The New York Herald Newspaper, March 15, 1877, Page 6

RAPID TRANSIT. The Opposition to the New York Elevated Railroad Company. IMPORTANT ARGUMENT ON APPEAL, A Horse Railroad's Avariciousness and a Great Public Need. ————— . The woll known sult brought py the Ninth Avenue Railroad Company against the New York Elevated Railroad Company continues to drag its slow length ‘long in the courts through the process of appeals fol- lowing each judicial decision—a system of appeals which promises to be kept up until the case has reached the court of last resort. In the early proceed- ings all the leading points embraced in the complaint And answer were fully given in the Hxnaup, together with the main testimony and argument at tho trial of the suit before Judge Van Hoosen, in the Special Term of the Court of Common Pleus, The burden of the complaint is that the Elevated Rail- im the method and effect of its operation is a public nuisance, unauthorized by law, ‘and specially noxious and damaging to the horse car line. The matter came up for argument yesterday on appeal trom the decision of Judge Van Hoesen, before the General Term of the court, Chief Justice Daiy and Judges Larremore and J. F. Daly being on the beuch, As on former occasions there was au extended retinue of counsel on both sides—Messrs, F. N, Baugs and J, M. Soribner, Jr., appearing on behalf of the appel- Janta, the Ninth Avenue Railroad Company, and Messra. James Emott, A. J. Vanderpoel and Edward ©, Delevan appearing for the Klevated Railroad Com- pany. Substantially thé same points were raised on both sides as at the argument in Specia) Term, ‘The Orst point considered on bobult of the appellants was a8 to the lawiuluess of the defendant's structures 3m the carriageway in Greenwich street and in Ninth avenue, below Thirty-fourth street; and the second point ag to the law/ulness of the motive power used by the defendant in drawing or propelling its cars and the mothod of using it, Having discussed these points at considerable longth thore was next taken up the question of the special relation of the defendant to tho plaintiff growing out of the fact that the plaintiff is tho owner of a franchise granted by the State, Lt was urged that the grant of the use of the stredt in con. structing and operating a railway necessarily and upon familiar principles implied a concession of all that was. necessary to make the grant effective and useful to the public—such as freedom of access to the cars and of egress from them, and the ase, asa place of transit for man and beast to und from the cars, of pace between the tracks and the houses, so far as such use Was Consistent with the common right of the whole community. Following this was discussed the question ot the special rolution of the defendant to the plaintiff growing out of the location and character of the plaintiff's property und business, and 118 method Of using its property and conducting its business, In Conclusion it was urged that the plaintiffs are entitled to have tho judgment reversed because of errors of Jaw in refusing to find material facts in accordance with uncontradicted testimony and in finding upon matter of fact 1 opposition to uncontradicted testi- mony. THR CLAIMS OF THE ELEVATED ROAD, On benal! of the Elevated Railroad Company there followed a lengthy and jorcible argument aud reply. 1. was contended that the defendants are a corporation formed under the general railroad act; that they were expressly authorized to erect the structures, to use the means of locomotion, and to build the switches, turnouts and cunuecting tracks which are complained of, by acta of the Legislature; that they were organ- ized in October, 1871; that they became the owners of the riguts and ‘franchises which were possessed by a Brevioasly existing company, known originally #s the est Sido ana Yonkers Puteut Railway Compauy, which had existed since July 25, 1866; that this company was, authorized, by ‘an act passed April 22, 1867, to construct and operate au eievated railroad through+ Greenwich street and Ninth avenue to a point above Filty-iourth strect. The deteudants justify their acts aad claim a right to erect, maintain And operate their railroad :—First—Under the grant ot powers and tranchises contained in the act of Apri 22, 1867, and thereby vested in the West Side and Yonkers Patent Railway Company, of which corporation they Bre successors and assigus, Sccond—Under the con- Unuanes and ratification of that grant and under tho pwers conferred upon themselves by tue uct passed une 17, 1875. It was urged, turther, that the act of 1867 authorized the erection of struciures for the sup- port of elevated railroad tracks along both sides of Greenwich streot and Nioth aveuue trom the Buttery to the Hariem River; that it thorized the erection of turnouts and connect- Ing tracks between the opposite sides of the street and ol switches; and that it conferred upon commis. Bioners, Whose appoimtment and continuance were provided for by the act, power to designate the places Or points at Which turnouts and switches should vo iaced, In every respect it Was urged that the suit is rd and ungracious, The defendants, with pablis spirit and enterprise, had constructed a rapid transit toad which bad shown the people of New York how that prime necessity of their city could ve obtaineu, Although situated on one side of the island, in an out ol-the-way avenue, it had yet become so great a con. venience to peopic living up town, even at a distance trom 18 road, that it was carrying more passengers with its four stopping places than tue plaintifis’ road has, in any yeur since it was @nstructed, picked up while taking and dropping them allaluny the line, 1t was not asuit by an individual whose privacy was invaded or whose comort was disturbed by unpieusant sights, sounds or smells, or Whose property could not be used by reason of obstructions, It Wasa mero attempt by a horse Tailroad company, on grounds ut the most techuical character, to breuk down an enterprise of great public utility, simply because 1b was apprehended that it would interfere with its profits, It was coutended, in conclusion, that the legislation under which they have been acting 1s valid and constitutional, and their acts in erecting, maintaiving and operating thor ral- road wero’ not uvauthorized or unlawiul, that he plaintiffs bave not shown that they have sustained «any = serious or = substantial injury trom the deiendants’ acts such as to re- quire or justify the interposition which they wk of the Court that every dumage or injury whic ihe piaintiffs do, or will suffer irom any of the acts tomplained of, 1s of the ne kind as that which any person using the street is liable wo sulter; that they do hot show any peculiar or special injury to themselves, from an act, which, if a Wrong, 16 a public Wrong; that the plantifis have ‘seen the construction, completion and use of this road go on alongside their own without objection tor months and years; that this silence is acquiescence, for which the courts will retuse the in- Junction asked for, and that therefore their complains was properly dismissed and that this judgment snould be affirmed. At toe couclusion of the argument the Court took the papers, reserving its decision, A meoting of the trustees and lot owners of Green- wood Cemetery was hold av one o'clock yesterday afternoon, in their rooms, No. 39 Broadway, Mr. Georgo A. Jarvis presided, and Mr, Joseph A. Perry acted as secretary. Mr. Pierrepont, President of tre Board of ‘Trustees, presented the annual report, which was accepted. One thousand copies were ordered to be