The New York Herald Newspaper, April 11, 1877, Page 5

THE. COURTS. A Penitent Milkman Imploring the Milk of Judicial Kindness. A COCKNEY TAR OUT OF MIS DEPTH. Military Obligations of Disbanded Militia Companies. WILL OF THE CENTENARIAN LAHRBUSH | The unexpectedly severe penalties imposed upon milkmen acknowledging the soft impeachment of watering their milk do not seem to be relished by all of the derelict lactea! vendors. Moses B, Poliasky, who pleaded guilty to the indictment of selling watered milk, and was sentenced by Judge Gildersleeve to pay a fine of $200, and also to thirty days’ imprisonment in the Penitentiary, was yesterday brought before Judge Donohue, in Supreme Court, Chambers, on writs of habeas corpus and certiorari, sued out with a view to effect his discbarge from the Penitentiary. Mr. Hugh Coleman, counsel for Polinsky, made quite an elaborate argument in the case, Ho insisted that the ity imposed by the Court was clearly in vio-~ *Tation of the Laws of 1862, chapter 467, as amended, Laws of 1864, chapter 544, ending the same; that tho only penalty which the Court could have imposed was a tine of $50, and if tne fine was not paid then imprisonment in the Pent- tentiary for thirty cays; that the law in the caso s1 ply provides that eny person or persons who 6! oowingly sell or exchange, or expose for sale or ex- change aby inpure, adulterated of unwholesome milk shail be deemed guilty of a misdemeanor, and on con- viction shall be punished by a fine of not less than $50 for each and every offence, and it the fine 18 nut paid shall be imprisoned for not less thay thirty days in the Penitentiary or County Jail, or until said fine sball be paid; that no power exists in the Court to impose both punishments; that it must exbaust ono n nalty in the esort to the other; that of the penalty and it case alluded to before it & statute points out the ter Must be strictly pursued, and that whenever a Biatute creates an offepce expressly provides a punishment the statutory provisions must be tollowed out strictly and expressly. Ho then went on to say shat tn two cases which be had before Justice Davisin shis Court in 1873 the same identical question was argued, and Judgo Davis decided that the Court of Bpectal Sessions of avy other Court bad no power to inflict the punishment of fine und imprisoument at tho same time that the first punishment would have to be inflicted, and if the prisoner refused to pay such fine then the duty of the Court was to impose the 1m- prisopment, He then added that if tbe prisoner has eon convicted of a former like offence yet that cannot militate against him im this question, as the statute doos not make any provision applicable to the prisoner Polinsky. As to the Be of Health, he claimed that it hae po power to pass ra ordinance making a mis- demeanor or creating an offence where the Legislature has already created an offence of a like navure, the Legislature being the higher power and the acts of the Board of Health being subordinate to the acts of the Legislature, Assistant District Attorney Tracey made un elaborate reply, combatting strenuously the various points raisea by the opposing counsel. He ing snch violation of the Bourd of ishable by fine and took tbe pi sion to-day, HIS FIRST TRICK AT THE WHEEL. A case of an amusing character, in the light of the contradictory nature of the evidence and the manner of testitying by the principal witness, came up for trial yesterday detore Judge Sheridan, of the Marine Court. It was a seaman’s case, the complainant being Jumes E. Lowe, a sailor on board the American ship Southern Chief, and Captain Howard M. Higgin the detendant, The sult was brought to recover $1,000 for sllegea assault and battery on the biga seas. The de- fondant, as he appeared in court, was un object of some wonderment to the members of the Bar present and to the crowded room generally. He Blood six feet five and a half inches io his Stocking feet, and weighed 265 pounds avoirdupois, and withul aa straight and erect as the pines in the forests of his native State, Maine, The plaiutif bis testimony in the purest cockney and amused the Court immensely With his reckless treatment of the Queen's English. He said he joined the ship at Liver- pool on the 3d of March las “Please state,” askcd the counsel, “the circum- Btances of the assault.” “Ou the 7th, tt being my watch,” he replied, “I took my second ‘trick’ at the w’eel; they were then hout four days; the weather was ’azy und the wind hua- Bleady; the w'eel jerked about; Captain 'iggins came batt and hasked me a-what } was a-doing with the ship; bi answered, ‘Nothen, zar;’ be wold me to sleer close to the wind; J ‘aa the gais a-shaking, he suddenly takes u ’old of my nose; then Jews mo ‘ave an ‘it in the beye, and another in my ribs that knocked the wind a’most outer mo; then the mate 'e bait, and the captain says’ to him if hever I 3 a’near the w’cel again to take a club and club my ‘ed hoff,” “What is the difficulty with your nose?” pursued the counsel, imprisonment, Judge Donob: ers, Stating that he would render his deci- *‘Ab, no difficulty,’ replied the witness, looking | bewildered anu greatly puzzled, and after drawing a long breath continuing, ‘no diflicuity as ui knows ol,”” *+After the captain pulled your nose?” “Ab, bafter that hit wasn’t as hit orter to be.” Four witnesses swore that they saw the plaintiff im- ediately alter the alleged 11 usage and that he pre- ted a black eye and that he complained of sore ribs. What was the difficulty with his nose?’’ asked the counsel. “i didn’t know of any difficulty he bad witn his nose,’’ answered the witness; ‘the only diflicuity be bad was with tue captain.’ For the deience the captain swore be never touched or laid a hand upon the complainant during the whole voyaze, Four witnesses swore that they remembered the 7th of March at sea; saw the plaintiff and didn’t observe as much as a scratch upon and never heard him complain of his ribs or that be bad been abused by the captain, and knew nothing about the difficulty about bis nose. The jury ‘were out bul a short time and brought in a verdict for the deiendant. IMPORTANT TO MILITIAMEN, There has already been published in the Henao the fact of the disbanding of Compuny A, of the Seventy- first militia regiment, by its Colonel. An appeal to the Courts, since made in the case, promises to settle a question of no emall importance to members of our militia regiments. Some of the members of the dis- banded company claim that through its disbandment they are no longer members of the regiment It will be understood that the reuson of the disband- lng of the company was the fact of tho membership of the company having been reduced to below jorty-six, the winimum number required to complete a company’s organization. Upon the dis- banding of tho company its late members were con- Bigned to other Companies of the regiment The de- termination now is to bring the matter to a legal test whether such disbanding of the co:npany