The New York Herald Newspaper, January 27, 1877, Page 8

5: THE COURTS. Important Supreme Court General Term Decisions. RUNNING A RECEIVERSHIP. Something in a Name—The Luckey Estate. EUGENE SUE’S HALF-SISTERS. ‘The Supreme Court, General Term, Chief Justice Davis and Judges Brady and Daniels on the bench, Qpisbed up yesterday the business of w erm, and then adjourned until the frst Monday in March. During the month they have heard arguments in an ‘eousual number of cases and will find their time pretty well occupied for the coming month in writing opin- fons in these cases, Previous to adjournment a batch of decisions were handed down of oases argued at the last term of the Court. None of the cases are of very ‘special public interest. Some of the points in the more important cases are given below. A case of importance to banks 1s the decision given tm the suit brought by the National Broadway Bank against George Miller to recover $1,912 67, creditea by mistake to James Miller, both of these gentlemen keeping an account at tho same time in the bank. it was set up by the defendant, who drew out the smount on checks, that he was not aware of the mistake in giving bim a wrongful credit, Soon after dis, ‘overing the mistake he was arrestea and the case came before this Court on an appeal from an order vacating the order of arrest. Judge Daniels, who gives the decision of the et writes quite an elaborate opinion, In the course bia opinion be says that ‘‘to determine what is prob- able in cases of this description all tho facts must be caretully considered. They are of a class which seek concealment, and efforts are usually made to obscure Sherr actual ure. The devices und artifices resorted \o tor purpose are of frequent occurrence, and & responsible duty of courts of juatice consists in un- travelling them and discovering through them the probable truth of the cases, That always requires a paretul considervtion of the authenticated circam- stances, und when they point to the udulent intens with u reasonable di of it by the party implicated cannot be entitied to very great weight. The case 1s not re- quired to be established beyond a doubt or by the clear- eat proof. If it were, tne difficult! laced In the way ot tbe detection of traud would usually secure it !m- munity. What the law requires upon this subject is a fair, a convincing preponderance of evidence.” Upon these grounds the order vacating the order of arrest is reversed. Next im importance is a decision given inasult brought by the Harlem Bank against Alfred Todd, the main point involved being a judicial interpreta- tion of the duties devolving upon referees in prepar- tng their reports to avoid giving any basis of com- nt of being influenced by either side through friendly or other relations. The question at issue in the suit was the genuinencss of the defendant’s si ture to a promissory note. The referee report favor of tho defendant, holding that the signature . An appeal was taken from an order sotting aside such report, and om such appeal the mat- ter eame before this Court. The plaintif’s attorney swore that the defendant's attorney informed a alter ee had be- report was in the handwriting of one of the attorneys. Th allegations, however, were de- wie Judge Daniels, who writes the opinion, says that tho ‘roferee, doubtless, acted in good faith to contact of provable tufluences extraneous to the evidence which may influence their determination. 1¢ 1s much more comportable with a le admin- istration of the Jaw that a report assatled as this has been should be set aside than that the Courtshould enter upon a minute investigation of the probabilities for the purpose of aiding that result. The difficulty of ascer- jaming the existence ot friondly influences 18 such, sven for the person who may be affected by them, ‘bat judicial officers and their proceedings should be txpected to carefully avoid even their appearance.” For these reasons she order sctting aside the releree’s rt is afirmed. wo decisions were given in suits brought against Me city. In the first case, ths being the suit brought by William A. Leaver, as collector of the late John 1. Brown, stroct contractor, an appeal was taken from a judgment recovered on a verdict of a jury and irom an order denying a motion foranew trial It was claimed on the trial for the defence that the contract Jn question, which was‘or filling in certain streets in the city, was not legal, and that the work was im- properly done. A new trial is ordered on the ground that certain statutary requirements were not complicd with in regard to the giving of the contract. The next case was in the suit of Harris Wines w recover a difference of salary fixed by the Board of Supervisors for service: Marine Court attendant. In the Gourt below a verdict was given in bis favor, An appeal ‘was taken on behalt of the city and a motion made for anew trial, The Court refuses both applications and affirms the judgment ot the Court below. Another decision given by the Court shonid act asa to) salutary lesson to married women in respect to mort- gaging their personal property to secure a debt con- tracted by thoir husbands. Mrs. Alice J. Aldin gave a morigsge on property i. to herself as security for a joan to her husband. George J. Dorsey, who loaned the money, threatoned to foreclose. The case was carried on appeal to this Court, which now decides, Chiet Justice Davis sade the opinion, that the wifo eannot now absolve herself from the responsibility she Assumed in giving the mortgage. An injunction pro- bibiting the foreclosure is therefore dissolved, which allows the defendant to go on and toreciose. Mr. Valentine L. Lung. receiver of the New York and New Jersey Railroad Company, brought suit against the National Trust Company to restrain it from disposing of $50,000 worth of bonds deposited as vecurity for a loan of $25,000. . The case came up on an appeal from an order continuing the injunction, This order is now reversed, which leaves tho tril of the iesues by a jury. LUCK FOR THE LUCKEYS. Nearly twenty-five years ago, when tho present site of the grammar echool, on Thirty-seventh street, near Second avenue, was selected by the Board of Educa- Won asthe most available site for the new public tehool building, there was some question as to whether 8 good title could be given for a portion of the land proposed to be purchased. The land in question com- prised part of she Luckey estate. It was claimed that, ander the willot Mr. Luckey, the executors were not empowered to sell such land, but for all this the executors did sell the land and the Board of Education bought it~ A singular circum- stance in connection with such purchase was it baving been made in direct contravention to the egal opinion of Mr. Diilon, the then Corporation Coun- gel, whose legal views in the matter were solicited, pending the negotiations for the purchase. The heirs ot Mr. Lackey now bring « suit of ejectment against the city, Tho case camo to trial yesterday, before Judge Van Vorst, holding Supreme Court, Circuit, The issues involved being so simple