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

THE COURTS. Tho Trusteeship of the Mobile and Ohio Railroad Company. UMPORTANT DECISION BY JUDGE BRUCE. Cleaning out the Augean Stabe of Whiskey Crookedness. A WIDOW’S ESCORT. _—_—_— The recent decision of Judge Bruce, of the United States Circuit Court, sitting in the Southern District Of Alabama, in relation to the Mobile and Obio trustee- ship, already briefly referred to im the telegraphic news of the Hzraxp, seems to lave excited in financial circles x dégree of interest commensurate with its im portance and the large amount of property involved thereby. The property amounts to about 36,000,000, and in ita very large number of security bolders, both in this city and London, are interested, The facts on which the litigation is based may be brietly stated as follows:—Before the war, when the mortgage was made on the Mobile and Ohio Ratiroad to secure the first mortgage bondholders, Mr, Morris Ketchum, of thie city, and John J. Palmer apd W. R, Hallett were named as trustees therein for the bondholders, During the war bis two co-trustees died, but Mr. Ketchum still survives. After the death of bis associates certain proceedings were had in the Confed- erate courts in the State of Alabama whereby Mr, Ketchuim’s place as a trustee purported to be made vacant, and William Butler Duncan and his partner Elnott, of the late firm of Duncan, Shorman & Co., of this city, found themselves put in as trustees, By them a guit was commenced to toreclove the mortgage, and one of them, Mr. Duncan, was appointed receiver, Mr. Ketchum followed with the preseut suit as soon as default im the payment of the com- pany’s coupons authorized hii to do so, and this suit involved tho legality of his removal as trusteo by the Confederate court. The only notice pretended to have been given him of proceedings for his removal was a notice published in a local paper tn the State of Alapama at a time when the two armies obstructed ail communication between the two sections, This notice he claims he never saw, and was not bound by the action of the court founded thereon, The Confederate trustees interposed a demurrer and plea in barto Mr, Ketchum’s complaint claiming that be had due notice, and even if he had not, bis delay in taking action after he bad been advised of the pro- ceedings’at the close of tho War, amounted to un ac- quiescence in what had been done. On these ques- tions itis that Judge Bruce hai ndered his opinion favorable to Mr, Ketchum’s claim us trustee, the most important points in which are given below:—Tue Court holds that before the Alabama tribunal could acquire any right to proceed to a determination of a matier involving the rights and property ef a party must first obtain jurisdiction of the person, Tuis is a fundamental law and 18 equally applicable, whetuer a proceeding be that which is termed in persevam or in rem. Ag to the argument of the railroad defend- ant that the Confederate court had acquired juris- dtction by constructive service under its statutes of publication, this it deems untenable as the object of all stututes of that nature 18 to give parties notice, at least an attempt to give them notice, go that they may appear im bevalf of their interests, With the curtain of war, and the interposition of the respective armies of the government de facto and the government de jure, separating Mr. Ketchum from the | court out of which the notice bad issued, it could not be anything else than futile and utterly incapable of accomplishing the purpose for which 1 was intended. While admitting the competency of the Legislatures of the Stute governments de facto to establish police reg- ulations for'the preservation and maintenance of order and the right of its courts to entertain and decide d pates between its resident citizens, it holds that when, these rebellious States and the judiczal tribunals which ackutwiedg:~i their aushority look any action directly hostua !ais nature to the lawful government of the land, w inako any disposition of the rights or property of absent citizens of the United Siates, then it went Veyond any jurisdiction conceded’ to it, and fis action ‘was not voidable, but utterly null and void. Mr. Ketchum Was a loyal citizen of the United States, and as such did not and could not pay any attention to the order of publication of the Confederate court, even if it bad been vrougnt to his notice, The decree divesting iin of bis title of trus- tee recites that it was entered pro confesso, und the necessary implication of a recital of this nature is that the Court proceeds to « determination on the supposi- Non of the notification of the party defendant. ‘Then the prerequisite to juristiction is notice, and under? the circumstances, us 1t was absolutely impossible to give Mr, Ketchum any effective notice, the Court never acquired any jurisdiction, The Court goes on to say :— “It is ikewise claimed that this decree bas been rati- fied and validated by the action of the State conven- tions of the State of Alabama, held after the war, to restore the State to its proper relations to the Union, and that this deed of trust was made with reference io twe Jaws of Alabama, and is to be governed by ihose jaws alone, if 1 am right in my conclusion that this decree was votd as to the rights of Ketchum, as trustee in this trust, it follows that it couid not acquire validity trom such acts, as it was in- capable of legal lite; but this scheme ol raising money ‘on bonds secured by deed of trust on property of the ratiroad company located (im part) in Alabaru, with its principal place of business in the city of Mobile, looked for its execution und accomplishment beyond the limits of the State of Alabama, 11 was not expecied to raise $6,000,000 in this State; and the torm of bonds and coupons, as nogotiable securities payable to bearer, for so many pounds sterling at the banking house of George Peabody & Company, London, shows the purpose to have been to reach money centres of the world. When the bonds were sold the purchasers acquired an interest 1p this security, and the transac- tions became a contract between the parties, ‘the bondhoiders have never been parties, either directly or through = Mr. Ketehuw, to any judicial proceeding for, or giv consent vo, the removal of, Ketchum as trustee, To remove the trustee and substitute another in his piace in any other way than by a jurisdicuonal decree, was tO change aud impair the obligation of the con- tract. This the Stute of Alabaina, neither by its cone st‘tutional conventions nor by its Legisiatures, had avy power todo, Hence it could not ratity and make Valid that whica was beyond its power to do in the first | instanc, * * * If f am correct in my conclusion that this decree was void ag to him, then be was under no obligation to pay uny regard to it, The efect ot application on bis part, afver the war, to open the ae. cree or tke an appeal—tine for which was amply ex- tended by the law-making power of the Statem1t is not important to discuss; for the fact is, he did not make any such application. The doctrine of estoppel ts algo evoked as to the complaingnt, He admits tuat he acquired knowledge of the proceedings and decree in the Siato Chancery, at Mobile, in the year 