The New York Herald Newspaper, February 13, 1877, Page 8

THE COURTS. Important Injunction in a Heavy Bankruptcy Case NICE REAL ESTATE SCHEME. Valuable Fifth Avenue Property and Per- plexing Legal Questions. AB ORIS PROFUNDIS, —_—_—_ PROFANITY An action bas been commenced in the Supreme Court by the Metropolitan National Bank of this city, by Lyman W. Bates, their attorney, against James McLean, Henry H. Stotesbury, William D, Barbour, Thomas Cochran, Wilham Barbour, and Thomas Coch- ran and William Barbour as executors of Charles P, Cochran, deceased, and Henry A. Page, William Turn- Dull and Augustus Richards as recviver of the estate of Cochran, McLean & Co., asking that certain aims: made against the estate of Cocnran, Mclean & Co, by the defendants, Thomas Cochran aud William Bar- Dour, individually, and by them as executors 0 Ubarles P. Cochran, aud by the defendant, Thomas Cochran, may be adjudged not to be lawful claims against the estate of Cochran, Mclean & Co, and pot eptitled to sharo in the distribution of the assets ot the te among creditors until ail just creditors of the estate shall have been paid in fuil, with interest; and that the defendants, Tuomas Cochran and William Barbour, individually and as executors, bo restrained trom receiving or having any dividend from the assets of the estate on account of their ms, and that tbe receivers be enjoined from paying to them such dividend. The complaint in the case Btates that Cochran, McLean & Co, failed in June, 1876, with liabilities of abont $800,000; thatan ection was thereupon commenced by Heury H. Stotes- bury for the purpose of obtaining a decree of dissolu- tion of the drm, in which action the receivers were appointed and a releree to take proof of claims, and tbat the receivers proceeded to colicct the assets of the firm and are aboat to deciare a dividend. It is turther Stated that in December last Thomas Cochran and William Barbour dled with the referee aclaim under path against the firm of $502,335 34, averring that that sum was owing them by the drm, exciusive of a loan of $700,000 placed at the risk of the business, such claim being specified in items as composed ot $150,773 93, joaned 98 cash at different times; $227,896 64, money used in the purehase of notes of the drm in open market; $100,000 indorsement of firm notes; $4,838 09, a note of W. T. Marcy & Co., indorsed by Cochran, McLean & Co., in the hands of the claimants, together with $18,812 68 interest; that they at the same time, as executors of Charles P. Cocurag, filed a claim under oath for $67,127 16, based upon notes given by the firm to them, and that Thomas Cochran individually made a further ‘claim of $918 08, the amount of a dratt alleged to have been paid by him for the firm; that the plaintifis have fied a claim against the estate of over $100,000 on business paper bei by them; that wheb Cochran and Barbour presented their ‘claim, $502,335 34, they proposed to waive their turther Claim of $700,000, putin asa loan “at the risk of the business,” provided a speedy settlement of their first demand should bo had; that if such a settlement rould vot be made they should iusist upon the allow- ance of aclaimto tho amount of $1,202 34, with if allowed, would reduce the divi- creditors of the firm to about thirty per cent, and that if not alowed the latter would re- ceive their claims in full. It appears further, from the * complaint and ailidavits attached, that prior to 1869 the defendants, James McLean and ‘Henry Ll, Stotesbury, became indebted to Cochran & Co. to the amount of $190,000, and that in that year the two firms united, jorming’ a new partnership, consisting of Thomas Cochran, William Barbour and Charles ?, Cochran as special partners, and James McLean, Henry H. Stotesbury und Furgus Cochran as general partners, to be culled Cochran, McLean & Co., having a nominal cash capital of $1,000,000 and to continue tor tive yeers, Of this sum'the special partners contributed $400,000 in cash. The balance, $600,000, they -‘ar- Tanged”’ by calling the old debt of McLean & Stotes- bury of $190,000 a cash asset and turning in their old stock of goods and store fixtures ata valuation of pearly $500,000, both of wich amounts were carried to the credit of the special partners as a loan, During the ‘five fears in which this partnership lasted the special partuers advanced, including cash, specil capital, the cld stock of goods and debt of McLean & Stotesbury, about $1,400,000, and arew out within that time $1,350,000 in casb, notwithstanding the fuct that they had ugreed to leaye $1,000,000 in the tirm at the risk of the business, and that the firm was losing money and was actually unable io pay 118 debts before the expiration of its term of existence. The plaintitls also allege that the entire schetne was intended and contrived by the detendants, Thomas Cochran, William Burbour and Ubaries P. Cochran, to secure payment of their old tlaim against McLean & Stovesbury and to curry ona general mercantile business through the defendants, james McLean, Henry H. Stotesbury and Fargas Cochran, ag their agents and copartners, and to avoid hability as general partners, and was not intended in good faith to be an actual limited partnership accord- ing to law, and that the actual facts were not made known to creditors or persons thereaiter becoming creditors, but were caretully concealed. The firm of Cochran, McLean & Co, expired by its own litnitation om the ist day of July, 1874, and upon that day & new copartuership was formed beiween the de- fendants James McLean, Henry H. Stotesbury and Will- jam V. Barbour, culled’ Cochran, McLoan & Go. No, 2. Thomas Cochran and William’ Barbour individually and as executors of Charles P. Cochran deceased then nominally retired from the business, but in ord ive credit to the new firm gave out that they w joan capital to it, The complaint then states that Cochran and Barbour did not then or about that time advance or loan any money whatever to the new firm, but that they secretly and falsely estimated and agsumed that their jowt interest remaining in the co- partnership assets of Cochran, McLean & Co. No. 1 was $700,000, and that such iuterest was called by them a Joan to the new firm and pablished as such ; that subsequently Cochran and Barbour, as executors ot Charles P, Cochran, insisted upon and obtamed the Promissory notes of Cochran, McLean & Co. No, 1 in hquidation of the supposed interest of such estate in such firm for one-tnird of the nominal value of assets, with interest added, making abont $265,000, which notes were paid to the amount of $200,000; that Co Tan and Barbour then estimated thei interest in Coch. ran, MeLean & Co. No. 1 remaining in the business of Cochran, McLean & Co. No. 2 to amount to £485,000, to which they added interest sufficient to make the sum $500,000, and then from time to time contributed $200,000, which was all the money they ever advanced. It is stated in addition that toe firm of Cochran, Me- Lean & Co, No. 1 on the 1st of July, 1874, were not worth enough to pay the debts of tho firm, exclusive | of money owing the special partners, either ‘capital or retended jouns, and that instead of Thomas Cochran, Villiam Barbour and the estate of Charies P. Cochran of such firm being about $790,000, the firm was in fact ftisolvent