The New York Herald Newspaper, April 5, 1877, Page 9

* Tegacies some of the relatives (ound fault and sought to have it set aside, cluiming that it was | » made through undue inilueves and that the testator did not posaess testamentary capacity, | THE COURTS. Ex-Prison Convicts Who Have a Bad Opinion of Boston. SEE-SAW CITY SUITS. Another Will Controversy Invoiving a Half Million Estate. TRICKS OF THE TRADE. “Do you see those two menu?’ said a gentleman to wother in Supreme Court, Chambers, yesterday. “Observe them carefully and then give me your dpinion of them.’” “I see nothing very special about them,” responded Yhe gentleman addressed, ‘they certain.y are gen- toelly dressed and seem quict and gentlemanly, Como to look at them more scrutinizingly one, I should say, bas a decided military air, while the other has more repose of manner and a hauteur equally marked.’” I think most any one would be similarly im- Pressed,’’ continued tho first interlocutor, ‘It only shows how deceptive appearances are.”” “Then they are not what they seem?” veroy are two of the most adroit thieves in this country, Both have spent several terms in State prison, and they are likely to go there soon agai,” “You surprise me, Who aro they ?”” “Tne talier one is Joe Butts, alias Joe Adams, and tho other ‘Pepperman’ Joe, alias Joe Baldwin.’” This conversation need not be turther recited. It was noticeable, however, that they soon became ob- jects of general attention, an intimation of their char- Acter and the cause of thelr appearauce in court rapidly nding its way irdm one to another among the throng of lawyers and others in the court room, There was also observed the attendance of Inspector Dilks, Captain Walsh, Detective Wuling and a host ef lesser pulice lights lp Tuary last, a# stated at tho time im the Henan, the counting room of J, C, Kiug & Sons, bankers, whose place of business is on the corner of Pine and William” streeis, was entered and $50,v00 worth of bouds stolen, ‘The prisoners were afrested on suspicion of Dveing the guilty par- ties, Shortly, aiter the rebbery a wholesaio transfer of detectives was made, as will ve remem- dered, by order of the Police Commissioners, 1 being charged that those being assigned to look atter mat- ters in Wall strect and 1ts vicinity were in Jeague with peculating bond thieves, who have fora long time fucceeded in makixg this a rich ficld of harvest. These two prisoners ioliowing their arrests were taken to Poitce Headquarters and kept in close confluement with a lurking hope, 1 {8 said, that they would un- bosom themselves in regara t Wali street robberies, thus inculpating several detectives. The prisoners, bowever, did vot squeal as anticipated, and so were finally taken belore Police Justice Uierbourg, when ap fort was made to bold them upon a charge of being implicated in the bond robbery of King & & Sons?’ bank- ing house. The evidence proved to be very sligh' Dut beiore their discharze a telegram wus receive from Boston tbat tney were wanted there to answor & charge of burglary, and thereupon the prisoners, were remanded 10 the care of the police authorities, to bo held awaiting a requisition of tae Governor of sachusetix, Ou their bebuit Mr. Willtam F, Howe, their counsel, sued out writs of habeas corpus and veruiorari, apd pursuant to these writs they wero pro- duced yesterday betore Judge Donohue in Supreme Court, Chamoers, Mr. Howe moved their discharge on the commitment issued by Justice Utterbourg, upon which they were rewined tn custody. Judge Dono. hue granted this mouon, when Assistant District Attorney Leary stated that two Boston off- cers were in court with warrants of re. quisition issued by the Governor of Massachusetts for their extradition to that State. Upon this statement the prisoners were given over 10 the charge of the Mostachuseuts ollicials. Mr. Howe mmmedimiely pre- ared a petition for a new writ of habeas corpus, di- cling bat the Massachusetts officials produce the prisovers forthwith before Judge Donohue. Vhe writ was at once granted, and Mr. Leary moved that the cnsé be heard at once, soasto enable the Massacbu- setts oflicers to convey their prisoners without delay, Mr. Howe strenuousiy objected to th Dd insinted that there should he given him time to prepare a traverse to the writ denying the identity of the prison- ers, This was granted, and the cage eet down for a hearing this morning, SUITS AGAINST THE CITY. Bernard Lynch, who lived in 130th street, between Eleventh and Twelfth avenues, says that through lack of pulting up proper embankments tu the construction of the Boulevard his house was about rujued through the deluges ot water pouring i after rain storms; that the walls wereeracked and became mouldy; that the lurniture was ruined—and, im fact, that the place became untenable, To indemnify him for the losses thas sustained be brought @ suit aguiust the city jor $5,000 a winch suit camo to trial yesterday before Judge Van Brant, holding Supreme Court, Cir- cuit. [twas claimed by the city that the work of building the Boulevard) was skiifully done, avd tha proper embankments were-constructed to protect pi rate property, ‘The complarnt was dism seed. Jonnoon & Ward and Kuius F. Andrews ap, iLe plaintifl, and Assistant Corporation Counsel Miller lor the city. Frank KE. Towle has brought 4 suit against the city to recover $8,223 80, claimed to be due hun for map- ping out aud surveying new grades for numerous Btreets jn 1871, Toe case Was Uied yesterday