printed, The report showed receipts irom various sources, including sale of lots, intermeuts, interest on Blocks and bonds and sale of bonds, of $310,781 13, which, togetber with the balance of cash on hand Jun- vary 1, 1876, made a total of $327,816 34. During the Year tie expenses amounted to $315,154 99, leaving a balance in tho treasury on January 1, 1877, of $12,161 35. The improvement $785,525 12, distribuccd as follows:—United Sintes governinent bonds, $295,000; city bonds of New York and Brookiyn, $190,000; other assets, 253,525 12. was 22,402, and the total number of interments was 184,77, ny BROOKLYN’S HEADLESS BODY. AN EFFORT TO SETI{LE THE PRESIDENCY OF THE COMMON COUNCIL TO BE MADE TO-DAY, A new difficulty has presented itself to the repub- licam members of the Brooklyn Board of Aldermen in bueir efforts to break the deadlock pending over tho selection of a President of that Board and at the same time elect one of their party to the position in dis- pute, Should the order of Mayor Schroeder bo obeyea requiring the Common Council to meet to-day at two P, M. and to ‘hold sessions daily therealter, except on Sundays aud legal holidays, until they agree upon a permanent President,’ the outlook would ‘be unfavorable for the republicans. It appears that Iwo Alderinén of that party will be absent irom town loday, Their absence would, of course, Wrow the election into the bands of the democrats, assuming that eleven members ackuowledging fealty to tho purty slate bearing tho name of Rubert Black, of the Fourth ward, for President will be present, Alderman Donovan, oi the Twellth ward, in such an evont, even though te should cast his yous with the repuvlicans, would bo unable to deteat tho election, The later genileman says he is a democrat, and will coutinue to the end to represent bis constituency as & representative of their will im all matters of public policy. He claims ti city has lost nothing by the tailur organize, and he will attend the meeting discuarge bis duty in such & manner as to him may appear best, The Corporation Counsel has decided that the Mayor has full pow ter to callin one notice a Aldermen thus notified should fail to reapond, they could be compelled by order of the Court to do so. day and au- | fund consisted of | ye total number of lots solid to January 1, 1877, | FATHER TITTA’S FUNERAL. The funeral services of the Very Rev. Father James Titta, pastor of St, Aathony’s Roman Catnolic Church, were performed yesterday forenoon in the church of which he was the respected head, The church was thronged long before the ceremonies commeneed by those who had known the deceased during hiv lifer time or had learned of his picty, charities and amiable character. A grand bigh mass was celevrated for the repose of his soul, the Rev. ¥, Charies, 0. 5. F., offi ciating as celebrant; Rev. F, Leo, 0. 8. F. deacon and Rev. F. Eugene, of the same Order, serving as sub-deacos, The wasters of ceremonies were the Rev, F. Joachim and Rev. A. Ryan, both priests of the Order of St. Francis. Vicar General Preston delivered the funeral sermon, and addressed the congregation in both English and ltatian, and the Right Rev. Dr. Bishop of Charleston, 8. C., pronounced the the close of the servi Among ” e mtaty u J , Passions Benedictines, Capuchins, Faulists, Jesuits and other holy orders, SKETCH OF DECEASED. The Very Rev, James T:tta, 0. 3, F., was born in Gombitelli, near Lucca, Italy, ‘April, 1831. He enterea the Order of St. Francis i 1846, and alter having studied at Rome was ordained in that city in 1854. line mediately aiter his ordivation he was made Doctor of Philosophy, and after teaching for some time with suc- cess wus about .o become a Doctor of Sacred Theology, when, on account of his fine voice and his talent for music, he was induced to become a member of the choir of the Lateran Basilica, the leading choir of the Eternal City, e came to America in 1859 to join the lamented Fatner Pampils and his companions in founding St. Bonaventure’s and the Prov- ince of the Immaculate Conception of his Or- der, At the breaking out of the civil war he volun ed and served as chaplain of the Eleventh Pennsylvania cavairy. He neld various offices of tr in bis order and labored with success in aifferent mis. sions throughout the country, Father Titta was elected provincial in 1871, and became at the samo time pastor of St, Anthony’s Church im this city He waa remarkable for his gentle disposition, refined manners and comprehensive views. He mado him- self dear to every member of his congregation, and though a tond lover of his own native italy and ber peopie he cherished warm affections for the people of the land he made bis home, FROM THE CHURCH TO THR DEPOT. The remains were taken from the church yesterday @ sent to Alleghany, here they will be imterred, Frost, Maurice Abearn, Angelo Nuci, Cwsar Arata, John McDermott, James J. Manning, James Keyes, 0, Tensi and W. Kelley. St. Anthony's Temperance societies. EDWARD WINDUST’S FUNERAL. for the dead, ‘That was followed with an ad- friend of the deceased for over twenty years, a stock of wheat, fully ripe, in its season, he touch- jugly alluded to his life and record ag a rich legacy to’ the church and a glory to tho family. His caroer was one of integrity and uprigbtuess, the reward of which in this world was the esteem and friendsbip of the worthy in the community such as lew men bad been viessed with, All this he Tetained to the end, when, “a limb from the treo of humanity,” ho had fallen to the ground with much fruit, which, gathered up and presented to the Saviour, assured him of a full reward in the world to come, When the reverend gentleman had concluded the famtly requested that the Masonic rites immediately joliow, and in accordance with this wish, the bretuiren assumed their positions and, under direction of their master, conducted the impressive ser- vices of the ritual ‘Tho body was then given over to | the fumily and by them conveyed to Greenwood, the Lodge accompanying them as friends of the family. The deceased wus born in Southampton, England, and not on Staten Island, as has been reported, and he was. always ‘engaged in tho restaurant business. In accordance with a wish olten expressed by him the number of days instead of the years and months he hud lived was inscrived on his coffln-plate, 80 that instead of the usual record of death at such an age it simply announced tbat he had lived 28,806 days, ‘ BETTS’ OBSEQUIE! Yestoraay morning the {uncral services over the Iate Jon S, Betts were held at the late residence of de- coased, No, 390 Degraw street, Brooklyu, Besides tho friends of the family there was an attendance of the members of Hollund Lodge, No, 8, F. and A. M., and of the old Fire Department of New York, Mr Bots, when a boy, was ucierk in the house of L. M. Holf- man, of this city, and was afterward in copartnership with Willam Gerard, and subsequently the firm of Gerard, Betts & Co. was established. Mr. Bouts died on the Lith, at the age of sixty-three, after a lingering iliness, The remains were conveyed to Norwich, Co lor imterment. AN EX-ALDERMAN’S FUNERAL. £x-Alderman Frderick Repper, who died on Sundi after a long iliness, in the fifty-seventn year of his age, was buried yesterday in Greenwood Cemetery. e Protestant Episcopal chapel in Suffolk street, where tne funeral sorvices were held, was yesterday fillea with the relatives and iriends of the deceased, Tue members of Hermann Lodge, No. 268, F. und A. M., were present. PICKING POCKETS AT A FUNERAL. While the fuueral services of the Very Rev, Jamos Titta, pastor of St. Antnony’s church, were going on