The New York Herald Newspaper, March 24, 1877, Page 11

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. THE COURTS. Depreciation in Property as Affecting Payment of Taxes, -——— ++ THE MORRIS ESTATE AT | oe be that Abor charged they standing in court to compel an ucoounting by the as- Bigoce, and that, w ere could t! tion of the assigned estate, which would not be equal to the amou: granted the only tor the purpose of bringing the matter befcre the General Term, as it involved an important question of practice, purpose, Mortgage, by a Bind and Deaf Woman, and Opium-Taking Imbecile. IMPORTANT GNITED STATES CRIMINAL SUITS, NEW YORK HERALD, SATURDAY, MARCH 24, 1877—TRIPLE SHEET. and filed the f of deot fore the Register in io pe ‘The point was Moir & Co.'s devi being entirely dis- were not creditors and bad vo in no event, oven if an acceu y Fecover more thin their propor. of the composition. Judge Larremore application, but intimated that this was He granted a stay of proceedings jor this NOT HIS MARK. Frederick Seibert keeps a lager beer saloon, Jacob Weis supplied Lim with beer avd Car) Mongold with breag, Being indebted to his beer man in the sum of $80 Seibert gave him a note for the amount purporting tobe sigued vy his bread man, This, note the beer man transferred to Peter M. Bioger, but when it fell | due Weis, as it appears, could not pay it and Mongold would not, Suit was thereupon brought by the holder of the note agi pst the supposed maker, Mongold, aero sharma The cage came to trial, yestoraay in the Ma: rine Vou: belore judge §=Sinnouw ane Persons who arenot blessed with the enjoyment of | jury. When’ the. moto” was offered in’ tos real estate are quite apt to look with envious cyes | mony it appeared that in instead of having upon those who have been more fortunate in this regard. The increase of taxes in tbis city during the Past two years would secm, in some respects, to ren- der more fortunate the condition of a non-owner of real estate than the possessor ot large laadea property. A good many years ago James Morris was the owner of Blarge landed estate in that portion of Westchester county which atterward was given the pame of Morrisania out of compliment to hun a8 a principal landowner. Morris died in 1827, leaving a life estate in the property to bis son, John J. Morris, with directions for its trang- for to his children and their heirs, making it in fact a sort of entailed estate, There were sume restrictions aa to the sale of any portion of the land, but these were removed uader a special act of the Legislature passed in 1853. With view to improving the rest of the estate and to meet the contingency of its being cut tion was sold avd the proceeds ew York Lite Insuran: id Trost were tnus placed on deposit. cumulated interest since, now amounts to over $200,000, Receaily a petition was submitted to Judge Lawrence signed by Wilham Morris, b ebijdren and grown up grandchildren, asking the pointment of two receivers of the rents and profits Of the jands still remaining unsold, with directions to such receiver to apply the same, alter necessary out- lays tor the preservation of the lands, to payment of taxon and assessments, aud if there is’ any surplus to deposit the same in the New York Lite Insurance and Trust Company; but, m case of deficiency, to draw trom the funds new on deposit in such company enough to -c such deficiency, He usks tho & pointmont of bis son, Augustus Newbold Morris, and ton-in-law, Fred J. de Peyster, receivers. He says that he has paid the taxes since 1827, but that the axes now ure 0 onerous that he’ is no longer ale to do 80 The tuxes for the last year amounted to nearly $10,000, whereas the income 18 only about $4,500. The reason for making such appli- pavion isto prevent the land being sold for non-pay- ment of taxes, which gale if made now will have to be at great sucritice, whilo the lands aro of great pros- peerive value, Mr. Josepb J, Marvin. a reterce ap- pointed by whe Court, reports tho tacts as given above, abd recommends the granting of the application, whieh 1s also indorsed by the counsel of the petition- ers, Mr. Richard S. Emmet. Judge Lawrence is not vrepared yet to give his decision, but requests a more detailed statement of the facts. Alieged frauds in connection with suits for fore- closure of mortgages aro charged nearly every day in proceedings before the courts. A singular state of facts was given in a number of aflidavits, presented yesterday to Judgo Lawrence, in Supreme Court, | Chambers, and mado the basis of an application to have a decree of sale under foreclosure set aside, in which Joseph Guttman, Jr., a lawyer, was the plaintiff! and Louisa Wilson and Charles.H. Wilson the defend- ants, According to the story of Mrs, Wilson she and her sister, Mary Eggers, who is now deceased, tad been for years the joint owners of the house No. 35 Gouverneur street, She says that in December last a young man came to the house and placed ® paper in her hands and made some statement in regard to it which, being deaf, she did not comprehend, bit told him to come and explain the matter to her husband, which, however, be never id, Very soon after tho fact was told to her that ber aouse wasto be sold under 4 foreclosure sale, Sho lates further that she 16 now over seventy years ot age; that she has been to! tor over twenty-five years and deat for several y that the only way any one could communicate anything to her ts by Spelling letters upon the palms of her hands, and that as to the mortgage she supposed it was fur three years instead of for one year. Her statements were con- firmed in other afiidavits, and it is also alleged im addition that her sister, Mary Eg- | gers, joining her in giving the mortgage, was old and imbecile at the time, such imbecility being greatly agxravated by her persistent Application was Briniuslly wade to Judge Barrett to bave the sale postponed, but be relused to graut it, and tbe property wus accordingly sold upon the 27th. of last month. The ttle to the property not yet hav- ing passed was made the ground of the application to Jndge Lawrence, On reviewing tho lacts, however, Judge Lawrence could sce vo reason fur interiereuce, and so the sale must stand good, DIVORCE BULLETIN. Mooney, ut the closo of the first trial y polled by Chief Justice Shea, and one of them stated that he was not quite clear im bis mind, so that there were seven jurymen in favor of casting their verdict for the p the termination of the second trial the jury were nine to three for plaintiffs, of the steamer City ot recover $5,000 damages for the death of bis son, caused, as 8 alleged, by drinking trom « poisoned cup lett carelessiy onthe cabin table, on the passage of the steamer, Judge Froedman yesterday rendered a decis- Pa tiae le muck vs, Rauch et bill of particulars. out costs. the order asked for is made. with the tacts, $10 costs of motion. of opium. AN | grant Mongold’s name to it ip bis own writing it had his nae written by another, and witha cross preceding the name and not in tho middie of 11, as is usual. Sei- bert, who gave the note to platotill, said be drew it up and pus Mongold’s name to it, and that the latter made his mark to 1. = Mongoid said he never authorized Sei- bert 10 make the note, never authorized him to put his name to it, never made or wuthorized the making ot bis mark ¢o it, and instead of there being any necossity for making his mark, he could write bis ame very weil, of which he gave an example to t jury. The jury promptly found a verdict in bis favor. SUMMARY OF LAW CASES. In the suit of Thomas H. Hays against Benjamin Wood Judge Lawrence yesterday granted a commis- sion for the examination of a witness in Louisville, Ky. Judge Freedman yesterday granted an absolute di- vorve to the plaintifl in the suit of Patrick Singleton against Johanna Singleton, the full fucts of which have eudy been published in the Henan, In the case of Edward Simon & Brothers vs, Simon nuilé and only one for the defendant. At In the suit of Jobn Syalt against Captain Kennedy, russels, which was brought to ting the execution against the person of the ant, DECISIONS, SUPREME COURT—CHAMBERS, By Judge Barrett, Hoffman vs. Burke. —Case sot ted, By Judge Davis. Smith ve Smith,—weerce of divorce granted to plait, By Judge Lawrence. Brush vs, Hackett; Grismond vs. Roberts, and Gras- —Granied, Order granted, Bond upproved, ‘estern Union Tolegraph Compa- O'Reilly vs. The ny.