betore Judge Lawrence, in the Court of Common Pieas, The defence Was that (he Commissioners of Public Works did not agree tu pay the plarntiff more.than the rate per Hineat foot ‘specitied in the ordinance’ authorizing the work; and that (his being 80, his bill would be reduced to $2,530, It was further claimed tnt the bills were up- proved by the Commissioners of Public Works, either by negicet OF with a fraudulent mieresi, and that under the jaw of IS71 the expense of making these maps and surveys was to be raised by tux levied by the Supervisors, and that the city was not liable to pay abything except trom the fund. The jury brought in a verdict of $5,100 tor the io pislntee, SEEKING TO SET. ASIDE A WILL. Abraham Wood, who in former years was wellknown a8 a heavy importer of liquors, died in 1868, leaving an estate valued at over $500,000, The bulk of this prop. erty, comprising mainly real estate im this cuy and Brooklyn, he bequeathed to his cousin Samuel A, Wood, Formerly most of such property bad belonged to David Wood, @ brother of Abraham Wood, the jormer being io partuersbip with Suinuel Wood, and Samuel A. Wood, the principal legatee of Abraham Wood, saving tor year= been the clerk of this firm, at their placo of business, No, 192 Front street, Alter the will bad been proven and executed as to ine Mr. ‘Abraham Hewlett, a nephew of the decedent, brought a suit for this purpose and for a partition of the estate. ‘The suit has alreudy beeu to the Court of and came on tor trial yesterday, beiure Judge of the Supreme Court, to be Uied on spec fasues of facts as to the alleged! Undo induenes and Wood is Je principal, EXx-Attor ney Gene val Chatiield, ex-Surrogate Gideon Tucker and E. 0. Schenck repre: sent the plaintiff, and Messrs, Wakeman and Latting, with Abram Wakeman, of counsel, appear for ibe deiendants. After « lengthy preliminary discussion Fadge Barrett decided that the defondants, they being the parties seeking to sustain the wil, held the wilirm- Ation, and are enutied to the sepning aud closing of tue case, DRAWBACK DUTIES. George W. Lake purchased of the Devoe Manufac- turing Company a quantity of keroseve oil in tin cans | for exportation to Japan, Tho cans being manutac- | tured in this country of imported materials, on which duty bad been paid, the exporter, under tho United States revenue lawa, was entitied to “drawback,’’ or fepayment of the duty, on giving certain bonds re- quired by the regulations, The company shipped the foods and enterea them for drawbick in their own ame, muking allidavit that they were the exporters. Yhe company caucelled their bund given on such en- iry by a certificate aficrward given them by Sr, Lake, ind be then demanded the drawback. They refused 10 pay it, saying it belonged to them. He sued tor the amount in the Firat District Court, when the company produced a large wumber o! witnesses to show What by the custom of ihe trade they, as sellers of the | ail 1h Cans to Lake for exportation, Were entitied to the drawback, having made the customary deduction from the price for which they old \t mm corsideraniou of the drawback to be received. Judge Quien beld thata custom Of trade could not override the positive envet+ | ment that the drawback shail go to the exporter with- outa speetal agreement, and gave judgment for plain u The General Term of the Court of Common Pieas storday atiirmed the jud nt, Judge J. F, Daly ving the opinion, Tue exporter (the pintill), Judge aly says, May treat the defendants as bis agents, aud | to that extent ratily their act im entering the goods for drawback ana may maintain bis action for money so received. By delivering the certificute he ratifies their acts and Can pot claim against the government. Chartos Betris Phelps tor plaintiff, Scudder & Carter tor des jeu LESSON FOR HOUSE AGENTS. A case of importance to real esiate owners and agents has been on trial for three days in the Court of Com. mon Pleas, before Judge J. F. Daly and a jury, in the case of Samuel 1. Isaacs ve, Morris B, Baer, It appea from the evidence that some time in November, 1875, | the pinintiff engaged the defendant, who was a real fourth street, to collect the rents of his house, sr a the plait alleged, to dispossess the tenant, ove Mur- garct Lammond, in case spe failed to pay tho rent y. The plaintiff then went to Et ‘and on 1s Feturn, Some Months alterward, iecarned that the defendant’ had not collected the reat and also did not bc mega the tenant The plaintif then brougut this action, claiming damages aga: te de. fendant testified that Le did all in tis power to collect the rent and that be could not succeed, and seal that it was not his duty to dis; tena jury, after two hours’ deliberation, found a reais io ‘the plaiutia for $260, to which the Court added an allowance of five per cent, Samuel EB, A, Sterna ap- ared for the plaintiff, and W. B. Putney and B, F. ‘atson for the defendant. BOND BUYERS BEWARE. ‘The Manufacturers and Builders’ Bank sued Joro- miab Pangbura tor $5,000, the alleged prica of ten gald vouds of $1,000 each of the Pacitic Division of the Bur- lington, Cedar Rapids and Minnesota Railway sold by E, H. Ludiow & Co., September 26, 1874, ut the Ex- change. These formed a part of the bonds given to Henry Clews & Co., and which they nypothecated with the bank. In the advertisement of sale the bonds of the main line were placed first, but tl the bonds of the Pacific Division tirst under or: do so, The deiendant commg in just after the sale