yesterday, Detectives Wood and Ferris noticed a tall, slight man moving in and out of the crowded aisles in a very suspicious manner. They watched him closely and finally saw him put something 10 an inside pocket, though both his hands seemed to be in the pockets ot his overcoat, The detectives asked a woman who was standing near him if she had Jost anything, and teelng for her pocket- book she discovered it was gone. The young tan was brought to the Central Oflice, and Mrs Aun Murphy ot No, 107 East Forty-second street, made a compluint against him. ‘The prisoner, whose name is James fooley, was searched, and in one of his pockets was found a copy of yesterday’s Henan, with the notice of Father Titta’ to call Tooley’s attention to the advisability ot at ing it in person. He is known to the police as an im- ported Knghsh thief, and has been operating in this city for some time. ‘Judge Murray, at the Washington Place Police Court, yesterday, held him in $500 bail to answer, METHODIS. TRACT SOCIETY. The managers of the Tract Society of the Methodist Episcopal Church met yesterday in the mission rooms, at No. 805 Broadway. A matter of some importance to the society came up for consideration, The late Miss Dancer, among other bequests, leit to the society $10,000. The managers havo received a copy of the will and a citation to appear beiore the Surrogate of this county on the 16th of April prox, A contestant from Indiana is feared, and the managers may havo to ein ploy counsel and defend their interests under the will. In view, therelore, of the possibilities of the case, Dr. Du Puy moved that the Treasurer of the Tract Society be authorized and empowered to act in tis matter and to employ cuuns if necessary, But imasmuch as the society already has a committee whose sole business i 18 to louk after legacies Dr, Vincent and otters thought it would be discourteous bo take this matter out of their hands, the more 89 since they Dave had only ove otper b quest of $200 to look alver during tho year. But, as other States as well as in New York, and they cannot be catied together promptly in au emergency, whic! may arise in this case, aud he had a dread of red tape. Ii the Chairman of that committee, E, B. Treat, could bo authorized and ompowered to act, Dr, Da Pi have no objection, Mr, Treat lives in the etty and bas an office In the Mission Building and 18 readily wccessi bie at all tin The mater was relerred to the committee, The Sunday School Union of the Methodist Episcopal Church, whose office is also in the same building, received $20,000 under Miss Dancer's wil, ‘The umon has en- gaged Judge Fancher to look after its interests aud, a% suggested, be can at the same time luok out for the Tract y's bequest, The society granted $616 In money and 640,000 pagos of tracts dure ing the past three months, aad bow the Newark (N. J.) City Mission—a union society—asks tor 144,000 pages of tracts to be delivered in smaller parcels. The Method- ist churches of Newark whose pastors indorse iho application gave $166 in 1876, and vy the law of the society they aro entitied to only one-hail that amount in tracts, Bat inasinuch a8 they reccived none last year, because they were in debt to the society, it was thought well to give them what they asked tor now, Precedent prevailed, however, togetyer with the con- sideration that the Tract Society is in debt about $6,000, The assistant treasurers, who provavly have some junds on band, wero ested by resolution to remit at once, and so relieve the present embarrass- ment. Othor mattors of minor importance were trans- acted and the meeting adjourned, noon, and conveyed to the Erie Railway Depot, to The following gentiemen’ acted ag pall bearers:—Jobn George L. Williams, Michael Norton, William Cleary, ‘The hearse was tollowed to the depot by a large number of Ins parishioners, as woll as delegations from the St. Vincent de Paul, Holy Name of Jesus, St, Anthony’s Italian Benevolent and Yesterday morning, at hall-past ten o'clock, ten members of St. John’s Lodge, No. 1, Ancient York Masons, bore the remains of Edward Windust into the auditorium of Christ Church, Bedford avenue, Wil- deceased acquired by bonesty and uprightness during alfe time of seventy-nine years. When the casket ‘was placed by the pall bearers in front of the altar a dross by Dr. Partridge, who bad been an intimate Starting from the premise that Windust had boen cut down like De. Du Pay suggested, Us commitiee is scattered in | : NEW YORK HERALv, THURSDAY, MARCH 15, 1877.-TRIPLE CAMILLE’S CHILD. BLJOU HERON AND HER SORROWS—LEFT ALONE IN THE WORLD AT THE AGE OF THIRTEEN, After the last sad rites and respects were paid to the deceased actresa, Matilda Heron, and after her remains were laid y in Greenwood Cemetery—the fall of the curtain on a life full of eventful changes and check- ered more With sorrows than apyihing é@ise—the pub- Ne mind wag naturally attracted to the litle girl whom she left behind, at an age when there should be on such a young brow naught but the blossoms of youth, baught but the bright hopes that are so vividly lhmned im the second of tne well known series of pictures en- titled “The Voyage of Life.” The mother and child were united by more thau ordinary ties of such relationship. Obliged to quit the sce where, before admiring and entranced hearers, she poured forth as a lava stream ail the magnetism of her volcanic pature, Matilda Heron’s affections were wrapped up in ber child, and they were actually tigress-like in their intensity and exciusiveness. Bijou was to her everything; she feared lest any one should ever draw away from her the smallest particle of the child’s love tor her. Many of the ecventricities of the latest years of the Camille’ life were traceable to this morbid affection for her litue daught The woman’s sou! was wrapped around the girl, ana excusable must be considered her strange ucuions before her demise in view of such a holy ob- ject. Last September, at the Hotel Richelieu, there ‘was a merry party of friends assembled to celebrate the thirteenth birthday of Bijou, Matilda was theo in her happiest mood, She spoke of the future, not of the past, and her eyes filled with tears of pride as sho led out ber little girl, who nestied lovingly to her side, and said, “When Matilda Heron is gouo, and that will not bo long, you will ali soon forget’ her, But here is her picture, her very hfe and soul, Take care of my Bijou.” THE MOTHERLESS CHILD, , Brought up irom tabyboud under the exclusive caro Of such a devoted mother, nevd It be said that the sad~ dest mourper that can be found nowadays is Bijou Heron’ Child as she is in years sorrow has made her prematurely old in mind. She watched long and patiently beside the deathbed of her mother, and many & loving confidence was exchanged between them, The dying actross’ heart was enurely concentrated upon the pale, shrinking child besideher, She was her Armand, her love, everything. When the shad- ows of death settied down and the clammy dews gath- ered over the white face, and from the trembling lips came the words, “Poor Tillie! you have never do wrong to any one,” the child was taken away found a home among {riends at the house of Dr. Carey in East Seventeenth street, Then came the tuneral, and Byou's grief was renewed to a degree th a fecliug of anxiety as to tho result in those who were with ber—it 18 not nec her friends, for they may be numbered by the hun- dreds, Since that time the chiid bas been closeted with her grief in the house of her friend, the doctor, WHAT SUK SAYS. ‘The question before the Surrogate’s Court has arisen as to who shall be the guardian of