount $100,000 is a payment sesount of com promise mado with Woodward, and the balance for a inal sottiement with the estate. : i his action, was requested to withdraw and awalt the | COLOR’S CLAIMS. J, Milton Turner's Suit Against the Astor House. A BIBULOUS EXAMINATION. If staid, quiet people who imagino that the law courts, aro dull in all their details had witnessed the examina-: tion of J. Milton Purner, “Consul Genoral and Minis-| ter Resident to the Republic of Liberia,” as he de, scribes himself, at the Hoffman House, on Monday night, they would have had occasion to change their; minds upon an important subject. The occasion was, ‘as roplote with interest as it was uniquo, and no scene, which haa been given a pseudo reality on the mimi, stage was ever wore perfect in its incidents and sur-) roundings. Mr. Turnor is well known as the American; representative tothe black Republic, He is aman of} great intelligence, though black as the aco of spades. His mother was a slave and he was born a slave. It was out of this condition that he raised himself to bee, come not only the representative of his country to the; experimental republic of his race, buta man distine- guished both for culture and attainments. He is au) accomplished linguist, speaking several languages, fluently, and a lawyer of no mean ability, as his ma . ner of testifying in a prolonged and exceedingly severe, examination cloarly proved. MR. TURNBR’S CASUS BELLI On the 12th of October, 1876, Mr. Turner arrived in, this city and wentto tho Astor House, where roou had been procured for him. ‘the proprietors of that! auoient hostelry, it appears, were not thoroughly ine, formed of the antecedents of all their country’s diplo-. matic representatives, and when the Consul General, and Minister Resident to Liberia presentod himself they, were astounded at the profound duskiness of his color, ' Indeed the man who represented the United States in a} capacity which » Motley, a Bancroft and a Cushing! would not have cousidered derogatory at one period in! their careers was found to be only “a nigger.” It was! aorisisin the history of the old house and anemer-, gency to be promptly met. As o matter off course it was impossible to entertain this) “cullud person,” but then thero was tho law} known as, tho Civil Rights bill, which the| ‘courts might hold to be constitutional contrary to the: opinion of all the hotol keepers in tho country, It wag! probably not the desire of Messrs, Allon & Dam to test! the constitutionality of that act, but, fortunately for} them, it was a question that would scarcely presens) itself in tho cago of J, Milton Turner, Consul General) and Minister Resident to the Republic of Liberia,! There is a law of coincidences which is more effective, in some oases than an act of Congrozs, Everybody; knows what happened tothe coach filled with voters, which old Tony Weller was driving with a twenty, pound note in his SN ileutt contribuied by the other purty. “Well, dir, Weller,” says the geu’l’m’n, You're! a very good whip and can do what you like with your: horses, we know. We’re all very fond ol you, Mr; Weller, so in case you should have an accident) when you're bringing these here woters down: and sbould tip ‘em over into the canal,: without hurtin’ of ‘em, this is for yoursell,”” sayy he, ; “You wouldn’t believe, sir,” said Sam Weller, in; recount thig incident, ‘that on the very day as he came a with them woters his coach was upset on} that ’ere wery spot, and every man of ’em was turned into the cunal.’”? It was by « coincidonce liko this, perhaps, that on tho night J. Milton Turver, Consul Goneral and Minister Resident to the Republic of, Liberia, came to the Astor House, there wus not 80 much a8 ab unoccupied room or an unoccupied cos even im the‘hotel. Mr. Turner was compelled to seck entertainment elsewhore as he Ts On account of; his color, and hence the suit for damages, which was} begun in November last and reported in the HuRaLp at the time, AQCOMMODATING A PUBLIC FUNCTIONARY, As Mr. Turner’s dutics as Consul General and Min- ister Resident to the Republic of Liberia called him back to the scene of his diplomatic labors it was neces-; sary in some way to harmonize the slownoss of the courts in New York with the imperative demands uf) the State bai gary at Washington, Accordingly Mr. Hal Bell was appointed referee to take Mr, Ture; ner’s testimony provious to his departure for Liberia, It was at first designed to make the examination at) Mr. Bell’s office yesterday, but at @ late hour on the previous day it was discovered that the Consul Goneral} and Ministor Resident would be compelled to sail early; in the morning, and as both the reforeo and ex-Judgo, Georgo M. Curtis, the counsel! for the dofendants, were, awiinu to wyyeall forpaltionduiavoc.cl vxdrmatnnt! ‘at the Hoffman House on the night before Mr, Iurnor’s depariure, 4 MIDNIGHT EXAMINATION, About ton o’clock Mir, Tarner drove up to the hotef, in a magnificent equipage. The carriage was draw: by two spanking bays, uod both the driver and foot-; man, Who were white, were adorned with silver but. tonsand black cockades. The Consul General and: Minister Resident was accompanied by his {i Mr.