absoives its members from further mihtary duty, those refusing todo duty in any oth Jobo Sjarca, This rec sorapeny. was sant member Was accordingly fined tor non-attention to his military auues, and in deiault of payment of such fine was lodged in Ludlow Street Jail. df habeas corpus has been procured, and through pro- tecdings under such writ tis rroposed to determine the question. It is claimed op the one band that the colonel, having disbanded a company, has no longer Any jarisdiction over the disbanded members, and consequently cannot compel them to do their duty. On the other band, tt is mnsisied that by an act of the Legisiature a colonel of a regiment has power to dis- band any company when below the minimum number and assign the members to other companies, Tho case was to have been argued yesterday vetore Judgo Donohue, but owing to the engagemens of counsel was Postponed until to-inorrow. COUPON BONDS QUANDARY. Ferdinand P. Dempfil 1s the owner of certain first Hortgage bonds, with coupons attached, of the St, Louis, Lron Mountain and Southern Railway Company. {a an atiiaavit submitted yesterday to Judge Donohue he states that Mr. Henry G. Marquand, Vice President of the Union Trust Company, told him that he under stood that there was ow on deposit in the Union Trust Company some $12,000, the proceeds of the sale of some of the mortgaged lands of the ratiway uvon which the nds jn question = were issued; that be requested Mr. Marquand to ask Mr. Edward King, President of the Union Trust Company, if such money could be appited to the pays ment of the coupons, and that Mr, King told bim twat he did not seo why this could not be done; but he pre ferred first to ask conose! about at. Mr. Demptil stuies, further, that Mr, Thomas Allen, President of the railway compony, told him that there nad been a sale of some of the mortuaged lands, and that the pro- ceeds of such sale had been placed in the hands of the (rust company for the purpose of vying of the bonds ‘and coupons, Mr, King, biwevor, makes affidavit that tore is no money or ower property of the railway company in the Honds of tue trast com: nd What the latter is not Tiwebted to the railwa ny inaDy sum, As the nialter appears a iittle pot at the rath, Jadge Donohue yesterday granted an crave to show Cause Why some officer of the Union Trust Company should not be examined as to the facts of tie case, This order was made returnable to- morrow. YHE VETERAN LAHRBUSH'S WILL, Frederick Labrbush, the veteran who died a few days ago at the patriarchal age of 111 years, mado a will on the 26th Jaue, 1871, when ho was, according to his own statement at the time, 105 years of ago, The Among | A writ | ‘will then made was yesterday admitted to probate by Surrogate Calvin, In it be bequeathed to Elza Me- Gover his aged aad fuithtul housekeeper for many im of $500, The remainder of his accumu- bequeaths to the rector, church warden and vesirymen of the Churcu of the Ascension for the use of tte church, The executors are Mr, Edward J. Jaffray and Mr. James M. Browne. A codicil was added to the wilt in which the cbivalric old soldier says:—"Ip addition to the $500 given in the body of the will to Eliza McGovern I, in consequence of many years of devotion and fidelity to me, give and bequeath to the said Eliza McGoverao all my household turpiture of every kind and description contained in my apart- is No. 518 ihird avenue.” The deceased leaves no ‘+ of kin of any degree. SUMMARY OF LAW OASES. Fay was yesterday convicted on a charge of Passing aten dollar counterfeit note on the Lalayette National Bank of Indiana, He was brought before Commissioner Shields, and held in detauit of $500 bail. Judge Donohue has set aside the sale of the prop- erty in Brooklyn included in the assets of the Me- chanics and Tradesmen’s Savings lastitution, of which mention was made in yesterday’s Heaaup, The ground of the order was that tho property was sold too low. Before Judge Van Brunt, hoiding Supreme Court, Circuit, there was tried, yosterday, a suit vroughs by Moses J, Moody and James R. Calfuir against Robert L. Pell to recover on a note tor $10,000. The defence ‘was no copsideration, and this fact being substantiated to the satisiaction of the jury a verdict was given for the detendaut. A suit brought by J. Weyman Jones. L, Kent and others for ap accounting ant Oo inst George to enforce an alleged trust was yesterday tried belore Judge San- ford, in the Superior Court, and submitted. The suit grew out of the saie of 2,000 shares of the St, Joseph Lead Company to E, Rockwell, 1n 1864, for $6,000 and half of avy profits that might arise on the sule of the k. wero pay the $10 fine imposed, Having ‘been locked up ten days, Judge Donohue, on having his attention called to the case yesterday, and on represcntution of Colonel Spencer, their conntel, that thoy were respectable washerwomon, ordered their discharge. Augusta Wall, a young indy, eighteen years of age, hag, through her guardian, Carl Wall, brought a suit against Moritz Schwab to recover damages for alleged duction under promise of marriage. She charges that Schwab seduced her last July at No, 618 Eighth avenue, and that a child has since been born. She serts further that at tho time he promised to marry hor within a reasovable time, which he now refuses to do, but wants to give her a sum of money in o- ment Chief Justice Daly, of the Court of Commo Pleas, yesterday appointed Carl Wall, her father, as her guardian ad litem. Iu the matter of the contested will case of the late Judge Connolly testimony was resumed yesterday be- fore Surrogate Calvin. The case tor tbe contestants huving closed at tho last mecting that of the pro- ponents of the will was proceeded with, The testimony directed mainly to tho contradiction of the wit- of the principal contestant, the daughter of eased, Several witnes estified that they had known tho deceaed Judge as a political ieader, as a public man and as a friend socially, and that in e hase of life he never could be charged with havin becn of noticeabie intemperate habits. Henry Hotfiman has brought a suit by his guardian, Mina Hoflian, agai the New York Central and Hud- soo River Rairoad Company, to recover $25,000 dain- ages for injuries sustained, The cvmplaint states that Henry Hoffman, then an infant about seven years of age, got on one of defendunt’s cers attached to tho Yonkers train to ridé from about Thirty-ninth strect to Forty-fourth street; that while the car was tn mo- tion the conductor carelessly pushea the plaintiff off ube car. He fell and the rear wheels of the car passed over his leg, crushing and mutilating it to such an ex- tent as to render amputation necessary. The defence isa general denial. The trial of the case was com- Feng 4 rday before Judge Speir in the Superior Court, Messrs, Nelson Smith and Leavitt appear for the plaintiff and Mr, Frank Loomis for the delendant DECISIONS, SUPREME COURT— CHAMBERS. By Judge Donohue. Isaacs vs, McCunn; Beiter vs. Smith; Metropolitan Savings Bank vs. Quigley; Germania Lifo Insurance Company vs, Melhen (Nos. Land 2); Bell vs. Thomas; Hewlett vs. Bell; Davenport vs. Doushea; In the matter of the petition of the Disciples of Christ; In the matter of Fynn; The Union Theological Sewtuary va. Powers; Scharf! vs. Murray; Matter ot the Church of St. Mary the Virgin; Matter of Duchasel; Matter of Wilhamson; Vega v8. Jaffe; Hunt vs, Meagher; Wylie vs, Stilwell; Schoendelmeier ve. Arnbeim; Baidwin Davis; to the matter of Willard; Cohen vs, David; Beekman ve. Dunscoinb.