it was placed on the short cause calendar under the supposition that wt could be tried within an hour. At the end of the hour, the trial having soemingly not reached any- where near @ conclusion, it was ordered 10 be put oa the general calendar. Amore perplexing suit rarely Presents itecif in the courts. The city really has no ae the opinion of Mr. Dillon being conclusive in this regard. it remains to be seen whether a portion of the school buiiding—one of the most substantial of the school buildings in the city—will have to be torn down to satisfy tue demands of justice, or whether the Diind goddess, or more particularly the heirs-at-law, ean be propitiated by payment of what the land was worth at the time. It looks, however, as though good round damages could be obtained, and that altogether this portion will prove voritably a Luckey extate, THE PEARSALL WILL LITIGATION. in the matter of the Pearsall contested will case there would seem to be another of the little bonanzas that wealthy men at their decease bequeath, not di- rectly, but more certainly by construction or miscon- struction of their wills and codicils by the legal fra- tornity. Mr. Pearsall was s wealthy fish morchant of Fulton Sogn Waheed at the time of his marriage made awill by 18 wife, now his widow, should in- bh The will w 10n Lor probate is contested on nother will _makiug property, The case ground of the a difforent ait up Surrogate when counsel ant—a reputed daughter of the ocase be again postponed. Counsel for Mrs. the widow, moved to strike out the stat ment, already presented, of Wilham Korff, an em- joyé of a brother of the tostator, who swore that bi Drew a will for the deceased only a tew days be! hus death, in which he willed his entire property to the contostant, to the exciusion of lis widow from all therein, Doeumontary evidence was tniro- yw that Korff bal committed perjury. The ade on 4 previous for Court to jeged will vad Kort i} im an appearance yes! y the Sur- Sone ones bis wadenes to be stricken out, The ease was then adjourned. THE NILES ESTATE. All the details of the suit brought by the half sisters of Eugene Sue against Nathaniel Niles, the executor of tina patore wf | Jone Ahuie Maher, she inte 17%, Mile, have Deee | Green, wach bas NEW fully given in the Henaxp. It will be remembered that the prominence given to this very interesting suit, Growing out mainly, of course, from the relationship to being short, as decisive. The fol- mi—Axsuming, a8 Nathaniel Niles Lae’ me that the preponderance of ts against ‘ie plaimuifis on all asked. There is no doubt it and duty of the Court to interter a proper case to protect funds irom pe whe onatpreod of trustees, but a proper case for that interference should be made out, On the facts on these papers! think plaintiffs wholly fail, Motion for receiver denied,” MARTIN’S MORTGAGES. Wilham R. Martin, the Park Commissioner, is trying to get cet aside the sale under foreclosure of three lots on Broadway, between Fifty-seventh and Fifty-eighth streets, the respective mortgagees being irs. Pauline A. Morgan and George M. Miller, Two of the lows sola for $45,000 and the other for $16,750. It is claimed that the sale being near the close of the yoar was at an inopportune time; that not ‘Rear as much was realized irom the sale as would have been if the Property had beet id at some osher time and that a wrong stusement was given as to the amounts uppaid for tax nd assessments, There was quite a lengthy argu in the matter yesterday belure Jadgo Donohue, preme Court, Chambers, General ‘Tracy appearing tor Mr. Martin, Mr. Wueeler H. Peok- ham for the mortgagees and Messrs, Skidmore and Demiii for purchasers, The grounds upon which the motions were urged wore considered by Judge Donohue untenable, and he denied them, the effect of which is to allow the salos in each case to stand, QUEEN OF THE GENIL ‘Miss Ada Milbourne made on engagement with the Kiralfy Brothers to piay the Queen of the Genii and Lady of the Lake at Niblo’s during the present per- formanecs at this theatre under direction of the Kiralfys, She was to be paid $26 a week, she having, says, accepted thig small salary on the wndert ding that the emgagement would extend through the winter and be limited to this city. At tb id of the tirst week she was paid her salary andthen told that her services would no longer be required, This tion from her regal throne was not at ail satisfactory to the fair ruler over the realm of the genii, and she accordingly, throu; Baker & Russell, her counsel, brought suit against th sceond weck’s salary. The case wi and the queen LIFE INSURANCE AT DISCOUNT. An important suit has been commenced in the Court ot Common Pleas, by Margaret F. Milward, againat the Guardian Mutual Lifo Insurance Company, to re- cover on ten thousand dollar polioy of insar- ance on the life of her iste husband, Heory Milward, of Chicago, The complaimt states that the company promised to send Mr. Milward notice of the amount of premiums as they becamo due on the policy, which was in Liverpool, in the hands of one Robert Sanderson, one of Mr, Milward’s creditors; that tbe administration of the company is corrupt; that the notice which the company agreed Mr. Milward should receive was never sent by the company, and that, therefore, the company cannot take advantage of the technical condition in the policy—that is snail lapso in case of non-payment of pre- mium. The complaint also alleges that during the year 1873 the company marked upon ite books, a8 Inpsed, policies whose amounts exceeded the sum of $8,140,000, and claims that 5,982 ceased to be in force during that year, the sume being about one-third of all ite risks, and that under the special circumstances, showiug the fraud alleged by the plaintiff, the company cannot insist that the policy ia lapsed by non-payment of premium, When the other side of the story comes to be hoard it may | place the matter in an entirely different light A COMPLACENT RECEIVER. According to the affidavit ot James R. Adams, a judgment for $493 69 was obtained by Robert E. Brown in January, 1871, against James K. Spratt Henry Brewster, tho attorhey of Spratt, it {s alleged, paid the judgment in full, but in order to protect Spratt and prevent the latter’s creditors fromm collecting their just claims he procured an assignment of the claim to himself and then brought up Spratt on supplemental procecdings founded on such judgment, and on the consent of Spratt and Brewster Mr. H. H. Waters, a brother-in- law of Spratt, was appointed receivor, but without any surcties, Spratt, according to the further allegations, then made a contession of judgment in favor uf J. W. Brown for $4,450 64, and in supplementary proceedings Drought on this judgtnent by Brewster, who acted as counsel tor Brown, Waters was again appointed re- ceiver uf the property of Spratt and, as in the pre- vious case, without any sureties, Mr. Adams charges that Waters did not perform apy duties receiver, but fraudulently contrived with Spratt, that they realized over $20,000 from the property, which Spratt disposed of and piaced