was commenced, und being informed by parties that they were solling the first let, the main line as he supposed, bought ten bonds for $5,000. Immediately after, dis- covering bis mistake, be notified the auctioneer that be would not take the Pacific Division bonds, that he never would have bougut them at any price, as they had no market value, The case was tried before Judge Freedman in the Superior Court, and resulted yesterday ina verdict tor the defendant, Messrs, Flanagan & Bright appeared for the plainuff an John 5. Lawrence and Thomas D, Robinson tor th defendant, SOME SHOW FOR STRIKERS. Charles Sternaach, one of the striking tailors, sued Brooks Bros, for dam: for alleged false arrest, The plaintiff was one of numerous other striking tailors who were in the habit of standing im front of defend- ants’ store on Broadway, for which he was arrested on Brooks Bros,’ complaint. Justice Kiibreth discharged: him and be sued Brooks Bros, for $10,000 damuges. Judge Robinsoa dismissed the complaint on the ground that the plaintif had been engaged in an uvlawiul oc. cupation—namely, ‘picketing.’ The case Was appealed to the Common Pleas, Gencral Term, which bas ren- dered a decision reversing the Judgment of the court below and oruering a new trial, SUMMARY OF LAW CASES. The Emma Silver Mining Company sult against Trenor W. Park and otbers, after a two weeks’ ad- Journment, was resumed yesterday before Judge Wale lace and a jury, The examination of witnesses was continued in the person of Mr. Davton—under exum- ination at the time of the enforced adjournment ot the court. The testimony of the witness was in corrobora- Von of that of Professor Silliman as to the financial Fesources of the mine at tho time he examined it The trial will bo resumed this morning. Judgments were entered yesterday by Douglas A. Levieo, Jr., their counsel, ordering the reinstatement ot Daniel ‘Dempsoy, es H. Ballentine, William Wogan, Patrick V. Doyie, James F, Cassidy and James S$. Craitto the several posit held by them 1p the Fire Department, from which they were some time ago removed by tbe Board of Firo Commissioners on charges of selling their pay in advance to salary brokers. Notice was promptiy served on tho Fire Commissiouers, who immediately obeyed the order of the Court and reinstated the men, Heyman Vopperman and Abraham Newfield some time ago bad a dispute, and, as the latter alleges, Cop- perian vowed to have veugeauce. ‘The manner of accomplishing his object was eminently sat'stuctory, 4 a suit for damages can be rogarded as apy evidence, It 18 charged that be indicted and sont to the Daily News a communication, signed “A True Reformer,’ churg- ing Newlleld with having committed argon and othor crimes, und suggesting that it might be proper to ap. point some one cise as a keeper in the Venitentiary—a position he was then occupying. The trial of a suit for damages, on account of the alleged libel, is now in progr botore Judge Freedman, in tbe Superior Court, The devence is that the article tn question did not emanate from Copperman. DECISIO SUPREME COURT—CHAMBERS. By Judge Dayis, DeCamp vs. Dempsey.—Motion denied, with $10 costs, and injunction order dissulved, Judge Donohue. In the matter of Dickie; Harrison ve, Withers; Cut- ter ve. Coun; Fullerton vs. Sheridan; matier of Baker; Fosdick vs. Scrymser; Rosenthal va, Aarous; Frece man ys. Buel; Beckman vs, Dunscomb; Mutual Life Insurance Company vs. Eggers; Spurr vs. Schaeser; Clars ve. Woerner; Union Dime Sayings Bank va, Kine sella; Same vs. Haracl; Cunmnyzs vs. Berge; Union Theological Seminary vs. Powors; Sidenberg ve Lund; Wilmerding vs. Surtevant; Seguin vs Slevin; Sim- mous vs, Mutual Benetit Savings Bunk; Simmons va Simmous; 10 the matter o! Hyalt. —Granted, Lester vs, Cohen.—Motion granted. De Layellette vs. Wendt.—Granted. Memorandum, Fox v#. Hawking.—Granted without stay. White vs. White.—Motion granted, Memorandum. pier of Galland; Mickel vs. Scherry.—Memoran- DERRY va. Platt.—Deniea, Medbury vs, McKenna; matter of Fairbanks; Camp- bell vs. Eager; Brodie va O’Brien; Paito va, Schap- pert.—Motions denied, Matlurge vs, Squire.—Denied, without costs, Haeffucr vs. Goedevke.—Motion dented, without costs, Potsdamer vs, Gregory.—No merits being shown motion denied. Aibert v3. De Greiff.—Motion denied, without costs. See memorandum. White vs. White.—Motion denied, as the cause should be referred. Simmons vs, Mutual Benefit Savings Bank.—No proof of service. ‘Almy vs. Myers,—No authority to make this order, Union Dime Savings Iustitution vs, Stilwell, — Whero is the report? First National Bonk of Meadville va, Smith National Bank.—Allowance, five per cent. Tn the Matter of the Receivership of the State Loan and Trust Company, —Refereuce ordered, COMMON PLE AS-—CHAMBERS, By Chief Justice Daly. Moller vs. Schlopp.—Mouion granted. MARINY COURT—CHAMBERS, By Judgo Sinnott. Blossom va, Hillier; Kittel vs, Stratton; Loughran va. Sayles, —Motions granted, Weidner va Fowler; Canhape vs. Blanchfield; jpacthe vs, Johnstone; Whiteloyge; Hayes vs. Good: SiR vies \sohn vs, Fe Moses vs, Mueller; Levy vs Beveridge vs. McLaughlin; Minor vs. Van lesan Nialer ve Fay; Fauniag va, Fay.—Orders granted, Cook vs. Schramm.—Proceedings are dismissed by fault, By Chief Justieo Shea, Crane vs. Waiker.