and had no interest whatever therein oxcept fp uncertain and contingent interest in unavailavle ts pot realized; that J McLean, Henry H. Stotesbury aod William D. Barbour never had any actual capital in the new firm of Cochran, McLean & Co,, their interest being only nominal and at all times Bubject to debts equal to or greater than its assets ; that {Thomas Cochran and William Garvoar were in reality the principal copartners seeking to conceal the'r interest aud induce the public to believe such in- terost was a loan of money; that n pursuance of secret plan they pretended to adva from time to time money as loans, purchase in the market the comme firm to a considerable amount, but that such pre loans and purchases were made in the old irr of Cochran & Uo, ; that they wore necessary adv: whieh they made'to prevent thy failure of the copart. nership and in order to strengthen its credit, and were the advances of general partners and were not general loans of creditors. As to the claims agunst ine estate made by Cochran and Barbone, the plaintifis allege that it is not true that Vherr imierest in the aesets of Cochran, McLean & Co, No: 2 amounted to $500,000, exciusive of the pre- tended lown of $700,000, inastnuch as all the money ever advanced by them to the firm would not amount to. $700,000; and, furthermore, that they were acting as general partners, and are therefore liable to the fail amount of the debts of the firm Upon the allegations set forth as given above a ten rary injunction has been granted by Judge Donohu Bt the Supreme Court, restraining Thomas Cochran | and Willian Barbour individually, or under {he name of Cochran & Co,, their agente, attorneys and ser. vants, from receiving any dividend from the assets of the late firm or firms of Cochran, McLean & Co., named in said complaint, on acconnt of any claim or tlums made by them inst Said assets; and that the defendants, Heury A. Page, Henry bull and Auguste Richard, as receivers of the property of the said Cochran, Melean & Co., do also refrain from pay- ' the said Themas Cocira item Barbour, cher mndividdaily or under the name of Cochran & Co., of as executors of Charles I’. Cochran, deceased, ‘any such dividend until the further crder or judgment of this court. ‘This order was made returnable on the 17th inst,, when the queston of the dissolution or per- manency of the injunction will come up for extended argument and final adjadieation, MgKING NEW LAND. A few days since there was published! exclusively in the Hunato the details of the suit brought by James ‘W. Duryea against the city to fecover $50,000 dam- fages.on account of the sewer boing allowed an outiet on the north sido of Thirty-fourth street and Kast River upon lund belonging to him, AB stated in the report Oliver Clarlick, acting for tho Bast River Ferry Company, extondod Thirty-tourth street some 300 | castorly and built terry slips at se oxtremity. Prior to this the Jarge Murray ‘Hill outlet sewer discharged about 100 foet east of First avenue, which was then the high water mark, Charlick undertook to continue this sower through the made land by means of a box extension, but constructed the same so negligently that it became choked with dirt, the sow- age was set back and cellars on First avo~ nue and 1 Thirty-fourth street were flooded, At this time Mr, Talman, Vice Presidenv ol the Farm- ere’ Loan and Trust Company, held the title to moss of the land in the vicinity. Thi idents complained so bitterly of the overflowing of the sewer that Mr. Craven and Mr. Weston, of the Croton Aqueduct Board, which then had charge of the sewer, undertook to remedy the difficulty by building a ‘side cut’? from the mouth of the old sewer northerly across Thirty-ionrth street to land then covered with water, between Thirty-fourth and Thirty-Afth streeta, This, it is contended by the city, was done with the license of Mr, Talinan, who then owned the land. After this side cut had been some time in operation the plaintiff bought the land lymg east of First avenue, and extending {rom the middle of the block between ‘Thirty-fourth and Thirty- filtn nearly to Thirty-stxth street, In July, 1867, he obtained from Georg W. McLean, Street Com missioner, a permit to build a bulkhead on bis river front. By the covenant in the deed from the city to the Farmers’ Loan and Trust Company, from whom, through Taiman, he purchased, it was necessary for the plaintiff to obtain possession from the city betore building any bulkheads or filling in any streets. It is contended by the dofendants that a permit irom the Street Commissioner js not a permit from the city, which must act in the matter through the Common Council, They also contend that plaintiff had no per- mission from any one to fillin the street. Tho plain- tf insists with regard to this point that this covenant r avenue A; that he did not build any bulkhead th but aid build it on his own land, where 1: hag been held by the Court of Appeals in this very case he had a right to build it, Having built hig bolkhead Mr. Duryea next began to fill in from the same toward tle shore, and also from the shore outward. By degrees he wo prevented the natural flow trom the sower as to force it throngh a canal across the very centre of his land, and when ho undertook to fill this im the Bureau of Sewers forbade bim ander threats of fue and imprisonment, Mean- while the discharge became vory oifensive, so much so thatthe Board of Health ordered him to continue filling in upon the same threats as thoso used by tho Croton Board, He did not fill in, but aliowed the water to escape over his landgand alleges that consequence he was unable to improve or rent his land for nearly two years. ‘The city contends that he should have continued the sewer through his mado dand, and if he chose not todo sothathe must take the consequences. The trial of the suit was commenced yesterday before Judge Donobue. Messrs, F, J. Fithian and A, J, Van- derpoe! appear as counsel for tho plaintifl, and As- sistant Corporation Counsel A. J. Requter and E. Senry Lacombe forthe city, The tral promises to occupy several days. DIFFICULT QUESTIONS OF LAW. William G. Nicoll, through his attorneys, Messrs. Hateh, Van Allen & Brown, filod yesterday seven lengthy complaints in actions brought by him in the Supreme Court to recover possession of seventeen dif- ferent Jots on Fifth avenue, The respective defendants in these actions are Levi P. Morton, William J. Gess- ner, John W. Healy, Willlam £. Waring, Goorge M. Boyd and Margarot M. Ahearne, The proporty is worth over $400,000. The complaints state that in 1840 Daniel Trembly was appointed receiver of the property of Peter Poillon in a proceeding by creditor's bill, and that Poillon was ordered to and did deed all his property to such receiver; that in 1842 Poillon went into bankruptcy, and tat he and the assignee in bank- ruptey, together with an old judgment creditor of Voillon’s, created a cloud on the receiver's title by Foy bene, me deeds, purporting to convey the ute; that Poillon’s ownership of the lots was unknown for thirty-hve years; that T'rembly died long ago; that the care and control of the property went to the Court of Chancery, and that when this court was abolished such care and con rol were transferred to the Supreme Court, Mr, Nicoll way appointed receiver 