—Granted. Hewitt va. Ping; Arnold vs, Serrell; Society for the Reformation of Juvenile Delinquents va, Bornet.— Motions granted. Mott vs. Mott; Listman vs. Blant.—Motions deniod, Saymisch va. Saymisch.—Motion denied, with leave to renow. Jacobs vs. Miller.—Motion denied, y ig See memoran- dum. Ehot vs. King.—Motion denied. Ido not think tho order should be made until pending appeals be dis- posed of. Hart vs, Meyers; Michel vs, Scheey.—I desiro to see counsel. Melzer vs, Metzor. —Reference ordered. Janes vs, Borrowes.—Exam:nation must proceed, Stone va. Torrey.—Let the party be examined. By Judge Lawrence, Murray Hill Bank vs. Smith.—Tbe affidavit was not sufficient to warrantthe granting of the order. The statement of the cause of action does not appear to be properly stated, But even il it be conceded that iho cause of action ufficientiy stated the proof of the exercise of due diligence is finding the defendant within this State, and as to the non-residence of the detendant js entirely detective. The motion is, there fure, granted, (Bixby vs. Smith 3, Hun, 60.) SUPREM¢ COURT—SPECIAL TERM, By Judge Van Vorst. Mosback vs. Amend and anoiber.—Reference or- ered. Cart vs Hall and others.—Motion granted, MARINE COURT—CHAMBERS. By Judge Sinnctt. KeKettrick va, Kelly; Schiesinger vs, Corlester; Nichols va. Taylor; Barras vs, Ryan to dismiss complaints granted, with $10 costs, Bohlen va, Bacthman (two Cases).—Vroceedings din- missed, with $10 costs. Scbampain vs. Hiller.—Justification dismissed. Kau!man vs. Michel.—Motion to vacate order of ar- rest granted, with costs. Mayer vs. Eckloy,—Attachment ordered, Dart vs. Stark,—Motion denied, Stebbins vs. Van Ranst. —Bond approved, Brewster vs. Gillette.—Orders vacating Judgments, Lan vs, Meyer.—Order to mark judgment secured on appeal. ‘Truax v8. Retle; tion discontinued. Foster vs. Tena Armstaedt vs, Kanu; Bates vs, Skingate; Batler vs Staftord; Harlow vs. O’Donnell; Lennison vs. Oppenbe:mer; Baldwin vs. Johuson; Bioch vs. Hoffheimer; Downing vs. Keegan; Denay vs. Feeny; Harris vs. Rappeport; Lessoer vs. Silver- man; Simon vs. Redling.—Orders granted and en- tered. Hawkins vs. Huerstel.—Motion to open default ‘anted, GENERAL SESSIONS—PART 1. Belore Recorder Hackett. SOUR GRAPES. Arespectablo looking gentleman, named Frederick Hennsler, residing at Mott Haver, was arraigned for trial yesverday under peculiar circumstance Mr, Hennaler, who 1s well and favorably known in musical circles and Prolessor at the Blind Asylum, is the pro- prietor of a very picturesque garden, teeming, in tho summer time, with beautiful flowers and pro- digious bunches of delicious grapes, His numerous friends enjoy these sights as well as his hospitality, and his grapes are said to bo as sweet and acceptable as the voice of a new tenor who learns more than the bighC. But the grapes could not dangle so temptingly in the noonday sun Without arresting the attention of envious passers by, | whose mouths Watered, so to speak, us the luscious fruit almost invited wcqauintance. The result wus that a horde of litte pilies ers were always in the neigh- borbood and gave the proprietor but little rest, His pedestrian exercises through bis garden were tro- quent, aud as he was known to be good natured the | lads Were bola and uoscrupaious. Mr. Henusier had | another enemy in the plump Little sparrows, which used to mnake bavec ali round, and by way vf combining | sport with plewsure be procured a gun Which once in awhile be filled with grams of shot aw the winged invaders, But the boys were imsati and Would have the grapes at all hazards, and, d many warnings, continued their plandering It bappened on the 2d of September just that Mr. Hensler spied a youth named Louis Grener revelling in los garden, and, thinking (o trighten him, picked up bis gun, and alter g.ving saMetent warning fired at aconsiderabie distance away, Some o! the shot en- tered the boy’s leg, but bo was, nevertheless, able to get over the fence bine feet high and go about his busi« hess, (he boy, however, made a complaint, Mr. Hensler was placed under arrest, aud yest ed, was arraigned tor trial, ot that he got over the fence, ine ng Lo Appropriate the grapes, When be was a of Mr. dtennsler's whereabouts by the per- In response to Mr William F. the defendant stated that his place at Mott Haven was infesied by thieves, and that his suruvbery wad almost been destroyed by their depredations in broad daylight. He was over tory yards away when he fired the shot, and emphatically Order of arrest vacated and ac. mine foration of his leg. Kintzing, his counsel, usverted thas be did not intend to hiv tho boy, bis object being simply to frighten | bim, Mr, Kintaing then examined a ber of witnoses as to the good character of t 5 among (hem being Mr. Augustas Scholl and Mr, Waite, Superiotendent of the Bind Asylum, who gave ample testimony of bis pencetul disposition, The jury promptly acquitted Mr. Hecnsior, who left the court with the hope that in futare his grapes would be let alone, A RECEIVER OVERHAULED. Robert Jackson, of No, 281 Mott streot, a brass modider, was arraigned" for trial by Assistant District | Company v: NEW YORK HERALD, WEDNESDAY, APRIL 11, 1877.-TRIPLE SHEET. Attorney Herring, chargod with receiving stolen frase J ‘On the ist ot April ped corgre ot Jane Me- uerin were broken into and robbed of a q of clothing. Detect traced I Jevin, of the Fifteenth precinct, the peer 5 ao , who was woe convicted, ‘Thy der seutenced him for term of three years in the State Prison, THE WRONG MAN. Nicholas Miller charged one Gotleib Steller, a milk Pedlor, with stealing $52 from his saloon on the 22d of March last, Miller swore that he counted bis money and placed tt on a sboll under a table, and that no other person but the prisoner was in the place from the counting to the missing of the money. Ip reply to bi counsel, Mr, John 0. Mott, the prisoner testifed that and witnesses were pro- duced to prove an excclient character for the accused. Testimony was also adduced to sh that the com- pang! stated that he was not sare whether he placed the money there or whether he had lost it, The jury acquitted the prisoner. GENERAL SESSIONS—PART 2. Before Judge Sutherland, PATRICK MAHONEY'S FIGHT, There was arraigned for trial yesterday by Assistan District Attorney Rolling a somewhat belligerent indi, vidual named Putrick Mahoney, who was charged with assaulting his sister-in-law, Bridget Donoelly. On tho 16th of March the accused, who lives