—An explunation 1s required. Dutch vs. Van Doren.—the sureties are sufficient. Gutman, Jr., vs. Wilson, —Motion denied, with costs, Bear vs. Levy.—Motion granted and cause set down for Friday, April 9, 1877. Naylor vs, Mechin.—The plaintifl’s attorney will not be appointed receiver, &c. Matter of Morris.—1l desire an explanation from counsel, Gillilan vs, Mittnacht et al.—Let an attachment ise sue und interrogatories be flied. Jessup vs. Bangs.—Motion to overrule the answer as [rivolous granted. (7 Cenut vs, Royet, 5 Sant., 40.) Remsen vs, Forrester. —Motion demied, with cous. Memorandum, Loines v& MeDermott.—Motion denied, without costs, Memorandum, Whitney vs. Leonard,—Order of arrest vacated. Scotiela va, Porkins.—Tne deicndant is entitled to a Motion granted, Young vs. Karl. —Motion for juaginent denied, witn- Memorandum. Rosove va. Flinu.—The counsel opporing the motion should at least state the grounds on which it is re- ed. The motion was suvmitied, butlam asked to an order whicu recites that, after hearing counsel, This 1s not in accordance Berghaus vs. Strook.—Referred to John J. Lamber- zon, Esq., 00 take proofs as to the service of the sum- mons and complaint gn tho dolendant, and to report thereon, Auflurth vs, Schmaldecke.—Delauit opened on con- dition that plainufl pays costs before notice of trial und Cause will Ve restored to its place on the calendar, and must be tried when reached, COMMON PLEAS--CHAMBERS, By Judgo Larremore, Shaw vs. Babcock; shaw vs Blamenthal; Sistare and Dang vs, Tilt et al Motions gs vs. Brown; Matters of Pottsberg, Schneider, Hess and Welsh, &c. ; Haviland and another vs. Grigg} Haviland vs, Grigg, and Harding vs. Jefferss—Applic tions granted, ‘Matter of Fierx.—Gaardian appointed. Wille vs. Hiller et al.— Application dented. Westcott vs. Smith.—Unere is no authority for granting such an order, By Judge Van Hoesen. Plonsky vs, Japha,—Compleint distnissed upon the Divorce suits still continue to occupy toalargoex-| Me Coun CHAMBERS. tent the attention of the courts, Among the most ‘By Tudge tab dae recent applicants for divorce is Mrs. Marie Dachaucr, Black vs. Bastine, Fergason vs. Duffy, Lynch va, who asks to be divorced from her husband, Louis | St. John —Opimions Dled. Dachaucr, Inher complaint she says that they wero married in this city on August 13, 1860, and lived to- gether untilihe 24:b of lust June, She charges that her husband between the Ist and 15th of June last committed adultery with Mrs, Kegina Roos Steinway, wife ot Mr, Steinway, who has since -procured a dt- vorce froin her on account of such adulterous connec- tion, Her further statement is that her husband left for Europe on the 24th of last Juno; that he met at Paris Mrs. Steinway, who left in a prior steamer; that he (00K Mra Siewway to a country place he owned at Insoingen, 1 Lorraine, France, and lived with ner most of the tume, excepting a brief interval spent im @ European tour, until bis retarn to this country in the following October, Having learved of this liaison ob the part of her husband sne at | 4 vce instituted proceedings lor divorce, and the sum- mons and complaint were served upon Mr. Dachauer at tue Westminster Hotel directly alter iis return to this 28th inst, atten A. dM, payment of $10 costs of motion. Appendix, p. 44) Mepride vs, Goodkin, —Tho surety may justify on the $10 costs to defendunt to abide Motion denied. No costa. McCall vs, Mufray.—Third person ordered to pay $55 66 Keller vs. Phelan, —Order to pay $473 79 granted. MeCallum va Bloomfeld.—K, Jacobs appointed re- ceiver, Merchants’ National Bank vs Hyslop,—Motion granted. Solomon vs, Hamburg.—Discontinuance allowed on (Seo Marine Court ‘Cohen vs. Schonsees, Jewell vs, Beardsley, Ames vs, Morgan. —Deiauits. Hardey va First Mate Thackler,—This case falls within the general rule that torts committed on bourd {orem ship on the high seas must be considered us having occurred within the territorial limits of the foreign Bation to which the ves! parties baving the sbip’s eqaipa; 1 belongs, and the though’ actually country, According to her further story it would ap- | Bete, are ju law considered 4s remaining withiu the pear that the alleged derelict husband did not fancy | foreign jurisdicuop. Ibe plainti nas not been regu- Higuring us defendant in a divorce suit, and conse- | larly discharged from the vessel, und is not a resident quently returned forthwith to Europe to hischateau at | oF citizen. Under sch cireumstances this Court de- lnsuvingen, Where Mrs, Steinway, as the plaintiff ul- leyes on iniormation and belief, is now living with him. Upon this state of facts sho not only asks tor « divoree, but also requests the Court to compel her husband to provide a suitable maintenance jor her, Judge Lawrence yesterday appointed John R. Gerond- lett a releree to investigate tho facts of the alleged adultery and algo the sum proper to be given to the plainuil tor ber support. Arthur Terry is auxious to have tho marital relations severed betwaon himself and his wite, Hattie E. Terry. He charges her having committed aduitery with William M. Rogers at Manassas, Va.; at Washington, D. C., and inthis city, Judge Westbrook yesterday tramed the issues for trial, which will probably take place some time next month. James White charges bis wife, Mary White, with forgetiulness of her marital vows.’ He says they were marfied in January, 1871, in tiis city, and lived to- gether nearly torce years, when he discovered ber inti- delnty. indge Lawrence yesterday appointed Mr, Kulus F, Andrews referee in the case, In a suit for divorce, brought by Conrad Pinehes against Mary B. Pinches, Judgo Lawrence yesterday appointed Janes L. Millor relerce w take tho tesil- mony in the case. Rebecen H. Burns thought her matrimonial troubles were ut an end whet sho optaned adecree of divorce from her husband, Louis if, Buras. The bill of costs, se $242 97, has not yot, however, been liqui- dated by Mr. Burns, and Judge Lawrence yesterday granted leave to issue an execution upon a judgment, A BATCH OF CRIMINAL CASES, The calendar of criminal cases was called yesterday in the United States Circuit Court by Judge Benedict. The principal cases tor triat are those of the United States ayainst a number of parties indicted on a charge | © of complicity in Western crooked whiskey transactions, and the United States against Charles 1, Lawrence, Henry M, Williams, Lafayette Graf, Morris Hess, Herman Hersch ana the Haas Brothers, todicted ov a hoefer, counsel for a majority of the defend. vuts, announced that on the Yd of April next he will offer a plea in abatement or move to quash the indictments, op the ground thut under the statute of limitations the time bas expired within which the law tequires that suit should be brought. J» relerence to the whiskey prosecutions it is ausnort lively stated that Judge Blavebtord’s decision dis- tiesing the complaint in the caso of Boyd and Hall will not cause the abandonment of the trial of the cases bow on the calendar, but that they will be vigorously pushed by the prosecution, ACCOUNTING BY ASSIGNEES. Aborr, Moir & Co, applied to Judgo Larremot the Court of Common Pleas, to compel the neo of M. Herman to account under the State jaws, In answer to the application it was shown that Hormaw ‘had obtained 10 bankruptcy proceed. ings in the United States courts a composition ot his debts, in accordanee wiih the Jaws of the United States, and that, the composition notes were tenderad to Aborr, Moir & Co, Who refused to accept them; that Aborr, Moir & Co, were purtics to the composition chines jurisdiction. Clements vs. Moran.