beyond the reach of his creditors. He charges = thi Waters is irresponsible, and that Brewster knew this fact wh he was appointed receiver. Alter Waters bud held ¢! receivership lor some five i Mr. Eugene H. Elliott was appointed receiver in his place, this appointment being brought about by suit of John K. Campbell against Spratt, Mr. Campbell having obtained a judgment —_ against the latter in 1872 for $1,186 41, Various —_ motions and counter motions b: ince been made and various parties havo also been examined. The most interest- ing ieee that given by Waters, the former receiver. tes ‘ne has no rocollection of the date of his appointment; that he never had any papers to show his appointment, and did not know the name of the suit under which he was appointed receiver. Ho says further that he gave his receipts m blank to Spratt to collect renta; that he attended to the recetv- ership only about six months and then turned over the whole matter to Spratt, The case is now betore Judge Donobue for investigation. SUMMARY OF LAW CASES. Alonzo B. Cornell was yesterday sworn in as Naval Officer of this port by Judge Johnson, Chief Justice of the United States Circuit Court. In the case of the Emma Silver Mining Company against Park and othors, Mr. Foulke yesverday con- tinued the reading of the deposition of Charles L, Stevenson. In the suit of Hugh W. Colleoder against George E. Phelen, Judge Donobue decided yesterday that one judgment could not be offset by another. The case of the ownors of the Harvest Queen against the Ocoante Steam Navigation Company was continued yesterday before Judge Blatchford in the United States District Court. Mr. Scudder summed up for the libel- Jan A motion to open the yudgmont in the suit of the Mechanics’ Savings Bank of Chicago against Jane Cameron was yesterday denied by Judge Donohue. Juage Donohue yesterday refused to vacate the order of arrest against Jobn Naby, accused of buying goods of David Solinger & Co, under fraudulent representa- tions. A partition of the Barnes estate was yesterday orderea by Judge Donohue. The partition was ordered in the soit of Ambrose E, Barn inst Elizabeth Barnes and others. In the sait of Eben F, Bason against Horace B. Clal- lin & Co. Judge Speir yesterday granted an order for & commission to examine, on behalf of the plaintf, Don M. Dickii a resident of Detroit. Kogene F. committed for non-payment of reterce's fees, was ‘discharged yesterday by Judgo Donohue. Mr. Haines says he meant no contempt of Court, and puts the blame, if there is any, upon his brought by Attorney General Fair- child, in the name of the people, to dissolve the cor- poration kuown as the Kerosone Lamp and Heater Company. Itis claimed that the amnual reports ro- quired by statute have not been flea. ‘A longthy argument took place ye: Supreme Court, General Term, m the suit of Elizabeth ainst Thomas P. Butler aod others, the full facts of which bave already been published in the Herdup, The Court took the pape: In the suit of Henry Rosen against Anna Nicholl to recover for services as agent, Judge J. ¥. Daly, ot the Court of Common Pivas, yesterday granted a motion to serve an amended answer, The defence, among other things, charges fraud, in the matter of Damel Webster, an imprisoned debtor, who applied to be discharged, Judge J. F. Daly yesterday granted a motion to set aside the pro- ceeitings on the grount of irregularity upon payment of $20 costa, An injunction was granted yesterday by Judge Spier in the suit of Elijah W, Carpenter agains Z.'D. Bae. sett, Richard Bearnse and the Marine Bank of this city, restraining the latter from disposing of filty mares of tho bank stock in controversy pending the suit. David Ogden nas brought suit against Messrs. Beoja- min F, Mudgett and David R. Nutter, his former atior+ neys, to compel them to give an accounting for moneys received and disbursed as his attorneys and agente Judge Spier yesterday reterred the matter to ex-Judge Bosworth to take the proofs. A bill of particulars was ordered yesterday by Judge Donohue to be given in the suit of Kagene Ring against the city, The suit ts for damages in delaying the work of reguiating and grading Eighth avenue pursuant to a contract claimed to havo been made with Mr. Ring. Francis Ernat bas sued out a writ of habeas corpus to obtain possession of two children of a deceased brother now living with their mother, He claims that sbe ts an unfit person to be intrusted with their cus- tody. The case will come up for a hearing to-aay be- rday before the fore J Donohue, old n, The avit of John A. Gra: Inet Bam! \eeea eben weisre ine Gout of aim stilt Ti im the court. Judge Donohue yes- gave his decision ia two motions in the sult— a motion for leave to issue execution en plaintif’ filing a bond, and denying a motion for judg- meni Regina Manslack bas brought suit Me tropolitan Lite Insurance Company og merely hw on a policy of insurance granted upon the life of her husband, She says that premiums wero paid regu- Jari; I lately, whon the company ref the premium. She asks for an injuncti compony’s acceptance of such pre stated on bel of the company that the policy was obtained through false re, tations, Juage DO- present hue Bae rnd refused to grant the injunction. Police Captain Van Dusen, who was dismissed by the Board of Volice somo time ago, 18 making strenuous efforts to be reimstated. He obtained a writ of cer- Uorari to compel the Commissioners to return the pro- Foon pone ‘the testimony taken before them, to the General ‘This order was disobeyed, and yester- day there was quite an argument be‘ore Judge Jono- hue, in Supreme Conrt, bers, on a motion to man- damus the Board, ‘Tbe Court took the papers. Sigismund Bott, tho lawyer, charged with forging the name of Judge J. F. Daly to an order in suppie- mental proceedings, was yesterday disbarred by the Sapreme Court, General Term. The same Court also grauted an order to show cause why Kaatman Simon should not be d: He is charged with fraud in regard to alfidavite of service in a case in the Marine Court—an allegation which, bowover, he stoutly dent and which be says he will fully controvert when the case comes to a hearing. A motion was mi yesterday before Judge Van Vorst for reconsideration of the decision recently rendered by him in the suit of James Knowlson aguinst Silas Betts The suit vrew out of a mortgage of one- 1ifth of the propelier W. F. Burton, the tacts of which bave been published. Atter hearing the respective counsel—Mr. Dennis McMahon appearing for the plain- tiff and Mr, eo F. Van Vecten for the deiendant— Judge Van Vorat took the papers. Application was made yesterday to Judge Donobue on behulf of Miss Margaret O’Brien, ot No. 59 Rutgers street, by William #. Howe, her counsel, for the covery of the person of Miss Ada Teresa McNamara, a pretty and petite blonde of twelve years, irom the possession of Mrs. Sarah V. Kelly, of No, 297 Sackett street, Brooklyn. Tbe mght claimed by Miss O’Bricn that she is intrasted with the custody of the child ursunnt to a power of attorney sho holds from Rooms MeNamara, the father of Aua, a resident of San Francisco and a member ol tho Bar, Judge Dono- hue appointed Mr. Wilham Sinclair, Clerk of the Court, reforee to take the testimony in the case, DECISIONS. SUPREME COURT—CHAMBERS, By Judges Davis, Brady aud Daniels, Matter of Striker.