at No. 16 W: ton street, in company with the complaiuant’s hus- band, went out for tbeir “bitters,’” having, in com- Pany With others, disposed of two quarts of whiskoy at filty cents wa quartthe night before. When he roe turned he was naturally irritated, but his ire was con- siderably increased when be found the ladies dispos- ing of what remained of the whiskey which had been carefuliy stowed away for tuiure discussion. He commenced ap attack on bis better half, ana when the complainant, who was her sister, attempted to in- terferein her bebalf, he veized a small axe aud in- flicted two slight wounds. From the evidence in the case it would seem there was a general mé/ée In which the fair sex took @ prominent part, Mahoney was found guilty of assault, and Judge Sutherland sent bim to the Penitentiary tor eight months, PLEAS AND SENTENCES, Wallace ©. Laduc pleaded guilty to the charge of stealing $30 worth of clothing {rom Arthur Purt, of No. 411 Seventh avenue, and was sentenced to eighteen months? imprisonment, Alvert Albert, who gave his residence as the New England Hotel, pleaded guilty to forgery in thothira degree, having on the 17th of Murch last presented to Thomas O, Young, of No, 113 East Eigbty-second street, a forged documeat, on the strength of which he ob- tained $15 commission, He was sent to the Stato Prison for one year and six months. Threo youths, named James Dunlap, Henry Zinglar and Jobn Harney, curried off two coats from in front of the store of Jackson M. Wawger, No. 36 Fourth avenue, on the 4th inst, They pleaded guilty and wero sent to the State Prison each for the term of one year, COURT CALENDARS—THIS DAY, Surkume Courtr—Cuampens—Held by Judge Dono- hue.—Nos, 63, 87, 182, 133, 134, 161, 168, 176, 177, 182, 201, 210, 243, 244, 253, 254, 260, 204, 266, Supreme Coort—Sruciau lzna—Held by Judge Van Vorst.—Nos, 290, 217, 1¥4, 218, 219, 220, 227, 111, 236, 240, 241, 254, 258. 269, 260, Bul, 267, 268, 186, 275, 174, 280, 49, 225, 385, 280. Scurreme Court—Cixcvit—Part l—Held by Judge Lawrence.—Nos, 3009, 2913, 1583, 3205, 3127, 2895, 8103, 3158, 3155, 9157, BL73, 2085, 467344, 777, 3175, 2719, 3835, 8277, 4723, 99, 4283, $255, 4257, 3289. Part 2—Heid by Judge Barrett,—Case on, Hewlett vs, Wood, No day calenvar, Part 3—Held by Judge Van Brunt, Nos. 1618, 2059, 2006, 1247, 1027, 825, 1611, 923 44, 328, 1509, ben 808 54, 4788, S161, 1558), 115, 2775, 4351, 4303, 2715, Paes Court—GrENeRaL TeRM.—Adjourned sine i ie. Suprerion Covrt—GrxeraL Trum,—Adjourned sine die, Common PixAS—GeweraL TxrM.—Adjourned uniil the tirst Monday of May. Sureniok Coort—TRiaL Tenm—Part 1—Hold by Judge Freedman,—Nos. 572, 573, 743, 1104, 1138, 683, 591, 784, 754, 777, 1009, 1034, 256, 1214, 940," 813, '861, 122, 340, 341, 581, 766, 916, 742, 414, 847, 87035, 654,’ 643, 819, '820, 6244, 836, 907, 536, 549, 540, 541,’ 599, 605, '1008, 635, 644, 47444, 189, 511, 597, 788, 311, 857, 837, 690, 811, 823, 581, 949, 710, 81 709, 388, 104%, 1050, 1053," 1055, 1030, 1082, 1063, 10 1066, 1069, 1072, 1 75, 1076, 1077, LOTa, SurERION © PRCIAL THRM—Held by Judgo 13, 40, 61, 14, 23, 24, 44, 49. Demur- vA, 3, ‘As-—-Equity Tena—fleld by Chief Jus- —Nos. 10, 21, 18, 24, 11. Demurrer.— Commo Puras—TxiaL Term—Part 1—Held by Judge Van Hoesen. —Nos. 1208, 240, 1170, 1476, 1161. 1139, 6%, 1568, 1217, 846, 1518, 1619, 705, 661, 27, 1186, 1692, , 627, 998, 500, O73, 1904, 629, 512, 1193, 702, 1142, 1107, 1008, 362, 7 Heid by Judge ‘Larremore.—Nos. 497, B14, 1097, 1215, 1050, 735, 736, 737, 738, 496, 1123, 740, 1067, 932, 143, 1311, 1129, 560, 1068, 175, 587.' 1040, 1769. Part 3—Held’ by Judge J. F. Daly,—Nos, 277, 1760, 1272, 631, 1145, 1258, 1063, 1054, 1247, 1060,’ 1735, "1188, 1264,'1266, 1078. MAnivk ‘Court—Tntau TeRM—Part 1—Held by Judge Alker.—Nos, 2069, 6096, $166, 5112, 4988, 6042, 7 6119, (6700, 7760, $108, 5246, 8239, 8082, 808% Part 2— Hold by Judge Sheridun.—Nos, 9119, 8117, 7035, 8215, $821, 5456, 1358, 8253, 8273, 8256, 6485, S186, 8464, 8441 8009) Part 8—Held by Judge Shea —Nos. ’ 655 8663, 8855, 766, 8604, 2719, 5086, 7097, 8958, 5789, 8112, 3826, 6468, 4531, 622. Courr ov GeNeka. Sxssioxs—Part 1—Held vy Recorder Hackett.—The People vs. William Horn, rob- very; Same va, Thomas Baker, felouious assault and battery ; Same vs. Michael Murray, felonious assault and battery; Same vs, George Schule, folonious ai suultand battery; Same vs, Daniel Rod, burglar, Same vs. George Vanleun aud Witham’ Sheppard, grand larceny; Same vs. Thomas Collins, torger: Same va, James McCarthy, petit larceny; Same v William Smith, potit larceny; Same vs, berino bduction; Same vs. Jolin Tremble, assault and ; Same vs. Stephen Fields aud Loring M. swindling; Same vs. Ciarke Jackson, orderly house. ‘Part 2—Held by Judge Suther- jand.—The People vs Frank Donohue, robbery; Same vs. Charles Hammond, robbery; Same vs. Alex- ander Pioret, Josoph Coyen, Albert Miller and Wiliam Woodward, burglary ; Same vs, Charles Sheldon, burg- lary; Samo va Joseph Smith and Thomas Clark, bur; lary ; Same vs, Peter Wrein, burglary ; Same vs. Geor; Griffith, Thomas Hendelanz and Anay Drumm, burg- lary ; Same va, Michael Murphy, grand larceny ; Same vs. John Kiernan, grand larceny; Sumo va. Joho Rt grand larceny; Same vs Joun Watson, grand larcen; Same vs, Richard Walcott, petit jurceny; Same v Mary Leonard, petit larceny ; Same vs. Joseph Seqcll, gambilng. Sanford, —Nos. 13, rers.—Nos. 71, COURT OF APPEALS. Aupasy, April 10, 1877, In the Court of Appeals the foliowing motions wore heard :— Mary A. Schenck, respondent, vs. the Mayor, &c, appeliaut.—Motion to put cause on calendar grant d and set down for 18th of April, Samuel Hand for mo- ton; Mr. Bell opposed. | No, 220. Peter S. Pulver, respondent, ve, Abram Martin, appellant —Motion to open defauit granted aud case submitted, C. L. Beal tor motion; Mr. New- kirk opposed. ‘281. Emogene F. Hibbard, respondent, Charles P. Haughran ond others, appeliants.—Motion to postpone case ordered for 234 of April, 1877, on payment of costs, Samuel Hand for motion; J. 3, Garlock opposed. ‘Lhe following appeals from orders were heard:— No, 452, ln the matter of St, Josep’s Asylum, to Vacate assessment.—Argued by Charles E. Miller for appeliant; J. A. Beall for respondent, No, 457. Samucl Rogenbuck, respondent, vs, The Manulacturers’ and builders’ Bank, appeliant.—Ar- gued by Joho E, Varsons for appellant, and Osborne E. Bright for respondent, No. 439. The Meriden Malleabie Iron Company, ap- peliant, vs. Charles J. Bandman, respoudent.—ar- | gued by L. Laflin Kelioge tor appellant, and J. H. Mc- Carthy for respondent.—Appeat disinissed with cost. vs. No, 450, Darwin Putnam, appellant, vs. Joho | ry, res pone Argued by 38. M. Kuowles tor appel- | Jant, and H.1. Usiey for respondent. —Appeal dismissed with costs, i No. 466. Stephen Sweet, appellant, vs, Hiram U. Tinsler, respondent.—Argued by William Barnes tor appellant, and Irving browne for respondent, GENERAL CALENDAR. No. 197, George Cohen, respondent, ve. John Ry Platt and another, appeliants.