1n place ot Mr. Trembly, and claims that by virtue of Poillon’s as- signment to Trembly, made thirty-seven years ago, and the proceeaing by creditor’s bill, ,which remains pending, he is the holder of the title to the real estate, The matter bristles with difficult questions of law, One is how far bona fide purchasers are chargeablo with notice of proceedings in equity suits and appoint. ment of receivers under the vld practice, where no lis pendens has been filed. Another’ question 1s where an assignee in bankruptcy convey real estate whethor purchasers must take notice of re- cital in the bankrupt’s schedule, Still another ques- tion is of what recitals in the deed forming the nold- ers’ chain of title the purchaser is bound to take no- tice. The first question ix whether, at the expiration of the ten years’ lien on real estate, a judgn.ent oredi- tor can issue execution and cut off by sherifi’s sale a junior fadgment creditor who has filed a creditor's Dill? ‘These questions rest on black letter decisions of Hnglish courts and the old chancery reports. y show, furthermore, t! it ig often avery difficult thing to search a title, and that it is dangerous for an attorney to certity that a title is periect. PLETHORA OF COUNTERFEITS. Since the breaking up of the Brooklyn gang of coun- terfeiters some few months ago the ‘‘shoving of the queer’? has been greatly on the increase. Three prisoners were yesterday dealt with for passing counterfolts Those were not acting in* concert, but each was arrested operating inde- pendently and apart from each other. The most noted of these was Morris Bronson, alias ‘Black dack,’? charged ing a counterieit ten-dollar bill on Daniel Abramswitz, a barber, of No. 1935 Henry street, He was held by Commissioner Devel in de- fault of $500 bail to await examipation. ‘Black Jack” has already served eight years for highway robbery and six months for fraudulent impersonation, Joba Hanlon, who passed a counterfoit ten-dollar bill on Mary Flynn, of No, 85 Chariton streot, was yesterday brought betore United States Commirsioner Shields and held to await the action of the Grand Jury. ‘Leon Bressolless was yesterday arrested for attempt- ing to pass a counterfeit twenty-dollar bill on Mar; McDermott, boarding house keeper, No, 77 East Tent! street, He was held in $500 bail by Commissioner Deuel to await examination. THE POST OBIT FORGERY. ‘The extradition proceedings by the Belgian govern, ment against Jean Baptiste Heur! Vandervelpen and his wile, charged with forging the name of Baron d’Acousse to a note, designated a post obit, for 500,000, was continued yesterday. To-day Professor Vander- velpon will testify in bis own and wifo’s benalf, when a phage of this rather singular and mysterious case not developed in. the depositions of the uectsers—the heirs of the estate of the, defunct baron, taken in Namur, Belgium—will be revealed. POOL ROOM PROFANITY. ‘Tho exccutors of Peter Gilsey sued Emanuel Gugen- heim In the Marine Court to recover $980, rent of the store No. 1,193 Broadway, which is directly over John- gon’s pool rooms, The defendant adinitted the hiring but relied for his defence upon the fact that the pool room injurad his business, but as the owner claimed that he was not responsibie for his tenant's conduct, judgment was given in favor of plaintiff. FRATERNAL FRIENDSHIP. Two brothers—Ethan Jones and John Jones—being unable to agree as to tho division of some real estate, selected Mr. Henry McCadden to make the division. John Jones, however, was not satisfied with tho division made, and, as alleged, refused to carry out the agreement to abide such decision, A sult was ac- cordingly brought by his brother to compel him to convey the property awarded under the decision of Mr. MeCadden, The case came to trial yosterday betore Judge Van Vorst, holding Special Term of the Suprome Court, Among the witnesses called was Morgan Jones, a brother of the litigants, “Are you on good terms with your brother Ethan ?”” asked Mr. L. H. Rowan, the plaintifl’s counsel, No, eit,” answered the witness; I have not spoken to him for over fifteen years.’? “Were you a member of the Tweed Ring?” pursued the counsol—a question, however, which was objected to, and the objection sustained. “pid you do plumbing work for tho eity tuder the Tweed reign ¥" “Yos, sit,’ answered the witness. «Was you on the bond of Thomas Coman, arrested on a charge of defrauding the city 7’? “Are you on the bond of a man charged with mur- der?”? pursued the lawyer. Tus question was not al- lowed, Ex-Congressman Jones, however, was put through a pretty severe course of interrogations, the result of which ap nily did not have much effect on the question al ue, | OYER AND TERMINER, Before Judge Brady. ARRAIGNMENT OF ALLEG@ MURDERERS. It has been several months since any trials have been held in the Court of Oyer and Terminer., Thero is & promise now that during the most of tho balance of the month this Conrt will bo in active session, and that most of the prisoners, at present confined in the Tombs upon indictments for homicide, will be brought to trial, The Court opened yosterday, with Judge Brady on the bench, Nothing ‘was done beyond tixing the time of trial | of various parties under indictment for homicide. The first prisoner placed at the bar was James Rico, 1n- dioted tor murder im the first degree for killing Haugh MeCabe with a hatchet, at West Washington Market, on the 10th of October Inst. Through his counsel, Messrs A. Oakey Hail and William F. Howe, ho pleaded not guilty, and his t was” sot down for next Friday, James Garrity, the alleged curt rong murderer, charged. with ‘killing Jobo Smith on the 4th of May’ last, Hudicted for mur der in the first degree, pleaded, through Mr. Wiliam B, Howe, his counsel, not guilty, after which his trial was set down for Tuesday of next week, The trial of Charles Ross, indicted for killing Dennis Leary with a Knife, was set down for Wednosday of next week, He pleaded, through Mr. Howe, not gatity, sie Ween re canes r. William Brush, indictod for forgory, ploaded, through Me, Willtam 'F. Kintang, tin counsel, ol ulity, and bis trial was set down for Th Mi Soy este acrans cat Wikaes seeiiee e dicted for forging bonds of the Milwaukee 8h NEW YORK HERA Paul Railroad . Edward Be"Cnipmca, their coutasl, net guiliy, and thelr tral ‘was set down for next Wednesday week. SUMMARY OF LAW CASES. In the injunction proceeding brought by Joseph T. Howland against George N, Curtis, in reference to shortening the outlet to Green’s pong, at Long Branch, the acts of which have been published, Judge Barrett gave his decision yosterday dissolving the injunction. Jobn Jacob Astor has commenced a suit to foreclose a mortgage for $10,000 on certain property in Thomp- son street belovging to Cornelia A. Ellis and others. Application was made yesterday to Judge Bar- rett on behalf of Dora M. Peyser, widow of Max M. Peyser, for an accounting by Frederick Bernhard Wendt, executor of David M, Peyser, and also a con- struction of the will of the two Peysers, with a view to determine her interest in tho estates they respectively ee Judge Barrett bas the papers under consider- ation. s Mra, Marie Hagart has brought a suit against the city for $10,000 damages op account of Injuries su: tained through falling imo an excavation in 110th