1865, alter the close of the war. It is claimed that trom that time to the time of filing this bill (1876) be has taken no steps to asgert Lis right as trustee, aud bas thereby acquiesced in what bas been done, and is estopped from asserting any right as trustee in the deed of (rust, 1tis to be observed that by the terms Of the decd of trust, afier specifying the duties of the trustees as to the lands covered by the deed, It goes on to say :—"Ay to otber ems of assets, of real estate of income of suid company, the to remain ip the possession of under the control of (he said company, except the sau company become in default tor we paymentof said bonds or interest or any portion thereol. In such case the said party of the second part is hereby vested with full authority to take pos session and control of ailund singular the entire estate,” &c., &c. And again :— 4 party of the second part shall not claim to take possession and control, unless said company remains in a bonds or interest for the spac being due ana payable." three months after ult in the payment , wo that up to that able. of interest vecurred in Ma time, by the terms of tt ‘was entitied to the possession aud erty, except the jands; and the devauit, no sales could be auvice and consent of the com nade them, “untii Thie suit was brought In M 576, so that as to the property, other than tho junds, Ketchum's duties arose, 1p fact, only a few months prior to the bringing of this suit. * * * Tins is not a plea ot tne Btatate of limiations. It ix acquiescence since Fear 1865, Aequiescence implies sometuing tw uiesced in, wud the plea is that caning the decree Movil ‘ , Si ap: puimied, and who trot » did bold and execnte the duties of said ot or, in iu of and Bead vf Said Ketetur, Buti the time when the co- deiendauts of this cou Wiliam Butler Dunewn and Andrew ‘© Sppomied such trustees? Mauiivstly, We ee was the basis and suntce of the alleged rights of the present trastees; pot apy wets of admissions of Ketebun, for b ‘hivityg im the Stace of New York, and wiit portunity oF right of ; with the Sho most that could that the silence e confidence of the aim may have trustecs im their position, but ‘hat mere such circumstances could operate to dive tuiay mind, untenable. The result of ¥ that the pica in bar aud demurrer is overruied, effect of this decision, 4s Ketchum, is not ouly to defeat the tile of Duncan Elliott, unuer whieli they have beretolore held po sion of the property, but that it also operates to al the foreclosure suit brought by them uch trustees Un the side of bis opponents ibys clatu ¢ i# still Wit to them the recourse to ile an onswer his jaint, However this muy be, many o! the security oifers are disposed Lo regard this decision as rescning the property from much future centusion. Tue next proceeding in the litigation tea motion On ths side of Mr. Koienum for the appomtment of ® re of the operty, wb to bo heard early during the coming snd. Lins motion, 1 is understood, 1° 10 Le bisod . Pivmcigaily on the insoiveucy of Use present trosices, o! Ketel silence st the Tho med ou the part ot Mer of payment’ of wnid | : rajiroad company | uirol of the prop. | without the | and that their sympathies are in conflict with the in- terests of the bondholders, THE CROOKED WHISKEY TRIAL. The phase which the “crookea” whiskey cases as- sumed yesterday in the United States Circuit Court bids fair to eventuate in the dofeat of the pro- secution and the triumph of the so called con- spirators or Whiskey King, Yesterday the Cirewt Court room was crowded by parties all seem- ingly deeply interested and evidently anticrpating some developments, if not trom whiskey crookedness at least from the crookedness of the testimony, that the examination of the witnesses might develop, Judge Blatchford took bis geat at the usual hour, The detendants, Francis 0, Boyd and Edgur P. Hill were present with their counsel, General Benjamin F. ‘Tracy and Genoral Burnett, and several associate coun- se. Mr. Roger B. ¢Sherman sat alone at his table, The first witness was William 8, Golsen, mr jed. In continuation of his previous testimony, begun on Friday last, he testified that bis rectltying house was on River stréet, in the city of Chicago; When spouts carriea from the distilleries they were emptied into receiving tubs kept in the basement jor that purpose, and then pamped from them into the re- ceiver of the still; be received spouts, *‘crooked’? and “straight” from several distilleries—perbaps nine dis- tilleries in all; he could not state distinctly as to the receipt of any “erooked” whiskey from Messero’s dis- ullery. dtr. rman for a long time endeavored to straighten out the witness’ memory ju relation to the acts charged tn the indictment against the defendants, but failed to score a point, Counsel then asked tbe witness—Did you sce any of these dotendants siuce the adjournment of the Court, Friday alternoon? The witness replied that he had; he went to their office Saturday alternoon and tnere saw Mr. Boyd; he was there about ball or three- quarters of an hour, or it might be an hour; he went there of his own volition, not by invitation, but simply on business, General Tracy, defevdant’s counsel, in a subsequent address to the Court, reterred to th it ot the wit. ness Wo his client's place of busines! plaining tt by Saying he wens there because ho had facilities for writing letters and holding correspondence with his triends Ir, Sherman to witness—Did you talk with Mr, Boyd, the defendant, about this case? Witness (indiguantly)—No, sir; Tdid not talk with him avout this case. Witness continued stating that he did not keep a record of the “crooked” whiskey ur- riving at his piace; he paid for the “straight” the jar Chicago market price, and for the ‘crooked’? sn cents per gallon under the market price; he re- ved “crooked”? whiskey trom Messero's about twice vek upto the tine of the seizure in Chicago; be ved **crooked”’ spirits trom Messrs. G. G. Ruasell, | vowell, Cooper, Fuller, Jonathan Abraham and George Miller; he never emptied any of Messero’s “crooked? into the tubs, but disposed of it to vinegar manufacturers. Witness testified that his dealings with the deftondants was on the basis of one and a hait per cent commission on the value of the whiskey sold to thew. Mr. Sherman then handed witness a number of let- | tars and asked him it he bad ever sven them belore, to which witness replied that be had received them from Boyd & Co, The letters covered a correspond. ree ‘General Tracy objected to the introduction of these letters in evidence &s there was uothing material in | them; they were only, be said, accounts of sales and had no boaring on the charge of conspiracy. Judge Blatchiord overuled the objection, admitting | the leivers in evidence, which were then read by Mr. Sherman. In one of the letters occurred the expres: sion, “We have this day received fifty barrels marked | Candgold the same atninety percent proof gallon,” in another was the lollowing:—‘'lt 18 sometines bard to sell these lots without making some sacrifice ;”” another | Jeter set forth, ‘We have 100 barreis of C on | dock, Next ship ouly B and no C.’’ In another letter appears tho passage, “We sold this thé best we could under tbe circumstances,” In a sort of winding | up letter from Boyd & Co,, the defendants, to witness, Golson, the following passage occurs, ‘The fact of our. handing your goods as we did, we are nota htile surprised that you should go back ou us:”? ‘Arguinent was then had on the wotion by Mr. Shor- man to amend the bill of particulars. He coutended that when Judge Benedict yravted the application for the bili of purticulars be lacked one very essential piece of information to enable him to muke | it «with justice to the goyernment—the -cbar- acter of the witnesses aud the character | of their proof and an appreciation of the known to the Grand Jury; that they, from all the evi. | dence given, could cying to no conclusion as to the ctnal spirits removed and the distilleries from which | it was removed, ‘The government here has been at the mercy of witnesses essentially unreliable and not to be trasted. If the Court would admit the amendment to he bill of particulars he would show that the main charge in the indictment ia truo beyond a question of doubt. Messrs. Tracy and Burnett opposed tne motion for | aménding the vill of paruculars, | Judge Blatchford then reviewed the several counts | in the Indictment and the eflect the motion for an | amendment would have upon the éase as | 1 affected the defendants. In referring to Judge \ Benedicv’s order ip granting a bill of particulars | he did not see that Judge Benedict could have done | otherwise. (ven had ne beard all the witnesses who had testified up to this point in the case, he must deny the motion to amend the bill of particulars. To grant au amendment would be taatamount to aimend- ing the indictment—a thing unknown to the courts, In denying the motion, however, be made no-reler- vo to the indictinent iteelf, "8 enc ‘The court then adjourned till this morning. DRAWING O LAKE MAHOPAC, ‘The trial of the well known suit brought by William Saportas against the city was commenced yesterday before Judge Van Grunt, holding Supreme Court, Cir- cuit, The case is an interesting and important one.. In 1863 the plainti’ purchasea several adjoin- ing farms on the north shore of Lake Mahopac, and at great expense converted them intoa beauutul country seat, In 1870, the year of tho great drovght, the waters of the luke were drawn for the use of U city, und the plaintiff contends thut this action greatly injured him, The main grounds of bis clann ure two: lirst, that the value of bis country seat was depre- ciated $70,000; and second, that in consequence of the | exposure ot the lake bottom to the action of the sun, Tuularial disease was gencrated, from whieh plaintin’s | fumily suflered. No evidence’ was taken yesterday, | but & great number of witnesses have ‘been sent for from Putnam county by both sides, and { a full und exhaustive iwvestigation of the ex- tent to which the acts of the Croton Aque- duct Bureau havo depreciated real estate there may be expected, and the much disputed question solved as to whether or not any sickness Was caused by drawing off the water, For tho plaintiff Messrs. C. A. H. Bart jet and Frank Bartlett appear as counsel, and for tho city Mesors. I’, L, Stetson and HL. Lacombe, CURIOUS COUNTER CLAIM. Mary Fisher lost her husband in May, 1876. Patrick W. Moran makes himself useful at the funeral, and | also in obtaining security for the widow on the grant, | ing of letters of administration on her huasband’s | estate, 80 as to pus his property under her con- | trol Patrick also belped to adorn the husband’s grave with flowers, and afterward escorted the widow to diiferent places of summer resorts. In August follow- ing sbe let him have $520 out of $1,000 she had drawn from the bank. Singe then things have not been so | sutistactory, and she now sues Patrick in the Marino Court to recover back the money. She swears it was | a loan, while Patrick swears tuat it was given to bin | by the widow voluntarily in payment for services rey- gered, Juage+McAdam, who bad previously granted an order of urrest agaiust Patrick for obtuining the by false pretences, heard a motion for his discharge {rom imprisvament. Upon the argument it appeared that Patrick, by way of defence, claims com- pensation for escorting the widow around, and claims that she is persecuting him because he will nov marry ber, This the widow indignantly denies, Patrick has served a bill of particulars of bis counter claim in | which he chargés the widow for tares, dinners, re- | freshments, &c, The following are sume of tho items | of charges | Vor going with her to the cometery and decorating | her bhusban , $10. | For escorting ber to Rockaway on two separate ex- cursions, $10. For escorting her to Yonkers on an excursion, $6. | Hor escorting her to Guttenberg on three separate exoursions, including dinners and refreshments, $8. For escorting ber tu Macomb’s Dam Bridge on two excursions, including refresiments, $6. preain and liquors dartag two months, $40. ns thus run oo until Patrick exhausts the Judge McAdam declined to pass upon the 11D OF counter claita, leaving tat to be wermined by a jury from the couticting evt~ » He discharged the order of arrest, however, t ni evidence of Iraudulent iutent or ot false pretences npou Patrick's part, and (bus the maver i stands until tho trial is ally had. NORTHAMPTON BANK ROBBERY. William Conners, charged with being one of the ton bank robbers, was again brought before Brady In the Court of Oyer and Terminer yos terday, In obedionce writot habeus corpus, ob- tained last Thursday, when application was made by Messrs, Gharles W. Brooke and W. F, Kintzing, bis counsel, to discharge bim trom the warrant of extra. ton dition upon which he ia detained was based upon the ground of wautof ident gulity in the warrant tisell, Juage Braay, alter he | ing the argument, reserved bis decision until yest day, Upon taking his seat upon the bench Judge brady, addresaing the counsel, suid that be bad care: iully examined into the facts and pownts presented and bad come to the conclusion that ther must be produced the aifidavies on file upon which the Governor issued tos Warrant, and anleas | he be might exam weed the i, that he i. Allen and Jonw R, 8 counsel for the bank, asked thatthe jjourned wotil next Thursday, al which time the ailidayits would produ Phe Court £0 or- dered, and the prisoner was remanded, Apprehonding that Connors inight bo disel from the ch preferred against ton Bank robbery, ‘ ¢ Court im that ence from January 1, 1876, until July 14 of the same | | Charies P, Miller, Assi ~ applied be. | , yesterday, for an order of against Conners’ upon a of defrauding Peter Ravenball, of Parkville, L. Lb, of $4,800. Judge Pratt granted order of ari fixu bats ab $ioo0" of arrest, ing the SUMMARY OF LAW CASES. William Blackham has brought a suit against the city to recover $20,000 damages tor injuries sustained by falling on the ice at the northeast corner of Fulton and Cliff streets on the 11th of January, 1876. Judge Robinson yesterday gt an order for the examination of the plaiatiff before trial. Letitia Mitchell, who was married to John Mitchel), of Bath, England, in December, 1856, has brought suit against him for divorce on the ground of adultery. As the husband cannot be found an order was granted yesterday by Judge Davis to serve the summons by