—Order ro’ |. Farther hear- ing directed, costs to abide pinion by Judge Daniels, ‘Wines vs. The Mayor, &c.—Motion denied. Judg- ment ordered for plaintiff! on verdict, Upiniou by Judge Daniels, Fuley vs. Rasboone.— Order denying motion for re- pettiement reversed. Order denytox proceedings mod- j ifed as in opinion, Opinion by Judge Daniels, ‘Samo vs. Saine.—Order reversed, with $10 cos! disbursemonts, Opinion by Judge Brad; Somerville va, Cook.—Juugment reversed, without costs, Order entered formally contirroing reterce’s ro- port, with liberty to detendants within ten duys to make and file exceptions to report, and scrve case upon which application can properly bo made to sot aside report. Opinion by Judge Daniels, The National Broadway Bank ve, MM iller.-—Order re- ir en- nd ver: witn usual costs and disbursements; or tered denying motion. Opinion by Judge Dan! Flaudron va, Fayo,—Order affirmed, with $10 and disbursements, Opinion by Judge Duniels, jor,—Urder affirmed, with $10 costs Opinion by Judge Daniels. The Hurlem Bank vs, Todd,—Order affirmed, with coats and disbursements to abide,the ovent of another trial, Opinion by Judge Daniele, Bucking vs. Hauselt, —Order to be entered reversing order appealed trom, and direoting that the judgment red be set aside, costs and disbursements to abide finai determinacion of tne case, Opinion by Judge Daniels, : Anderson vs, Callabam,—Order affirmed, with $10 ‘costs and disbursements. Opinion by Judge Daniels, Matter of Kelgaa.—Proceedings affirmed. Opinion by Jadge Brady. Seaver vs. Th versed, new tri by Judge Daniel Matter of Bott.—Order te be entered, directing that the name of the respondent be stricken trom the roll of attorneys and counsellors of this Court, and that he be prohibited trom appearing and practicing as such in any of the courts of this State, and that bis license be" surrendered and cancelled. Alden vs. Diossy.—Order reversed, with costs and costes Mayor, &c,—Judgment and order re- ordored, costs toabide event, Opinion | disbursements, aud the injunction dissolved. Opinion by Judge Dononue. Larry vs. The National Trust Company.—Order re- versed, with $10 costs avd disbursements, te abide the event of the action, injunction to be continued during its pendancy. Opinion by Judge Daniels. Matter of McCahill,—Oruer denied. ‘The Metropolitan Gas Light Company vs. The Mayor, &c.—Motion for reargument dented. Matter ot Ridgway, &c.—Leave given to the respon- dent to answer to this matter and tile such answer on or bofore the first Monday of March next, and in de- fault of such answer the Court will proceed to dispose of the application without further dolay. Master of Lowenthal, &c.—Reterence to take testi- mony and roport the samo, with his opimion, oraered, Reterce Henry E. Davies, Jr, Schauck, &c,, va ‘he Mayor, affirmed. ‘Opinion by Judge Davis ‘Tho New York Dispensary vs. The Mayor, &o,— Judgment affirmed. Opinion by Judge Davia, ke SUPREME COURT—CHAMBERS. By Judge Donohue. - Abbott vs. Richardson; Rothenvery vs. Smith; Mat- ter of Dominick; Matter of Mason; Meyer, Jr., vs For- guson and Kerr vs. Blaney.—Grauted, Van Valkenburgn ve. Doolittle and Matter of Mat- thews et al.—Orders grantea. Morgan va, Martin.—Order granted denying motion. Gray vs, Green,—Motion donied without costs. Mem- oraodum. Campbell va Spratt and Solinger vs. Weber.—Mo- tions denied. Friedioin vs, Kreazer.—Motion denied, Memo- randum. Milbanks, &c¢., vs. Niles —Motion denied. Opinion. Collonder vs. Phelan and Haines vs. Johnson. De- nied. Barnes vs. Barres.—Order granting judgment in partition. Gudersicove vs. Gouldsberg.—Report of receiver, Fales vs, Martin.—I will hear counsel, Ehas va, Myors.—Granted, * By Judge Davis. Bogert vs. Bogort.—Oruer granted, &c. —Judgmont Bogert vs, Bogert.—Order granted granting judg- ment on referee's report. Ky Judge Barrett, Tho Louis! Nuuional Bank of New Orleans vs. Schucharat. ding settled and sigocd, and defend- ant’s requests settled und exceptions allowed. COMMON PLEAS—SPECIAL TERM. By Judge J. F. Daly. Brneckel vs, Brueckel.—Memorandam, Contant vs. 0’ Keele. —Motion denied, with $10 costs, Rosen vs. Nichols, and Ptoiffer vs, Hassenlopp et al.— Motions granted on terms, Seo opinions Matter of Webster.—Motion granted on payment of .—Order for substitution granted . Golbach.—Motion denied it Tequired in opinion, ‘va. McCarrin.—Demurrer overruled, Leave to avswor in ton days on paying plaintiff stipulates Lowenstein with costs. costs. Opinion. COMMON BLEAS—RQUITY TERM, By Judge Van Brunt. Hunt vs. Wench. —Findings settled, SUPERIOR COURT—SPECIAL TERM, By Judge Speir. Barvhel vs. Elias et al.—Judgment of foreclosuro and sale ordered, Sullivan vs, Suillivan.—The proof in this case ic not sufficient to satisfy the Court (hat the plaintiff has fully made out his case, It most be referred back for jur- ther evidence, Slauson va. Watkins.—Judgment for the plainti. Memorandum. Ogden va Mudgett et al.—Reference ordored to tho Hon. Joseph A. Bosworth. Carpenter vs. Bassett et al.—Undertaking approved, Hinuekofer vs. Lury; Wells va Same; Hindekoler vs, Same, and Same vs, Suine.—Relervnce ordered to K. 1, Fancher, Bacon vs, Claflin ot al,—Confnission ordered. Bernheimer vs, Loewen.—OUrder for further bill of particulars, The Singer Manufacturing Company va Stewart.— Undertaking approved, Felton va, Parke.—Order vacating temporary in- Junction sot aside, with $10 costs, Strain va. Denny; Agate vs. Same; Strain et al, vs. Ferry; Agate vs. Denny; Carrington vs. Ward; Howe ve, Potors; Havemoyer vs, Havemeyer; Minecke va. Minecko; Davis vs, Plummer et al, and Whitehurst ys. Johnson et al.—Orders grante By Judge Freedma Neill vs. The American Popular Life Insurance Company.—See memorandum. MARINE COURT—CHAMBERS, By Justice McAdam. Leon vs. Conner; Neville vs. Rosenthal; Hope vs mn vs. Kverard.—Movions granted. McAndrew.—Judgment vacated, . Evars; Konigsburg vs, Crossoy.—De faultw mated. Woul vs. Gray.—Discontinuance allowed, Mancho vs. Schultze. —Complaint dismissed, Holhizter vs. Bradley.—Mowion granted, Goldman vs. Reichert. —Stay tnoditied. Hairock vs. Ryan, Daniel Duly, receiver; Belgen v8. Mangoed.