Matilda Heron's child until she is old enough to make ber own selection, Yesterday she spoke for the Arsttime about her present condition and her future prospects, Poor little thing! only thirtwwea years old and alone in the world; thin Hamsburg. Thoy were followed by the brethren | and pale through mental suffering, jee with the larze, of the lodge ana tho family ef tho deceased, | ¢XPressive eyes lull of intense feeling, she spoke o! Wis einish | owas CU Alle’ with” Geleude ef tbe the last moments of her dear ‘mamma’ and showed the visitor the many floral tributes to the memory of her mother which were grouped together on the piano in the front parlor, She had been to see the Judge (the Surrogate); there were two guardians proposed, Mrs, Davidson, of Puiladelphia, her first cousin, and sheaf of whout was deposited upon it, and at | Mr. a. M. Palmer, of the Umon Square ‘heatre. ‘Thero i if ; » "| was some objection to the latter on account of being the same moment Rev, Dr, A. H. Partridge com: | Connected with a theatre, Mrs, Davidson, the duugh- menced the beautiul Episcopal Church servico | tor of Matilda Heron’s sister, was willing to let Bijou remain ut the house of Dr. Carey, and sho, hersell, did not wish to leave, as every one in the house was so kind to her, Mr, Boucicuult wrote a very kind lettor to her, offering to send ber to Londoa to her “tpupa,?? but’ sho refuses positively to leave this coun- father said that he ce bot get along with an e is “mami champion apd bas all of ““mamma’s’’ spirit. >he cannot and will not give up the stage. She 1s now preparing tor hor first com- munion, in accordance with her mother’s dying wishes, Mr. Wallack wrote a kind letter of sympathy to Bijou, and on all sides friendship 1 shown, ‘This is partly on account of respect tor the memory of ber mother, but princ'pally for the poor child herselt, Lett without a mother at such an early age, and do- pendent on comparative strangers, the child of Maulda Heron demands some active and substantial recogni- tion at the hands of the members of the profession of which her mother was such a shining ornament | BROOKLYN YACHL CLUB. ‘The regular monthly meeting of this organization was held list evenmg in tho club rooms, Montague street, Brooklyn. President P. N. Ostrander occupied the chair and Commodore Dickerson was also present, ‘The Treasurer's report showed that the club was in a good financial condition, Colonel J. H. Bergen was elected a member of the club. Rear Commodore Dil- lon, chairman of the Board of Trustee ted that be had arranged for the publication of a club book for the next three years, the ne ary changes in the list of members, yachts and signals to be mado each year, In answer to inquiry regarding the condition of the club house at Gravesend Mr. C. G. Gunther informed the meeting that 1t Was in as good condition as when first built, The Chairman inquired of Commodore : Dickerson if he had anything new to report of the scientitic expeui- tion around the world proposed by Mr. J. D. Wood- ruff, of Indianapolis, The Commodore replied that he did not, but thought that Mr, Woodruf’ would be in New York shortly tn relation to the matter: ‘The proposition of Mr. Woodruff, who i8 a member of the Brooklyn Yacht Club, is to make @ voyage round the globe in a vessel of about one thousand tons, He proposes to sai! under the. flag and wear the unt- form ot the Brooklyn Yacht Club, Permise sion to do this bas not been given. He will be accompanied by about eighty young men who, if the necessary permission 18 given, will ulso sport the buttons and blue of the club, It is pro- posed that the expedition should call at ports and places of interest with the view of making various kinds of scientiic observations. Some of the: me bers of the Yacht Club think that eighty yooug men who can afford to make the two years’ cruise can also afford to pay something for the privilege of the club uniforms, No definite action, howe yet been taken regaiding Mr. Woodrull’s proposition. Mr. Osborn announced that a member of the club proposes to start within a short time on a two years? cruise round the globe in a one hundred ton cratt. Tho voyago is to be one of eps i and on the cruise he would fly the flag of the club and wear its uniiorm, The member's name was not given. Abvut eighteen friends of the gentieman would accompany him on his pleasure trip. BASEBALL CONVENTION, The annual convention of the National Association of Amateur Baseball Players was held yesterday at Cooper Institute. Mr. J.G. H. Myers, the president, made an address to the convention, in which he appealed to the clubs represented to sustain tho association and amateur playing. He stated that the association was at pres- ent entirely free from debt and had a membership ot thirty-five clubs in good standing, and if a strict herence to amateur rules wus continued it would also bo the most powertn! association of 118 kind, The calling of the roll showed the lollowing clubs represenved :— Confidence, New Rochelle, M. J. Dillonand W. H. Waters. Flyaway, New York city, William H, Kelley and J. G. H. Meyers. Jagper, Manhattan College, James Tracey and F, 3. Walsh, King Phillip, Rockiand, Mass., © H. Chebbuck. Mutual, Washington, D. C., Richard K. Morris and Lawson Brovka, Nassau, Brooklyn, Josnua Bunce and J. F. Huge. Nameiess, Brookiyn, Charles R, Hill ana J, G, Val- entine, Hudson, South Brooklyn, John Religh and Ka, Waketiela, Monticello, Jersey City, James Shea, Rose Hii, Fordham, John MeKeana and J. W. Weir, New York, New York city, Charles Gallagher aud J, V. B. Hatield, ‘The following clubs were admitted to membership :— Yorkers, of Philagelphia; M. N, Noiou, of Albany Harlem, of Harlem ; Livingston, ot Newark, and Hud- son, of Soutu Brooklyn. The St, Cloud Ulab, of Orange, N. J., was objected to and was referred to a committee, ‘The Committee on Rules presented a number of unimportant amendments to the constitu- tion and playing regulations, which were acted upon, ¢ lor officers resuited in the following elec- tion. President, John G, H. Myers, New York; Vico President, T. L. Brookes, o| Wastington, 1. C.; Sec- retary, James F, Tracey, of Manhattan Collego; Trea. surer, M. J, Dillon, New Rocheile; Judge Adv J ©. Shea, of Jersey City. Alter minor business the | convention aajourned, FARMERS AT RYE. Six men and a woman, jointly indicted for grand larceny, alleged to have been committed under some. yostorday in the Circuit Court at White Plains, West chester county. The names of the parties aro as fol- Jows:—Thomas J. Smith, John M. Brundage, Hermaa Brundage, Jona C. Brundage, Jona G, Brundage, Rob- ort Cronk and Julia L, Stedwell, “All of the men are understood to be farmers living io the town of Rye, where the woman also resided with her father, Joseph Stedwell, who 18 said to be of unsound mind, Tbe commissioner, of guardian appointed to manage the esiute of Sted- weil, recently leased the farm and dwelling house of the latter to u party nained Sarivs, and this vot meet ing with the daughter's wishes she resolved to check- mate the transavuon. Accordingly, op tue night of the 20th ult. she, with the aid of the parties named, a8 is alieged, Causea all the furniture in the house to be curried away, bo stables were also broken into on the sume night and two bo together With a wagon And harness, wken off, a proceeding which 18 also ‘ged against the same parties. All of the accused eaded ‘not guilty,” and gave bonds to appear for 4 tal, what novel circumstances, were called upon to plead | THE PRINZ INQUEST. CONFLICTING TESTIMONY IN THE NEWARK RAIL- WAY TRAGEDY—WHAT M28. PRINZ WAS TOLD BY HER