—Motiou ou miuutes for new trial devied. There 1 suilicient evidence upon which the Jury could find that there was a publication. That was ab issue Which as one of fact was property submitted | w the jury. Their verdict finding that there wasa publication cannot be disturbed, The matter written was defamatory, clearly libellous and its manuer of publication not Within the protection of privileged commupications, GENERAL SESSIONS—P ART 1 Retore Recorder Hackett. THE LOTTERY DEALERS. Twenty-seven persons charged with the violation of the lottery Jaw, and who were recently arrested at tho instance of Mr. Comstock, agent of the Society tor the jo dt yd of Vice, were in court yesterday for trial. Mr, J, R, Fellows, who, with Mr, William F. Kintzing und ex-Judge Dittenhoeter, apveared ior the detend- ants, moved for an adjournment until Monday next, The Recorder granted the motion, STRAW BAIL CASES, Thomas. Birch, charged with perjury in having given what 18 known as ‘‘straw’’ bail, was taken before the Recorder for disposal, Assistant District Attorney Beil stated that be had certificates from the physician ot the Tombs setting forth that Birch was the victim of epileptic fits and altogether apft jor trial. Mr. Boil added that trom what he knew of the facts he thought 4t would be dengerous to put him on trial, Under the circumstances he would ask the Court to discharge the accused on his own recognizance. The Recorder granted the motion, and Birch was accordingly dis- | charged. ROBBING A POLICEMAN. The trial of Kate White and Mary Ann Madden for | stealing $54 from the person of Police Officer Bervard | Dana, of toe steamboat squad, on the morning of the 8a of March last, at the corner of Elizabeth and C: streets, Was amed yesterday, Ihe jury convicted both prisoners, aud White was sent to the State Prison for two years and Madden to the same institution for eighteen months, THY PISTOL AGAIN. William Reilly, alias “Screw’’ Reilly, was charged with felonious assault, in having fred a pistol at R. F. Pooton, who keeps a liquoqstore at No, 500 Third ave- nue, on the morning of the 25th of February. The ac- cused became disorderly when he was pat out, and as the door was slammed to his face he fired a pistol, the bail entering the woodwork, The jury found ‘him guilty of assault, with intent to injure, and ho wi sont to the State Prison tor two years and #X monthe. SHOOTING Hi8 FATHER-IN-LAW. Victor Oeso was urraigned at the bar, charged with shooting at bis father-in-law, R. C, Chariton, of 144th street avd Clinton avenue, aad wounding nim in the neck, Tbe prisoner pleaded guilty aud was sent to the State Prison fur three years, GENERAL SESSIONS—PART 2 Betore Judge Gildersleeve, AN OLD OFFENDER PUNISHED, Wiiham Raymond, with an accomplice, sauntored into the jeweiry stereo of Simon Melrback, No. 817 Broadway, on the 27th of March Inst. Raymond be- gan to examine an assortment of watebes which anal estate broker, doling business at No, 72 West Thirty: | Mebrback exhibited, The latter hoard the duor of his | Parker for appellant; D. P. Barnard tor respondent, EW _YORK HERALD, THURSDAY, APRIL ut, and, on looking around, saw the confederat ravning of with a pocketbook coptaiwing $266 Ray- mond joined bis companion and both were pursued by Mehrback, who captured Raymond with the money hes on. The prissucr, on being arraigned { trial yesterday by Assistant Fetant Biserict Attorney follins, pleaded guilty and was sent to the State Prison for two years and #1x months. COURT CALENDARS—THIS DAY. Surrem® Court—Cuampens—Held by Judge Dono- pe N08. me bas? 80, 104, 136, 141, 148, 172, 179, “4 Judge Van 201, SuPReMe COURT—SPECIAL TRRM—Held by Vorst.—Nox. 195. 19%, 200, 214, 216, $e 194, 218, 219, 220, 227, 111, 233, 234, 96, 235, 240, 441, 2, 248. 244, 245, 246, 247, 248, 249, 250, 261, 252, is. SUPREME Sonne Cinco hare 1—Held by Judge Lawrence.—Nos. 1963, 9024, 3009, 2918, 37! 8679, 4205, 8127, 2896, 3103, 3153, 3155, 3157, 3173, 1, ‘2719, 3835, 9277. BuTB,_ 2985, as79%4, $237, '277, 3175, Purt'$—Held by Judge Van ‘Brunt.—Not. 2089, 569, 177, 1801, 2 1247, 1809, 1618, 373, 1927, 884, 825, 2029, 1611," 956, 119655. 025 46. 328, 4356, 1509." Part 2— Heid vy Judge Barrett, —Case on—Hewlett va. Wood. No day caiendar. Screkiok Courr—TriaL Texm—Part 1—Held by Judge Fr Nos. 1177, 766, 314, 1104, 1138, 591, 784, 761, 7 009, 886, 881, 1011, 1031, a7, Tbh, 208, Pai Nos. 670%, sur, 361, 640, 717, 1262, 794, 693, 2d6, Held by Judge Be 654, O45, 745, 819, 1014, 552, 554, 535, 5% 3—Held by Chiet Justice Curtis —Nos 68, ol 690, 1035, 70d, 800%, Sil, S28, S31, 535, M43, 946, 710, 800, TH, 663, 502, 595, 516, 260, veuon Couxt—Srxciat Term—Held by Judge Santord.—Nos, 12, Common Pieas—Equiry Term—Held by Chief Jus- lice C, P, Daly.—-Nos 12, 26, 29. Demurrers Now. 5, 6, —TRAL Tekm Part 1—Held by Judge hi, th, 801, 907, 604, ‘i 1097, 1986, 886, 1080, 785, 7 2,143, 1311, 1129, st, 18, Part dHeld by Juage'J. F. Liss, 118s. Sa, 1116, 827 277 Tab hi i262, 1272, 493, 631, 1145, 1260, 126 279, dekme: Court—Triat Tenw—Part Jndge Alker,—Nos, 6761, 8041, 2009, 7883, 7096, 7783, 8053, 7748, 7061, S077, "7984, 80 Part 2—Held by Judge Sheridan, —Nos, 5525, 7649, 9105, 9119, 5239, 5456, 6948, 5480, 3516, 3739, 4229, [3085 734, 8024, Part 3—Hela by Judge Shea, —86u3,' 8855, 7659, 8039, 6910, 8504, 5552, 86N6, 7832, 2719, 5085, 7097, 8958, 3: , 8112. Count Ov GENERAL Sxssions—Part 1—Held by Re- corder Hackett. —The Peopie va. Joseph Rosctto, rape; Same vs. James McQuilim, felonious assault aud bat- tory; Same vs. James H. Humphrey, felonious assault and batiery; Same AB Frederick Hensher, felonious assault and Battery; Same vs. Hugh McCorm: glary; Same vs, Harry Reiber, burglary; Same vs. Daniel Reid, burglary; Same va. Jeremia Callaban, feionions agsauit and battery; Same va. Nelson Gor- don, grand larceny; Same vs, Dominico Leisete, aa- saultand battery; Same William Duyer, false pro- tences; Same vs. Kobert Brady, petit larceny’ Same va, Joseph Kelitner, grand larceny, Part 2—Held by Judge Gildersleeve.