—Detault opened. Brown va. Griswold; Schotina vs. Richards; Reid vs. Keily ; Hansel vs, Pennoll; Meinche va. Schultz; Aai vs, Bennet Faskell ys Walsh; Zahn vs. Harding; Garson ys. Boxim; Simon vs, Mooney; Leonard vs. Rushworth; Goldman vs. Reichart; Thacher Ys Booram; Roberts vs. Porter; Rediich vs. Arnstein. Orders granted, GENERAL SESSIONS—PART 1 ssefore Judgo Gildorsleeve, COMPULSORY INCENDIARISN. The mill of James M. Bonnett at Mots Havon was burnhd on July 13 last, and with it the dwelling house ot Wiliam Birch adjoining. An investigation revealed the fnct that the fro was the work of an incendiary, and Samuel Hibbs, @ laborer in tho mill, was arrested on suspicion. He admitted that he bad fired tho Premines, but stated thathe did so ander compul- om, Bewner, hin emuployeR, heving rorueed vv Mey im any wages unless he should barn the mill and en- able bim to obtain the sum for which it was insured, Bennett immediately fled and bas not since been acon. peg ed ving in the Tous ler re onths, was court sentenced NOTORIOUS PICKPOCKETS SENTENCED. William Williams, alias ‘‘Blueskin,” a notorious Pickpocket living at No. 71 Thompson street, who wes convicted of stealing a pocketbook containing $1 from Patrick May at Washington and sentenced to three years in State Prison. Ryan, of No. 326 Kast Twentieth street, who gold watch and chain from Thomas Bradley, of No. 209 West Nineteenth street, while the latter was walk- ing on Third avenue, pleaded guilty, and was sen- tenced to three years tn State Prisoa. BELLING WATERED MILK. Withelmina Ruger, who keeps a little store at No. 194 Allen street, admitted the ‘she had sold watered milk and was fined $20. * A BATCH OF BURGLABS DISPOSED OF. Richard Mullon, No. 439 West Twonty-sixth street, who broke into the premises No, 524 Weat Thirtieth street and stole the plumbing and gas fixtures, and Henry Garn, of No. 304 West Eleventh street, who committed a similar offence at No. 29 Macdougal street, both pleaded guilt; Judge Gildersiceve sen- tenced them to twa yours and six months each in State Prison, William Campbell, who barsinetoney entered the premises of Margaret Campbell, No, 100 West Twenty-eighth street, and stolo a quantity of clothing, was sentenced to two years in State Prison, and James Brady, of No. 301 Kast Kleventh at who stole two pairs of shoes from the store of Abraham Simon, No. 252 aven . Was sect to prison for three years and six months, GENERAL SESSIONS—PART 2 Bofore Judge Sutherland, THE OPIUM ASE. The jury in tho case of John Collins and Nicholas Collins, goneral dealers, of No. 31 Bridge strect, barged with receiving opium stolen from the bonded warebouse of E, C. Johnson, in the same street, wore brought into court at ten o’clock yesterday morning, having been locked up since sevon o'clock the previous evening, The foreman announced that they found it ble to agroe apon x verdict, whoreupon they charged by Judge Sutherland. At the request nt District Attorney Bell the nccused were required to give new bail to await trial. Patrick Dotiard, of No. 30 Moore street, who was the original surety, renewed his bond in the sum of $3,000, and the Collins brothers were reloused. Ex-Judge Curtis de- tended the prisoners. COURT OF APPEALS. Ausaxy, Jan. 26, 1877, In the Court of Appoals, Friday, January 26, 1877:— No. 170, Tyler vs, Brock.—Submitted. No, 172. The Tribune Association vs, Smith.—Arguod by William Rosenblatt for appellant and Charles D. Adums for respondent, No, 173. Develin vs, O'Neil.—-Argued by Allen Me- Dovald for appellant and Francis CO, Develin tor res- pondent. No. 176. Morriss vs. First National ik ot New York.—Argued by Charles E. Patt@rson for appeliant and John Caaman for respondent. No, The Knickerbockor Life Insurance Company vs, Hili,—Submitted, No. 179. Wood vs. Sheehan. — Submitted No. 180. Long va, Warren.--Argued by M. HB. Peck for appetlunt and H. E. Sickles for respondent. Prociamation made and Court adjourned. The following is the Day Culendar of the Court of Appeals for Mouday, January 29, 1877:—Nos, 86, 183, 184, 186, 187, 188, 189 and 191. UNITED STATES SUPREME COURT. Wasninortox, D. C., Jan, 26,°1877, In the United St Supreme Court yesterday the following business was transacted :— No, 100. Phipps & Co, ve Sedgwick, “Assignee in bankruptcy of Place & Co., and No. 101. Susan A, Place’s Executors vs. Sedgwick.—Thcso are appeals trom the Circuit Court for the Southern District of New York, involving questions of the validity of a post nuptial settiement made by James K. Piace upon his wite, and of a mortgage made by their joint execu. tion to Phipps & Co. ou a house which was a part of that settlement. The Court below found that Place’s cir- cumstances were not such a8 to admit of the settlement when it was made, and that the property so conveyed consisting of a house at Fitth avenue and Forty-third street, in New York, and its furniture remained a por- tion of the banrrupt’s assots, subject to distribution among his creditors, the attempted conveyance being in fraud of their rights It is here contended that a husband may moke such a settioment upon his wife that will be valid cither against existing or subsequent creditors, if he be in prosperous circumstances, and the gilt be a reasonabie provision and enough is re- served to meet the busband’s debts oxisting at the time, and tbat all these elements concur in the pres- ent instance, as shown by the evideveo inthe caso F. N. Bangs appears for tho appellees and William M. . Foster and Tbompson for Phipps & Co, and the executors, THE WEBB-M’LELLAN SUIT. The examination of Hugh McLellan on the charge of embezzlement, preferred by his former employer, William H. Wovb, President of the North American Steamship Company, was resumed ast the Tombs Police Court yesterday. McLellan, who asserts that his ar- rest js the result of a conspiracy, testified yesterday that his busi relations with Webb had for yoars been of a most trasted character. yason, he said, for leaving that Webb’s business had dimin- hed so much at he could not continue paying him a sufficiently remanerative salary. He made no secret of his leaving New York, and soon after his arrival in Champagne, where he settled, he wrote to Mr. Webb, Tho latier subsequently brought a suit mthe United States Court against him for $20,000, McLellan responded ina cross action for back salary and commissions to the amount of $33,000. Wituess solicitation of counsel for Francis Morris et al., in the civil suit against Webb, The coungel for Webb, Messrs. Butler, Stillman & Hubbard, declined to cross-examine the witness, and the oxamination was adjourned. TELLER'S SIGNATURE, At the Essex Market Court yesterday Maximilian Goldstety, who gavo his occupation as that of clerk, was crraigned charged with forgery. He called on Mr. Frederick Reising, of the Essex street saw mills, and obtained a loan of $25 on a check for § Traders’ National Bank, Petes te to hay drawn by 8. Landsberg, of No. 99 Second a indorsed by Mr, Bonjamin 8. Rayner, aying teller, When Mr. Reising went to the bank he wes informed tbat both the face of the check and its in- dorsement were forgerics, Goldstein was held for trial, A BLACK HIGHWAYMAN. While Mr. Adolph Bernhard, of No. 189 Spring treet, was passing through South Filth avenue, he was assaulted by acolored man, who snatchod his silver watch, value $35, and rap away. The thief was ursued and eaptured by Roundsman Burns, of the "1tth precinct, and, on being brought into tho station house in Prince street, gave his name us Henry John. gon, a waiter, twenty-one years old, of No. 12 Thomp- gon strect, When arraigned at the Washington Piace Court yesterday Mr. Bernhard’s identification of the prisoner was positive, Held, AFTER THE COURT FEES, The following communication was sent yesterday