publication, A writ do lunatico inquirendo was granted yesterday by Judge Barrett in the case of Deborah A, Westerfeld. The writ was granted on application of Cornehus Westerfield, her husband, who says she has been a lunatic tor the last five years, The report adjudging Ww. 8. Ludiam to be a lunatic was yesterday confirmed by Judge Barrett. Tie formal order was entered yesterday, in accord- ance with the recent de of Judge Barrett, xing the incomes of Charles Alexander Matthews and Mai garet Alexandrina Mattbews, childron of the late laaac M, Singer. The same order also provides for payment of money borrowed for the support of the children and for payment of other indebteduess on their account. The suit of John Olepdorf against Edward .W. Wil- son, better Known as the ‘'Tea suit,’ bas como to an unexpected conciusion, The detendant bi entered Into w stipulation to withdraw his answer aud allow judgment to be entered againgt him, and also to per- mit the appointment ot Mr. Olendorf as receiver to wind up the partnership. Judge Robinson yesterday gave au order in accordance with this stipulatioi Judge Lawrence yosterday enterea the final order upon bis decision given a few days since upon the pe- ution for the removal of Poter J, O’Donohue as re- receiver of the Guardian Savings Inatitution, In his order he directs Mr. O’Donohue to submit an account of his receivership to ex-sudge Bosworth, appointed as refereo to pass upon the accounts, and he jurther di- rects Judgo Bosworth to report the person to be ap- pointed us Mr. O’Donohue’s successor, with tho amount of the bond to be given in the case. As will be seen this is simply carrying out the provision of Judge Lawrence’s recent decision, In the matter of the application for an injuuction by the crediters of Alsberg & Jordan as, bankrupts, and for a dismissal of the proceedings in composition pend- ing, argued before Judge Blatchiord on Saturdy last, | the'application yesterday was demed. Judge Blatcu- Jord at the same time granted an injunction op the part of Alaberg & Jordan against Heonze, Gross & Co., prohibiting thom trom prosecuting any action against them in the State courts, Carton & Eaton for credi- tors; D. Leviniritt for the debtors, ‘The wili of the Rev. Michel Ronay, founder of tho St. Louis College, at Forty-second street, betwee Seventh and Eighth avenues, will be offered for pro- bate this morning in the Surrogate’s Court, Father Ronay, who died, aged about forty-eight years, in Paris, whero he had gone seeking improvement fur his ith, appoints His Eminence Cardinal McCloskey, Vicar General Quin, Rev. faiher Aubriel, pastor of the Church of 3t. Vincent de Paul; Eugene Kelly, Thomas Hi, O'Connor and Henry Arny a8 executors of bis will, his interest in the college which he founded and the property connected with it being the principal part of his possessions, The ural of the suit of Henry H. Boody against David Ogden and others, growing out of an alleged stock pool, was continued before Judge Sedgwick in the Superior Court, Special Term, yesterday. Mr. Boody was again placed on the stand and gave evidence im rebutta’, Alver the testimony of Mr, Boody bad been conclnded Mr, Niles commenced summing up for the defence, Ihe case will probably be submitted to-day, The suit of De Witt Hook against the city was brought to recover the value o¢ building matérials which stood on portions of lots of land taken by the city in extend- ing Church street, Messrs, Jobo Parsons and Hooker Hammersiy appeared for the plaintifl, and t Corporation Counsel, for the city. ’ Abraham H. Dailey, who brought a suit of quo warranto against Walter H. Livingston, some time Since, contesting hig right to the office of Surrogate of Kings county, Was served yesterday morning with the defendant’s answer, In it Mr, Livingston admits that au election was legally beld November 7, 1876, but denies each and every other allegation in the com- | plaint contained, A Verdict of $17,000 bas been obtained in the Brook- lyn City Court against the South Side Railroad Com pany of Long Island by Bernard Stamier, a trackm: | for ihe loss of a leg, the plaintuf baving been rau over by one of the company’s dummies, The General Term has been appealed to ‘by the defendants ou the ground that the duinages are excessive, The plaintiff's coun- sel made a motion yesterday before Judge Neilsou to amend. the order of settlement, the plaintiff being willing to accept $12,000, The motion was granted, An uction for limited divorce has been commenced in the Brooklyn City Court by Mrs. Elizabeth Marr against ber husband Kdward, to whom she was mar- ried tn the year 1870, Mrs. Marr alleges tbat her hus- band, who 1s employed in the Navy Yard in that city, has thrown butcher knives at ner, Yosterday Judge Netison heard a motion for alimony. His decision was reserved. Motion for the appointment of a receiver was made in the Supreme Court, Kings county, yesterday, tor the American Exotic and Botanic Garden Company, of Fiatbush, After considerable argument Juage Pratt adjourned the case for two weeks, expressing the opinion that in the meantimo counsel may reach a satisfactory conclusion. GENERAL SESSIONS—PART Before Recorder Hackett THE SUTTON PRRIURY CASE. The trial of James Sutton, President of the Aldine Pubiishing Company, who is charged with perjury in having, as alleged, sworn falsely to the amount of bis losses by fire at the office ut the company, corner of Maiden lane and Liberty street, was resumed yester- day. Assistant District Attorney Horring, who ap- 1 | peared for the prosecution, examined several wit- hesses, who gave corroborative testimony as to the value of articles said to have been destroyed, Mr. John KR. Fellows, counsel for the prisoner, opened the de- fence, and during bis address relerred to the jaw relating to perjury and submitted that the pris- oner’s innocence of the charge would be clearly shown, ‘Yhe turther bearing of the case will be resumed to-day, GENERAL SESSIONS—PART 2, Refore Judge Sutheriand, SENTENCES, Thomas F, Nash, convicted of grand larceny tn en- deavoring to carry off a quantity ot silverware from the | Lotos Club, was sentenced to one year’s imprisonment in the Penitentiary, Leonard Neyhoff and David Skiff pleaded guilty to a burglary on the premises of B. F. Lieber, of No, 244 West Forty-fourth strect, and they were sentenced to the State Prison each for aterm of two years and 8ix months. Charles Scattergood, aged eighteen, was arraigned, charged with having stolen a canary from ge vase- ment window ol the house No. 107 East Filty-seventh street, was found guilty, and it appearing that he had been punished tor a similar offence on a former occasion he was sent to the Penitentiary for one year, ALLEGED LARCENY OF SHOES, William O’Brien, @ carman, was arraigned on a charge of haying, op the 26th of January Jas two cases of shoes, the property of Hiram Sebvon- maker & Co, The priguner went to pier 36, Kast river, and inquired for goods fur the Baily Ringing Machine Company, which were expected by the Harttord boat, Being iviormed there were none he leit, Fitteen minuies later @ stranger inquired if there were any cases of shoes for Mr, Schoonmaker and being told there were, paid the freight and piaced the goods on a truck, which was recognized as that of the prisoner, Mr. Price, who detended him, produced evidence aa to his good charactef and also showed that he had been sentto the pier in question to ascertain if any goods were there for his employer, Being unable to agree, the jury were discMarged. COURT CALENDARS—THIS DAY. ScrREMK CouKT—ChaMuens—Held by Judge Bar- 08 159, 185, 16, 52, 60, 65, 68, 71, 81, 83, 84, 86, 92, 93, 94, 96, 99, 100,'lul, 102, 115,"110, 119, 157, 164, 177, 187. ; ‘txea—Held 48, 14, 116 67, 62, 86, Yart i—Held by Judge + 1, 1418, M4, 9OL',, 4207, 1657, 1 CLAL. | ty j 2 | Dononue. | 2803, 2849, | 1s4t, 1 y | , B16 ‘ y 41, 282. | a, 3187, 419. - s by Judy Law. 44, 1820, 1644, 110, 1550, 1852, 1082, 1794, 1604, od, 1826, 182414, B46, M44, Part dHeld by Judge Van’ Brunt.