—Motion to set off judgment de- nied, with $10.costs. The objections urged are. more numerous than those which Viimar, in which av opinion vs, Doelge way; Levy. Louis Kinemunt, Eleventh street, was arraigned at the Bar by Assist- ant District Attorney Bell on an indictment cuarging | him with felonious assault. 11Uh inet, he became onguged in a quarrel in Cunton street witha youth named Joseph Buker, of No. 63 utreet, The case of Will for complicny 1 the robbery of a large namber ot diamonds on the 27th of January Inst, was resumed It will be remembered that on the cross. | examination of the prisoner on Thursday lo declined | to answer several interrogatories put to him by Age | sistant District Attorney Lyon, but that subséquentiy, | by tho advice of his ‘counsel, ex-Sudge G. M, Curtis, and the permission of Judge Gildersleeve, he consent to reply. The quostions chiefly referred to tho Texas lands the prisoner claimed he owned, and npon which ho roposed to negotiate several loans. nas, they cost him in the absence of documents relating thereto, He LW, Pearce, Prosident of the Galveston aud San Autonio | the Central Oilice, yesterday. ‘The detendant is discharged, sted im Johnson vs. $s tiled Mares 21, 1977. Company vs. Burtis,—Motion Bridgeport Brass ranted; $10 costs stricken out and the defendant to | @ examined in open court, Smith vs. Hawley.—Detendant’s motion denied, with liverty to renow alier $10 costs 10 plarnuif to abide event, not decided, Ach vs. Baebler.—-Decision fled. Compton vs, Sedell; Kay vs. Whitney; Gannon vs. mg answer in action No. 2; Plaintif’s motion ; Dobue vs Ausobn; Bacijor Irvin'vs. Con- ewman v8, Doe; Kelly vs. Smith vs, Maghe —Orders granted, GENERAL SESSIONS—PART 1, Before Judge Suvbertand, HE KNIFE AGAL aged eighteen, of No, 540 Rast It appeared that on the itt and stabbed him, inflicting serious injuries, He ound guilty and sentwnced Lo Hive years’ :mprison- A BURGLAR DISPOSED OF, Michael Donnelly, alias James MeNamara, of No, 105 Washington street, broke into a store at No. stole & quantity of cioth vained at ty was found in bis possession, guilty be was sent to the Siave Pri 4, and 200. The pro a having plead: son for three yew MORE PENITENT MILKMEN, ‘The following named defendants pleaded guilty to the chargeot selling adulterated milk in violation of 1 conspirucy to smugele goods. Tne WiNsKoy | the ordinance of the Bourd of Meaty and were dis- own for w lurthor beariag on Wedneé- | posed of as follows:—Johu No. 9 Wille y next. Im the conspiracy cases ex-Judge Duten street, and Diedrich Peters, No, 136 Seveuth strect, were fined each in the sum of $50; 540 Kighth avenue, and Joby Pean street, were fired euch in the sum of $25, Heorge Neufter, No. 0, 295 Broome GENERAL SESSIONS—PART 2, Betore Judge Gilderslveve. THE YIAMOND RofBeny, n F.C, MeCarty, who is on triai mentioned the name of | tainiliar with the merits of the action of the assistanc Saivey Company, as baving had business transactions with him, The name ot the indorser of one of his notes, wbo lived im the vicioity of Eighth avenue and 100th street, he had forgotten, Several letters were pro- duced in bebalf of the prisover showing his business Felavions with firms in London. The witness further ami is property report, in order 4! ments might be verified in reierence to proposed contracts for its purchase, He said he had nover before been arrested on any criminal ‘ge. In ro- ply to Mr, Lyon the witness said een twice married, his first wife having died in 18’ having \ost diamonds entrusted to his care on previous occasions; be jurther stated that he went to Egypt to Jom the army, but that the climate of the Nile prov- img too warm for his health he was compelied to leave; he had also been offered commissions by Don Carlos and inthe servian army. In reply to the question whether ne owed any little bills in Lon- don, the witness said it was the custom of tho country to tradesmen once a year; the witness further detailed bis business deal- jugs in London and bis prospects as an importer in this city, Alt bis plans were stopped by his arrest, Mr. Thomas W. Sampson, uetective at the United States Sub-Treasury, was callea by Judge Curtis as to the prisoner’s character, and as to whether he bad ever been ted by him in preventing frauds on tl governwent. Mr. Sumpson said be knew notbit against the prisoner; the latter question, howeve! was excluded. The witness knew the prisoner in Lon- don, where be carried on business, he believed, as an importer, in Old Broad street. The prisoner aiso be- longed to several clubs and moved in respectable so- cial circies, Owing to the absence of several of tho prisover’s witnesses the further hearing of the case was adjourned until Monday morning. COURT OF APPEALS, Aunayy, March 23, 1877, Jn the Court of Appeals to-day the following busi- nes was transacted; present, Hov. Sanford E. Church, C. J., and associates :— No. 136, Jacob H, V. Cockcroft, appellant, vs. the Now York and Harlem Railroad’ Company, respon- dents.—Argued by Charles U. Binck for appellants and Francis Kernan tor respondenis, No, 287. Edwin R. Brink and anothor, respondents, vs, the Hanover Fire Insurance Company, appellants. — Argued by Sumuel Hand for appellants and Charles H. Hatch for respondent, No, 239. The Western Transportation Compeny, appellants, vs. Jesse Hoyt and another, respondevts,. Argued by Henry W, Jobnson for appellant and ©, Van Santvoord for respondeats, Case still on. CALENDAR. Tho following is the calenaar tor Monday, Murch 26, 1877:—Nos. 241, 242, 245, 260, 181, 240, 253 aod 255, THE TRIAL OF SWEENY. POSTPONEMENT OF THE TRIAL UNTIL THE FIRST MONDAY OF JUNE--JUDGE WESTBROOK'S REA- SONS FOR THE ADJOURNMENT. As stated in yesterday’s Huraup, the trial of Poter B, Sweeny upon the $7,000,000 suit will not be begun upon the first Monday in next month, as originally agreed upon, but has veen postponod until a month later, the stumbling block in the way of an earlier trial being the engagement of the senior counsel for Mr. Sweeny inthe Emma Mine suit, from which he cannot very well withdraw in ils present advanced stage. Judge Westbrook gave yesterday the following written explus nation of his reasons for granting the motion for the adjourument:— ‘Tho trial of this action has beon so often postponed that tho present application is entertained with great reluctance, it