HUSBAND. . Coroner Bassett resumed the inquest yesterday in the case of Joseph Prinz, the man who was killed on the Newark and New York Railroad in Newark last Friday night, Mrs. Prinz, the wife of deceased, told what her husband said to her before bis death, DORA PRINZ'S STORY. ‘The first witness called was Dora Prinz, wile of de- ceased. She testifled that previous to his death he told her, before ne was removed to the German Hospt- tal, where he died, that he bad been stabbed. He said:—“1 have been stabbed, but 1 don’t Know where or in what part of the body; 1 have not found out.” He also said:—The conductor avd the brakeman bave killed me.” He did not say that they stabbed him; he said the con- ductor and another man pushed him off before the car was stopped, On Saturday afternoon, while dressing her husband, in order to send him to the hospital, Witness found a cut on right arm, He said, +L wus stabbed there by the conducior.” She thinks he had too much pain to teil all the particulars; he bad full sense ail the time, Witness never saw ber bus- band intoxicated, He said be was sitting by the car stove and wanted to change his seat, He got up, but the conductor told bim to sit where he was; he told the conductor that when he got to Newark he would sec whether be had a right to push bim or not, when he lett bis seat to go to the other side of the car he was pushed back into the seat by the conductor; the conductor gave the signal to Stop und then called for assiptance; he said that after he was put off the car he fell down alongside of the e did not know how long ho laid there; he the noise of the coming train, raised his head and then did not Know any more; he said that where he was struck by the train was where he was pusbed off the cars; he said nothing about having been poisoned after he came home, In conclusion wi testified that her husband was a very quiet and pea able man and not of a quarrelsome nature, WHAT A PASSENGER SAW, Eugene F. Righter, of No. 201 Walnut street, testified that he was a passenger on Conductor McVey’s train Friday evening, 9th inst. ; just before reaching Bergen station he saw a man coming down the uisle, currying a black bag, having a very vacant expression on his face; he took a seat in the rear part of the car, facing the stove, and rewarked to the conductor, “Il want a at;”” the conductor kaid, “Why, haven't you got a aty’’ he replied, “It i too hot e,” and then there was much laughter and merriment to @ seat,” or words to that effect; the conductor went into the next car, and the man continued to talk loudly about giving up his ticket; at West Bergen be took an empty seat opposite the one in which be bad been sitting, and when the conductor camo back into the car he renewod his talk about the ticket and his being enutled to a seat; at ast Forry street station the conductor told the man that he would put him off if he did not keep quiet; ho did not “as | quiet and the conductor pulled the bell and said, ‘1 will put you off anyway ;’? he called ona man to help him by the name of Joo; think he 18 tickot ayent at the Kast Ferry strevt station; he and the cone ductor put the man off the train; the man was ry his seat they took hold of him aod with somo littie force carried him to the rear of tse car; one pullod bim and the other pushed; they were both active in getting the man out; the train had just got under way when the conductor gave the signal to stop; there were no threats made, and witness saw uo club or weapon used; the putting off was done very neatiy; there were lights in the car; the man’s clothing was disarranged, and his look and manuer were those of a drunken or insane mao; the conductor did not use harsb Innguago or any unnecessary force in putting him off; the train was fully stopped. Samuel Hauser, a lawyer, corroborated Mrs, Prinz’s testimony as to Mr. Prinz’s account of how he was put off the train, George F. Libby, the fireman on the locomotive which struck Mr, Prinz, testified:—Pringz was fret seen coming up the embankment on the south side and east of the Madison sireet bridge: the engineer gruspod the brace, reversed the engine and stopped as soon as he could; there is a sheet iron cover over the pilot of the locomotive; tho edges are thin and tt could cut like aknite; trom his own’ knowledge witness could not Bay that bis engine siruck the mau, Melville A. Lovell, the engiveer, merely testified to the fact of bis locomotive striking Mr. Pring, alter which the inquest was adjourned until two o’clock this afternoon, MR. SAMUEL R. B, NORTON'S DEATH. ‘The inquest by Coroner McCarthy on Mr. Samuel R, B, Norton, of Far Rockaway, whose body was found in the rear of his barn on Sunday evening last, was continued yesterday. At the frst hearing betore the Coroner Mrs. Norton, wife of the deceased, stated that Mr. Norton had intended visiting the city ou Friday, and that she had given him $50, When the body was discovered loss than $12 was found upon it. The son Frank 18 shown to havo leit Far Rockaway for the city by the touriden minutes past four train on Friday afternoon, He was previously ‘at home about one o'clock, Whether bis fathei jeath occurred in the meantime or after be left to take the train 18 aot definitely known, but there is po evidence of uny se- rious difticuity having occurred between the two on that day. The oid man, according to the testimony given yes- terday, appeared to be very feeble, He summoned help to Ux Lis burn doors, and it 1 conjectured that not beng satisfied with having one of the doors open in- stead of shut be went back jutending to shut the door, when be either tripped or fell ina fainting ft, struck bis bead, which partially stunned him, aud being uu- uble to recover himeeif 10 bis teeble condition perished from exposure and cold, the when found. The only ‘word between the father and son on that day which could be constréed into the semblance of 4 quarrel related to plouguing a portion of tho land. Frank desired to plough and the father objected. The talk, however, did not appear to be of an angry character. Dr. Con way, who assisted Dr, Auerbuch in making the post- mortem e: ination, testiied as to the old man’s feeble condition of health, and was of the opinion, Dr. Auerbach, that (he injury on the left temple wa: cuused by a fall, from which he could not recover, and that death the result of exposure. He thought that the position of the body indicated this, It seems i Was no uncommon thing for deceased to be absent from home without fixing any definite time for his re- turn, The inquest was not concluded yesterday. Thomas Cusick, of No. 30 Rose street, who gave bim- selfup March 4 to Captain Murray after beating and kicking his wife Bridget until she was nearly dead waa brought betore Coroner Elliuger yosterday to await the result of the inquest on the body of the unfortunate woman, who died oa the 6th instant, Several wit- esses ‘Were Oximined—Captain Murray, Michael Ho- gan aud Christian Miller—and the jury’s verdict was that the deceased came to her death trom injuries in- flicted by the prisoner, Captain Murray said that wen the latter gave himself up te said he beathis wife be- cause she had taken $11 out of bis pocket; but he was very much under tho tnflyence of liquor, Christian Millor saw the wretched man beat his wile and drag her bleeding and insensible out upon the landing. Deputy Coroner Cushman testified that in bis opinion death Was caused by compression ot the brain from ex- travasation of blood upon tt, due to internal injuries. The prisoner declined to testify and was committed, THE RIVAL MARSHALS. DISGRACEFUL SCENE IN THE THIRD