street on April 22, 1868. The case came to trial ye terday belore Judge Van Bruyt, holding Supreme Court, Circuit, Mr, Robert N. White appearing tor tho plaintiff’ and Assistant Corporation Counsel Miller tor the city, The detence 1s a general denial. Joseph Eneas has brought a suit against Herman W. Hoops to recover $0,385 87. balance claimed to be due ‘on a cargo of cocoanuts sold to one Herron, upon which < was guaranteed by the defendant. ‘The trial cage Was coimmenced yesterday before Judge Sedgwick, in the Superior Court, ground that the cocoanuts wore bad and that the cou-, tract was not complied with, The case of Edward Aaron, suit by his guardian, Rachel & Hirsch, was concluded yesters Daly, in the Court of Common P ellon was brought to recover $3,090 damages for an alleged ilic- sal seizure of bis goods at the defendants’ instigation. he defence was that the goods belonged.to the piain- t's father, Levi Aaron, agninst whom they had a judgment, ‘The jury yestorday gave @ verdict for tne defendants, Caroline G, Reed owns two brown stone houses on Fifty-third strect, east of Fifth avenue. Between her houses there hus been erected a large livery stable, bo- jonging to Maturin Livingston, which she seeks to have perpetually enjoinod, ‘The trial of a suit brought for. this purpose wis commenced yesterday belore Judge Sedgwick, in the Superior Court, Special Term, and will probably last three or four days. In asuit brought by Julius Catlin, Jr,, and othors against Philip Franklin, to recover $2,180 50 tor alleged fraud in obtaining merchandise from the plain- tiffs, the complaint was dismissed. Franklin has brought suit against Cathn to recover damages on ac- count of an attachment obtained in tuo former sult against his property, Judge Sedgwick, in the Superior Court yesterday, donicd a motion to stay proceedings, pending the result of an appeal taken from the judg- ment dismissing Catlin’s complaint, Edwin 8. Doolitule brought suit against B, C. Butler, to recover $76 tor a design for the chancel window of St. Mary’s church, at Luzerne, in this State; for design for # reredos in the samo churc! id for afountain in front ot the Wayside Inn in the samo town. minor, who brought a nth, against Godschaud neers Judge J. F. was tried yesterday before Judge Lawrence. Mr. Butler denied having contracted for the jwork, but it s shown that Mr. J. 0. Clapp, as his' ager, negotiated for the design, A verdict was given for $84 84 for the plaintiff, being the full amount claimed, with interest, . Inthe case of the Emma Silver Mining Compan; against Trenor W. Park abd others the plaintiths closed their case yesterday. Tho defence then moved to dismiss the complaint on the ground of want of evi- dence. Judge Wallace reserved bis decision and will decide on the motion this morning. Hawley D. Clapp, as is well known, was one of the sureties on the bail bond of Thomas ©. Fields, the other surety being William Florence. To indemnity these gentlemen as pis bondsmen Fields conveyed to them cortain real estate in this city, tho deed of con- veyunce being drawn in Havana, Cuba. It now ap- pears that the Matual Life Insurance Company held a mortgage for $22,000 on this property, and brought a foreclosure suit, A motion was made on bebal! of Mr. Clapp before Judge Barrett to have the judgment for deficiency in such suit as against him set aside, ana that permission be given him to have tried before ‘a jury the question of his lubility, und Judgo Barrett yesterday denied this motion, but without prejuaice to its renewal. Ira Reynolds somo time ago bought a ticket from Cleveland, Oblo, on the rie Hatlway, in- tending to travel te this city, He was in- formed he could stop over at any station on the Ime, provided his ticket “was indorsed. He did stop ut a station, and, when the conductor saw his ticket the next day, he informed him that it was good for nothing and that bo would be obliged to pay his tare. ‘This he refused to do, whereupon he was foreibly ejected from the train. He has brought a suit against the Erio Railway Company, claiming $30,000 damages, and tho trial was commenced yesterday be- fore Judge Van Hoesen in the Court of Common Pleas, ‘The company dofends on the ground that tho ticket was good for only one division and deny that any force was used. GENERAL SESSIONS—PART Before Recorder Hackett, CHARGED WITH FORGERY. Lewis 8. Lenbeim, of Great Bend, Pa., the fatber of Lenhetm, at present contined in the Tombs awaiting trial on the charge of forgery, wax conveyed to this city charged with a similar offence, It is claimed that in October last Lenherm offered for discount to the Park Bank a note for $9,500, purporting to be signed by H. N. and S. T. Clark, of Groat Bend. It was alleged that tho note was a forgery. The prisoner was committed to the Tombs in detauit of $10,900 bal. Yesterday Mr. Nathaniel Van Sickel, of Goshen, Orange county, N. furnished the requisite amount of bail, which Recorder Hackett accepted, ALLEGED PERJURY. James Sutton, president of the Aldine Publishing Company, was arraigned atthe bar by Assistant Dis- trict Attorncy Herring, charged’ with perjury. The prisoner was defended by Mr. J. R. Fellows, Ia opon- ing the case Mir. Herring said that on the 24th of June, 1875, a fire occurred at the.establishment of the Aldine Company, at No, 28 Liberty street and No, 58 Maiden Jane, The Gre lasted over two hours, but was mainly confined to tite third and fourth floors. Subsequently, when Mr. Sutton was making out his proof of loss, he RWwore, a8 the prosecution claimed, that his losses by tho fire in the Maiden Jane building was $122,966 62, and on tho Liberty street builaing $80,000, his insurance on both buildings amounting to $109,190. A sworn investigation followed, und the prosecution alleged that the total losses on both premises did not exceed $40,000, and that of the 3,700 pounds of valuablo electroplate, which the accused swore were absolutely destroyed by the dre, only forty-nine pounds could bo found in the débris. This being the case, Mr, Sutton was arrested on the charge named, Mr. John J. Stovons, of the Insurance Patrol, gave evidence of the fire, and Fire Marsnal Sheldon testified as to the state- ments mado by tho accused ut the sworn investigation. The further hearing of the case will bo resumed to- duy. GENERAL SESSIONS—PART 2, Before Judge Sutheriand, A TWIN BROTHER STORY. Charles Meyers, a sallow looking young man, was arraigned at the bar by Assistant District Attorney Rollins, charged witb having in the month of March, 1872, stolen a watch, the property of Valontine Goetz, of No, 145 East Thirty-fifth street, The prisoner called on complainant’s wife and told her that ho was re- quested to mend her husband's watch, which he took away but never returned. Evidence was given to show that he offered to dispose of it for $6 and then disappeared, Not Jong since the prisoner called on a Mr. John Been, of Third avenue, and asked him whether he had any clocks that required mending. He was told to come the next day. Goetz was notified ot the prisoner's presence, and, recognizing him tho next day, he bad him arrested, The prisoner swore posi- L thata stranger could not tell one trom the that he was not in New York at the time of the occurrence, The jury, however, found him guilty ol petit larceny and ho was sentenced to six.months’ imprisonment, ALLEGED FALSE PRETENCES, Ebenezer Hanford, described in the papers used bo- fore the magistrate as a Wall street operator, was arraigned yestorday on an indictment charging him with false pretences in obtaining $3,000 upon worth- | Jess bonds of the Charch of the Disciplos. The de- fendant not being ready for trial the case was set down for next Monday, when the subject of eharch financier. tng will be racily investigated, Mr, A, Oakey Hall will defend the prisoner. COURT CALENDARS—THIS DAY, ey CounT—Cnamngns—Held by Judge ‘Bar- 08, 96, 114, 119, 144, 146, 149, 166, 177, 178, 188, 195, 262, 259, . Svrneme Court—-Srrcta Term—Hold by Judge Van Vorst.