preseyis, however, this unusual feature—the loading counsel tor the defendant bas been for several weeks engaged tn the trai of an im- portunt case in a federal court, and the Judge holding such court has, upon his own motion und against the wish of counsel, postpoved its rial until, substantially, the time agreed upon for the commencement of this, AS the two engagements of counsel conflict, wud a8 the attendance of scveral witnesses irom abroad upon the cause in tho federal court, who have already been thus detained tor some months, renders the post- pouement of the action exceedingly unjust to such persous, the defendant applies for an adjourament of this wsue, urging the general practice in this aistrict 0 to do When a contingency such as bas now arisen exista, ‘To reuse it will be to deprive the party who has relied upon the counsel employed and bas become of one in whom he confides, and whoso place, at this late day, cannot well be supplied, As the ‘effect of granting tbis application will not, provided the trial is hot unreasonably delayed, work ‘any reai prejudice to the plaintifl, 1 see no good reason Why the ordinary and general rule should not be followed. While grant- ing the motion for a postponement, however, it is but just, as every indulgence bas been extended to the de- tendant, that certain terms should be imposed. First—Tho delendans must stipulate absolutely to try at tho time now assigned therefor, which, on account of courts to be held elsewhere by the Jud, holding the present term, is fixed for the frst Monday jn June, . Second—It 18 very unusual to detain a jury, the names of the persons composing which are well Know to try an issue Where Buch trial is wo jong a ‘The retention of those jarors subjects the udm tion of Justice to hazards which should vot be encoun- tered. “The defendants must, therefore, stipulate to waiye such jury and consent to the striking of a new one. No feflecuon is hereby intended upon such jurors, or either of them, but it 18 most manitest that in a cause which has bees so loug before the public eye, perbaps insensibly to themselves, they may have obtained views which may jotluence their action. Third—At previous adjouruments counsel have in- formed the Court that they would be able to agree upon and read certain portions of the testimony taken upon the trial of tho action aguinst William M. Tweed, Reterence is made to th ‘idence of tue bank clerks given upon such trial to prove the bank accounts of certain parties other than the deiendant. No good rea- son is seen why that testimouy should not be read upon the trial of this action, subject, of course, to such objections a8 could be made were the witnesses pres- ent and examined, This arrangement bas been re- peatedly talked of as one likely to be made, and it ought, as It seems to us, to be carried into ollect, From knowledge of such evidence it 1s apparent to the Court that this stipulation should be given, and that by doing so no substantial right of the defendant would be jeopardized. The Court will convet it the time now fixed for tl trial of this action to carry into effect the conclusions herein stated, Itisdueto Mr. Peckham, the counsel for the people, to say that the presvut order is not made with hia concurrence, he having opposea the same; but on matare reflection it has been deemed but just to grant the continuance asked for. CHRISTIAN SCHAEFER'S ESTATE, The auditor appoited by the Surrogate in the matter of the accounting by the executor uf the estate of the deceased brewer, Christian Sehaeler, held another sitting yesterday alternoon, Only four witnesses were examined and theif testimouy was adduced to show that by or- der of Schwanner & Amend certain work was done on the brewery for which they paid, The witnesses were Charies Lang and Willam Spituer, of the firm of Spittier, Dobler & Lang, No, 447 West Forty-lifth street, wno did work «mounting to $4,148 66 on the brewery, Joseph Milles, a carpen- ter, testified that be did some woodwork, amououng to $839 and Mr. Frederick Spiess testified to the receipt of over $1,000 trom the executor of the estate for work done belore Mr. Schaefer's death, The three witnesses first naiwed sald the work done by them was necessary to the conduct of the brewery business, the woodwork and machinery being sndly in need of re- Charles Kersten and Henry Kunger, Inds of fifteen years each, were arraigned at the Tombs Court yoster- day charged with stealing Jamps from the Ives Lamp Company, whers they bad been employed, Tho young culprits pleaded guilty and stated that they sold ihe stuien property to Jobn Conlin, who keeps a imilk and lainp store at the corner of Division and ex streets, Conlin was subsequently arrested and held in 2,000 bail. The boys were sent vo the House of Retuge. AN UNDUTIFUL DAUGHTER. Catherine Meehan, a fooble old Indy of over seventy years of age, called at the Tombs yesterday and void a pitiable story of heartiessness on the part of her daughter, Catherine Maloney, who beat her and fre- quentiy attempted to steal ber hard earnings to spend jor drink, Judgo Flammer granted a warrant for tne undapiful daughter's arres A DISHONE: if SMITH. Robert S:aith, a colored man, formerly a waiter on the Plymouth Rock, has a wile, who resides at No. 174 West Twenty-ninth street, whom he has been accus- tomed to wiait at intervals during bis late sojomrm at Philauciphid “On the 7th of March Mrs, bmtiy Tasker, of No. 1,613 Garver street, W’niladelphia, employed Smith to @ trunk, containing $600 worth of wearing 8p} to the Pounsylv¥ania Kairond depot, He took the tunkeim charge, but fatted to bring Mrs Yosker back ¢h@!@hecks for it Shortly after this an old colored WOman, etnployed by that indy, iniormed her that Smith Wald fled to New York, Mrs, Tasker came here and laid, the case beiore Captain Williams, ol tho twenty-ninth precinct, Who put it in the hands ol Detective Senimeatberger. Yesterday the latter ar- rested Smith at the house of his wife, Detective Bowland, of Philadélphia, came here with a warrant, nd Smith shold unt the requisivon be signed by Governor Robinson, The prisoner admits his goilt, and bas Wivulged the place where the stolen property 1s concealed. John Nolan, of No. 500 Broome strect, was arrested charged with stealing « coat from the store of Jessup & Co. wt No. 256 Broadway. found in his possession A BOY PICKPOCKET. The stolen property was Hocoald not state | is books and | Patrick Barrett, a boy, was yesterday arrested while In the act of picking the pocket of a Indy at the corner of Tenth street and Broadway, by Detective Wood, of SC pen en A eR NR at ne Ree Ee throughout, and wero onevot the parties who originaliy ut Herman in ban! PASTORAL AFFECTION. SCANDALOUS CHARGES AGAINST REV. D. M. M'CAFYRAY—A DISGRACEFUL SCENE ON THE PUBLIC STREETS. On Third avenue, near Thirty-ninth street, is a small building between two higher ones, which is or- pamented on the outside with a sign telling passers by that hero is “Tho Church of Our Saviour, Protestant Episcopal.”’ This edifice s governed by the Rev. D, M, McCaffray, who weekly points out to his opparently small congregation the way to heaven, Mr. McCaffray is not handsome, but ts dignified in his bearing. He ‘once was ussociated with the Rev, Dr, Stephen H. Tyng, Jr. Underneath the Church of Our Saviour is an eating house and a lager beer saloon, and the en- trance to the house of prayer hes between the res- taarant and beer garden. Little did the neighbors ex- pect any odd proceedings from the members or the pustor of the Church of Our Saviour, But ov Thursday might there was the queerest sort of an affair, Mr. £. R, Leavitt and bis wife, Adelaide, live at No. 798 Second avenue, He is tall and good Joong; she is small of stature, nicely dressed and pretty. Mr. and Mrs. Leavitt bave for a short while attended the Church of Our Savtour, About the 1éth of March Mrs. Leavitt, it appears, visited the Rev. M. McCaffray on some business connected with the church. Ho was alono when she called, and, according to her statement, took advantage of this iuct to make free with her and Indulge mm ungentiemanly remarks, Among other actions of his was the seizing of hor by the arm, kissing her and asserting his love tor hor. Mr. Leavitt when first informed of the outrage by his wife went with ber to Judge Smith, three or tour days ago, at the Fifty-seventh Street Police Court. Tho Judge said that a warrant should be issued i! as- saait were proven, A SIDEWALK DISCUSSION, On Thursday night about twenty persons, men, ‘women and children, were present at the ing ser- vites of the Church of Our Saviour, Everything passed off quictly till after the praying, singing and good advice of tho pastor was finished, Then another and widely different meeting was held on the sidewalk. Rey. Sir. McCailruy and his sister strolled out inv the street, When before the pastor’s sight loomed up the figures of Leavitt and his wile Adelaide. Leavitt ap- proached Mcnafiray, and while they talked terce and looked flercer McCallray’s sister and Mre, Leavitt did likewise, From the lager beer saioon a crowd looked on and applauded each combatant in turn, while ovo or two Of the diners in the restaurant xo tar forgot the inner man as to join the audience that now galtered from here and there. Leavitt charged the pastor with bis oflence, and a shout went up from the sympathizers of the enraged husband, Theu McUal- {ray hotly ugserted that be who sought to drag down his pame from the proud station it was io wax a fool anda madman, Cheers trom tender hearts and stout men warmed o eloquent denials of the harassed minister, Mrs, Leavitt blushed as she told uf the out- rageous treatment she had received. Then the mins- ter’s sister, in his defence, spoke of the breath of oal- umny being wasted on her brother, and dared the de- monk of scandal, the foes of peace, the destroyers of character to do their worst, ADJOURNED TO A POLICE STATION, OMfcer Foley uvout this time put a stop to the quar- rel by bringing the principals to the Thirty-fith street station house, Hore the war of words was kept up, until the sergeant, seeing that novhing coula be done to solv the problem of who was to blaine, sent But the Leavites were not to be thus d yesterday they were before Judge Smith a Fifty-seventh Street Court, and Mra, Leavitt made an affidavit against the Rey, Mr. MeCaflray, and to-day the buttie will be renewod. ‘THY SUNJKOT IN COURT. Judge Smith refused to allow tho affidavit of Mrs. Leavitt to be seen, but a Hexap reporter by visiting the scene of the conflict and hunting around in the neighborhood discovered the following additional tn- formation :—Mr, McUaffray was not as visible yester- day as be has be None of his neighbors could tell anything of bis whereabouts. The cburoh, which 16 usually open tn the morning, was shut yesterday. Mrs. Leaviu’s story 18 that her husband, to whom she has been married some Ue, 18 a house painter. Their only child 1s a little girl. For sume time she and her husband have lived at No. 798 Second avenue. She was attracted toward the Chureb of Our Savior, in Third avenue, by seeing an advertisement in the news- paper, She visited the edifice about ten days ago, and was surprised to bo there accosted by the clergyman, and to be thus talked to:—"Madam, good day; I am pleased to see, you here, It is your frst visit, bute like your face, and I hope you will become one of us. Tam certain we shall be great triends.” On the 15th of March sho visited the church, as stated above, to get some relief tora poor triend. She found Mr. Me- Cafiray in his library, He came out vo meet her, and, het object of charity stated, sho was moving away down the stairs when the pastor foliowed her and put his arm around her neck, He then kissed her and tried to induce her to go up stairs tuto the church again, telling her he loved her end her only, aud that she should reciprocate his tender feeling. Sho reluged to do anytuing of the kind, and hastened away. On Tuesday, the 20tb ingt,..sbe informed her husband of the offence, Then followod the appearance betose Judge Smith, the btreet scone on Thursday ning, the second appearance in court yesterday and the isauing of # warrant on Mrs, Leaviti’s aflidavit for tho bringing into court of the accused pastor. THE POST OFFICE VINDICATED. OFFIC. CONFESSION OF AN ERRING CLERK OF A PUB- LISHING COMPANY. For somo time past a prominent publishing house on Broadway has been losing valuable letters, containing subscriptions in greenbacks, money orders, &c., and finally notified Postmaster James of their losses. The Postmaster immediately placed the matter in the hands of Special Agent Sharrett, who is an export in working up such cases, and he set to work at once to ascertain where the trouble lay. The Post Mice, it 1s under. stood, has to look both ways in the interests of tho community, inside the office itself and outelde when- ever a clew can bo obtained toward unravelling a mystery. OPERATIONS OF THR SPECIAL AGENT. The Spoctal Agent first suspected that thero might havo been a lapse among the section offices; but aftor ‘a caretul system of tests, in this case an extraordinary one, it was evident that the criminality did not exist im the Post Office, A series of tests was then commenced on the publishing house referred t nd after three days’ trial the difficulty was solved. The pilfering was traced to a young man of highly ro- spectable connections, in the employ of the firm, and who enjoyed its entire confidence. He was detected by means ot a decoy letter, in which marked money was enclosed, and which money,was found in his pos- session. ‘The erring clork had, to avold detection, burned the letter; but the telitale money being discov- ered on bis person the evidence of his guilt was clear, When be was iirst contronted by the Special Agent, however, (be acuused denied the charge and put bim- selt on bis dignity, being sustained probably by the illustve idea that, having destroyed the letter, all evi- dence of his criminality was thereby obliterated, But the presentation of the marked money, guost, betore his eyes, overwhelmed fim with conster- Bation, and he soon confessed bis culpability. CONPKESION OF TILK ERKING CLERK. Ho gave his name and residence, the length of time he had been with the publishing firm, and stated that the complaint of the non-receipt of & few lewters con- taining remittances suggested to him the thought, Why could he not open letters, appropriate the con- tenis and have the blame thrown on the Post Office t “1, then,” ho continued, “began to open the leuers some siX OF Keven months ag, abd alter baving ab- stracted the money destroyed the Jetters until about 9 month ago, when I opened Jetters not con monoy. | resealed them, and they were sent in ower letters to the proprietors. 