DISTRICT court, Joseph H, Deane, Deputy Marshal, attached to the Third Distries Civil Court, in Greenwich avenue, was arruigned before Judge Murray, at the Washington Place Police Court yesterday on a charge of assault and battery preferred by City Marshal Peter W. Sajmon, also attached to the Third District Court, Marshal Salmon’s leit eye was ia deep mourning, and Deputy Marshal Deane’s nasal organ showed unmistaka- ble signs of a band to hand encounter, It seems that on Tuesday afternoon a gentieman, a stranger to both Saimon and Deane, came to tho Court tora summons, Ho met Suimon at tue door, who asked Lim what be wanted, and on stauing his business Marsual Salmon proffered bis services. As the two were going up stairs Deputy Marsbal Deane was coming down, and be also stopped the strat and proficred his’ services. A struggie here ¢ between the marshal and the deputy as to should have exclusive possession of the stranger, and he was bur too glad to) make his escape from voth of them out of the building, ‘Then Saimon and Deai renl earvest, and a sort of rough and tumbse tight took place in we haliway. Yesterday, when the deiendant was asked by Judgo Murray what be had to say ior himseit, be replied:—“Why, Judge, this man is a reg- ular brute, He tries to bull-doze everybody around the court, and I have stood it long enough. He told me yesterday I was no marshal—I was only a ‘heeler,’ and I told him he lied. Then he struck meandI struck back,’? Salmon contended that Deane strack him first, but the evidence w contradictory tnat the Judge de- cited to dismiss the compiaint, Judgo Murray, how- ever, told the combatants that be would like to lock both of thom up, as they richly deserved it, and that it was a crying disgrace that two officials connected with a court of justice should make such an exhibition of their brutal instincts before the public. The two rival marshals thon (eit tho court, and with them went a host of ward politicians anu others who had occupied the front benches most of the moruing. LOTTERY DEALERS IN COURT. At the Tombs Police Court yesterday, before Judge Kiibretb, Antuony Comstock entered a complaint against Charles A. Barrow, of No, 607 Broaaway, agent of the Kentucky lottery, tor violaion of the Louery Jaw. The prisoner gave bail for his appearance in $500, Cuarles H. Turris, of No. 176 Greenwich street, ed messenger LO Burrow, Was also urraigned, in the course of the investigation that mployed in bric ging the telegrap! 8 gs from Jersey City, The magistrate held him in $1,000 bail, who | | ardent spirits. | weil known anglers, SHEET, WEEDING THEM OUT. LARGE HAUL OF CIGARS AND CIGARETTES WHICH HAD BEEN SMUGGLED INTO PORT. For a long time past there has been aspirit of rivalry existing between the inspectors of the Custom House and the officers attached to the oflice of Special Trea- sury Agent Captain Charles N. Brackett as to who should make the more seizures of smuygied gonds, os- peelally cigars id cigaretios brought here from Havana, A sbort time since Captain Brackett’s men inter- cepted the steamer Columbia in she bay, and after what they thought a thorough search left her without being able to find anything that was not Fictly in accordance With the law. Inspectors MeCort and Hagan, how followed up this search of the ‘vessel, and their labors were rewarded with Lue seizure of over ten thousand cigars. About a week ago the Havana steamer Vera Cruz arrived here, and the Treasury poopie did not go nearer an examination thaa to take @ cursory glance at (he vessel and manifest; but they kept their weather eye open, and uM anything was found amiss they abstained religiously from giving It apy publicity, MeCort aud Hagan were there also, but found nothing. RACKING THE GOODS. Captain Brackett had been posted as to some irregu- Jarities on board the Vera Cruz, and on Tuesday night ip company with two ol his inspectors, Messrs. Juck- son aud Hussey, made a tour of the wharves on the Norto Rive Waile in the peighborhood of the Battery the trio saw an exp) wagon being rapidly driven down West street, coming from the vicinity of pier No. 3. They toliowed the wagon and saw it halt in Rector street, near Greenwica, in front of adweiling house. ‘The driver unloaded several large trunks and bags aud conveyed them imside the building, alter which he drove off as hurriedly as he came, ascertained the name of the occupants, filled out a Search warrant and despatched bis two aids to the of Judge Fred, G! Gedney, in West . wenty-second street, to have it signed. It was two o’ciock yester- day morning when the officors arrived at the Judge's he and as it was necessary to serve the warrant by daylight, the Judge at once affixed his signature, The premises containing the trunks, &c., were closely watched until daylight, when the officers entered, seized the express load lett there ana con- Veyed the same to the Custom House. On opening the trunks they were found to coutain 6,000 cigars of the finest brands, 28,000 cigarettes, aud a lot ol choice Havana tobacco’ in leal, The latter was evidently abstracted from bales on board of the steamer brought as regular ireight, The cigars aro said to be worth $300 per thousand. THE EMBARGOED SILK. Mr. Samuel McLane, a leading silk merchant, has been appointed Merchant Appraiser by General Arthur, to act in conjunction with General Ketchum, the Gen- eral Appraiser of this port, on the reappraisement of the silks vow dotained in the public stores and gen- eral order bonded warehouses of this city. The tacts of the case, us published exclusively in the Hsrauuy of yesterday, have oaused considerable excitement among the trade, aud as soon as tho reappraisement ts finished A 4 details will show a spirit of rivairy exist- tog in thiB business which will astonish the public, The secrets conuected therewith, as given trom one slandpoint, are startling enough, but it would be uajust at this stage of affairs LO give au’ ex purte statement. A number of experts were cxumining the silk in question yesterday, blank invoices being furnished them by the General Appraiser, which they wero re- quired to fill up, and by these means the government expects to get at’ the so-called “market valus.”” The firms to whom the goods cousigned are of tho highest respectability and riully submit to the annoyance and even heavy losses occasioned by the detention of their goods, in not being able to Hill their orders, Two invoices, one of cighteon and the other of twenty cases, were gone through aad foished yer “terday, and it wili tako several days more to examine And appraise the bulance, after which oral testimony is to be ollerod, which may consume consiveravie ume. Should the General Appraiser and Merchant Appraiser fail to agree, the entire testimony 18 10 be Bub:mitted a + era Arthur, whose decision under tho law 1s mal, General Arthur is enjoined from giving his opinion on this subject aud was even compelled to decline ac- copting a deposit, coveriug tne heavy increase of valuation claimed by the Treasury De ‘tment and tendered by the importers, which they are will- ing should be forfeited to the goverument in the event of a decision being rendered against them. Thus the case stood yesterday. {1 remains to be shown by the government whether the silks in question bave fixed market value in the European inurket or whetuer the value is made here and esteblished vy the prices allixed by the merchants who are to appraise the goods, The tari on sulk is sixty per cent, and the amount involved by the extra claim, it blisbea, besides the regular duty of $600,000, $250,000 aduitional, BUSINESS TROUBLES. In the bankrup:cy