—Nos. 187 4 S08 49, 069, IMM, 1801, 1809, 1921, 1915, 109 19, 1539. Count—SreciaL TeeM—Held by Judge ise ob—Doouy vs, Tilden etal, No other Hed this tert. eral Term; Superior Court, Trial ; n Pleas, General erm, Uaiat Teew—Vart 1 on, 1208, , 688, 1108, S74, | Liv,’ Ss. Judge Larremore, 26, 1090, |. Common PiLRas. Van Hoeven. ‘ s7, Daly, —Nos, the tern. 5885, 205 ield ih, covet or HAL 3, rt I—Held by Revorder Hackett.—The People ys. James Sutton perjury (convoued) Part 2—Held by Judge Suther. felonious land.—The Peopie vs, Joseph Coburn, sault aud baitery; Same vs, Mary Aun Kelly, la ny. |, OvKe ax r—Held by Justice Braay.—The People ve. Downetty Ross: and Raphael Sorephino, | mansiaughtor; Sawe vs Warren W. Herrick, iorgery. stolen | by Judxe | HENRY SHIELDS’ WIDOWS. THE CONTEST OVER THE ESTATE OF THE WEALTHY Y¥LOUR MERCHANT—A 3UDICIAL CONSTRUCTION OF THE WILL SOUGHT FOR. The litigation over the property of the late Henry monihe oe 1 Shields bids fair to occupy the attention of the courts for some time tocome. The testator, Henry Shields, who died March 15, 1874, possessed of a large amount of property, estimated to be worth upward of $100,000, Coox.—On 234 inst., came to New York from Ireland about forty-five years | Cook, and day for two Quaker flour merchants ¢arrying on bi in Broad street, this city, According to the story told on the trials which have been held within the past two years, he made the acqi in 1848, The latter was then a pretty young Quakeress and after a brief period of courtship they were married according to the Quaker rites and in the presence of witnesses, Tho certificate of marriage was lost, how- ever, and the witnesses at the ceremouy are dead ‘They lived together as man and wife till toe year 1548, during which time his wife, Jane, bore bim five chile dren, but two of whom survive. Ho abundoned her while she was living in Graham avenue, Williainsburg, and in November, 1848, was murried to Catherine Shields, who was then a Miss Lawlor, the ceremony being performed at St. Peter’s Roman Catholic church, Barclay street, this city, His wife Jane never molested bim in his new tmatrimoni: hance, ‘Though he did not live with her again bi ve her a house and trequently contributed to her support. His children by the first wife visited Dim in later years and claim to have been recognized by him. From a period shortly before his second marriage Henry Shields had become prosperous and bad entered upon a new career asa flour merchant, His New York family moved in the higher circles of society, becoming his wealth and position, Mr. Shiolds was at one time President of the Produce Exchange, Tho will of deceased was proved in the Surrogate’s Court in April, 1874. The widow, Mrs, Catherine Shielas, accepted the provision of the wilt giving her a certain sum in Men of her dower. It was not till. the will came beforo the Surrogate that the New York widow, who bas seven childron, but three of whom are of age, was made aware of the fact that there was anothor widow who bad a claim on her deceased husband's estate. Mrs. Jane Shields then brought suit before the Supreme Court against John and Catherine Shields, e Will of Henry Sbielag, to er her right of dower. There were two jury on the first of which the jury disagreed, On tho second trial a verdict was rendered in favor of the plaintiff, Jane Shields, and on May 26, 1876, judgment was granted im her favor for $10,000 1d imterest from that date, amounting to $1,200. She received the conveyance of a bouso on Fort Greene place, valued at as part of the $10,000. ‘The remainder was to be paid out of the proceeds of cortain property belonging to the deceased. ‘This settlement did not recognize the two surviving children of June and Henry Shields. ‘Their names aro Willian B, Shields and Catherine G. Bonner, tho latter being the wife of Titus Bonner, ‘They accordingly brought suit in the Brooklyn City Court to recover their share of their father’s estate. The latter suit is now pending. Yesterday the ex- ecutors and trustees, Messrs, Gelson and Dougherty, appeared before Judge Dykeman, in. the Supreme Court, Kings county, as plaintifls against the parties in Ane pending cause, and asked for a judicial construction of the will, and tor judgment as tothe reepective rights and interests of the defond- ants, referred to in tbeir complaint under the last will and testament of Bary Shicids, and that they may have the direction of the Court as to their duty; and that the cost theroof may be paid out of tho estate. Mr. Homer A. Nelson, who appeared for tbe executors, stated the facts of the ease at length for the informa- tion of the Court, and ex-Judge Dailey represented the interests of William B. Shields and Catberine J. Bon- ner. The case was finally adjourned to March 10, when argument will be heard by the Court, HEAVY SILK BURGLARY. JAMES LEAHEY’S STORE ROBBED OF TWO THOU- SAND DOLLARS’. WORTH OF PROPELRTY—ES- CAPE OF THE THIEVES. Between three and seven o’clock yesterday morning burglars effected an entrance into the dry goods store of James Leahey, No, 361 Broadway, and succeedod in getting away with twenty-one valuable shawls and a large quantity of silk goods worth about $4 per yard, As # large number of shaws of great valuo’ and other costly goods-were on the counters, the exact value of the goods cannot be ascertained un- til stock is taken as to the contents of the drawers, Captain Caffrey and his detectives of the Fifth precinct shortly after seven A. M, heard of the robbery and at once mado an examination of the premises. They were at once astonished at the jack of precaution by the owner to protect his property, and intormed him that their only surprise was that the entire contents of the house had not been carried off, There is an entrance to the store from the rear at No. 91 Leonard street, where Will- jam Gilroy keeps a wine and lunch room. ‘The burglars effected un entrance to Gilroy’s by torcing open the front door. Thence they pro- ceeded to the back part of the lunch room and easily reached a small yard tn the rear of Leahey’s, An axe and saw were callea into requisition to cut away the panels of the double wooden doors, These removed, the tbieves had free ingress to the floors where the costly property war’ stored. On a large counter ex: tending across the door and m drawers beneath this counter were costly silks, One of these drawers | was forced open and pillaged. The counters that in- tervened between the daring burglars and the show windows on