—The People vs. Mary Gibbons, burglary; Same vs. Thomas Williams, burglary; Same vs, Michael Kelly and Thomas Kiernan, burglary; Same vs, Jobo Larin and Joseph Trazini, burglary; Same vs. Frederick Muller, burglary; Same vs. John H. Thomas, false pretence: ; Same vs. Michael Quigg, petit larceny; Same vs, Frank Walter, petit larceny; Same vs, Herman Weistes and George Barth, adulterating milk; Samo ve, Henry Ludmein, udulter: ating milk; Same vs, Ernest Hass, adulterating milk; Same ve. Henry Wethe, adultorating milk; Same vs. Adoiph Zeigler, adulterating miik; Same vs, Charles H. Bradley, talse pretences, SEAMAN RAYMOND RELEASED. An examination of the charges preferred against the seaman Eugene K. Raymond, by Captain H. 3. Reidwit, of the schooner R. §, Eddie, took place before United States Commissioner Winslow, In Brook- lyn, yesterday, The accused was brought to this port in continement, on board the vessel named, from Rio Grande doSul, he having on the voyage brandished an axe above tho captain's head and threatened the mate with asbeathkrile Tbe particulars of the case were published in the Henatp of yesterday, 1 evi- dence of tho captain and mute we to show that though Raymond had been kept {0 confinement In the mate's room on deck, after the episode with the axe and knife, he was not {il treated, He was fed from the cabin table, but at times refused to eat his rations, Several sailors testified to having given him food at his request, day and nmeot, As no- body was burt and the officers of the sel bolieved that the accused had been out of his mind, owing, prt to previous sickness, the Commissioner dismissed the case, aud the sailor left the court room, FIRE INSURANCE SUIT. The trial of the suit broaght against the North American Fire Insurance Company by Charles A. Burnloy snd Samuet F. Prentice, trustees for the Aldin Poblishing Company, of this city, to recover on 4 policy $2,800, was commence: ta the Kings county Supreme Court, Circuit, befor: Judge Prattanda jury. The Aldine baitaing, 1d Lil erty street, was destroyed by fire June 24, 1875, The defendants claim the valuation put upon the stock, which embraced a large amount of imported chro- movs, was excessive. ‘The trial involves important Jogal questions to insurance companics and will oc cupy the remainder of the week. COURT OF APPEALS. Auuayy, April 4, 1877. In the Court of Appeals to-day, present Hoa. San- ford E. Church, Chief Justice, and associates, the fol. lowing business was transacted;— No, 259, William Englebardt, by guardian, respond- ent, vs, The Broadway Railroad Company appellants, — Argued by Amusa J. Parker for appellants; William Aliso Butler tor respondent. Judgment aifirmed. No, 265, Harriet Deiorest, respondent, va. Tho City ot Gus ‘appellants, —Submitted. William A. Guest, appellant, vs The City ot i ‘ooklyn, respondent.— Argued by Joho J.Townsend for appellant; John H. Kneebel tor respondent, No. 247. Heury Bleeker, Jr., respondent, vs John Jobuson and another, appellants.—Argued’ by A. J. Vanderpoe! for appellants; Dewitt C. Brown for re- epondent. No, 258. Isaac Allen, respondent, vs. The Williams- burg Savings Bank, appellant.—Argued by Amasa J, CALENDAR. ‘The day calendar for Thursday, April 5, is as fol- lows :—Nos, ct 118, 267, 270, 2709¢, 271, 272 and 273, TO UTAH FOR A DIVORCE, Mrs, Mary L, Smith, of No. 302 East Eighteonth Street, on the 34 inst, appeared before Judge Smith, at the Filty-seventh Street Court, and asked for support of herself and twochilaren from her husband, Mr. George W. Smith, Tho latter, who had been urrested on a warrant, put in a plea that he was divorced from his wife some months ago in Utah, the decree buving been given by Judge Cox. On his promise to appear for examination he was paroled, Yesterday both Mr. and Mrs, Smith were in court Mrs. Smith testified that she ts the lawful wife of George W. Smith. Counsel for Mr, Smith objected to the testimony on the ground that deiendant bad been divorced from complainant by a decree of divorce grauted in the Ter- ritory of Utah on the 3d day of November, 1876, Tue objection was overruled. Mrs. Smith continued—1 was married to my husband nine years ago in Christopher ton New Year's Eve; I now live with my brother-in-law at No, I ceased living with my husband in the early part of last September; we were then living 1m Duifield street, Brooklyn; ne 1s the father of my two children, Herbert H., aged six, and George F., aged four; my husband hag not provided for wy support or that of wy two children siace September; | bad not seen him since he left me wil yesterday when he appeared in court; after he leit me I heard from hiin on the Ist of last December, when I received a letter trom him saying he hada decree of divorce from me. nswWer to & question by the Court she repli not received aby assistance since last September ; jt me with $35; he told me he was doing woll and making money, for ashort time betore going away he suid he wos earning $25 a week; he told me he was going to Cincinnati to open an office for the sale of sewing machines, when bo lelt, in Septem- ber; we kept house in Brooklyn ‘or threo years velore he lett; he