—Arguinent resuined and concluded, No, 279. Alfred Dewitt and others, appellants, va, 8. Clinton Hastings, respoudent.—Argued by Joho E. Parsons tor appellants aud Samuel Hand for respond- ent, DECISIONS HANDED DOWN. Porter vs, Waring; Porter va, Porter; Gnatry vs. Clark; Kellam vs. MeKensiry; Chaptoan vs, Portor; vs. MeGovern; Rockwoll va. Ginueliy; Kline | Queen's Insurance Company.—Judgment id, With costs, Franvklin va, 7 va. Ti Marston vs. People; Barnescertta and another udgment affirmed Gould; Western Transportation Hoyt; Dilieber vs. The flome Life | surance Company; Henpe vs. Wheeler. —Juig- ment reversed and new trial granted, costs to ubide event In the matter of Walter Brady, debtor. —Order affirmed. ‘The Peopie ex rel. Wasson, executor, &o., vs. Schuz- Jer, auditor.—Orders reversed with costs, The Real Estate Trust Company va. Keecn,—Judg- ment tnovified by inserting @ provision declaring that tho defendant was not liable for any deficiency, and as 50 modified judgment affirmed without costs ‘to either party in this court, | Vrooman ve, furner,—Judgment against appellant for deticioncy reversed with costs. Shaw ys, The Republic Lite Insurance Company. --- Judgment affirmed, with custs, alter deducting $00 0S from the verdict of February 9, 1 Levy V& Butterfield. —Appeal disinissed, with costs. Anderson v8. Acheson et al,—Motion tor reargument an imprisoned 8, ‘ontinental Life Insuravee Com- —Order granting & new trial roversed and judge Ment on report of referce aflirmed, with costs. Hallock vs. Domin jeder granting new trial reversed and judgment of nonsuit aflirmed, with costs, DAY CALBNDAR, The following \s the day calendar for Wednesday, April 11:—Nos, 263, 284, 286, 289, 200, 55, 249 aud 14s, UNITED STATES SUPREME COURT, Waautnerox, D, C., April 9, 1877, | plarmutt of Columbia.—Tbis was an action to recover upon a Graft of the Treasurer of the United States drawn in favor of the intestate of the detendapt in error, who sues as administrator, The claim was that the bank had paid itio parties not authorized to rect The judgmeut was for the administrates here marptained that the bank was not responsible, as it Was acting asthe mere agent of the United States; that the Treosurer was bound to know the signature of bis payee, wuich was entirely unknown to the bank, It ig also said that the suit could not have been main- tained by the original plaintiff and cannot be by the administrator, Riddia & Miller for pluintuf in error and Sholiabargor & Wilson for defendant, RUMSELLERS, BEWARE! 4 LEGAL BOMBSHELL AMONG THE LIQUOR DEALERS—LICENSES OF NO VALUE—NEW LEGISLATION NEEDED—A TEMPEBANCE CRU- SADE PROMISED. A case of geveral interest was determined yester- day in the Court of General Sessions, Judge Suther- land presiding. The recent decision rendered by the Court of Appeals as to the power of the Board of Ex- ewe Commissioners to issue certain licenses has natu- rally raised a commotion, and will doubtless result in the adoption of some measure by the Legis- Jature that will meet the pending difficulty. It would appeur that some years ago Mr, W. H. Mundy, a lawyer, insisted that the Board of Excise had not the power to grant licenses to saloon keepers to sell tptox- foating Nquors other than ale and beer to be drunk on the premises, Legal points ware preparod on the sub- ject, and, tor the purpose of testing the matter, an ap- plication was made to Judge Wandell at the Tombs for the arrest of the Commissioners of Excise. No imme- diate action was tuken, and later Mr. Mundy mado a similar application before Judge Morgan, the complaint being nally dismissed. With consider. able persistency Mr, Mundy then appeared be- fore Judge Whoeler at Fordham and lodged a complaint against James Gibney for selliug liquor drunk on bis premises by way of testing the question abissue, Gibney was held under bail to await trial. The Jegal points taken were finally sustained by the | Court of Appeals, It was argued that as far back as the government of tho New Netherlands in the seven. teenth century an excise Inw was passed contining the sale of liquors to be drunk on the premises to inn- keepers, and giving the privilege to sell small measure to be carried away to storekeepers, It was further claimed that this distinction bad been maintained with the exception of one or two short intervals up to the year 1855. Tho law under which the defendant Gibney was indictod was passed in 1857, The old policy of the law was revived by this act, which continued in full force throughout the State until 1866. In that year the Legislature enactea what was known as the "Beer law,” which gave boards of excise the power to license apy person to soll beer to be drunk on the premises, In the year 1886 the Metropolitan Excise law was passed allowing licenses to bo xranted to ‘any persons of good moral character,” but uid not refer to drinking on the premises. It would seem that this law ap- piled to the Metropolitan Police district except were inconsistent” with the law of 1870 Here the difliculty commenced, and the question soon suggested itself as to What portions of the law of 1857 were in- consistent with the Jaw of 1:70. It was claimed by Mr. Mundy that the law ot 1857 created two kinds of licensee—one an inukeeper’s license, to sell liquor to be drunk on the premises; the other a storekecp- er’s license to sell, but not to be drunk on the prem. wes. it was furtuer claimed that the law of 1870 permitting licenses to “any persons of good moral character,” being silent on the subject of drinking on the premises, did not grant the priviloge. It was also urged that the law of 1857 forbade it, and that that law ‘was re-enacted and made part of the law of 1870. Tho construction of this law as thus presented has been upheld by the Court of Appeals, and Mr. Mandy has therefore carried his point. General Sessions Was & test one, and as already sug- gested, will doubtless call for prompt action at Albany. GIDNEY’S GUILT. When the caso of Gibney was called a plea of guilty was entered, and Assistant District Attorney Roilins, who appeared oa bebalf of the prosecution, said that when he cai'ed the attention of the Court to the case on the day preceding Le supposed the detendunt would proceed to trial; but ho was now informed that by ad- vice of counsel he would plead guilty to the oilence charged, The defendant bad a license from the Com- missioners of Excise in accordance with the form which bad veen used by them tor several years past, whereby he was permitted to sell hquor to be drunk on the premises. lp view of the faet that the detendant pleaded guilty it was unnecessary to direct attention to the various provisions of the statute which had recently received its interpretation by the Court of Appeals, The main provision set forth that whoever sball sell intoxicating liquors to be drunk on the premises and who has not obtained a licence therelor as an inn, tavern or hotel keeper shall foriett the sum of $50 lor each of- fence, The defendant in this