{ Peter Downing, the celebrated oysterman, and they entored the hotel together and were shown to the room which bad been procured for the purpose of holding; the examination. Th: reer created no little exe, citement in the hotel, and the name aud quality of the) distinguished visitor were soon whispered about the! corridors and were heard even in the parlors of the Hoflman. {n the room set apart for the examination; there was a company of as choice spirits over m either for business or spare at such an unreasonable: hour. Bosides the dusky plaintif and his iriend air was, first, Mr. Hal Bell, the roferee, who exhibited bit exceeding goodness by consenting to hold this! midnight examination, For the sable plaintiff! there were present two of his eounsel—Jomea, %. Halo, who enters into the case with an; enthusiasm that might well keep him out of bed all! night, and Colonel James M, Cavanaugh, a native of} Massachusetts, in .spite of a brogue which cultivation has mado almost perfect, aud twico member of Cons, gress, once from Minnesota und ouce as Delegate irom’ Montana, but now settled down quictly 'o the practice of his profession in New York. Judge Curtis repree sented the defence, und to him and to the distinguehed plaintiff most of the Interest of the occasion was due, ‘As Mr. Turner bad been met by the opposing counsel with a spirit of generosity which he could not fail to recognize, and was surrounded by a company willing) for once not to insist upon the cold formalities of @ legal examination, be could only resyona by a gen- erosity eqaal to that which had been extended to, him, “He accordingly dispensed a liberal hosp.tahty,! ordering wine and cigars with a protus:on which ouly: a party of strong-headed lawyers could accep und you! preserve their brains from beingdaiudied by fumes so doubly distitled, A BATSLE OF THE TITAS, It is, perhaps, to this generous hospitality protracted length of the examination was du bus) however this may be the struggle between the plaintil and thecounsel for the defendants, ex-Jadge Curtis,: Was a8 Interesting as it was Uoique, From ten o clock on Monday night until four o'clock yesterday morning the examination continued, most of the timo being’ spent in Mr. Turner’s cross-examination, and eves then it was not concluded, Both tue plaintil and the counsel are to be congratulated upon the jact that so much hospitality ouly begot more generosity than that which brought them together, and when all the par- ticipants in What must have Leon a Titanic strazgle were worn out Judge Curt!< consented to a commissiva to Liberia so that Mr, Turner might bavo an opportunity to answer the rest of to questions more at his ease It may = well be imagined bow two meu tn such marked! contrast to each other would act upon an occariom where their intellects came into such sharp and determined conilict, They were like two pladiators or wrestlers trying to get the better of cach other, and for # long time the issue was doubtful, For nearly six | hours Turner met his logal adversary with a wit and | acuteness equal to bis own, His counsel were leit to, sip their wine und wrap themacives in the smoke off their Havanus, while he parried every blow that dealt him, and turned aside with ease “even the kee: est thrust of his antagonist, At last, | black champion was compelicd to acknow but theclosing episode of the examination less magnificent than the imposing eatra , hote! which the sable plainutt had made six hours betore, that the CLOSK OF THR COMBAT. Tho cross-examination turned upon the final admis- sion of Mr. Turner, that the only damage he had austamed by the refusal of the dofendauts to entertain | him was the sum of $2, which he gave to the porier who ied his baggage from the Asior House to the International Hotel. 1t was upon this admission that Judge Curtis was willing to suspend bis crogs-examina~ tion, but tue Consul Geuoral and Minister Resident to the Republic of Liberia was grand even i his coteat, Spid the porter demand auything of you?” asked, Judgo Curtis, “No, sir,” was tho lofty answor; “I gave it as @ ratuit, Mai it was an act of bencvolence om your part?" said his inquisitor. “Yo8,?” was the reply of the dusky plaintiff. As this was a blow at his claim for damages from Mr, Turner’s own lips the defendants’ counsel was d lighted, and the remarkable examination camé to an, end, ‘The legal answor of the dotendants to the plains tift’s claim 1g that the Civil Rights act, upon which it) is based, 18 unconstitutional, and that on the night in question all tho rooms and cots iu the hotel were occu. pied. BUSINESS TROUBLES, Orrin Benedict & Co., manufacturers of hate, at No,; 646 Broadway, have suepended, with liabilities at up.) ward of $150,000, The firm did an extensive business! throughout the country, and has a vory large manu- factory at Bethel, Conu., where it bas employed 260 operatives, Mr. Benedict Stated yesterday that h could not at prosent give a statement of their linbitiel ties or je or whethor thoy would resume, as thar lat course depended upon the action of the creditors,| ‘A meeting of the creditors would be held, but be could! fCONTINUED ON NINTH PAGE)