by Comptroller Kelly to each of the justices of the dis- trict courts:— City oy Rew York, Fiance Derantuert, Comrtroucen’s Orrics, Jan. 23, 1877. Six--1t hae been represented at this department that In various proceedings or suits fees are collected at 1n0 district courts by other parties than the clorks of such courts, no part of which fees are paid into the oy treusury. ws made the duty of the Clerk of each of 8 40 collect and receive all the tees thercot and to account for and pay the samo into the city treasury; and the constitution of this Stale prohibits any judicial officer except justices of the peace from receiving to his own uso any feos or perquisites of vilice, Will you cause all the fees which may be collected to be deposited in the city treasury by the offiver re- ceiving the same, and prohibit any other person than the Clerk an stant clerk {rom collecting or rocerv- ing any fees wi wer? Very respectfully, JOHN KELLY, Coinptrolior. MONTFORD AND THE JUDGE, In the Kings County Supreme Circuit Court, yester- day, betore Justice Gilbert and a jury, the case of Andreas Moattord, of New Utrecht, I., I., against Super- visor Kdward Gubner, for $10,000 damages for slander, tice of the Peace, of Fort 6 for malicivus prosecu- tion, came ty) facts on which the suit was based have already appeared tutho Henan, After the examination of Supervisor Gubner and Justice Church im their own behalf, counsel for defendants moved fora dismissal of the caso, A verdict for the defendant in the cose of Gabner was then ordered hy Justice Gilbort. The complaint in reference to Justice Church was dismissed, BROOKLYN THEATRE “PROPERTY. On Febraary 17 the property on which the ill fated Brooklyn Theatre stood will bo sold by the Kings county Sher, in accordance with an exccation placed jn the hands of thatofficial, st appears that when the Bi lyn Building Company was about to erect the of $60,000 was obtained trom John A, diy suit was commenced In the Su- preme Court to foreclose tht mt , alter the fire, by Seymour L. Husted and Charles J, Lowery, as execu- tors and trustees of the Jast willof J. A. Uross, deceaned, against the building company. ‘The pinibutts held policies of insurance for $40,000, of which $30,000 bas the tire Judge Gilbert »ppoited H. Th reported that $31,226 Cr the Court ordered yuuge YORK HERALD, SATURDAY, JANUARY 27, 1877.—-WITH SUPPLEMENT. THE NICHOLS DIVORCE CASE. MES. WICHOIS’ SISTER TESTIFYING—A CBIM. CON, SUIT DEPENDENT UPON THE 188UB OF THE TRIAL. ‘The court room in Bridgeport presented a strangely deserted appearance yesterday when the trial of she Nichols divorce case was resumed. Judge Fallerton and Mr. Nichols bad left for New York, as they bad exbausted all their witnesses and as only one witness for Mrs, Nichols was to be heard, Mra Nichols, with her bevy of lady friends, was present, however, and the court room was graced for a briet while by the presence of Frank Moulton, the “mutual friend.” ‘Tho witness called by Mrs, Nichols’ counsel was Mrs, Hydo, her elaer sister, resid! in Lockport, N. ¥. Mra, Hydo is -the wife of a Lockport clergyman, and, looks a highly respectable lady. Mra, Hyde, pro- duced a diary which she had kept in 1870 and from which she contradicted the testimony of Carrie Ray, who was a servant girl in Nichols’ employ, on one rather interesting point, Carrie Ray bad testified that 0a the ovening of the 18th of January, 1870, the cbii- dron had a birthday party, and that when she went into the back parlor for the tce cream tray she discov- ered Mrs Nichols in Lyman’s arms. Mrs. Hyde swore and that the t day was a and not her bookkeeper at Clafiin’s, and Mra. Hyd with dark hair and eyes, who wore whiskers and was well proportioned. ME. NICHOLS CHARY OF CHAMPAGNE, For the purpose of showing that Lyman did not visit Mrs, Nichols out as the friend ot her husband, drs, Hyde further testified that on a certain evening (Jan- uary 9, 1870) she saw Mr. and Dirs, Nichols and Lyman together in tho parlor purtaking ot Mr, Nichols’ chain- pagpeand cake, Mrs, Hyde desired to have it under- stood t Mr. Lyman must indeed havo been a warm friend of Mr. Nichols to be treated with champagne by ed that the flow of champagne in tho nee Was by no means great, and, in fact that this was tho only occasion on which she hersell enjoyed the sparkling beverage in the Nichols resi- 1 on both sides had pressing engage- next two weeks it was ugreed to ‘Nuosday, February 13, Meanwhile a large by witnesses against in this city. It trial until nine A. M. depositions will bo taken number Mra. Nichols may be remarked at this point that the trial of another cause 18 probably dependent on this, as Mr. Nichols’ crum. con. suit. against Lyman, in which he lays his datnages at $100,000, will undoubtedly be pushed, if he fy success(ul in establishing the crime charged in the ent trial, Both sides repose implicit confidence in udge Foster, who is one of the most distinguished ‘occupants of the Connecticut bench, He was a United States Senator and Acting Vice President of the United States under Johnson, and Judge of the Supreme Court ot rs of Connecticus, but became superannuated by the law of Counectiout when he reached the age of seventy, 60 that he now acts only as the “committes”’ (reterce) of the Superior Court. ‘TRY KXPKNSES OF THR TRIAL The exponnes of the presont trial must be extraor- dinary, oth Mr, aud Mrs, Nichols employ about halt # dozen lawyers each. One of these, Judge Fullert who conducts Mr. Nichols’ defence with great skill, said to receive $100 a day. u paid them before the trial tives has been employed jor movements of both parties, and the expenses for wituosses have also been very Ono remarkable feature of the trial, according to the statement of a gentleman who is in a position to know the facts, 1s the extraordinary spirit of sacrifice ifested by Mr. Effingham Nichols for his brother. ated that Mr. Effingham Nichols‘has advanced wother $50,000 to the costs of defending the action brought by Mrs. Nichols, |, in addition, ho devotes all is time to she case in order to vindicate his brother from the charges of orucity and inhumanity brought in Mrs. Nichols’ complaint. BARNEY FRIERY'S COUSIN. BUEGLARS PROFITING BY INYORMATION, LIKE- WISE A POLICE CAPTAIN. At the Washington Place Police Court yesterday Captain McDonnell and Detectives Murphy and Reynolds, of the Eighth precinct, arraigned Bernard. Fniery, alias James Woods, of No. 41 Clymer street, Brooklyn; Augustus Miller, of No. 42 Sheriff street, and Mrs, Sara Mills, of No. 174 Clinton street. Friory and Miller were charged with burglary and Mrs, Mills with receiving stolon goods, Friory is a cousin of Barney Friery, who was hung in the Tombe in 1860 for murdering Harry Lazarus, the pugilist, in the saloon kept by the lutier, known as ‘‘(he x-10-u-8,”? in East Houston street. He isa J Meena thief and his picture already adorns the Rogues’ Gallery. Mrs. ie ii about twenty years old, and bad # baby in her arms. The facts of the robbery ure as followa:—Mra, Louisa Buchaa, of No. 110 King street, reported that ber resi- dence had been