Broadway shielded them from tho notice of the policem: nd watchmen patrolling Broadway, while the bigh buildings protected them from observa- tion in the rear, After elping themeelves to the most. valuable goods they removed their plunder through the saloon in Leonard street, where they found. several boxes of cigars and bottles of wine, which they carried off to celebrate their achleve- ments of the night withal, In the hurry of their de- parture they left upon the floor of the saloon four crape shawls and two pieces of checked silk. It is supposed that the burglars, after entering the saloon, closed and locked the door to prevent the potice learning of hvir operationa Captain Caffrey at three o’ciock examined the door, and found an iron bar, secured by a padiock, across it, so that it 16 very certain the entrance was effected aftor that hour. In thecellar under the store was a more valuable stock of silks, that could have been secured by breaking open a wooden door, but they were evidently in too great a hurry to explore the mysteries of the basement, The robbery was later in the day reported to Superintendent Walling, and dotectives were detailed to look for the thieves and the plunder, which, it Is believed, is worth at least $2,000, OUR COMPLAINT BOOK, SUFFERING DAUGHTERS OF AMERICA, To Tux Epitor or THs HeraLp:— Day after day have I sought your advertising col- umons as a means of finding employment, and as often have laid aside my paper with heart almost discour- aged,as I presume have many in a like situation, advertiser requires ‘*experionced hands” and the highest “‘recommendations,”” but what is ono to do who can nether claim to be one of the former obtain the latter, oxcept as to respecta- There are doubtless many worthy women in ity who, for the first time, are compelled to seek employment, that would gladly accept any honorable , and Iabor for the interest of their em- as much as those who possess the ‘‘open Xperience and recommendation. Why not give some of these a chauce to prove their value, for none can become experienced without op- portunity? Too proud to usk charity, and with little courage to ask employment whon the above requisites are nearly always strictly ossential, must we, daugh- ters of Atnerica, suffer for tho necessaries of life in this noble bearted city? DILEMMA, RENTS MUST COME DOWN. To tux Evrtor ov Tux Henauo:— Your able articie on rents is well timed. The great middle class demand cheaper rents, Tho income of the average housekeeper has been lessened from thirty- threo and ove third to fifty per cent, and still his ex. penses (the main itein of which is for rent), havo not materially decreased, Tho cost ot living should bo in comparison with the times in which we live, Rents must come down, Economy is the ord the day. TENA roof WATER WANIED. To tox Eprror ov tHe Heraio:— Why cannot we get water on the third floors in houses up town, above Fifticth street ? ONE WHO BELIEVES THERE I NO SCARCITY OF WATER NOW, DEATH TO THE SPITZ To THe Eprron or THe Herator— Can it be possible, after so many cases of hydropho- | Spitz dog” onu- Dia resulting from the bite of the * merated in the Herat, that the authorities hesitate | to issue an order to biave these venomous brutes de- | If 80, it 16 tine, | stroyed wherever they may ve found? for the people to adopt measures to protect the mselvi and their children, 1 theretore hereby notily all whom it may concern that whenever | get one of these Spitz dogs within range, that I will putit into him to the best of my ability, DOGSLAYER, DBATIS. Atiatnn.—At Red Bank, N. J., on Monday, February ANTHONY M, ALLATKE, aged 69 yours. Relatives and friends are tend the funeral services, at bis late residence, Red Bank, on Wednesday, February 23, P.M, ‘Trai leaves fvot of Liberty st, at 11:45 A. M. Interment at New York Cemetery Tharsday nuon. Banker —At Passa, N. J, 00 Sanday morning, Febraary 25, Feeats A, BARKER, in the dist year of bis age. Relves and frisuds are Invited, without further to attend the service, at the Passaic Baptist . Puesday, February 27, at three P.M. Train os foot ot Chambers street at 1:45 P, M., returning from Passaic at 5:03 and 6:62 P.M. Interment at | Greenwood, on Wednesday morning. BowNe.—On Monday, February 26, Care B., | youngest daughter of William H. and Eiizabeth Bowne, | uged 7 years, 6 months and 19 days. | "Relatives and Iriends of the family are respeottully invited to attend the funeral, from the residence of ber : st, Brookiyn, on Wednesday, Mi, = | parents, No. 151 Laq | February 23, at wo @’. apecttully invited to at. | at hali-past one | Carrasox,-—At Wi Westchester pothy 25, nut, Jamns Carxrsos, inthe Funeral his late residence, Tuesday, February bal ia oR = M February 26, Lours m., beloved son ef the lare Charles Cohen, 92 year, 6 morning, ten o'clock, from the residence of brot iain Topas B. Jacobs, 55 Enst 78th Relatives and friends are invited to attend. Euma A. ter of Isaac and Mary E. Cocks. Funeral will take place on Wednesday, at one P. Mu. nce of her father, at Looust Valle} be waiting at the depot to meet tbe ten o’clock train from Hunter's Point, Cxawrorp.—At the residence of his daughter, Mrs, J, a. Kennedy, on Sunday, Febraary 26, 1577, MaTuxw CRAWFORD, 90, Friends of the family are invited to attend the fu- poral, at 135 West 22d et, Wednesday, 28th inst., at one o'clock. Dewerneu.—In Broskuyn, Sunday, at haif-past ten o’clock P, M., Hattie V., daughter of James V, and Louisa Duberuell, aged 4 yea Relatives and friends respe: the funeral, from her paren ne residence, 150 B: this day (Tuesday), at two P. M. Duxpox, Sunda ening, ANNIK, the beloved wifo of John Dundon, aged 34 years, 8 months and 23 days, Her remains will be taken from her late resifence, No, 40 Horatio st, to be interrea at Albany, Wednes- day morning, February 28, ‘KSS8KL.—On Sunday, February 25, CLemuxtixe Fuse BxL, in her 76th year, & a days. ully smvited to attend en 8 The funoral will take place at nine A. M, on Wednes- day, from 46 Bast 112th st. Frionds and Dr, Fessel, 8. Mong and family, A. Rosetti RAS On February 24, 1877, Margaret, wife of to id can one o'clock train at the Jersey City depot and retarn by the five o'clock train. Grant, —Un Monday, February K., beloved wife of Hugh Grant, in tho 21st year of hor 1877, CHaRLoTTE age. Notice of funeral hereafter, Guranis.—Tuomas Gurunte, aged 54 years, Relatives and iriends are invited to the funeral, from No. 261 South 3d #t., Brooklyn, E. D. Neweastle (England) papers copy. Ha.sey.—Saturday, February 24, 1877, after a long ae painiul ilineag, Saran Stewart, wife of Robert alsey. Relatives and friends are invited to attend tho, funeral services, at her late residence, 53 West 38th at, February 28, at ten A. M, Harnison.—-Suddenly, at Brick cburch, Orange, N. J., 6n Sunday morning, February 25, Euma Gurrrupe, only child of Charles C. and Geitrude F. Harrison, aged 5 months and 18 days. 3 Funeral services at bou: five o'clock, Carriages at train trom Barclay st, Hartsnorxsé.