—Nos. 47, 100, 102, 105, 50, 122, 128, 133, 135, 1A, 142, 143, 148, 281, 114, 115, 283, 67, 46, 38, 53, 74, 87,'20, B84, 110, 151. . Surreme Count—Cmevrt—Part 1—Hold .by Judge Donohue.—Nos. 2011, 2719, 2591,, 2687, 1993, 1, 2689, 1513, 2091, 2U64, 9023, 4207, 271, 2803, 2849," 2871, 2563, osu, 1, 2909, 2043, 2957, 2085, 2995, 3007, 3009, 2846, 2549, TAL, 1687, 1588, 1941, 1430, '1437," 2769, 2721 2861, 2013, 3679, 3077, 3079, 3O8L, 308%, 3085, 7; 308), 3091, 2003, 2095. bart —Held by Judge uwronce.—Nos. 1784, 1822, 1596, 3682, 1086, 1550, 2602, 6, B44, 1820, 172434, 438%, 1008, 1644, "1062, 1486, TT5d; 1764, 1492, 188894, 4470, 1742, 1704, 500, Part 3— Held by Judge Van Brunt.—Nos, 3023, 278, 2277, 1148, 22st, 636, 1741 ig, 413, 419, 64, 557, 9284, B01," 1736, 2000" 1611, 81, 2720, 2601, 2283, 634, 1341 34,2237, 20734, 1 Supsrion Cocrt—Srroiat TRem—Held by Judge Sedgwick.—Nos, 54, 66, 18, 26, 28, 40, 64, 68, 73, 58, 8, 16, 20, 24, 60, 71, % 21, 25, 72 ‘Derurrer.—No. 6, sovariok Courtr—Tria Trrm—Part 1—Held by nage Spetr.—Nos. 1068, 405, 312, 468, 965, os ), 456, 475, 446, OSL, 486, 748, 406, OLY, 875, 877, 878, 880, Part 2 Fre Heid by Judge 7, 66, 637, O72, 574, 743, B14, 623, 669, 645, 521, 690, BOL, S64, 565, 866, 867, 869 570, Part d—Held vy Judge Curtis,—Nos, 790, 885, 986, 887, 898, 489, 890, mal 633, 639, Sil, 872. 715, 828, 700, 883, 884, 802) 593, 804, 805, 8U6, 897, 900, 902, 903, 904, 40D, 907, 908, 909, 910, 911, 916, 918, 919, 920, 921, 92: 23. Surentor Covrt—GerunaL Tena.—Adjoarned sino : » Oe eAS—| ‘Tw Id. by Judge Robip- pee chasse a Joe LD, TUESDAY, FEBRUARY 13, lay tively that he had a twin orother who resembted him | | To Tur Evitor or tHe HeraLp:— Commox Preas--Triat Terw—Part 1—Hoia oe ae 1 877, bud, 723, ), 600, Larremore. 1095, 143, 1311, 1159, 1197, 659, 815, 785, 1126, 1090, 786, 604, 314, 1097, Manixé CourT—TRiat TERM—Part 1—Held by Judge Alker,—Now 5766, 4682, S244, 3201, 4077. 5957, 7651, }, 6100, 6102, 6103, 6104, 6105, 6106, 6107. Part 2— by, Judge Goepp.—Nos, 9083, 5947, 5948, 5949, 5897, 9038, 5760, 5657, 5886, 5528, 5745, $885, 2987, 5607, 1589, 5852, 7402, 5836, 7435, 7436, 5860, 5712, 4161, 9190, 6902, 5748, 5908, 5862, 6086, 9173, 5820, 5564, 6245, Part 3—Held by Judge Sinnott.—Nos, 7105, 6742, 6058, 5795, 5805, 5819, 5131, 5739, 5996, 6094, 5594, 6061, 6797, 6096, 6098. Count oF G&NERAL | BEssIONS—fart 2—Held by Judge Sutherland.—The People vs. Thomas Burns, robbery; Same vs. William Black, folonious assa:lt and battery; Same vs Thomas Crvstle, felonio eault and battery; Same vs Frank Miller, burglar; Samo vs, Thomas Kenny and Betsey Kelly, burglar: Same vs. John Williams, burglary; Same vs. William Sehroder, burglary; Same vs. Mary Dunleavy, grand larceny; Same vs, George Gordon, yrand larceny; Sumo vs Jobn Kotbers, grand larceny; Same vs. Mary Jane Jenkins, grand larceny; Same vs. Nellie Osborn, Euward McLean and Frapk Brown, grand lar- ceny; Same vs, James Barry, grand larceny ; Same vs. Wilham Huglo and James O'Neil, grand larceny ; Same vs, Jobn H. Wicklin, receiving stolen goods; Same vs. Oscar Flock, four cases, petit larceny; Same vs. David Moony, Patrick Bradley and John Smith, petit larceny ; Same vs. John Smith, violation of lottery laws; Same vs. David King, violation of Jottory luws, Part 1— Held by Recorder Hackett, —James Sutton, perjury. JOY IN THE PENITENTIARY. James Joy, the boarding house Impostor, whose ar- rest was published in the Hrxanb about three weeks ago, was arraigned in the Kings County Court of Ses- sions yesterday upon several indictments cbarging him with grand larceny. He pleaded guity, but ro- fused to answer Judge Moore when asked as to whether he had ever been in prison before, Tho prisoner was sentenced to the Penitentiary for eight years, WHO DILD FIRST? The Supreme Court, General Torm, sitting in Kings county, yesterday rendered a decision aflirming the order of Surrogate Veeder revoking tho letters of ad- ministration previously issued to Ubarles W. Rogers as administrator of Rebecca L. Rogers, who was lost in the steamer Waco, The story of the loss of the Waco and the particuiars of this case have already ap- ed in. the Henaup. Mrs, Rogers’ husband was in the same vesscl, and tho settlement of the mat- ter resis on the question of which of them died first, KING’S COUNTY SUPREME COURT. Justice Pratt has rendered the following decision: C. Stillwell vs. J. Carpenter.—kxtra allowance of $200 granted. W.S. Watiaco vs. W. J. Groo,—Case sottled. A. Sharot ot al, vs, The Boara of Supervisors of Rich- mond Gounty.—Report confirmed. J. M. Woods vs, %. Pangborne.—It seems to mo that the defendant has been guilty of inexcusable Jachos, and that to grant the motion will cause the plaintiff delay and exponso ; motion must be dented, with $10 costs, William Cafirey vs. A. H. Stevens.—Demurrer sustained, with leave to plaintiff to amend on payment of costs, A. S. Wheeler ys. J. Borry e%al.—Motion to refer denied without costs, ‘t. De Pew Tallman vs. P. Voorhis,— Demurrer sustained, with leave to plaintiff to amend on payment of one bill of costs, BROOKLYN BURGLARIES. Eugene McCombe, the messenger boy, residing at No, 192 Johnson strect, who was arrested on Sunday last on sugpicion of being one of the fivo burglars who endeavored to eflect an entrance, on Friday night last, into the dry goods store of S. H. Colby, No. 141 Sands street, was arraigned betore Justice Walsh yesterd: The accused was cominitted for examination on the 14th inst. A sneak thief entered the residence of Mrs, Stevenson, No, 663 Madison street, on Sunday evening last, while the family were at church, and mide his es- cape with $75 worth of property. The fancy goods store of Mra. Kessner No. 175 Fulton street, was en- tered by burglars atan early hour yesterday morning and robbed of $300 worth of goods, COURT OF APPEALS. Auwaxy, Feb, 12, 1877, No. 155, Johnson vs Morgun.—Argumont resumed and concluded. . No. 147. Odell va, Montrass,—Argued by Thomas B. Odell for appellant, Jobn A. Mapes lor respondent. No, 134, Marstoh vs, Gould. —Argued by Tuomas G, Shearman for appellant, W. W. McFarland for respon- dent. Proclamation made and Court adjourned. Day. calendar for Tuesday, February 13, 1877:—Nos, 140, 174, 84%, 127, 178, 1873, 192, 193. A TEXAN MURDERER AT LARGE. Acommunication was received by the Chief of Po- lice in Brooklyn, yesterday, asking for the appre- hension of a young man about twenty years of age, five fect nine inches in holght, ot dark complexion, pug nose, wide at tho base aad of Jewish appearance, The communication was from Chief of Police Thomas, of Joflerson, Toxas, and stated tnat the young man answering the above description arrived at Jefferson on the 19th of January last in company with a woman about twenty years of age, with fair complexion, blue eyes and dark aubara hair, and at the hotel had A. Monroe and lady, Cincinnati,” and stated to those with whom they were brought in contact that they had come there with the intention of engaging.in tho millinery business, The woman in speaking to her companion addressed bim as *Lebman.’