1 will say that no basiness letters were destroyed, bar what let. ters wore 80 disposed of contained valuablo en- closures, money and money orders, It 8 difienit for me to estimate how much moucy Ltook, The number of letters | nave opened was about 100, he accused expressed greut penitence for what be had done, said ho had always been honest unttl tempted as above stated, and had nobody to blame but hiinselt. ‘ue Post Uitice having periormed its functions and tenced the crimiuality outside its precincts the uw is now left in the hands of the pubgishing firm wh made the complaint to prosecate or otherwise, The case 18 an interesting one, Inasmuch as it is caloniated to admonish conudenual clerks and ot im intimate connection with business houses that 11s not sale to rely upon making the Lost Office respousible for there derelictions, “Let us not be led into temptation” would be a safe motto for those who feel that way in- choed, LIKE FATHER, LIKE SON, In Nowark yesterday the polico arrosted a young man named Gustave Zirovh, Jr, ona charge of hav- ing, op the night of December 20, 1876, robved & Mrs, Elizabeth M. Hatch, of No, 25 Mercer street. dirs. Hatch alleges that on the night im question she was going through High street, newr Waverly place, when she was seized by some one who applied a handker- chiet to her face, when she became unconssous. The next she knew she was being put out of a barber's shop op Clinton avenue at an early hour the next morning, when she found that she nad been robbed of $133 aud her watch and chai. She reported tho case at Police Hondauarters, and a dotoctive was detailed to work up the case, He could tind no trace of the robber, how- ever, until recently, when he learned from Jobn Kocbor, « boy employed in Joseph Barbain’s barber shop of Clinton aveoue, that Gustav Ziruth, Jr, was in the shop on the morning of December 21 at an early hour, and that be had @ poeketbook on his person, ‘The detective atrested Ziruth, and om searching hit found a handkercbiet belonging to Mrs, Hatoh on. tis person. Ziruth and Barbain aro already under $1,000 bail for robbing A Man in the sirects, Ziruth is a son of Gustave Zirath, ono of the parties who were indicted in conection with the famous District sate burglary. The elder Zirath has anything but @ sound record on the Jersey criminal dockets, AN UNCMOGOVERNABLE LOVER, 4 PHYSICIAN'S PERTINACIOUS WOOING—As- SAULTED BY A WOMAN, DISCREDITED BY His BROTHER, KUT TRUE TO PRETTY EMMA. A most angular case was up before Judge Smith at the Fifty-seventh Street Court yesterday afternoon which defies solution in its present state, Martin ysieian, residing at No. 876 Lexington uc, Was summoned some time ago to visit a sick Jandy named Newton, residing near by. He went to the house and directly became attached to his patient, aud it was soon evident that his visits were no longer those of a physician but those of a more deli- cate nature, He came at last to love the lady, and when he told ber this she acknowledged that sho foved him, Then camo the slip between the cup and ‘the lip in the well bailt person of Moriecroft, a park policeman, who was the uncle of the beloved lady. Morscroft and his wife, though with a family of their own, took to their house and bome Emma Newton aud another sister whose parents refused to support them, Emma grow up to be pretty, with long, biack hair and dark, beautiful eyes, Her sister also was quite good looking. Emma became attached to a young geatle- man and they wero engaged to be married, She had reached the age of eighteen when young McGovern turned up, The youthiul Doctor bad been calling only ® short time when suddenly Miss Newton transferred her affections to him. The fam- ily became alarmed and enraged. They were sorry they bad ever permitted the entrance ofthedoctor, But they could do nothing now except koep the objectionable man away, But McGovern was not gomg to stay away, He came to the house at all times. While Morscrolt, the park policeman, was en- gaged in keeping the poople’s playground in order bis niece was being called upon by McGovern, The upshot soon came. McGovern was assaulted, thrown out of the howse, and by no other than Mrs, Morscrort, On Thursday MeGovern lodged complaint against his | lady useailant, Yesterday a nuiber of the parties in- torested put in an appearance. First there was Mors- croft, angry und red faced, irequently interrupting the Proceedings of the Cour outside the doc He was loud in asserting that had McGovern conie when he was at home a quick exit would have been the Doctors jot Then there was the —_policoman’s wile, quiet lady, evidently not used to aquarroling life nor ‘one who would casily ussail any body. She shook her head anda vold how the irrepressible lover hau toreed himself Into bedrooms and the tike at all times, often At upseasonable hours. Then four young aud pretty girls—ao Ht sight to see so much of youth anu beauty ‘And innocence ina police court—were ranged, three against ono other. The two Misses Morscrott spoke angry words to Miss Emma Newion as she lay on Wwe sotu in the private examination room, and even the other Miss Newton saw tit to bo cross to the poor sister. ‘Thon there as the’heroive hereell, crying and acing as if she were going to ut. Finally, MeGovern’s brother, James S., who stated most empvaticaily that his brother Martin was in the wrong and not to bo truzted. Ratuer w mixed up affair, which was still more muddled before it was over, MARTIN CALLS FOR JUSTICE, Martin McGovern expressed bis desire to have Mrs, Morscroft tried for assault, Miss Emma Newton was atraid to kiss the Bible, trembled, aud cried when ad- dressed by the Judge, and seemed not to know which vf all the parties present to fear the most, She said that sie had originully gent for the physician; that she had gone to ber uncte because she had not been sup- ported by her father; that she bad encouraged the visits of the physician, liked him and would continue to do so, Then came Mr. and Mrs. Morscroft, both of whom told how MoGovern had conducted himself, forcing his way into the house, riuging door bells, calling at all hours and proving a pest. said ho came as a peucemaker, Hexnew both parties and neither famtly approved of the marriage of tho young couple, “Judge,’’ said McGovern, the physician, ‘1 wish to have this lady tried for assaulting me. The lady to whom I have paid my attentions is of age, being over eighteen; she has nowa right to marry ne if she 50 choose, ‘I did not know 1 was doing any wrong when 1 called to see ber.”? THE OUTRAGED POLICEMAN. “Your Honor,” remarked Morscroftt, “has this man aright to be breaking into my doors, aistarbing the peace ot my household, making me and all of us mis- erable, and 1 powerless to kick bim out, as he de- serves !’? “Ub, sir,’? put in the policeman’s wife, 1 have any number of witnosses to prove I never touched that man, (did not use the least violence toward bi Now all these young girls, my daughters and niece, can prove the truth of that,” “Why,’” ventured James 8, McGovern, “my Drother there 1s not to bo trusted, | assure you ho —,'’ “Oh, pay no attention to his remurks,” Interrupted the physiciun, “1 do not know him. I do not acknow!l- edge him, He is none of mine,” “PRITHER PRACK.”