—On Monday, the 26th inst,, of scarlet fever, Evakxx Luoyp, youngest child of Sidney G. and Josephine Mabbatt Hartehorne, aged 2 years and 2 months, The funeral will take place on Wednesday, the 23th Inst., at half-past twelve P, M., {rom the residence of his parents, No, 28 West 5ist st, Herrick,—Mr. James Hexeick, 17 Dry Dock st, na- tive of Knockbarren, Kings county, Ireland, in the 63 ‘ear of his age. e Relatives aad friends of the famlly are respectfully invited te attend the tuneral, on Wednesday afternoon, ut balt-past one o’ciock, from St, Bridgot’s church, av. B and Sth st. HuGues.—On Sunday, February 26, 1877, at Spring Valley, Rockland county, N. Y., Mrs, Janke Hvuauxs, widow of Hugh Hughes, in the 74th year of her age, Relatives and friends of the family are respectfully invited to attend the funeral, at the residence of her grandson, 1, V. Tuttle, 157 South 8th st, Williams- burg, on Tuesaay. 27th inst, at eleven A, M. InkLAND,—On Sunday, February 25, of pneumonia, Jonx [neLanD, in bis Sith year. Relatives and friends and Empiro lodgo No. 64, I. 0. 0, F., ot New York, and the Order m general are invited to attend his funeral, trom the Seeond Presby- terian church, 3d st., near Jersey av,, Jersey City, on Wednesday, at two P. M, Joycs,—On Saturday, 24th Joyce, ‘The funeral will take placo this (Tuesday) morning, from the residence of her brother, William Is. Joyce,” 10th av., Astoria, The retains will be conveyed to the Church’of St. Mary of Mount Carmel, wherea requiem mass will be offered for the reposo of her soul at half- past ten o’clock A. M.. Relatives and friends are re- spectfuily invited vo attend. Kruty.—On Monday, February 26, 1877, Mary Keuny, aged 30 years, daughter of John and Mary Kelly, town of Gorth-na-Grela, parish Drumcliff, county Sligo, Ireland, The friends of tho family aro invited to attend the funeral, on Wednesday, bult-past one, from her late residence, 37 Park st. Kipkac—On Monday, February 26, 1877, Joux T. Kinpra, aged 32 years. The relatives und friends of the family are respect- ly invited to attend bis iuneral, on Wednesday, February 28, at ono o’clock P. M., at his Inte residence, No, 803 Greenwich st. Kivann On Sunday, February 25, at Wyckoff, J., Thomas Kixs bey. His friends and tnose of his brothers John and Christopher are respectiully invited to attend the funeral. His remains will arrive at the ferry toot of Desbroxses st, at twelve o’clock on Wednesday, Feb- ruary 28; thence to Calvary Cemetery for interment. Logax.—On Sunday, February 25, Bripert 1ocan, widow of the late Thomas Logan, in the 69th yeur of her-ago, native of the parish of Killesbandra, county Cavan, Ireland. The relatives and friends ot the famiiy are respect- fully invited to attend tue funeral, trom ber late resi- dence, 334 West 25th st, on Wednesday morning, at ten o'clock. Her remains will be taken to St, Co- Jumba’s church, where a requiem mass will be offered tor the repose of her soul, aud thence to Calvary Ceme- tery for interment. Manninc.—On the 26th inst, at her resid West 44th st., MARGARET Bayt, widow of the Manning, tn the 64tb y: of her age. Notice of tuneral hereafter. Marstoy,—In Brooklyn, on Saturday, February 24, Mrs. MAnY Marston, in the 98th year of her age. Relauves and frends are invited to attend the funeral, on Wednesday, 28th inst., at two P. M., from the residence of her daughter, Mrs. W. I. Robinson, No. 96 4tn av., Brooklyn, MILE! On Sunday, 25th inst, Joan Mines, m the 56th year ot his age. Funeral services trom his late residence, No, 130 Fast 56th st.,on Tuosday, 27th inst, at ten o'clock, A. M. No flowers, Moony —In Brooklyn, on Sunday, February 25, of neumonia, Cuantes Epwarp L&koNaRD, only and be- Tovea son of Leonard and Marianna H. Moody, aged 11 months and 17 days. Relatives and friends of the family are respectfully invited to attend the funeral, from the residence of his parents, No. 44 Hanson place, Tacaday, February 27, at one P, M, . Boston and Maine papers please copy. McCune.—Mary MoCong, on Saturday, February 24, aged 77 years. Relatives and friends aro Invited to attond the fu- neral services this day ( jay), February 27, at one P, M., at the residence of her son-in-law, Robert Smith, 364 West 18th st. MoPiin.iirs,—Un Saturday, Patrick MoPamiurs, agod 73 years. Relatives and triends of the tamtly are respectfully invited to attend the funeral, from his late residence, 25 Mangin street, this day (Tuesday), at one o'clock, 0'Co R.—In Brooklyn, Gace, widow of the late Terrence 0’Connor, on Sunday, February 25, aged 75 ears, Relatives and friends of the famiiy are respectiully invited to attend her funeral, trom ber Inte residence, 118 Smith st., at two o'clock P, M., on Tuesday, Febra- ar on Tuesday afternoon, at pot on arrival of the 3:50 met, Miss Marta A. 27 Pixuor,—At Stelton, N. J., February 25, Joan Lrv- wasroy Pinney, aged 31 years Funeral on Tuesday, February 27, at half-past two Reyxo.ps.—On sunday, February 25, Parrick Rerwoips, aged 47, of parish of Forgnoy, county Long. ford, Ireland. Relatives and friends are vory respectfully invited to attend the funeral, on Wednesday, at ten o'clock, from his late residence, 60 Monroe st. ; thence to St. James’ church; from thence to Flatbush cemetery. Roacn.—At Elizabeth, N. J., on Monday, February 26, Perm R. Roacu, aged 73 years, Notice of funeral hereaiter. Saitn,—In Brooklyn, suddenly, February 26, Noni W., oniy surviving child of Welford R, and Sarah E, Stnith, agea 9 years and 2 months, Notice of funeral bereafter, February 26, RNER,—On Dow A. Monday, | Terxen, aged 23 years, Funeral services at residence of his brother-in-law, Theodore C. Disbrow, No. 36 Bediord ay., Brooklyn, on Wednesday, 25th inst., at two P. Me Vermeuiy, —On ni February 26, Dr. Firup VxRMEULE, in the 76th year of his age. Reiatives and friends are respecttully invited to at tond the {uneral services, on Wednesday, 28th inst, at | wwe o'clock, at his late residence, No, 62!, Columbia st, New York. Raleigh (N. C.) papers please copy. | Viewuiarer,—On February 24, Wittian Wasnixa- | on of C, A, and Rebecca Viemerstor, aged 17 3 months and 15 days. Relatives and friends, alvo the Hermann Lodge, No, | 268, F. and A. M., are respectiully invited "to attend the funeral, to take place on Wednesday, k eb o'clock P, at the resiaence of ty leury st. nox —Suddenly, Sunday 25th, Gnanies Grave sox, youngest child of Fannie and’ Alfred Waldron, age 4 months. Funeral services from their residence, corner Flat- bush av. and stirling place, Brooklyn, Tuesday, three P.M, February27, | Worrs,—On Sunday evening, February 25, Thomas | Wastixerox Wire, 10 the 54d year of bis age, « Phe relatives and friends of the family Tequested to attend the tuneral, trom his late residence, Prospect 1 velock , Without further invitation, Wuirr,—On Monday, February 26, at his residence, No. 32 West 35th st, of pneumonia, Joun H. Wire, awed 55 yours. Notice of funeral hereatter, y Ou Friday, February 23, 1877, ‘alter a short AnTia, wile of Robert T. Wild, Sr., in the 62a year of her age. ‘The relatives and (riends of the family, also the members of Lafayette Lodge, No, 64, F. and A. M., are respectially invited to attend the funeral, from her late residence, No. 18 Barrow st, on Tuesday, Febraary 27, at one o'clock. Y n Jersey City, on February 26, Mary, the of Robert G, Wilson, mm the 36th year ot OX. wite ber age. Reiativos and friends of the family are respectfully Invited to attend the funeral on Wednesday morning, at nine o’vlock, from her jate residence, 158 Railroad