proceedings of Thomas R. Agnew, tho Vesey street grocer, who fuiled with nominal lia- bilities of $884,000, which are before Register Ketchum, only five croditors have filed their claims, as follows: — John Taylor, $56,245; Samuel Zeimer, $32,084; Delia A. Jerome, $1,000; Bogle & Lyle, $208; J. G. P. Holden, $25. As sullicient creditors have pot appeared, Jobn H Platt, of No. 40 Wall street, was appointed assignee by the Register. ‘Charles T, Churobill has been adjudicated a voluntary bankrupt before Kegister Alien, He hus liabilities amounting to-$26,000, distributed among a number of Crediiors, of which the following are the sargest:—Mrs, Minnie Churchill, $10,103; Tuird National Bank of Chicago, $6,253; Samuet Churchill, $4.107; Mrs, Mary Churchill, $2,000; Shater, Penfleld & Co., $1,400. He has Lo assets. A mocting of the creditors of Mary J. Tallman, who has carried on a livery stable at No. 318 West Fitty- ninth street, was held belore Register Williams, and alter a lively controversy of two bours they failed to | agree upon an assignee in bankruptcy, and Register Williams appointed Jobn H. Platt as assignoe, William 5, Gavey, a broker at No, 48 Bleecker street, has gone into voluntary bankruptcy and the matter has been referred to Register Ketchum, ties amount to $7,000 and asseta $5,000. The p Ft Fei vee ja the Manhattan Savings Institution tor 2,500, Christopher & Margaret Bensen rday filed their assignment in the County Clerk’s ollice to Clif. ford E. Smith. OPENING OF To-day the edict of the law prohibiting trout fishing in the ponds and streams of this State is removed, and those who, from fear of punishment, have been pre- vented from enjoying the luxury of taking the speckled beauties may from this day until the loth October next give themselves unrestrained liberty in casting the fly. The trout streams and private ponds on Long Island, all the way up on the south #1 commencing at Canarsie and ranning to Fire Place, in Kings and Suffolk counties, wili to-day bo aliv professional and amateur anglers. Tho club will be opened by Recorder John K. I President of the South Side Clup, 1m due form this morning. Prominent among the opening clubs will be the Seatuck, . outh Side Ciub ponds and Green’s River. George Loril- Jard’s pond, between the club ponds and Sayville, will be opened for the first time to-day, Itis the finest rivato pond on the island. A number of Mr. Lorti- jard’s guests left in the trains last evening to be in Teadiness io participate in the opening raid upon the salmo fontinalis. Among the most distinguished ex. perts who wil be present may be enumerated the “Bald Eagle of Currituck,”’ of the Currituck Shootung Club (Mr, George 8. Gelston), cighty years ola and seven feet nigh; Mr. George W. Elder, Mr. L. H. Abboy, Mr. Wilbur (owner of Green’s River) and other A professional cast will be given by Mr. Abbey on Green's River to the various partios gathered thero te A number of young thieve havo their headquarters on the corner of Twenty-first street and First avenue, in the Eighteenth ward, The ages of these young rufians vary from twelve to fl. teon years, First avenue 1s their resort, and they make it a perfect paradise for plunder, robbing small boys, and at Unies, When strong in numbers and mad- dened with liquor, even attacking men, Thomas Mase terson is one of the chief members of the organization, Although but thirteen years of age, he isa jover of ‘The son of Henry Degner, of No, 435 First avenue, was attacked by these young rufiaus on ‘Tuesday evening and badly treated by them. The lather went out to aid his son, When he received, as a reward for bis paternal solicitude, several biows from a long tron tab OMcer F. gave chase to the assailants and succeeded in capturing Masterson, He was ar- raighed at the Filly-seventh Street Court yesterday and sent to the House of Retuge. CHARGED WITH DISHONESTY, ‘Thomas H, Halton was committed by Police Justice Walsh, Brooktyn, to the Raymond Street Jail, yester. day, on a charge of embezziemont preferred against him by Kendall & Platt, produce merchants, of No. 76 Broad street, New York, Tho prisoner, who was a man inthe employ of the merchants named, is accused of retaining certain moneys alleged to have been collected from customers, He denies the charge and says he paid the money over to the firm. PADRONES ARRESTED, Edward Chiardo, of the Society for the Prevention of Cruelty to Cnildren, appeared as complainant at the ‘Tombs Potice Court yesterday against Thomas Donden and Augustus Mazziom, I 8, oh of whom had been caught with @ little girl soliciting alms, the cbiléren playing on violins, The prisoners were heid in $800 bail cach, weet CHARGED WITH BURGLARY. Samuel Essin and Peter Schreyer, two young men, were charged at the Tombs Court y Cohen, on M8th street, a few night were each held in $1,000 bail, rday with have ing burglatiousiv entered the premises of Morris ago, and stolen therefrom 1,000 cigars, valued at $26, The prisoners MATRIMONIAL MUDDLES, THE STORY OF A SIXTH AVENUE LIQUOR DEAI-~ ER'S INCONSTANCY—THE SINGLETONS SEEKe ING TO BECOME SINGLE—LOVE IN THE KITCHEN—AN UNWIFELY RECEPTION, Mr. Thomas Carroll bas been a liquor dealer in Bizth avenue for a good many years and is one of the best known and most popular business men in that thor oughiare. He is especially noted for his amiability and joviality, and like most amiable and jovial m has a decided weakness for the other sex, This dis position, as is not unupt to be the ease, bas led him into difficulties, and yesterday in the Court of Commou Pleas, before Judge Robinson, bis name was on the calendar in 4 case in Which be 1s defendant, the action being for breach of promise of marriage. ‘The story is a simple one, and yet it i# not without its romantic aspects. As long ago as 1871 Mr. Carrol, met a young lady respectably convected and not with. out personal charms with whom he soon formed rela- tions more intimate than the Jaws of society recog. nize. For two or three years they lived together so amicably that the lady's (ricuds supposed they were husband and wile, aud it is said that most of them have not discovered even yet that such i not the case, Suddenly, however, the amicable relations which had existed between them were broken off, and this oc curred at the momeat when the arrival of a living pledge of affection should have sealed there attach- ment. From that time the lady had no occasion to sing the refrain of the latest ditty of the ‘ham tat’? stage— Tell mo, could vou live life over, Would you have it otherwi Are you tired of me, darling Atinwer only with your eyes— for, from the day the baby was bora, Mr, Carroll ab sented himself {rom his love and yet continued to pay the lady's board bills for a considerable period theres after, But an inconstant lover is apt to prove incon. stant as the payer of board, and one day Me. Carroll stopped his remittances, Then the lady brought aa action to racover 95,000 balm for her wounded affections, and the sixth avenue Lothario was sum. moned in an action for seduction under promise of marriage, The case will probably bo tmed to-day, when ali the tacts will be developed, and a pwat little romance i promised, On the lady's part it will be shown that great grict was brought upon ber aud her family by Mr. Carroll's conduct, and even that her brother went insane in consequence before he could mote out condign punishment to the guilty Thomas; whiie on the other hand it will be at- tempted to be proved that atthough there may bi been sin it was not supplemented by avy such heinous condition as a promise of marriage. Like most people in love's young