was then an agent for a sewing machine. In ber cross-cxamination she said:—The first notice I received wus the decree of divorce; | received a letwr from my Husband, in care of his brother, saying that he had procured @ divorco trom me, Here the case was adjourned tor @ further hearing. | Mr. Smith gives his present business as that of a real estate agent. CASES. ‘The jury at the inquest held yesterday by Coroner Elliuger, on the body of Thomas Kennedy, returned a | verdict to the effect that ho died from imjuries received by kicks or blows at the hands of some person or per- sons unknown, on the 22d of March, 1877, The testi- mony of Captain McEiwaine, of the Seventh precinct, by whom the deceased sent to the New York Hos- pital, did not throw any light on the matior, and it was quite evident that the man who came to the station house did not know anything about is assailants, He told diflerent stories, such as that be had talien and hart himseil; but he could pot relat curately where he hed ese hurt, lhe wane poor fellow who slept in stables and alleys, The jury in case of little Mary Carroll found that she ied of convulsions, following shock and nervous irritation due to accidentally swallowing a safety pin on the 9th of sisuaanr A 1877, at No, 38 Thomas street FIREMEN REINSTATED. Somo time agoa large number of firemen wore dis- missed on charges preferred against them ot solling their pay to brokers, A recent decision of the Supreme rein- Court in ono of the cases ordered the reiator statement, Ata meeting of the Fire Commin jay the fullowing firemen were ordered to as- ame their regular duties:—John Cassidy, Daniel Dein Patrick Doyle, J. Craft, James H. Baiien- tine sod Witham Woogad, they baving been dismissed imilar charges, es AMUSEMENTS. BLLER'S WONDER THEATRE, as Broadw bees mom grat SAL ay wounding fork. WONDERS ‘ sg ONDEKS ti THE sit ie MEDY. WONeens LLER'S oe pees. WONDERS HELLER'S ae ALE. we WONDERS HELLER'S: WONDERS tol ERY Brae NG. 8 OCLOCK, MATIN Ww r cq ATH. © BATURDAY, AT 2. TO MATINE [A DICKINSON SEASON. “Mr JOSH MALT Ss OWE CuNTURY. DICKINSON A GRAND [A GROWN OF THORNS.) TRICMPHY A GRAND |® CKOWN OF THORSS!| TRIUMPH! 4 : or, TRUUN PAT A ANNE BOLEYN, TRIUMPH! mud At the Saturday matinee NWA DICKINSON, ANNA DICKINSON ogre. pHorted by the gre ‘nu ~BEAUTIFULS . APRIL 8. ——rositiveny— HER LAST APPEARANCE IN NEW YORK UNTIL JUNE NENT. WILL SING ER POPULAR PRENCH, SPANISH AND ENGLISH 0! t Th AND sartRbAy MATINES, THE al GR SUCCESS SATURDAY With Aimee in Avrie Ae. Seats way: Matinee admissio w ¥. CADEMY OF Mir. J. 0. PRY BI TUE ONLY PERFORM rite Qicesp Sents and tick TPE GRAND WaGNeR “OPERA FEST, Mr. J. C. PRYLR re fully announces that prepara- Bow being ma the SECOND WAGNER FESTIVAL IN Nw YORK, Due notice will be given of the commencement of the sale of seusou tickets. EW “BROAD A muunsDay, lust performance of OU Ly AND SATURDAY EVENINGS. DAT Se MARIAN. MORDAUNT tn her wouderful wie of oe SATURDAY EVENING, Bi WGaDhes MATINE Hi ONDAY, April 9. th Temperance Drama, ‘K. CHARIO'S Da Faure or Tie ou Wiest or es rosy, PASTOIS, TONY PASTOR'S, ‘The Society Vindevtily Theatro of New York. DA Houses crowded vo witn ‘ork. George 8. Knight, Add Ktymann, Fay Sisters, Jeunie Morgan, Rollin Howard, "the Big 4, co Family, AMC HOUR ;CULLOUGH SEK THE” ILLUSTRATED TIMER, picture, Unit as VIRGINIUS, part of VIRGIL in this week's SUIRIT OF THE TIMES. PVooTWS THEATRE. THE TRUMP MARKETT & FALME easeus and Manage: OLIDAYS. Overwhelming tuccess of the renowned tragedtan, JOUN \eCULLOUGHL.....as VIRGINIUS TUE NEW YORK TRIBU “Tho completeness of the work ix what most impresses, it EATRE, ill and we shall be content now, in recording our impressions of it, to name it as a personation which, In these days, tt is ‘in astonishment to seo, and which, in any days, tt wou!d be ‘an honor to celebrate!” is a phenomenal one, the cant inciting the names of FREDERICK 8. Kk. K. COLLIER, DAMES i. TAYLOR, Miss MAUDE GRANGER, ‘i Mme. PONISI, en, de “Tho excellence of the performance of this Impressive play ends it tu the attention of every appreciative theatre gocr.”” *4* Box office open daily from 8 A. M. t MATINEL NEXT SATURDAY” MINSTRELS. | ovEna nOUSE, INSTRELS. "a «way, corner 4 BACK US, 2th tte Uroat. Bill HI AMBOLD FRANCISCO MINS BMicH, WAMBOLD and BAC SAN PRAACISCO MINSTRELS. SAN FRANCIS aie MINSTREL! mn RI 8 MEDEA “CLoTILDE. BIRCH, Wad HOLD, BACKUS, HART. HALL, PRILIC ILION, RUDOLPH, RA D, JOUNSON ba iy RN RICARDO, Mulialy's Urchestra, Seats secured, Matinee BATURDA’ ‘s < 7 0m containing company tor above Hall will entor levinye place from the north and pase out by way of Lith ot. ext: on departing will take the fest carriage OSKPH B, KAKINS, Cavtain 1th rreeee P} AWISIAN VARIETIES, PIO AIRIOES SU AHISEAN VAUDLVIGLE, | MARINER THURSDAY. WGth st, Broadway. Nights at 8 Matinee Monduy, Tharsiay and Saturday, —@ Adopted from Jules ded houses. |TWO SPHEL: “LE VOYA) Produced under th Immense hit. | TWO SPilict cr i wanted for Monday, BY“ ree or DE LIOPKRA, GRAN! CLOSING FANG Dass BALL, AT IRVING HALL MANIA THEAT. NEUBNLOREY Gis HEN, W AMEEIC AN MUSEUM, 103 Farias The Wild Auntralian A Groat Wor added to the Congress of Curiosities, Open from 10 A. M, to 10 P. t week of the ‘Tattooed M a GENERAL NEWTON Fit LeOTURE FOu THE Thenetit of the New York Central Dispensary on “Hell Gate and the Improvements being made in the East River,” vening, April 11. Was in charge ot ths jon 15 eents, erion ess sented to nesiat ade at the lectu: nen Hail, ch