th) st., Melrose, Wednesday, tne 28th ist, at one | =) AMANO AND COMME The Stock: Market Active, With Better Prices at the Close, GOLD 104 7-8 A 105 3-8 A 105, Government Bonds Quiet and Railroad Bonds Generally Lower. MONEY ON CALL EASY AT 3 4 3 1-2 PER CENT, Wa. StResr, Mospar, Feb, 26-6 P, 1} Thero is such athing as riding a willing horse to death, gad it is questionable whether the boars, hav- ing mounted the hobby. of short sales, are not taking too much outo! their nag, weight carrier though he be, There were symptoms of weuk knees after mid. day, when a sharp check was givon to the declining market and a turn upward mancuyred, which held to the close, This was particularly observable {no Cen- tral and Hudson, Lake Shore ana Western Union, the first named nearly recovering a bad wip which it had made jn early dealings from 92% to 914;, and the other two gaming severally 1 and 2 pcints upon opening prices, The improved teoling exteuded also to the preferred shares of the grauger propertics and to Michigan Central, while tho coal stocks struggled out of their chronic grimy condition into the comparative cleanliness of better figures, There do not appear to be any particular reasons for this change of base, nor 1s thero apy surety that the bottom will not fall | out again in a day or two, Still the fact exists that the bears have been carrying eail to an extent which was likely to land them any day among tho breakers of an oversold market, while the bull contingent stands upon the shore, on cannibal thoughts intent, ready to devour them, It i¢ most probable that the lively rally ig more to be attributed to this cause than to any Con- certed action looking toward a bull campaign, though with the Presidential question settled and the approach of sprivg the inception of such a movement is pretty sure to come, Mr. Gould’s new board commenced operations to-day, to the chagrin of the old concern, — It has been a neat game originated by this wily operator for the purpose of breaking down | commissions, and be has played: a trump card in that the older institution has made baste ta volunteer such reductions as will bo generally accepiable to outside dealers, The Atlantic and Pacific Telograph Company made to-day such further reductions in their tariff as will create a ubiform rate of twenty-live cents for a single m sage throughout the Eastern and Middle States, It was also reported that several of the prominent di- rectors recently elected had declined to serve, and on this the price of the stock fell off shghtly, while the story was used to advance Western Union, The Rock Island road propose to substitute $10,000,000 six per cent forty-year bonus in place of the $9,000,000 sevea per cents and $1,000,000 #ix per conts due in 1895, but liable to redemption at the pleasure of the company, and also to issue as needed $2,500,000 additional six pet cents for the permanent construction of the road, The following letter in regard to the application for. a receiver for the Delaware and Hudson Canal Company ‘was sent to the Stock Exchange to-day :— DsLaware ann Hupsow Canau Company, New York, Fob. 26. The allegations in the papers served upon t com: pany at the suit of Henry R. Anderson, an alleged stockholder—although not one of record—will be fully mec and refuted, in whole and in dotail, as soon as we can be legally heard, THOMAS DICKSON, President. It woulda thus appear that the mysterious papers have been served after all, unless Justice bas been again caught napping. The ardent readiness of the company to meet and refute the charges will be pare teipatod im by stockholders anil public alike, and if the allegations prove to be unfounded (in tho language of burnt cork), let the blame for the annoyance rest upom the head of the “‘alligator.”” THR SALES TO-DAY. The transactions at tho Stock Exchange to-day aggregated 191,700 shares, which wero distributed ‘as follows:—New York Central and Hudson, 20,8003 Erie, 1,820; Lake Shore, 41,100; Cleveland and Pitts, burg, 200; Northwestern, 300; do. preferred, 2,800; Rock Island, 2,850; Paciflo Mail, 6,125; Sw Paul, 2,800; do, proterred, 6,100; Obios, 700; Western Union, 6,620; Wabash, 600; Union Pacitic, 900; Panama, 5003 Delaware, Lackawanna and Western, 22,690; New Jersey Central, 445; Michigan Central, 13,400; Dela ware and Hudson Canal, 7,070; Hannibal and Sth Joseph, 2,200. OPENING, HIGHEST AND LOWEST PRICES. 2 ‘The following table shows the opening, highest ang lowest prices of the day:— Opening. Hig) est. Lowest, New York Central. Harlem, Northwestern preie: Rock Island, Piusourg Milwaukee and St. Paul. 17% Milwaukee and St. Paul pref, 47 Del, Lack, and Western. 61 Now Jersey Central 10% Union Pacific 645 Ohio and Mississippi. . by Western Unio: 62% Pacitic Mail... e- 25 24% ‘ ADVANCE AND DECLINE. The following shows the advance and deline in the prices of the principal active stocks as compared with those of Saturday : Apvanck.—Chicago and Alton, 33; Delaware and Lackawanny, ',; St Joseph, 114; do. preferred, 1, Harlem, ; Luke Shore, %3 Michigan Central, 1%! Morris und Kssox, 4; New Jorsey Contral, 4; Nori west, 5; do. preferred, %; Rock Island, 4; St, Paw preferred, Western Union Telegraph, 13;; Wells, Fargo & Go, ' Dxcuine —Atlantic and Pacific Telegraph, 14; Cen tral and Hudson, 134; Erie, 44; Lilinois Central, 1 Pacific Mail, 34; St Paul, 3; Toledo and Wabash, 4 Union Pacific, 3,; Adams Express, }g; American Ex press $4; United States Express, 2 CLOSING PRICES—3 PF. M, The closing prices were :— Pacific Mall. Uiel. A& Paciti 100" ‘Tol 1% Union Pacific, 64 THY MONEY MARKET. Money was easy at 8 and 33g percent on call and closed easy at the former figure. The following wore the rates of exchange on Now York at the undermen- tioned cities to-day :—Savannah, buying 34. solling 14; Charleston scarce, buying }¢ premium; Cincinnati, stronger, buying par, selling 1-10; New Orleans, coms. mercial 3-16, bank 4; St Louis, 45 premium; Cor cago, pat to 26 discount THE GOLD MARKET, Gold opened at 104%, advanced to 105%, and reacted to 105, at which the market closed, The late reaction was duo to advices (rom Washington tn regard to the probable call of bonds to-day or to-morrow, The care ry ing rates ranged from 1 to 3 por cent, GOVERNMENT STOCKS, Government stocks were firm during the day and closed quict at the following quotations:—United States currency sixes, 12234 « 1225; do., 1881, regis. tered, 111% @ 111%; do. do, do, coupon, 112 a 112K} do, do., 1865, registered, 1084; a 10834; do, do, do, coupon, 108}; a 10834; do, do., do., mow, registerod, 1084 @ 108% ; do, do., do., do., coupon, 108 4% a 10874; do, do, 1867, registered, 11144 a LILK; do. do, do, coupon, 11144 8 1114; do, do., 1868, rogistered, 114% a 1155110, do,, do,, coupon, 11494 a 114% ; do, ten-forties, Fogistered, 10934 #110; do, do., coupon, 11334 a 118% du,, fives, 1881, registered, 10914 a 10014; do. do, doy coupon, 109% a 10945; do. do,, 434’s, 1891, registered, 10575 a 106,. THE FOREIGN MARKET, The London advices report a firm market for console and United States bonds, Erie declined to 73g a 7% av., thence to St. Mal church, where a solemn ry mass of requienr wil be offered and New York Central to 92, Rentes at Paris wore strong and higher, Foreign exchange ia quiot at abows,