case traukly acknowl edged that he did seli liquor on his premises be- lieving he Was under protection of the licence which ho had obtained from the Commissioners of Excise, Of course he (Mr. Rollins) might fairly assume that, under the circumstances, the Court would not inflict a severe penalty. A NOMINAL FINE. Judge Sutherland, in passing sentence, said that the defendant had a0 license to keep a tavern or an jun. He had a liconse granted by the Excise Comm! sioners on whe theory that they had aright to grant it ‘The defendant doubtless supposed that the licouse so granted authorized bim to seli liquor to be drunk on the premises. There could not be, therefore, any criminal intent on bis park Nevertheless, as the re- sult of the decision of the Court of Appeals, it would appear that tbe Excise Commissioners haa no power to grantthe liceuse by which the law was violated. The Tesult wag that the defendant would have been con- vicied if he bad gone to trial, the supposition being based on the fact that be would have admitted that he had sold liquor which was drunk on the premises. Ac- cording to the law, however, 1t would be inferred that there was criminal intent from the interpretation put upon it by the Court of Appeals, in this tustance there Was hothing left for the Court to do but impozo a nominal fine, As matters now stood he would advise the defendant to stop selling liquors, there being no other suggestion (0 olfer in view ot the recent decision, for if he were brought up a second time, knowing tho law, the presumption was that he would be punished, Under the circumstances tho Court would impose the fine of $1, STOP BELLING LIQuoR, ‘This was a very importuot question, and the Court did not desire to control the action of the defendant in the matter, In view of the decision of the Court of Appeals it was clear that (hose who bad not the proper licentes must stop selling liquor; and indeed, added Judge Sutherland, it would not bea terrible calamity i they did, The deiendant then paid the fine of $1 and was dis- charged. WHAT THE DISTRICT ATTORNEY SAYS District Attorney Pueips stated yestervay that after the decision of the Court of Appeals. and upon com. the Grand Jury, so that the matter might be dispor of in court. As theginatter now siood, the law, a in the law. Mr. Phelps farther intimated that tt was his Province to act upon complaints as presented to him, and that In every instance it would be his duty to act with the satne promptitude with which be acted in the caso of Gibney, ‘The District Attorney thought that the matter would finally be remedied by proper Jegisiation it w certained that the temperance people ure about to take advantage of the decision of the Court of Appenis, und will organize a temperance crusade under the jeadership of Oliver Cotter. PROTEST OF THE COMMON COUNCIL, The Common Council bas passed a resolution pro- | testing against the proposed Albany legislation giving to the Police Board authoriiy over the granting of liquor heenses, This action was taken ou a pevition from liquor dealers of tho Yourth Senatorial district. 2R SELLERS. BAD FOR BE The suit brought in the Kings Court Court by Mrs, Mary Ireland, before Judge Moore, against Louls Proseh, a lager beer dealer, to recover $1,000 damages for tho luey of the services of her nusbund, under the Civil Damages act, was conciudea yesterday churgod Prosch with selling mtoxteating drink to her husband. Tho jury rendered a verdict tor the plaintitl, who is awarded $560 and costs, The w remarkable ag berg the first of the kind ever tri in Brooklyn, Counsel for detondany gave notice of his iutention to appeal trom the dee LOCAL OPTION IN NEW JERSEY. At tho recont town election in Montelair, Essox county, N. J., a majority of the oltizens votod against the licensing of any taverns, For this reason the Spe- cial Sessions Court of Newark yesterday refused te heeuses to persons to sell liquor, ‘Tippiers will, th fore, beconipelled to disponge with their "cou or purchase it by the gallon, A POLICEM AN e PUNISHED. Officer Michael Cleary, of the First police precinet, Brooklyn, why beat Mr, George Batty, of Lawrence stroet, about tWo weeks since, in such a terrible man- her that his life was at one time despaired of, pleaded Ruilly before Justice Walsh, yesterday, to assault and battery, He was thereupon sentenced by His Honor to six months In the Kings County Penitentiary, [tis expected that the Grand Jury will find an indictment against Cleary for assault, with intent to kil This inatotment will in nowise cooflict. Should sach, how. ever, not be the case, and an indictment merely of as. | Saultand battery be found, the present sentence will No, 211 First Nationat Bank of Washington va, Whitman—Error to the Supreme Court of the District stand as it is Cleary will bo confined in Raymond Seat pi to await tho disposal of his case by the r uty. The case taken to the | plaint being made, be sent tho case uf Gibney betore | ad NEW YORK’'S MORTALITY, A FAVORAULE SHOWING IN TUE DEATH RATE AS COMPARED WITH FOREIGN CITIES—LAST WEEK'S DEATHS. The following is the quarterly report of Dr. Nagle touching the mortality in this city for the fret three mouths of the year. Comparisons are made between Now York and other cities? death rates also, This is the report :— W. De F. Day, M. Roxivter: D,, Sanitary Superintendent and equal to an an the population, which the middie of the year. ably with the Int pone And foreign eities, The tatest 4 show an annual death rot woatimate This death ra 2 Du Bruns Ree Calcutta, + terdan, els, Goueva, x +B i . Turin, 45.7. Atinow population ew city’ “iss increasing, the mortality for the quarter onding Mai S77, was 1208.8 ens than A BL, he average numberof deaths f the mat, 1 than’ in 1873 and was particularly which, with 1 exception, were below (he avernge u for the corresponding quarter of the preceding five ye Smallpox. Measles: Searlati Diphthe Whooping eon ‘Typhus ever Typhoid tever.. Totals. DISKASES IN THE WARDS. ‘The dewths that occurced during the follow! th, TOS 5 euty-thid, 9%, a tdenths from scarla teenth ward, 60; trom diphtheria tie croup the 1+ oe 1A; from puerporal fever the Twenty-vveond, 4, and trons corebral spinal fever thy sineteonth, & LAST WEEK'S DEATHS, Dr. John T. Naxle, Deputy Register of Records to the Board of Health, reported that during the week ending April 7, 1877, 482 deaths were reported, being An increase of 40 a8 compared with the preceding week und 96 less than were reported during the cor- ponding week of 1876, The actu»! mortality for the ending March 31 was 466, which 18 1044 below the average number of deaths for the corresponding Week of the pasi five years, and represents an anual death rate of 22.57 per 1,000 persons living, the popu Jation estimated at 1,078,296. The following is a comparative statement of cases of contagious diseases reported at the Sanitary Bu. reau for the two weeks ending April 7, 187 Ww and 24 av., this (Wednesday) morning, at balf-past e o'clock. |AvGnTON —There will be a solema high mass jouth’s mind) for the happy repose of soul of the jaie Jous P. Mavonton, on Thursday, A) ist pine o'clock A. ugh Flattery pastor, Retatives and iriends are respectfully invated to ate tend, Howax.