broken into and proporty valued at $600 stolen. She left her roomson Wednesday and when she returned discovered the robbery. Cap- tuin McDonnell arrested Friery in the sa- loon kept by Thomas Ballantyne, corner ot Broome and Thompson streets. Friery contessed that he und Miller couautted the robbery and that Mrs. Mills planned it, Miller and Mrs, Mills were sub- sequently placed under arrest, She said that her mother a week ago sent ber to Mrs, Buchan’s resi- dence. When sbe came home Miller, a iriond of her husband, was in the house, and asked her where she bad been. She told him, and so Miller learned where Mrs. Buchan lived. On Wednesday she wept again to Mra, Buchan’s, On her return she mot Miller and Friery, tho latter not being known toher. She told Miller she had called on Mrs. Buchan, but did not find her at home. In the evening Miller called and made her a present of a piece of flannel, saying 1t would make elothes tor her baby. From the tniorma- tion furnished by Mrs. Mills Captain McDonnell suo- ceeded in frighteuing Friery aud Miller into stating where they had pawned the stolen age ook 4 and recov- all of it, Justice Otterbourg decided to hold tery and Miller for trial on a charge of burglary in $3,000 batleach, and on committing Mrs, Mills ona charge of receiving stolen goods in detault of $700 bail. REAL ESTATE, ‘The following business was transacted at the Real Estato Exchungo yesterday :— William Kennelly sold, by order of the Supreme Court, in foreclosuro, J. H. Lane referee, a house, with Jot 18.5x100.11, on East 117th street, south side, 183.9 feet west of avenue A, to the Emigrant Indus- trial Savings Bank for $5,800, E. H. Ladiow & Co. sold, bytorder of the Sipremo Court, in foreclosure, C. C. Bigetow refereo, the house, with lease of lot 25x136.9x26x138.5, No. 21 Waverley place, north side, botweeu Fifth avonue and Macdougal street (leased December, 1875; term, twenty- one yoars; ground rent, $775 per annum), 10 plaintir for $19,000. Also, by order of the Supreme Court, in foreclosure, 0. ©. W. West reiereo, a house, with lot 22.6x98.9, Ni 221 East Thirty-cighth street, north side, 267.5 fe south of Third avenue, to Eliza Booth for $6,900. Hugh N. Camp sold, by order of the Supreme Conrt, im foreclosure, H. Stickney referee, ove lot, 265x115 x100x25x76x90, on Fourth avenue, northeast corner of 426th street, to W. H. Burns tor $1,650, with taxes and Assexsments, D. M. Seaman sold, by order of the Sapreme Court, in foreclosure, G. Wiliams referee, a house, with lov 20x99.11, on West 125th street, north side, 370 feet west of Filth avenue, to John 8, Young for $8,500. TRANSFER: 85h wt, 50 100.8% rine Mich d husband to John P. Sehi Monroe st... 8 «(part lot 542), deed 1885; Seaman to David H. King. Monroe st. & a (part I King to Jamex A. Seam: ith st, 8.8, 195 ft. @. af " Selinchinan to Philly Michol. 110 ft. w. of Mudison nv. liar and wife to Margaret Ra 1b fhe we OF av, Ay 35 Ox100.1L d husband toJobn B. H 8, 15xd7.6; Tanne 10,000 8,383 1,800 Nom. or 3. 8, 495 ft. wo ind wife to Harriet 7.8 th. ‘Bd av. w Whitehe 29th st. MORTGAGES. F, and wife, to Ernst A. Gas- ay. n. of 23d st; i yonts ja H., to Wilson ave: | yent.. ‘and hasband, t fw rt, Jnabe SUEh ate, Ww. of vd Gitbert, Harries pe god sed and wife, to Froderi of 12th at., between Sth and 10th . MeEntyre, Patrick B. and wife, to Mary O'Connor, 8, 6, of 42d 'st., w. of 10th ny. ; 3 vearn... é saret and husband, to New York Lite Inaur- of Sth av.; 2 Same to KAMO, KB Same to aame, dame to same, Same to same. 5. Same to same, % ‘Sume ty sum Bame to enum Kitehie, Mary A. and husband, to Matual Life In- auranee Company, Rallroad ay. and Washington Bimpson, oP tite ONCE MORE IN JAIL William McManus, aliaa Barry Thompson, an old offender, arr: ed before Justice Otterbourg the 0 Court yesterday, was iully identi in front of tha store of Bernard Collin, No 677 Righth dotanl evenue, Meld iy THE “OQRNER” IN HOLINESS. WALL STREET PRAYER MEBTING—SEAYTS AIMED - AT THE BULL's-EYE OF GRACE, NOT AT TAR EXE OF THE “‘BULL.”” ‘There was a decided improvement im the charactor Of the services conducted inthe basement of the old John strect Methodist church yesterday, Fhe majority of the attendants thereat wore the same as on the days Previous, it is true, but the *experiences’’ of those who rose to testify to tho power of God to save sinnors through Christ were more rational, and the language employed was, in most Instances, rather better. A few spasmodic exhorters still rattlod off accennts of trifling incidents with a fervor intended to reader them impressive, but the majority of those who raised their voices in prayer or praise were men advanced in yoara, earnest in manner and moderate in language, There were no recitals of ta of pear trees and descent into wells to commune with the Saviour, This change, 1} was ascertained, resulted from the appointmest of a committee who have taken upon thomselves the coniuct of the services, having been avnoyed at tho flippant and frivolous style of some of the speakers at the first day’s meetings, The committee is composed of Messrs, H. C, Williams, No. 40 Wall street; H. ©. Fuller, No, 23 New street; E. G. Selchow, No, 41 John street; George Mesorole and William Peck Smith, No. 16 Broad street, and one or two others, with power to add to thoir number ag may be required, THE COLOR LINE IN PRAYER. Dr. Patton prosided at yesterday’s meeting, and in opening the exercises gave out the hyma ‘Jesus; Loves Me,” following which he read the fifty-tirst Psalm, During the reading of the Psalm a colored | worshipper entered und sat near u white member at the upper end of the church. After a moment's scra- tiny of the black man the whise brotner vacated bis ebair and moved to anothor part of the room. At the end of the reading Dr, Pattou prayed at some length, concluding by giving thanks unto the Lord ‘for the ine ication ot a great wave of salvation flowing over the: whole country.” ‘Take the name of Jesus with you,’? ‘was sang, and Mr. Dior rose to say that he saw occa. | sion to praise God tor the light we see just now in our Congressional halls, Behind the darkost cloud of our troupic thero was a silver lining. We should pray, too, that our destinies may continue to be illumined by the light of peace, He concluded with @ briet prayer, “sweet Hour of Prayer’? was the next hymo given out, and when it was finished Howell Gardner jumped to his Jeet. Mr. Gardner’s action 18 as vigorous as his words are emphatic. The meeting, he salu, was appointed’ for the conversion of Wall street men. VANDERBILT IN HEAVEN, Then he endeavored to draw a lesson from the life of one rich man, Mr. Vanderbilt, lave of Wall street, whom the speaker, notwithstanding the Scriptural as- surance invoiving a camel and the ha! of the need! believes to be now in glory. With all bis wealth an power, his building of ships and ratlroads for travel by sea and land, “Mr, Vanderbilt,” suid the speaker, “couldn't build a ship to sail to heaven nor a railroa to carry him there,” Through the highways ot holi- ness only could he get there, nas the humbiest