? ‘two days alter their arrival tho man took his departure alone, checking bis trank for Little Rook, Ark. Shortly after his departure his femaio companion was found horribly murdered 17, the room which they had occupied. Her skull was. Deaten in, and she presented a most ghastly appeur- ‘isobo, The sum offered for the murderer’s capture is 3,000, STREET CAR POLITENESS, New York, Feb, 11, 1877. To tux Evitor or tHe Heranp:— Thave just readin your valuable paper the com- plaints made by“Lex” and “A. $.’” about the impo- lite behavior of gentlemen toward ladies in public con- veyances. They both complain that ladies are obliged to stand while the sents are occupiod by the opposite sex. This apparent rough behavior certainly calls tho attention of foreigners, but only of foreigners who just arrive in the city, for these same foreigners will’ not give their seats 4o any lady, whoever she may be, after they have been residing 1n this city for some years; and American men “who,” lam sure, ‘are not dete- riorating,”? behave in the same way. The reason of this is very readily understood. American ladies, with very few exceptions, think that they have a right to seats oecupied by the other sex, and generally they do not even thank the gentleman who 1s kind enough to give them his place, 1 bave read somo time ago ip an evening paper of this city (I do not remomber whathor the Zelegram or the Express) “that a man dressed in female clothes had his sex discovered because he thanked a gentioman who offered him a seat,’’ Let the American ladies tako into consideration that for a man who bas been working dawn town during the whole day, and who in the afternoon offers her his seat when ho 1s tired, and she porhaps only retarns from a visit to a triend, it 18 a real sacrifice, and that sho bas at least the duty to thank him for it. Respectfully, yours, BE. FE. LENON, SEATS FOR INDUSTRY AND OLD AGE, New York, Feb, 11, 1877. In answer to your correspondent signing himself “Lex” I would say that-our American mon are not de- teriorating nor are they piggish in their treatment of ‘Indies.” I have travolied considerably, and in my experience I have found that in nocountry are the ladio# treated with more respect than they are in the United States; but because the American men don’t feel in- clined to resign their seats ip a railroad car is the fault of the women, Ten or fifteen yoars ago you could hardly ever find a woman standing up in the car, Whenover a female would enter you eould see severay men Jump up, ready to give up thoir scat, no matter how tired they were from their day’s labor, A woman in those days expected it, Now, ‘Lex’ might ask, Why don’t thoy do it now? I will tell him, In tno first place, not one Woman out ol ten would thank a man lor giving up his seat for her, hardly deign to look at him. She accepted it, as a matter of course, Again, Lhavo seen women watting within a block of the depot sooner than go to the depot and secure a seat They would wuit on the neat corner, and, as a matter of course, expect a man to resign his seat for her, Again, L have seen, not once, but many a time, Bix or seven women only occupying one side of am cat; of, more properly speaking, about twelve’ or ' fourteen women taking up ail the room in the car, but not one of t would as much 98 move an inch to*make room for u man upon entering. Insteud of terming our American ten pig. gish, L think that term more properly belongs to tho Women. Look at our joreign women. Why a German or a Freneh lady would overwheln you with thanks for a kindn Our American women aro too. deli cate, and it's all owing to the men being too tender with them. ‘ Lex’? says ne saw two ‘ladies’ stand- ing up in the car Who Were unaccustomed to the posi- | tron they occupied, Now, I wouder tf “Lex”? would have said or thought anything about our men being “pix. gish” had they been a couple of poorly ciad, hard uirks, or & couple of old hard working ; or did he ever see one of such ** ladies’? get up and ofler a goat to an old, tottering man or a yor old woman, ko fine birds; and you cun often see a ** gentieman’’ give a“ Indy’? a seat on account of her silks, when he would not notice a poor, hard working, gray headed woman, I may ve Piggish because I don’t get up to give my seat toa *+Jady’” because she is dressed in silks, but L belong to that class of American men who save their seats for 1877.—TRIPLE SHEET, . — MARRIAGES AND DEATHS. MARRIED. Wanp—Pariurs.—By the Rev. Father Pratt, of St ’ church, Auygeo Wanp to Estaen Painure both of this city. ENGAGED Horx—Browx,—Miss Juxxix Brows to Dr, ALUERT E. Hor, both of this city, No cards, DIED. - P., son of H, & and C, Bolnay, in Cargo... —Februnry 11, 1877, Daxim. B. Carro! eldest son of Bernard and Catharino Carroll, in the year of his age. Relatives and friends of the family are respectfully invited to attend the funeral, trom the residence of his paconias 16 East 63d st., on Tuesday, February 13, at two P. Copy,—At his lato residence, No. 144 Nelson su Brooklyn, Wit1am Copy, aged 38 years, 9 months an 11 days, a native of the county Tipperary, Ireland. The relativos and friends of the family aro respect. fully invited to attead his funeral, at half-past ten o'clock, on ral the Bet February 14, from St. Mary’s chureh (Star of the Sea). Dawsox.—At Danyillo, Putnam county, Saturday, February 10, 1877, Mary Dawson, aged 62 years. Funeral {rom the residence of her son, John F, Daw- son, oo Tuesday, February 13, at one o’ciock P. M, Carriages in wailing at Browster’s station on arrival of 8:30 train from Grand Central depot.and Harlem. Fitends invited to attend, DwALING.—On Sunday, Ith inst., Wittiam Deatine, aged 71 yours and 9 months. The funeral services will be beld at his late residence, 817 West 42d st,, on Wednesday, 14th inst.. at one P, M, DottiveR.—On Sunday, February 11, Cuana E., wife ot A, H. Dolliver, daughter of the lat N. and A. Fy Crocker, Funeral from Universalist church, corner Bloecker and Downing, Weduesday at one o’clock. Dowtnr.-—Suddeoly, of heart disease, on the 29th ult., near San Bernardino, Cal., Jounx Dowxny, aged ubout 75 years, His funeral will take place from the First Baptist church, corner Nassau aud Liberty strects, Brooklyn, on Wednesday, 14th ist, at two o'clock P, M. THis friends, imcluding members of tho various societies aud institutions with which be was connected, are cor- dially invited to attend. His remains will be taken to Boston and interred in Mount Auburn Cemetery. *Duxtar.