—Ricnaxp J. Howay, son of the late Thomas and Aun Povan, aged 22 years, ‘The irieuds of the family are requested to attend the funeral, from 81. Peter's Church, Barclay st, at balf- past pine Thursday morning, where a solemo bigb inass o/ requiem wil be offered ap for the repose of bis soul, His remains will be taken thence to Calvary Cemetery for interinent, Hvrenisox —lu Brooklyn, on Tuesday, April 10, DN. Gexwaxp Horeniom, M.D, only soo of fi aud Mrs, 3. B. Hatetwon, aged 23 year months, Nojice of funeral hereafter, Keukamy.—On Monday, April 9, Low beloved wite of Wiliam Keukamp, and only daughter of Dederick and Mary Fink, after a long and severe ili. ness. Relatives and friends are respectfuliy invited to ate tend the iugeral, from ber late residence, 33 West Washiugton place. Thursday, April 12. at one P.M. Kense —At 07 East 63d st, Apri s, Mrs Many M, Kersk, widow of the laie Kev, Wilham 1. Keese, + Funeral and burial at New Haven, Conn., Wednes- Sanan Ays La Funeral services on Weduesdvy, 11th inst., at twe o'clock, at the Laight Street Baptist Charch, Att. Luk Hospital, on Sanday night, Aprils, Witham AvousTUs MUMLEXBERG, D. D,, iu his Slat yeur, Pode spuied services in the chapel of the hospital oa iT ‘ednesday at two P. M., punctually, and at St, Joba- i, Where the intermont will take ‘place, on Thurse t1¥. M. No flowers, Boat tor ten o'clock train . Jonolund, Long Isiand Railroad, leaves foot ot East ‘or, at half-past pine A. M. Relatives aud Iriends are respectlully mvited to attend without rouice. JGHLIN.—In this city, on Monday, April 9% Jans McLouauiy, native of Maporhamiiton, county n, Ireland, iu the Sout year of his age. tives and iricuds are respectfully | to ab tend the funeral, ou Weduesday, April 11, at one P. My irom is late residence, No. 55 1st 56, Myens —On Taesday, April 10, 1877, Cartes & , beloved sou of Theresa and late Samuel M, Myers, in the 26tb year of bts age. Fuucral from the residence of hia mother, 221 West STth st, Tharsday, April 12, 1877, at two o'clock P, M. duy to> | | Friends are requested to send no lowers MeCantuy —{n Brooxiya, on Tuesday, April 1 James JosKrn, youngest son of Jany id Elien T, McCarthy, aged 8 mon.hs and 10 day: Funeral will take place ou Thursda April 12, from the residence of 118 parents, No. 174 Paarl st, Brook lyn, at halt-past two o’olock. MeGuing.—-Oo Monday, April 9, Coxnenius McoGumm, | In the 40th year of his age, Friends of tue family are respectfully invited toate tond the funeral, from his late residence, Em Park, Stuten Island, on Thursday, L2th tost., eleven o'clock | A.M., and thence to Calvary Cemetery. MoManus.—On Tuesday, April 10, MARGARET, bo loved wite of Wilham McManus, aged 67 yea | Fane Thursday vk, from her late rosiden Laurence’s Chureb, and iriends are invited. . —In the city of Brooklyn, on the 9th inst, Anny ANNA, wile of Walter Nichols, aged 55 years, Funeral on Wednesday, 11th inst., at one o'clock P, M., from her late residence, No. 401 Sackett st, The remains will be carried 10 Newport, R. Novan.—Tuesday morning, April 10, Joux Nouax, Typhus fever. estchester county, the law of beng phoid fever. 2 still in lorce throughout the balance of the State, in | Scarlet fever . 93, 1870 a new Jaw was passed, which was almost identical | Cerebro-pinal meningiti: 7 with the Metropolitan Excise law, and embodied toa | Measies,...... eee 88 great extent the law of 1867, “except such parts as | Diphtheria 38 Smallpox ... BROOKLYN THEATRE FIRE FUND. The Executive Committee having in chargo the work of receiving and distributimg the money contributed for the relief of tho suiferers by the burning of tho Brookiya Theatre will meet this morning for the pur- pose of preparing a public report of their work up to the present time. The total amount subscribed thus far is about $40,000. On February 26 the cash on hand amounted to 2876 60, Tho subscriptions in March increased thi unt to $85,312 20, It bas been decreased by distribution siuce then Lo $30,586 31 4,219 66 of which 1s deposited in the Mechanies' Bank, and $16,346 65 in the Brooklyn Savings Bank. Between five and six hundred persons are receiving aid from the fund, and tho Jargest amount patd to any ove family is $20 per week, which is the case of a widow with eight children. Tho payments are made every two weeks, and the money on hand will last about one year longer. BROOKLYN SUNDAY SCHOOLS. The Directors of the Board of Managers of the Brook- dyn Sabbath School Union have decided to hola the annual parade of the children on Wednesday, Muy 23. They anticipate, from the returns of the schools now in, that 70,000 JiWtlo ones will join in the procession, . > MARRIAGES AND DEATIIS. MARRIED, Cha! Hatnaway,—On Wednesday, April 4, by Rev. L, 1. King, assisted by Rev. Wilam H. Mickle, at Forty-third street Methodist Episcopal Church, Wrut- 1AM H, Chass and Laura V. Hatiaway, daugbier of late Jabez Hathaway, or this city. Demanxet—WHitk.—Av the residence of 8, P. White, Esq. st. April 9, by the Rev. W. 8. Mickles, 1 D., Wink M. Destanesr, of Piainfleld, N. J., to M Mane. F. Waits, of New York city, No cards, Foo¢—Jouxsox.—On Wednesday, April 4, at the res idence of the brido’s parents, by the Rev. Thomas Gal- Jaudet, D. D., F. Hexuent Foaa, of Boston, Mass, and Miss Ida H. Jounsoy, of this city. MorGax—MOrsk.— In New Orleans, March 27, 1577, idence of the bride's uncle, by the Rey, B. M. Palmer, D. D., JAwES APPLETON MorgaN, Esq.. of | New York city, to Oxtvs, niece of R. 8, Morse, Eisq., of | New Orleans. TATNALL—SAWwDON.—In Jersey City, April 10, by the | Rey, 8. N._ Rice, Janks W. Tatxau, of Wilmington, | ore and Vixxim R, Sawpon, of Jersey City. No | cards. Philadetphia, Bulletin and Wilmington (Del.) Every Evening and Commercial please copy. DIED. * Bayriztp.—On Sunday, the 8th inst., Freperice W, Baxrie.p, in the 47th year of his ago. Relatives and friends are invited to attend the funeral, at one P. M., from his late residence, 349 West | ‘25th st., on Wednesday, tho Lith inst. Interment in Greenwood. Batowr At Yonkers, Sunday morning, April 8, the residence of his sun, Hail #, Baldwin, Axsow Bat Wi, aged 77. Funeral services will be hold at St. John’s Church, | Yonkers, this (Wednesday) afternoon, at hall-past two | o'clock. Carriages will be in atiendance on the arri- | val of tho 1 o'clock train from 30th st. and the 1:30 | train from Grand Central depot. Bensieimten,—On Monday, April 9, Mra, Yerren Benvuniner, aged 77 years and 6 months Funeral from the residence of ber son, No. 74 7th ay., this (Wednesday) morning, at hull-past nine. Friends and relatives of tho family are respectiully in- | vited to attend, April 9, 1877, Sitoy ©, Brag. his age. BuaGpos.