dream the plainti? wrote ietters, aad these letters will probably be brought into court to-day to ponguit her, the case is one in which a good deal of interest i# felt, because the defendant is 80 well known among sporting men and local politicians, and Ibis expected that some of the developments on the trial will prove exceedingly spicy. TUR SINGLETON DIVORCR SUIT, Sometime ago the facts of what 18 known asthe Singleton divorce suit were fully pablisued in Henatp, The action was breught vy Patrick Singleton aguinst his wile Johanna Singleton tor absolute divorce on the ground of adultery, The wite retorted vy counter allegations ot a similar nature, and the trial of the cage touk place yesterday before Judge Freedman in the Superior Court, Special Term, Too parties to the suit were in the humbler walks of jife, but the history of their marital tribulations is strikingly similar to that of other well to do citizens, Witvout recapitulating the “old, old story,” | or minutely describing \ue mutual discord’ of coujugal | suildetity, it 1s sufficient to state that the testimony | Was merely a detailed recital of the story already told on the motion for alimony and counsel tee, which waa | argued some time ago, Considerable merriment wa created by the amusing manner in which one of th witnesses, a German, told his story, This sou of “Faderland” emphasized bis knowledge of t @ bighly dramatic aud characteristic mann descriptions were as clear as mad, and see tickie the defendant exceeuingly. A hearing all the evidence the case was brielly commented upon by counsel, and then suvmitied to the Court for decision 4 COOSED UP JOR. i A few years ago Edward Seynisch was chief cook at the Gramercy Hotel, in this city. A young woman, known by the name of Klien McCaffery, was employed im the hotel as chambermaid, The rest of the story has uleudy been published ia the HinaL. it being ab aflair of love in the kitchen— and lived together for sume tim she says, Seynisch wbandoned hi proceedings were instituted for abandonment, und the case came up for @ hearing belore Justice Bixby, where the procee tings are stil pending, Meantime Seynisch allezes that ho was discovered that his marriage tv the Woman pow claiming to be his wile was “a cooked up job.” that she bad a husband living at the time, aud tuat her forming a matrimonial alli- anee with lim was nothing morcor less than bigamy. On the other side 1t is claimed tbat Mra. Seynisch pro- vious te ber marriage With the man whoge name she now bears was abandoned (or at least #1x consecutive years by Thomas Davis, her first husband; that she Supposed Davis was dead when sho martied Seyniscn, and that all the circumstances of their first marriage ‘The were kuown to Seynisch when be married her, case came up yesterday betore Judge Lawrence, in preme Court, Chambers, on a motion made ou ‘her b hall to have the custody of her child given to hor. ‘This motion was strenuously urged by Messrs. Quinn and Murphy, her counsel, and was vehemently op. posed by Isaac G, Dovie, the opposing counsel, At the close of the argument William J, Kane was ap- pointed referee to investigate the question as to which Was the more proper custodian o! the child. BARKIS 18 NOT WILLING. Leonard Weber was married ia this city in January, 1873, to Charlotte A. Weber, and they continued \¢ | live together until Dece , 1875, when she left bim and went to Europe, his conduct, she says, rendering itunsafo and improper for her to longer reside with him, He paid ber at the rate of §2,200 a year until February, 1877, when he stopped the supplies, and she had to pawn ler jewelry and other property to ratse funds to pay her pi rhe put up ata hotet band that she was willing to return but he took no notice of her messnge. Being totally Without funds she has brought suit for separation from bed and board and to have alimony awarded, Judgo Lawrence, in Supreme Court, Chambers, to whom ap- pleation was made, y rday appointed a referee to examine into the jucts of the case, A MAKRIAGE IN COURT. James Gronney, a truck driver, looked very sheepish when arraigned in the Tombs Police Gourt, yesterday, on the charge of seduction. young woman named Mary Mannion, who tearfully re- lated the story of ber wrongs. The Court looked barsbly at the prisoner und asked him if he did did not want to marry the young woman. This had evidently vot occurred to him before, a8 he looked | up in astonishment and eagerly asked if such a course would set him free. The magistrate replied in the affirmative, and James gleetaliy expressed his willing. ness, Thid was joy to Mary's heart, ai quick! wiped away ber tears and said Chat was all she wan fhe couple were thea bade to take each ot! band and the simple ceromony, as prescribed by law, was performed. The groom kissed the bride at ite conclus sion, and the happy pair left the court room for a bon- eymoon trip along Centre streot, A YOUNG LADY'S ADVENTURE, Miss Julia Baxter, of Dorset, Mags, had a disagree. able expericnce of life in the metropolis yesterday morning while walking dowM Park row, An irres pressible gamin spotted her as likely prey, and while her attention was attracted by some object in the sireet stole quietly behind her and deftly snatched her pocketbook, containing $45, from ber pocket Miss Baxter caught the tad, He squirmed and twisted, and, by a dexterous move- ment, slipped from his coat, leaving the garment inthe hands of the astonished young lady, and quickiy sped away. She then calied *Police!"” and Officer Britten, of the Fourth preeinct, hurried to the rescao, Tae lad was by this me a block away and running like a deer, but the officer gave chase and soon ran him down. During the chase the boy threw away the pocket book, which the officer picked up. At the Tombs Police Court the young pickpocket gave the namo of Michael Whitney, and, with unblashing effrontery, pleaded not guilty, He was held in detault of bail. MR. QUNENZERS REMAINS. A short time since it was announced that the sons of Mr. Qauenzer intended to have their father’s body exhumed, in order to test for poison, by means of which they sapposed his death had been procured, Dr. Marsh, of West Twenty-fourth street, was to have made the analysis, but on exhuming the remains they were found im such a state of decomposition as to ren- der an analysis difficult and barren of any exact ree ; Suit. The coffin was caved in, and a large amount of clay had mingled with the human dust. As clay, es pecially the clay of graveyards, contains a very. large Percentum of arsenic, any analysis in search Of that poison would have been Listactory, us tho prese ence of the poison would not prove anything. Dr, Marsh is of the opinion, after a carofal investigation of the case, that Mr. Qunenzer died from natoral cuuses, and that the certificate of death, assigning cons gestion of the lungs as the cause, was correct, TWO FOOLISH MEN, Peter Kano, residing at No. 582 Gates avenuo, and James Fitzpatrick, of No. 401 Lexington avenue, Brooklyn, employed at the Greene and Gates Avenue Car Stables, to attend tho sick horses, were poisoned in rather a singular manner yesterday alternoon, For some reasou unknown they divided a ballot bollas bait, The balls cone | doona oeiw them and each al 7 1 about sixiy grains each, Some twWo hours elapsed before tue men muie knowo what they had done yned and emetics administer Physicians were su bat witout any oral efteet, the poison bi penuirated their systems After @ short consultation voto their armas, eutertaiued of the it was decided to injeot morphi This was done, but shgut bopes al recovery of the meu, ‘The complainant was a +