—On Sunday, February 11, 1877, Joux J Duar, aged 68 years, 11 months, 25 days. Relatives and friends of the family are respectfully invited to attend the funeral, from the residence of his daughter, Mrs, ©. K. Spaulding, Broadway, East New York, on Wednesday, February 14, at one o'clock P.M. Finxix,—On Monday, february 12, Janz, beloved wile of Patrick Finuin, yd 52 years. Funeral to take place Inesday, 14th inst., at two o’cluck, from her late residence, West 64th st., be- tween Sth and 9th ava, Gnrocax. —On ae 12th Inst,, at the residence of his son, Stephen, 663 Van Buren st., Brooklyn, Jonn Gnogas, Sr., aged 103 years, native of Kilrush, county Clare, Ireland. Funeral services at the Church of St. John the Baptist, Willoughby and Lewis avs..on Wodnesday, 4th inet., at baif-past ten o’clock A. M. Relatives and friends are invited to attend, bs Hacar.—In Brooklyn, on Hagar. Relatives and friends aro invited to attend the funeral, from bis lato residence, No. 372 Washington av.,on Wednesday afternoon, February 14, at four o'clock, Hanxinc.—Oa Monday morning, February 12, 1877, Mary A. Simpson, the wife of John Hanning. Her relatives and friends of the family:are invited to attend her tunéral, from her late residence, 311 East 2ud et., on Wednesday at one o'clock, Interment at Woodlawn Cemetery. HawK.—On Friday, 9th inst, Amaxna C, wife of Samuel Hawk. Tho funeral service will be held at her late resi- douce, No. 5 Kast 48th st, on Tuesday, 13th inst, at two P. M. Hu.—Suddenly, on Saturday, February 10, James Hint, aged 40 years, ‘The tuneral will take place from No. 42 Stuyvesant at., this ( enday) morning at halt past ten o'clock. TinsudXs.—Mrs Faxxte Hinsutax, on Monday morning, ut six o’clock, at the residence of her daugh- ter, Mrs’ N, Gross, 366 West 324 i Funeral Wednesday morning at ten o'clock, No, 366 West 32d st, Friends and felatives are invited to at- tend without further notice. Hosuy,—On Thurdday, the 8th inst., in the 81st year of her age, Mania M. Hospy, daughter of the late Dr Henry Mott, Her relatives and friends are invited to attend the funeral, from her late residence, No. 23 West 34th st., on Tuesday next, ‘ho 13th inst., at ten o’clock A. BML, without further invitation, HoraN.—On Sunday, 11th, Sanau Horax, aged 48 years, native of Nowtown, parish ot Brismeath, Kings county, Ireland. Friends of t tend the tuneral, from t February 12, Tuomas 8. ’ family are respectiully invited to at- Church of the Immaculate Conception, 14th st, and av. A, at ten o'clock sharp. Jacksox,—On Sunday morning, February 11, Daxigu Jackson, 10 the 83d year of his age. Rolatives and friends of the family, also members ot tho Corn Exchange, are respectfully invited to the funeral service, rom the house of nis son- Richard B. Teller, West Morrisania, opposite station, on Tucsday, 13th tost., at hall-past fouro’slock P.M. ‘Train leaves Harlem depot, 42d st., at 4:05 P. M. for Melrose station. Juper.—On February 12, Witttam Jona, in the 35th year of bis Funeral me. ill take place on Tuesday, at one v’clock, from hi residence, 238 Kast 30th st, Marxs.—On December 17, at the Cape of Good Hope, Aston Davip Marks, aged 19 years, son of the Rev. Protessor Marks, of London, England. Mooux,—On Monday morning, the 12th Inst, after ® lingering illness, borne with Christian tortitade, Saran Euizanetn Moors, wile ot Lewis Moore, age 34. Relatives and iriends aro respecttully invited to at- tend her funeral, irom her late residence, on 3d ay., corner 9th st., on Wednesday at ono P, M. ‘McCrackax.— February 11, of diphtheria, Ricnanp P. McCrackas, in the 25th year of his age. Relatives and friands of the family, also members of Irving Lodge, No. 744 I. O. of G. T., are respectiully tn- vited to attend the funeral, at the sirst Presbyterian } chureb, corner of South 4th and 6th sts., on Wodnes day, the 14th inat., at_halt-past ten o'clock. Tho re. matus to be taken to Rye, Westchester county. Mcineany.—On Febraary 12, Fraxots, youngest son of William and Mary McInerny, in the 3d year of his age. Relatives ond friends of the family are respoctfully invited to attend the funeral, from the residence of bis parents, No. 614 East 16th 6t., on Tuesday, at two McManox.—On Monday, the 12th inst., Mra, Jaw MoManos, aged 60. ‘ ‘The relatives and friends of the family are respoct- fully invited tv attend the funeral, on Wednesday, the 14th inst., at ten o’clock, from hor late residence, 320 Bast 20th st, RNT.—MICHABL NvGENT, parish of Modeligo, county Waterford, Ireland, aged 29 years, The fuoeral will take place trom his late residence, 200 Madison at., on Wednesday, the 14th tust., at two o'clock. Relatives and friends of tho family are ro- quested to attend. O'Manoxy.—Colonel Joux O’Manory fs dead, His body will bo laid out at the Armory of the Sixty-ninth regiment, corner of Essex and Grand street, until Tucsdav. ‘To-day, at nino o’cloek, there will be a requiem ‘mass at St. Francis Xavier's church, 16th st. and 5th ay. The body is to bo sent to ireland, on the steamer Dakota, of tho Williams & Guion line, sailing rom pier 46 at turee o'clock. Military organizations will com- n e with Colonel James Cavanagh, and civic so- ceties and friends of O'Mahony abd ot Ireland will communicate with the Couneil of the Fenian Brother. nood, ut the Armory. All Irish socictics are invited to participate, HEAD CENIRE FENIAN BROTHERHOOD. The societies and military companies who havo offered te participate are to report to Colonel Cavanagh atthe armory, three o’clock, Monday. The Colonel had to decline going to Ireland ag one of the delegation in conscquence of Tegimental business. Lt 18 expected Dr. Mulcahy, Captain Mitchel, Colonel Downing, John Barry, George Stuith and some others will go, The members of the F. B, are'roquested to meot at 206 3d av., this (Tuesday) morning, at nine o’clock, and mareh to 23d st., to tako their position In the line of march at tho funeral obsequies of Colonel John O’ Mahoney, GéO. SMITH, Marshal, JOSEPH FOGARTY, BRIEN MAHONEY, JOS, O'CON: CHRIS. COLLIN: PAT. WALSH, The members of the Emerald Ciub will report at their rooma this day (Tuesday) at ten A. M., to attond the funeral ot the late Colonel John O'Mahoney. By order of the President, ONATIVIA.—On the 10th inst., Gronaraxa J., widow ot the lato Jose V. Onativia, in the 48th year of her age. Tho faneral service will take placo on Tuesday morn- ing, the 13th inst., at ball-past nine o'clock, at St George's church, Stuyvesant square. Relatives and frionds aro respecttully invited to attend. Ronixsox,—Suddenly, of heart disease, on Sunday morning, Lith inst, GkorGe Francis Romixsox, aged 54 years. Funeral services at his lato residence, 71 North 3d st, Williamsbarg, on Tuesday, eleven o’ciock A. M. The poeere will be taken to Westchester for inter- ment. } Roorrs,—At Summerville, 8, C., on ll 8 Febra- ary 9, Hetes Ave , second daughtor of Benjamin T. ‘and Jane W. Rogers. Relatives and triends of whe family are respectfally invited to attend tho funeral services from st, Peter's Church, West 20th st, on Tuesday, 13th inst, at eleven o'clock A. M. Resse. --On Sunday morning, February 11, in tho bth year of her age, Hines, the youngest and last re- maining child of Charles P, Russel, M.D, She was baried in Woodlawn Cemetory. Stacom.—On Sunday, the 11th inst, Svsax Stacom, widow of the late William, in the 29th year of bor age. The relatives and {friends of the family are respect- Aide, fully invited to attend the funeral, from the residence of her mot! No. 2 Attorney. sty on Tuosday, Febru- ary 13, at on k P.M. Saxnon ter of Dr. . Funeral Wednesday, at one o'clock, at 614; West Sau st. SKELLY.