? “Friends,” peaceiatly preached the Judgo, **be quiet, LT beseech of you. You wit! ait be protected in yoar rights. Mr. Morserott will not be so tond of interrupt- ing the Court; be is a policeman aud suould know bet ter. Mr, McGovero, the doctor, will not go near the house any more; if be does ask » policeman to arrest him, Mra Morscroft will be held in $300 bail; and as for the young couple, ‘Love laughs at locksmiths,’ and it they care lor one another, why they will be wile, The law does not restrain the girl aller sbe is eighteen, and there is no reason why Mr. Martin M Govern should not speak to her and like her, if she be willing.” ‘Thon disappeared the natty Doctor with black gloves, cane and bow; then followed the park policeman, redder faced than ever, with his wife leaning on bis arm; then waltzed away the pretty girls, all with looks of hatred toward Miss Newton, and, jast of all, James 3, McGovern, after bailing Mrs. Morscroit, and speaking u lightly ot his brother. The Doctor esco young lady named Miss Emma Newton out and ‘A most queer purty,’’ remarked the puzzled Clerk, Mr. Charles Bonediet. LIFE INSURANCE TROUBLES. THE NORTH AMERICA AND GUARDIAN LITIGA- TION—EXAMINATION OF JOHN 3, ANDERSON'S ACCOUNTS AS RECEIVER OF THE CONTI- NENTAL. Much interest is centred im tho suits against the Guardian Mutual and North America companies which are to be called before Judge Dykman, at White Plains, to-day. New recruits in the way of counsel on both sides are reported, and a hot, and possibly Ditier, contest is anticipated. The charge of attempt- tng to wreck the companies has been freely bandied from one to the other, wnile affidavits “too numerous to mention” are prepared in proof. The proceedings will probably be opened by Counsellor Green for the delence, who will ve foliowed by Robert Sewell, argu- ing on the sai « The referen: * Butler, in the Continental Company’s matters, was finally concluded yesterday, The evidence had special regard to the ace Counts in office of ex-Keeeiver Anderson. Mr. Samuel A. Noyes, brother and law partner of Daniel J. Noyes, was called and examined with regard the transaction of his firm with the Continental and New Jersey Mutual He was shown a contract bo- cen these two Companies lor a remsurance, but tes- tifled that ne bad on it, nor taken wny part in its dewisoment. He wi ly iwnorant of the bond transactions betwoen bis brother and Jobn J, derson. Did not Know of the iormer’s whereabouts, Joon J, Anderson was examined and shows 4 nam- ber of checks drawn by him during his receivership in the purchase ana sale of bonds. He testified that on the 18th of December last he purchased ten bonds for something over $11,000; alterward questioned his right to purcbare bonds for the company without an order from the Court, and thereture sold them apon December 30; the bonds were under bis control during Ali that ime; he was not aware that cither those, or any other lke securities from the Continental, were in the possession of the New Jersey Mutwal prior to its examination, Mr. Anderson's examination was exhaustive, but he was fully prepared with documents and memoranda with Which lo explain the various transuctions, An- AN UNFINISHED JOB, A bold attempt was made yesterday morning to rob the stationery aud printing establishment of Styles & Cash, on Kighth avenue, next to the corner of Four. | teenth street. The thieves entered through the de door, on Fourteenth street, which they opened with @ skeleton key, nd ascended to tho second floor, Here they made a well hole and through it descended to tho floor below. fo secure the contents of the Herring sale standing in a corner of the store was tho object of their un ter- taking, and they ut once removed it wo the centre of the apartinent aud piled up packages of paper around them to keep taeir operations © led from any passers by in tho street, A desperate effort was then mace to burst the safe open, but it farted, and at jength some noive frightened the thieves into beaung A hasty retreat. A whole kit of burguar’s tools was left beiind, aaa these were the oaly traces Capiain Kennedy and his detectives could yosterday find of the robbers, FESTIVE BURGLARS. A number of thieves secreted themselves in the lower floor of the establishment of P. Harmony’s Nephews & Co., No, 63 Broadway, and alter tae firm and employés had departed they made their way up stairs, broke open an old safe, tried jn vain to burst a new one, ransacked drawers and counters, and, Gnding nO money abont the place, they contented themselves with the good cheer that abounded there, a very tex tive scene must have been enacted during the night, judging from the number of empty bowties and open e1gar boxes found yesterday morning by the first com: ers, A package of vanilla beans, worth $800, had been 1 prepared for removal, but the burglars bad failed to meke away with it and only quiet when placed | | tral Kuilroad proprietors: wo. Weaweh q rather | Most strange of all was the | appearance of the brother, James 8. McGovern. Ho ) per but rent paid to Yebruary 1, 15% FERRY LEASES. IMPQRTANT-MEETING OF THE SINKING FUND COM> MISSION—COMPTROLLER KELLY'S BEPORT— HOW TBE CITY IS DEFEAUDED OUT OF BUNe DBEDS OF THOUSANDS OF DOLLARS, The statutes and ordinances governing ferry leases in ‘this ety e been, together with other features of our peculiar local government, productive of considerable trouble to the authorities. So complicated bave they become, that nearly all the ferry companies laugh at any attempt hitherto made to compel them to pay for valuable privileges accorded through their franchises, ‘The payment of hundreds of thousands of dollars ia thus evaded. These largo sums might go toward re- lieving our already overburdenet taxpayers, but the grecdiness of such corporations has, up to the present time, invented !oophotes by which they have escaped Jegitimate taxation in this respect. A meeting of Commiesioners of the Sinking Fund ‘was held in the Mayor’s office yesterday, Mayor Ely, Comptroller Kelly, Recorder Hackett, Chamberlain Tappan aud Aldecman Keenan were present. The Comptroller sent in a lengthy report relative to ferry leases. The following are the principal points as te each ferry and its relations with the city. val vet y tu Staten laland, leased to the jand Railroad Company tor ten years, trom May hy rail rent, 1.000. Although boats ruu to Staten Island from piers 8 and 19 North River the city has never established ferries to rum ‘om Liberty street to mmunipaw has beon yours, but the city has never reeetved any income trot it. Cortlandt ery to Hoboker lor the same ToAsu! Ove. * street lerry to Pavonia avenue, MJ. ; Erie Railway Company, lessee; term lor one yene irom May 1, IN76, at two wud & balf ver cent on the gross reoelpss, sub: ject to arent of 0 per annum to the Department of wicks: I never been exeouted, but the reat has 4. Baretay st ‘cute the oe at re City, Assoctare Jorsey ws brosse ey City, jase Jo | Company. b from N ber 1, N75, at | two aud ah gro: Hect |. rent of #38,t partment of $ executed, the © reevipts on the mpany relusing to pay except on the wross ew York side. munipaw, New Jersey Ce fever given 4o it by the city, withough the comps 000 per annum ae Fiat (ot part af the pier ip 4a River), which ts owned by the city, A suit by the city against thd company ts peuding xd States Ciremit Court to compel the del comply with the requirement of the law rega- Clarkson street street ferry to Hoboke: oand one hail per sy: vonin avenue: five youre from May 1, 1876 one halt per cent and subject to rent fixed by the Dock Commission; lease never executed. Forty-se ond street fe at public auction i never M , 1G, for Len Yours, 4b Bs ved sitico August, 1570; lease pany's lense of five ferring, ton years! rom May 1, 1871, with