Minuet de severy Friday UXILTARIES FOR TH p now tragic cluding thirty fine looking, respect wall formed youny men. Applicath at the stawe door of the Academy of 40 AND STAGE DANOING TAL ) Bowery, and ian iT. AND ‘filty veces MO EPAPIN anewal eahictilon oF PAINTINGS lier, oF on, ten OTH AV, OPPOSTTR Reserve square, suitable for ball lectures, ac, TIMPHOR & PERT, 1488 Broadway, near 440i Upen eve: nite B. + DE AL Orpheon Fand, Col aghed f Jerome Hopkins, Esq, three choirs, two organs, ore! solo voreos ‘ond cbs choir, this evening, wt Trinity CI soriptions at Ruliman's, 111, and Ditso M* D MKS, EDWARD Reo cluded their season with the t liberty to weceot engsgemen ac, Adaress 310 en Tuba AMUSEMENTS. ON SQUARE THEATRE. EVERY 0 MGT. Mr. SHERIDAN SHOOK. Mn AM. PALM te, ene eT a ar Vk -—— of the man SEATS sedis esse May GOOD PLAYS BE — PROCURED ced at the TWO pea WhEKs SQUARE “THEATRE.” ADVANCE. ps SATURDAY, At ae TE. MATINER OF rae ‘Danie MEF NTH BROADW ay BEEY TOLDEN HOURS HKE THEY F HOU a ut HOUSE. NG BOALDING BOARDING OAL ‘Dye nories will be gi ‘RAYMOND. in his popular COLONEL SELLEKS. pore S GARDEN. anager eclulty ot Mark Tw e Tet Unabuted Snecess, | THIRD TH. Leonard Grovers | THIRD MONTIL Comedy, | THIRD MONTH, DING HOUSE. 4. BENSON SHERWOOD STAMPED — GRAND WITH <i PROCESSIONS, POPULAR SUPERB APPROVAL, SCLNERY, SPEARE'S ANTONY “The production ts and Antellt- gent" —Herald “The revival proves of thought AND | ganglia PN erent Shem a, MAL GRIMA! Twit rt PUbLiG REHEARS ee ANWAY sf THIS THURSDAY AFTERNOON SIXTH AND LAST PUB LL SYMPHONY No LARGO (adapted For Violin, Viotn EINE FAUST-—SYMPH In dret Charneterbildern (mac! L. Faust, tehen, LIT, ADMISSION TO" RENEAMSAL, 79 couts Reserved seats, 25 cents extra, BATURDAY SE NENING, APRIL. 7, ad 3 Union square; at the box office of Steinway Hall, E. x C Hrondway. wu HILDREN'S CARNIVAL . and GRAND EASTER CHARITY BALL the tiie SICK POOR, ‘OF Music, 1877, TREASURER, fo BENEFIT OF acapEny APE Avoust ELM VAL begins at 7 mickhts "Fok ADULTS CHILDREN'S TICKETS, For sale by Mrs. Ges Mrs, Goneral Horon, 495 5th Mrs, D. v Mrs, Charles Watrous, 76 Kast Gist st. 2M Lexington av. stron: Murray, 3% est S4th xt. 20° Kast S7th st re, W. HL, Wiley, "os y be had of Mrs, Mrs. Ralston Riithy 024 BROADWAY. LDI, M. BALL at 10 P.M, #1. 8. Hancock, 31 East 17th st. Parish Harhy at ndsor Hotel; Mrs, r Egbert Guernsey, 18 Fete complimentary United states Naval Tuyaspay EVENT e ee of the Lp ati Magi Monde sur lu Terre-Gluce,, T trom Somata, op. 10. . by font drummers, * soloist, who has been favored y the Grand Duke Al brilliant pects the Con grandeur, the most brilliaut fully sustain the carnival cha: of the progr most exquisite sug: 7 the appropriate, mut sie, 1 game af Pole itions tn matlied Skating by most exp neurs. Introducing the least and create the first time, # noted skater of a ed Jockey Kuce, the i tout Mood's evel’ Exit 4. The surface, open to all sl performance, will ahd eloelee “Adm Admission, with reserv $5. Doorw open at 7 rhuces at 1 Pee PROGKAMME. ‘The most’ vraceful patinours, floating with « shadow vivite npaniavent of tae mu 2 Polo sur les Patins. al parties. Tho purties of euch y handkerchiets of ditferont oa Monee joo, Salcedo. randie Ri c of two eircuitn enc . Six ontries—first prize, gold coin: second silver coin, 5. Kxperts, Artistle fizures and speciaitle noted and favorite experts; bition of skill by skators and judion nnd geutlotaes fornia celebrity. cont urales. prize, $5, 9. Ruee. istic and in costuine. Y Cc First prize, $10; seco Five cireults, R- Prepare expressly for the oecaston) by D REGIMENT FULL BAND, undot Salcedo, the very with ‘nd a ludicrous Trundle Race. E; Twenty expert ska rac Jouded Fat appearance of a Call. wn course three circuits, over twel hinese Grotesque race uf the heathen Chinese. characters with time for refres! Tost ether wi it Lay of xbib. 0 P. MF The Shadow And nccompilihed of rhe by ebild ment, 10, Robin aS I's Revels, ight scene in the out: skirts of Sher pertaining to the ¢ of tue merry woodsm The PRrevellles by the regimental Drum Corns. At the Wouter of novella td Moor ai tence be open to skater Mustoan PROGRAMME. K. ++.Con: reh, niroduclng ihe Recsion rt Afr of U nied Fani 11, Watts, “eho (Introducing two wilitary inane 12. Largo, from * op. 10) wads and full drum corp. j de ph Angot”’ RowERy THEAT Every @ Ne, MORLAC Beethoven terno, rbach ANT TRIUMPH celebrated HI, Miss Mand ¢ ‘Gewaids Donwd Meks and hls tribe of Indians ina new border drame Uy Hurry Soxme A GNCK UN THE BLACK HILLS, prece od ‘pvthe farce of TUNIGE MARKIED. A DR. L. J. JORDAN WILL SHORTLY OPEN HIS MUSEUM OF ANATOMY, SCIENCE AND A at 1,146 Brondway, New York. YL RERLES TiVOLT Tie Ath Sth st, betwee Lola, John Hogan, Tie ang Mactin Ber rHhies, Pantomime Kimka and Littie Boy Blue tu begin the taini MATINEE MONDAY AND THURSDAY. OMS, Feed ROOM AY, AND OTH ¢ i HLLIANT, Pa tee Ehime ais bal § Et TING | jatemt and, b st, “with rb lithograph titie, by Namo,” 3 f Kindly. nly os mond’: Kil Kalo (jouuMatA OPERA HOUSE, CORNEK WET 4 ‘ireeawieh av, KANOR Stairs FASCINATL Gt Fons KS Parisian Lite; or the P Female Bathers, in real wa Celot's Femato Minstrels, Fren y by 70 of the best formed Indies « wt Matinees Ty ators Spicy Comedy, — Original with a Vengeance, Art Ladies ip the world, N. count! ines ath, Matlocen Tuesdays, Thursunys and Saturda: BITTER THAN BLUE tem season will be ¢ Hall, on Friday evenin: BALLAD, J. 1B. THOMAS Just what U want t PRCUL RT, New ARGYLE ROOMS, NE tiers ‘fay: ei & CO., 711 and 843 Broadway, wet oe mn the hven- ata, | Ae MARY VAN BUSKIRK, | p** WITHIN BAD, AMUSEMENTS. oxews MEATRE COMLQU! Sha ig La v) PR AY. tig “HAKBIGAN 8 petite Domestic Dram + “Night Of" Dot, Dare Bee Barry, Bawii Reine, Willy tray MATIN FB WEI vagnilicen. ale rteininent bl SUAY AND D DATURDA) THAN Borat HOUSE si i U OPERA MOUS: STH AV, and 23D 8T, Pao & DONNELLY a RVSEUVED SEATS, hie: ao CENTS RESERVED TATRA tn orchestra circle NTS the same as are charged iver, Best class thowtres, aud tay be secured two weeks in advance THR GREAT MISS MULTON, THE GREAT 8 Miss MOU? The Miss THe Miss MULTOS THE v MISS MULTON, UNION SQUXKE cast, scesiny, £0. Boshusivetically wolanied by tall, aud. fashivtabie bon M SDAV AND SATURDAY. AT 2 ation for produetiox iv splendid style, the by ay BOSE MICHEL: EVEN) TonpENY oF los ZMALMITES & PALMIERI DEY MANAGER, THE FASHION ABLE MUSICAL EVENT OF THE EASTER SHABON, LED ” COMPLETR ae TRIUMPH OMIM ATION, Fab eXTe PR oh Vir HEARD ine New | Se0OND oreERA sian. "hither. IL TROVATORE, Hy TROVATORE. Mme. PALMTIERY in unr great © CAMBELLE, the ine contral or GRLADA, the great tonots be BERTOCAST tire termous Garliane, 46, Coute di Luss TDA NEGRO, the eminent basse, iy FIRST GALA UNDA ARTI sts TO-MORROW, TO-MORKON MONDAY, by request, BALLO IN MASCHBRA, Im active relearsal Verdi's grand tacic overs DON CARLGS DON CAKLOS, f Music, at 701 and ved yen. wemy if PRE EB MkD AND Ast APL EL HO: SATURDAY. APL IL 7. TELEPHONE Matis ‘Transmission of im viuenpa of Avoertonn Mr. Maur wkosch hus the ho the third and last public perforinan Grays mrvelloas NE Mest: OAND ONLY BS. TELEPHONE will take place on FRIDAY EVENING, April @& Mar sical metoales will be portormedin Philadelpiia end /dis- tnetly heard by the audience in New York, ats th extra. Reserved Steinway iat, also at 111 Broadway, and Se! Admission $1. Reserved an De secure: at Rultina per, EE 888g gis pee R Ssesq of Bygg8 Bygy5 ra BS Hege Ssss° Syss' A GREAT HIT! 1! THE Si 8! bette OF TUE DAY Proprietor Mit AUGUSTIN DALY The NEW ROMANTIC DRAMA bi created an IM- rancid POPULAR BENSATION Z w 1 ALLS follow every act 1! ‘The UTM PREVAILS frou the rise to tie fall ofthe curtain, DLE! Les Ry AME: WIS, Ww Davitt ¥, MARDEN IG RY C JOUN DREW, Mis E GEORGIE DRE and incidental to the third aet Mile, ROSA, Miu Sit MILITARY, TABLRAUX !2 TAMATIC. SURPRISES T EVERY NIGHT at 8; over ks shoad! $1, $1 50 FECTS GORG PHRILLING “THE PRINCESS ROY. ati two ‘Lt ‘The Magic Mirror 11) “ROYAL! ! ‘The Moving House Perfect To-night, ion Perfect Tonight, aban 1s Perfect To-night, RINCESS are cay FIRST GRAND MATINER] * SATURDAY AT 2. RESERVED SEATS _ ROYAL” MATINEE, BOOMs Se eee he MATINEE RVEIY. SATURDAY, SEATS SOURED TWO WEEKS IN ADVANCE, Attoution is respectfully culled to 4 @ wotice, us the demand at pi UNUSUALLY GREAT. MR. LESTER WALLACK ry THR AWFUL DAD. “My Awfal Dad,’ at Wallack’s, has taken the tow Brimming with funny dialogue wad ludierously droll situ: ted humor, rendy wit wnd sparkling repart in irrosistyble feelin: of Jotlicy from ul “The co wan kept in a roar ol Iaghtor from frst to last. ‘My Awful Dud’ is unquestionably the most brilliant hit of the Wallack ale, ME. HARRY BECKETT RIGHARD EVERGREEN MISS ROSE WOOD... MATILDA WEDOAGA Mit. EM. HOWLAND, Mie HANSON, Mit. okOS AKD, MRO EDWIN, MES. JOHN SEFTON, MISS Joxteuise “Ranen, Miss CLARA WATE, Miss ETHEL THOKNTON Pie te SCENERY’ and APPOINTMENTS, Box book open two weeks in advance. pus GREAT NEW YORK gt, akiuM, Broadway and n daily from A, M. IVIENNE LUB Mins Specially req frou 286 Ta:tamed Madrigal Hoyt and ort NG mn tos Kulnerged. and Glee Cina, Chole AFTERNOON from Mammouth € Austrian Blind = se EW MUSI NEG in the Gutter, Dream of Love is Over.’ ve Only Keen Down to th b. Send stamp tor catalogue. HARDING'S, poaive Pring . EXCURSIONS. {prom GRXCURSION — SALOON Ste AMES, AA. Borges and Grove: open Sundays MA KADSKELL, 119 South et wi Liquors, a. Of INVALIDS' USE TILE JONGZACG COGNAUS All purest wnt IGTOR B, MAUGEH, 110 Reade at, ——— STORAGE. fULASS STORAGE WARE. trunks, cares, pinnor, orne. Jeposit vaults for valual ail sites iu vaults to rent, by the mouth or year, edeviate security. 4th ay. ee ee 109 to th st. neat ONRILL a HROTHERS, STORAGE.—WEST SIDE STORAGE WAKE houses. (Established 1840.) Btorage nad safe keeping for furniture, plan bageage, theatrical pertic in separate rooms: the ulds sive and respectabl stn TAUGART, Owuer and Manager, office 063 Mudsou si-, owe 12th wi, VAGLE STORAGE WAREHOUSHS—seR Maclean and order (Murtaugh improved elevator.) 1UG-107 wor went of tith av, Mira & BROTHEWS STORAGK WAKEHO! in 4 Compartments, ay. tor Furniture, Pian Micrors, Carriny $1 per nouth and upward; 1 ay and 47h Neves sronage, WAREHOUSES, 750, aa, 704 stir uh te. rooins fer” furniture; avurags for carriages, genera: iasronaea SMITH Stk Teoprietors. JTOKAGE IN SEPARATE BROOME, “AND MONEY loaned on Furniture, Pinas, Mercvandise, ‘ke., ia a fest Clans warehouse, Address SEOM Aaa} od oak NE WAKGER WAKEH th wt, having y are prepared to gi other warolouse in the city for Uaggage and goods of ev au Inspection Invited, aye of furniture, pianos, ription aod at lowest rat iy West Sith st, A MME. RESTELL, IN PRAg’ . Ofiew 1 Bast 52d st As K AND MME. GHINDLE—R eottice No. 142 West 48th st., between A —MADAM epeeshe? ~° ADEN. ith and 7th avs, 312 Rast Oth st. 2a 15d Kast 83d wt, AND MMW nT 15 West 25th st. a ‘Wh and 8th ave, Di AND iM ae Office M ME, A.M MAURIGEAU, MIDWIF Kesidence No. | Bast O2d at. (late of 120 Laverty a)