—At his late residence, 205 6th av., Brook- Jyn, THOMAS SKELLY, 1 the 59th year of his age. Relatives and iriends of the family are rospectfally invited to attend his funeral, at halt-past nine o'clock, on Thursday morning, February 15, from St. Augus- church, corner ol Sth av. and Bergen st, TRVANT,—On Monday, Fovruary 12, Inst., of FINANCIAL AND COMMERCIAL, The Market Active and Feverish. GOLD 105 5-8 A 105 1- Further Decline in New Jersey Centra} and New York Central. Delaware and Hudson, Lake Shore and Western Union Lower, GOVERNMENT SECURITIES STEADY. Railroad Bonds Dull—Money on Call Easy at 81-2 and 21-2, er WALL STREET, Monpay, Feb. 12-6 v. M. The market to-day was as lively as an opéra bouffe, and as changeable in its features variety show, plenty of ground and lofty tumbling, but positively lacking anything in the way of an aerial ascension, Longfellow’s imprudent young man with the banner would have found nothing in his lino of business, and Sergeant Bates would have been forced to carry his flag at half mast, For the course ot prices was down- ward, depression overshadowed tho market and bulls stood as disconsolate as Mooro’s Peri at the gate of heaven. And all this ig to bo laid to the coal stock. The pos- sible reach of their prices seems to be as bottomless as their own pit and thelr fall as trrosistibie as that of Loueifer. ‘The decline of New Jersey Central to 17% on Sature day was appalling in view of the fact that one year ago it was considered a superb investment at par, but to-day it was obliged to submit to anothor turn of the screws which squeezed it down to 153% for a final quotation. It appears at least that the drowning com- papy has given up its futile effort of catching at the straws which, in the shape of $3,000,000 loan, have floated nearly within its reach, and have accepted the inevitable fate of bankrupt corporations. It has become an asphyxiated ‘stiff,’ and will be handed over to the inquest ot that financial coronor usually termed @ ro- coiver. £&x-Chancellor Williamson, of Now Jorsey, will sit on the body, and theresult of the séance will appear in good time inthe market value of the stock. But the New Jersey Central has not been alono in ite dissolution, for the Lehign and Wilkesbarre corpora. tion is reported to have departed its inancial lite al, most at the same moment, and its remains pass inte the keeping of Messrs. E. W. Clark, ex-Chancellor Will. jamson and Mr. Tillinghast as receivers, ‘The above information did not reach the street until nearly the close of business, but the apprehension of such a result was plainly visibly in the prices made for Delaware and Hudson and Dolaware and Lackawanna carly in theday. In the first named the price fell from 523{ to 4934 without reaction, the decline being helped by tree offerings of investment stock, while the’ latior held its own with considerable firmness under equally {reo orders to buy on the part of the Osborn party, Western Union and Lake Shore, tainted by the info. tion which spread from.tho pest-stricken coal stock, languished and drooped in unison, tho latter being ad. ditionally affected by tho weight of shares thrown upon the market by Mr. Sago, the samo baving been un- pleasantly acquired by bim through the mediam of “puts” at higher prices. Some 20,000 shares aro sald to havo been received by him on Saturuay through sai eminently safe process of stock gambling. ‘The attack on Burlington and Quincy, rather faintly pressed, scems to make but little headway. The bears getting word of the fact that somo 13,000 shares, be- longing to the ostate of a deceased prominent director, were to be offered for sale deemed the opportunity a propitious one to make a raid upon the property. So far they have met with indifferent success, for one-half of the investment has already been marketed, and buyers stand ready to take the remainder at raling prices. To a greater or less degree the prevailing depression affected the rest of the market, but not to so great az extent as tu call for special mention. ‘THR SALES TO-DAY. ‘The sales of active stocks to-day agzrzgated 178,000, shares, which were distributed as follows: —New York Central and Hudson, 5,570; Erie, 2,200; Lake Shore, 33,760; Cleveland ana Pittsburg, 120; Northwestern, 2,060; do. preferred, 1,800; Rock Island, 3,430; Pa- cific Mail, 2,160; St. Paul, 900; do. preferred, 3,100; Ohios, 100; Western Union, 40,620; Union Pa- cific, 630; ©, C. and I. C., 100; Delaware, Lackawanna and Western, 39,350; New Jersey Central, 25,830; Michigan Central, 6,500; Illinois Central, 700; Dela- ware and Hudson Canal, 11,434, OPENING, HIGHEST AND LOWEST PRICES. The following table shows the opening, highest and lowest prices of the da: Opening, Highest, Lowest, New York Contral... re yy 99% 83g 51 80% 60), 100 Milwaukee and St Paul. 18% Mil. and St. Paul pre! 485 Del., Lack. and We: 61% New Jersey Central. , 1g G., ©. and 1. C, 2h, Western Union 60% Pacific Mati. . 24% ADVANCE AND DECLINE, The following are tho closing prices of activo stocks as compared with those of Saturday :— - Advance—Atlantic and Pacific Telegraph, 34; Michi- gan Central, Decline—New York Central, 114; Burlington and Quincy, 1%; G,C., 6. and I, 344; Delaware, Lack. awanna and Wester, ; Delaware and Hudson Canal, ; Hanuibal and St. Joseph, 14; Harlem, ‘ontral, 4; Lake Shore, 24; Morris and 4 Essex, 1; Now Jersey Central, 2 pore he H do, preferred, 2; Onio and Mississippi, 34; Pacita Mail, 1%; Rock Island; 3; St. Paal, Hye do. fe ferred, 34; Union Pacific, ; Western Union, 3 Wolls,’ Fargo & Co,, 1; gold, 3 ‘LOSING PRICKS—3 P.M, Me Lea M He se toot Mar L & 3 Jo pi 25 ‘Adums Kxp. LS & M So, American xp. Mich Contrai.: 44% 45! NY &#ilarlem.140 — 14v) NYC&HR.100, 100 NJ Central... 154 isi Obio &Mi 6 [on meg ag 1%5 nion Pacific, 86: ry Illinois Gen. Bi oa <18% 18% Dol & Hm 40" 49% ul pl 48% ANZ 5 ‘THR MONBY MARKET. Money was casy at froin 354 to 24 por cont on call, and closed very easy at 24214 per centon call, The following were the rates of exchange on New York at tho undermentioned cities to-day :—Savannah, buying par, selling 3-16 premium; Charleston scarce, buying par a 1-16 promium and selling ‘4 premium; St. Louis, 25 premium; Cineinnati firm, buying par, selling 1-10 premium; Now Orleans, commercial 4 a 3-16, bank ‘jy and Chicago, 60 premiuin. ‘THM GOLD MARKET, Gold opened at 1055;, rose to 905%, and later de- clined to 10614, at which closing sales were effected. The carrying rates wero 3), 234, 3, 4, 444, 5 and finally 4 per cent. Clearings of the National Bank of the State of Now York :— Gold balances. Currency balance Gold clourod...... $1,330,000 1,466,530 21,619,000 BAR SILVER. Bar silver, $1231, a $123% per ounce; London, 674, per oun GOVERNMENT BONDS, Government stocks werd a little easter, Sixes of 1881 wre down to 113 for registered and 115% for cou- Pon issues; five-twenties of 1866, old issae, sold at 108%, a 1084¢, and coupon five-twontics of 1868 at 116), with offerings at 116, Tho new fives, registered issue, fell to 110%. The now 4% per conts fetened industry end old ago, Iam disgusted with your Steal giek lad! heart disease, Lwey A., younges} daughter of David |. and Catherine Sturtevant, deceased, * Novice of tunerai to-morrow, 107}4. They closea steady at tho following quo tationg:—United States currency sixes, 123); @ 123%; do, do, 1881, registered, 112% a 118g { ; ; Sp Reena