go, With a recital of his own dilticulties about the time of his conversion Mr, Gardner finished, shouting ‘Glory, hallojujab!?? ws he sat down, CALM COUNSEL, As this speaker sat down a respectably dressed man advised, incalm tones, more reasonable specches. The meeting, he said, was uot specially for Wall street men. There were as good men in business to Wall street ax auywnere inthe city, aud he deprecated the ad Making targets of them. ‘Ibe meeting was lor business men, of course, but ull who folt they would be benetited by attendance at the services were cordially invited. ‘ome, ye Sianers, Poor and Needy” was the song selected at the close of this address, and 15 was followed by a prayer for the man who coniessed himselt a acepuic at the meeting on Wednvsday, A converted infidei tola a pathetic little story of the death ot a comrade, also an intidel, onthe field of Antictam. ‘The dying soldier begged to hear some words of comfort read irom a Testa: ment when about to breathe bis last in the dreary hospital to which he had been tuken, and bis tervot awoke the speaker to a consciousness of sin and led to his becoming a Ubristian, After another prayer by @ Member advanced in years ® young mau, with tuln, sharp features and ascant mustache, stood up and said:—‘*l'welve months ago | was a sceptic and une of the most profane young men thi ir walked, and I ‘was saved, us you oan be, my friends.”? ‘Almoat Per- suaded” was sung, an ir prayer offered, and a wo- man asked the pray: oi the congregation tor the Cbristian wife of an Hiover of her acquaintance, Tne prayer was made, the song ‘Pull for the Shore” ‘was sud, another prayer, for blessings on the clergy, on Moody’s work to be ipaugurated ut Boston to-mor- row, &c,, was nade by a Brooklyn clergyman, and the exercises closea with u benediction. Une ot the members of tbe newly formed committee for the proper conduet ot the serviees at these moet- ings camo at the close of the proceouings to say to the reporters that the flippant experiences heard at past meetings would not be tolerated in the future, THE DESTITUTE. Tho public genorosity in sustaining secbaritable tne stitution to wbich thousands of the poor look as their only chance for help in dire distress has been wel manifested during the past few days by the responses given tothe appeal for funds issued by St. John’s Guild, The Guild was utterly without a reserve fund to fal! back upon, and has been for the past week from day to day compelied to Tely upon the contributions of one day to feod the hungry on the nmext.. When it was announced that the requirements of the applica- tions for assistance necessitated contributions to the amount of $1,000 a day an average up to that figure was daily contributed. How long tbis inflow of money will coutinue remains to be seen, but when the dona- tions cease then the Guild must discontinue its work, jor there is not a doliar in the treasury, THE COAL DISTRIBUTION. At the Department of Charities and Correction Su- rintendent Kellock was yesterday forenoon kept as yusy as he could bein iving applications jor coal. ‘Those who look at the poverty stricken thousands with thoughtless pity do not understand how sincerely the distressed need every little help that is afforded them, e foliowing is a letter selected from = ber of gimilar ones, received by Supermtendent Ki lock, which shows how even the charity of the coal (fer which 10,000 applications have been received) is appreciated THE GRATITUDE OF THE POOR, New Youx, Jan, 22, 1877, Hon. G, W. Keioox, Superindent of Outdoor Poor:— St—We, the undersigned citizens, appliedjto Your Honor on the 154 for some coal. ‘Through your wisdom and Your humane heart you repiied to our pitiable request, and Accordingly each of Us received halt a ton of Tosh and 2oth imxt., which will t, in presorving the lt , st WS NeCeRSATY a We hereby heartily and slentiously send you our thanks sud the thanks of our or your kind and humane heart in sending us ir homes were in distress. cf ng cont noble career of useiuiness in office, we bumble servants, \Bigned by three families at No, 4 Horatio street. THE SOUP HOUSKS. kitchens tho avo! ana chikiren were lod yesterday. It is sot ‘a the way of relief to give a good substantial meal daly to about 1,700 fumisbing, deserving people, The crowds who stand around these soup houses waiti for their turn to be served have hunger written 1 th faces, The inote soup houses the better, even it on smaller than are the two market kitchens, | T! otuer markets in the city ought to i in their respective neighbornoods, The poor everywhere around the city, and there can be abso. lutely no starvation wh mily can send for ag much chowder, beet stew or soup as they may noed fora meal, and the Washington Market ‘alton Market kitchens are supplying such food. SAVING THR WRETCHED. The number of the idle men seeking voluntary c Mittal to the Islaud has not been so iarge for the couple of weeks ns in the weeks previous, A dozen may now be oalled the roaximum number for ingle day and the average is far less than that. The char- table institutions have saved thousands this degraua- tion, The winter being still a long time for the poor, the generosity of those wno are able to afford to con- tribute their money is still as muon pealed to as when there was nv help at ull for the distressed, ST. JOHN'S GUILD, The following contributions were received yester, day, and will furnish only a partial supply for to-day :— ©. F. A. Hinrichs, $25; Mrs. J. Sands, $10; Swift, Sackett & Co., $50; Mrs. T. D. Jones, $60; T. RL, $50; Miss A. $5; Miss J. D., $5; Anonymous, $1; ALS. $1; A paneer $16; Cbaries F, Havilans & Co., $ 5; W. BOA, $5; A. Kitpstein, $5; N. RE 0. 0. We Flogonheim & Kosenderg, $25; W.B, Wheeler, $25; B. Grotia, $5; “Margery Daw.” $1; Wm. ©. Bhinelander, $100; Mrs. Robert Smith, $4; Miss Lewis, $1; Ars. Philander Hali, $10; arr aay ri Pet $2; Pig $1; 3.6, ; Henry Hoss, $5; J. T, Scot, $5; James Stow: $100, Total, $646. ner = Contributions are earnestly solicited, and should amount (Mr, Wiswall says) to at least $1,000 a day to enubdie the Guild to continue its work, All money should be sent to Andrew W. Leggat, Treasurer, No, 42 Kast Fourteenth street, BROOKLYN'S SOUP HOUSE, Tho persons having the ostablishment of @ soug house for Brooklyn in charge have succeeded in se curing No, 35 Willoughby street, at a rental of mooth, An expense of $218 95 has been Bad | thus far, and to meet this the sum of $300 has been collected, whici leaves a balance on hand ot $81 05. It is thought that everything will beim working order by Monday nex. THE HOUSE OF REFUGE. The managers of the Society for Juvenile Delinquents have just issued thoir filty-second annual report and elected officers tur tho year, Tno report ot the pres dent 1s an interesting one, 1t shows that since the opening of the institution the House of Refago ewived 17,215 children, boys and iris, in the Rewk | da 1, 1876, 880; ‘received duting th ; indentured to various trader, 81 Srasiaizg a tah end of the year, 085, Expenses for 1876, $132,505; ree LOONTINUED ON NINTH Fagms