alt bulkieuds,” docks. amd landing places at $i, per unnum; rent paid previous to the © le mne, OO per annum; one year's rent, $105,000, remains unpaid, & counter claim having been filed’ by ‘the company for filling in city property on thy Brook} je ol the river amounting to more than su rent, ‘ounsel to the Corporation has given an opinion that the Commissioners of the Sinkiug Fund had uo power togivethe present lease without advertinem mu peg credings were instituted on April 6, 1876, to net it amdp, ‘The case is to be tried carly in April noxt. Roosevelt street, James? slip aud Grand street ferried; rent puid up to . ANT7. * Houston surcet ferry to Grand street, Brooklyn; Houston Street Associates, lessees; two and one-half per cent on the ross receipts und a rent of $6,500 © annam; term five years from April 30, IS74; lease hus never boeh exé- cuted and no rent has been paid; the Corporation Counsel hus sued to recover, ‘Fenth stroet ferry to Greenpoint, I. 1: leasoes, Shepherd d Kn ve yenes from November 1, 1875, at two aif per cent on the gross receipts. to execute the lease because they refuse to ment of such gross receipts for both sides of the ri has never been paid. Ms ‘Twenty-third street ferry to Greenpoint; same lessees lant; terms ot letse the same, with the addition ot an + nual rent of 84,000, Loaso nut oxecated and rent not paid, r’s Point: ton years from 1867, at €§.000 per unnum. Lense never exe- i ry 1, IN77. ‘Astoria; tem years trom No+ unum, Lease not executed, i ‘The Comptroller's report was received and ordered. to be printed. ' It is estimated at the Comptrolier’s oMce that the total amount due to the city from ferry companies i= about $600,000, but it will probably be a much larger sum. This includes the $615,000 asked from the Union Ferry Company. é LEGAL 1EMEDIRS. Corporation Couusel Whitney transmitted a com- Muuicawon to the Comptroller in angwer to inquires as lo whether any change can be mado in the mode of granting ferry franchises, so as to simplify the ctsht, p tor and secure the interest of the city more effectual) and whether any tu ther legislation is necessary the purpose, r. Whitney that the present system of disposing of terry mehises te absurd.” “The city has two pieces of property to di of 1m most of these cases, franchise one and the other the dock os or which 18 of any value without the othe present arsangement of the law they are sold sei rately—the franctise by tho Comnsissioners of the Sinkiwg Fund, the dock property by the Dock Depari- ment, and im each cuse at auction to the highest bidder, The result of this is that whichever is pat ap first, the dock property or the franchise, biddiog a¢ necessurily discouraged by the fact that what is bet sold 18 useless without the purchaser 1# vble to acquil that which bas yet to be sold, and whichover is sold Jags of course there can be but one bidder -bamely, the person who has bid off what was sold first, cep biackmailers and strikers, who see af opporiupity to harass the porson woo bas bid off tho othér property. In other words, there is at no time any fair competiti bidding among real parties for that whieh constitutes a ferry—tho iranchise and the property necossary for Nts enjoyment. In my opinion the liw should Rerso changed that these two things should be soid at one and the same time, by the same oilfoer or department ol the city government” OTHER snUBKS. ‘Tho Corporation Counsel next says:—The method which the Commissioners of the Sinking Fund have adopted for selling the franchises, fixing a promium price af two and a haif per cent on grows receipts, it also Hable to very considerable abuse in practice. When « (ranchise is sold without dock property, im my opinion, the miniinum price should be specified money. The difficulty in reference to the two and a halt per cent is tuis;——li oo of the conditions of aie is wade that the purchaser of the fran- chise shall ran a ferry, specitying the frequency of tips, character of boats, &a, there cun be but ope bidder—namely, the person Who owns or has a lease of the dock property—because he 18 the only person who can run a terry ta connection with the franchise, It you do not specity that the purchaser of the ranchiso it the sale sball run a ferry, then two and one-hali per cent On gross receipts is nowing Unless’ the purchaser chooses to run the ferry, Whereas, if the minimum price was fixed at a certain sum of money, and the bid ding was in money, payable whether a ferry was run of not, the purchasur, auder those terms, would be compelled to pay for the laxary of owning 4 franchize, and the city Would at least obtain some income theres from.” the iT A CASK IN POINT, { In proof of these atgaments Mr, Whituey calls at. tention to the sale of tho Stuven Island terry franchise At that guile Mr, Jobn Hy Starin bid fifty per cent of the gross receipts for the franchise, but another patty held the dock property avcossaty to the enjoyments of the franchise ana runming oF the ferry, and though Mr, Stafrin was the highest biuder for the franchise 1 was difficalt (o see in whith way he could be compelled to run ferry an: J the city has #0 far received no tneome from that fran. chise 4s the result of that sale. LEGISLATIVE ALD. Afier some debate in advocacy of the point sug. gested by Mr. Whitney, @ resolution was adopted at the sug estion of the Comptrolier, directing the Cor- poration Counsel to dratt a law lor legislative action authorizing the Commissioners of the Smking Fund to transter to the Dock Department the powcr to dispose of leases of ferry franchises at public auction in con- nection with the docks and premises belonging to the city now used tor ferry purposes THX NKW STATEN ISLAND FERRY, Colonel Wingate made an argument betore the com- mission in favor of the application of the New Yore aud Staten tsland Ferry Company for an awara of the franchise of a ferry trom pter 1, East River. Mr, | James McNamee appeared on bebalt of Mr. Starin a at the sale of thie franchise Inst the sale of the dock property and ne Lime. upon this matior by the com> geotieman who bid ear, He advocate ferry franchise at No action was tal mission, c en A MODEL TAX COLLECTOR. The Kastbampton town Tax Collector, Mr. James Searing, went to Nineveh, L. L, twice for a three. dollar tax. He thon told the delinquent tbat it the tax was not paid the wext tim vy would be made, Ho wont again on Tuesday, and a8 the money was not ready be told an assistant to take possession of a cow, At this the lord of the manor,’’ with three assistants, euch armed with a club, stepped jorward and toid the Cotlector that I he seized the cow they would smash his skullin, But the Collector did not “scare wot cent.’ Ho drew bis revolver and told the mei they interfered be would ‘bore ‘em throng. i that the matter Was becoming serious the proprietor concluded to compromice by giving the Collecvor hie watch, REWARD FOR A HOUSE BURNER, ‘The National Board of Fire Underwriters have offeres a roward of $500 for bringing to Justice the guilty per. gon or g who fired the premises of Mr. M. W, Gregory at Harbor on the 17th wit, and thes chused th ructive conflagration then occurring, ‘This, with the €260 offered by the village authorities, makes 0 reward in all. FALLING WALLS, The walls of the public school at Fordham, which were being taken down, yesterday fell upon two of the laborers, named John © who were seriously iujured, { : |

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