—On Monday, Rolatives and {riends are invited to attend the fu- t pox, in the 74th year of | terpreted by the Court of Appeals, with which be | neral, on Wednesday, 11th inst, at two P. M., from Jolly agreed, was such that the several thousand liquor | th idence of his eon, Edward 0, Bragdon, 612 | dealers in the city wuo had no hotel or tavern | G v., Brooklyn. Hicente could be proceeded against for violation of | Bar ‘On Monday, April 9 Maste, wife of Joxuva M. Brust, ip the 89th year of hor age. Rolatives and friends of the family are respectfully | invited to attend the funeral, trom her Jute residence, 98 Franklin av., Brooklyn, on Thursday, April 12, at | two o'clock P. M. Bynxe.—Monday, April 9, Encr: Michael Byrne, of Bright's dis 32 years, The relatives and friends of ber father, John Con- | dron, and her uncle Edward are respectiully inviied to attend her funeral, on Thursday, April iz, trom ber late residence, 701 th av., corner 48th st, thence to Calvary Cemetery. Dut, Pravo,—On the 7th inst, Canonixn, the eldest | daughter o! Ricardo and Caroline Del Prado, aged 8 yeurs, 7 months and 24 days. he ‘uneral will take placo from her tate residence, No.1 et 50th st, on V sday, the 11th inst, at eleven o’ciock, A. M. ‘The relatives and triends of | the family are invited without further notice, ) Eueny.—At Jersey City, Tuesday, April 10, Jases G. Ewery, Notice of funeral Thursday. Fosreit.—Jos. ©. Fosren, on tho 9th inst., in tho il year of bis age, | Die notice will be given of the funeral | Graves. —OF diphtheria, op Saturday, April 7, Kate Lockwoon, aged 17 months, and on Monday, April % Howarp Frasciw, aged 3 110 months, ouly children of Chariek Francis beth RK. Griftin, | iAUL.—At Brooklyn, ji denly, on Sunday | morning, April 8, Jouy L. Gaus, in the 76t0 year ot Lis je beloved wife of | he kidneys, aged | ral services willbe hold at his late residence, | No. 239 Bediord av., Brooklyn, E. D., on Wednesday alternoon, at ball-past two o'clock, ‘The remains will be taken to Hudson, N. Y., (by Hudson boat), jor in- terment there oa Toursday. Kelatives ang friends are respectfully invited, Gross. —On Monday, April 9, Henry Gross, aged 45 ears, * Kelatives and (riende of the family, also Congrega- tion Adath Israel, Hebrew Mataal Be dan Lodge, No. ‘15, U. 0. B.B., an y Rywjim are respectfully invited to attend the tuveral, on Wednesday, Apri il, at ten A. SL, trom fis late residence, No. 160 Kast Oth st. i. ee Tuesday morning, April 10, Mra. Estine . Hate Faoeral services will be held at the residence of Mrs, M. EK. Parmele, 09 Remsen et, Brooklyn, on Thurs: day afternoon, at three o'clock. No flowers, | Augusta, Ga., papers please copy, Hows,—at Montclair, N. J., on Tuesday, April 10, ELiey Avausta, wife of Andras B, Howe and daagh- ter of the lato Captain Joseph Gould, of Lincolnville, Me., aged 37 years, Funeral services at her late residence, in Montclair, ov Thursday, 12th inst, at hall-past three o'clock. Train Jeaves foot of Barclay st, und Christopher st., pb York, atiwo P.M. Lnterment at Greenwood oa ‘riday, Heriev.—On Monday, April 9, at her lato residence, 830 Kast 24th st,, Catiening Hurry, aged 45 years, | oral from the Charch of the Epiphany, 2lst st, 1 | funeral, from 322 Kast 39th st 3 | 238 Leonard at,, Brooklyn, | ness, Ki ¥ | UL, at halt. Friends of the family are requested to attend the on Thursday, April 12, at one o'clock. O'YooLk.—On April 9 at Dis residence, 468 Ber; , Brookivn, Hvam O'TooLe, aged 84 yours, Relatives and friends of the family are tovited to ate | tend the funeral, trom St, Peter's Church, Hicks and | Warren sts., Brooklyn, on Wednosday, April 11, 1877, | atten A. M., where a solemn mass of requiem will be offered for the repose of tis oul, thence to the Holy Cross Cemetery. Vassetis —Tuesaay, April 10, 1877, Dutehhilla, Long Istana City, ALrreo Eviiorr Pas-e1.s, youngest won of Cassius and Fannie Passells, aged 6 years, 1 mnonth and 6 days. Fauera! se:vices at First Reformed Church at half past two o'clock Wednesday, April 11, 1877. Pixk.—April 9, Matitpa Jang, wife of Byron C, Pink and sister to Stephen D, Mediar, aged 22 years, 8 months 6 days, Relatives and triends of the family are respectfully invited to attend the iuneral, from her late residence, E. D., at two o'clock Wednesday, 11th. PoLtamus,—At his residence, Weatche: Wert chester county, on the morning of the 10ih inst, after a short illness, Joux Poumamus, in the 66h year of hig | st age. Notice of funeral boreatter, Porrer.—On Tuesday, April 10, at his late residon 63 West 24th at, Freobkick A. Porter, aged 59 y ce of funeral hereatte —On Tuesday, April 9, Tomas F. Propes, in the 77th year of bis age. Friends of the family are requested to attend hit funeral, on Thursday, April 12 one o'clock P, My {rot hig late residence, No. 102 West 11th st, Quiex.—At Brooklyn, suddenly, April 10, Captain Jon Quick, in the 6Uth year of bis age. ihe funeral will take place from his late residenc 123 Batler st, at ten o’clock Friday morning. Al relatives and friends are respectiully invited to attend, Retty.—On Sunday, April §, of @ lingering in , eldest daughter of Hugh und Ann Reilly, aged 23 years and 23 days. A Iife journey ended, a lite’s work well done; A iaith{ul soul rested, a glorious crown won. Rolatives and friends of the family are invited to attend the tuneral, trom her late residenc 165 Jersey av., Jersey City. on Wednesday, April 1 whee a solemn mass of requieus wil! be celebrated at St. Mary’s Charch at nine A. M, Rxitty.—On Tuesday, April 10, after a severe iif ky ANNk, the beloved wile of Terence Reill: nativo of Dungannon, county Tyrone, Ireland, aged years, The relatives and friends of the family, and those of bis brothers, Bernard and Jobn, are requested to at vend the tuneral, from her late restdence, 332 Kass 21at st, on Thursday, 12th imst., at ten o'clock A, M. thence to the Church of the Epiphany, 21st # and av., Where a solemn requiem mass will be offered fo) the repose of her soul; thence to Calvary Cemetery, Rocis,—Oa Monday, April 9, Joux 3. Rocne, youn; est son of James and Kilon Roche, aged 2 yoars, months and 14 days. uneral from the residence of hts parents, 314 East 49h st, on April 11, half-past one o'clock, The Irwends of the family are invited to attend the funeral, Roosex,—At New Utrecht, L. L, April 9, Benews Henry, oldest son of H. B, and Rebocca Roosen, aged 8 years and 6 months. SUANAWAN.—On Tuesday, the 10th SHananan, wile of Jona D. Shunahat inst, Ka’ in the 47th year illtake place {row her Inte residence, 131 Fourth plice, Brooklyn, on Thursday next, at 2 P. M. SHARMAN. —After a short iliness, Groncs BE. Summ MAN, aged 14 years and 4 months. Faneral from bis late residence, 290 South Ist st, Brooklyn, KE. D., on Thursday, attwo P.M. The rela lives and trends of the family are invited without further poti Sueuipax,—In Brooklyn, on Tuesday, April 10, Axe DREW SHKRIDAN, Agod 28 yeurs, Dative oF ADaharaithy, Mullagh, county Cavan, Irelaud. Kelatives and friends of the family are respectful invited to attond the funeral, from the residence of hi brotuer, Patrick Sheridan, 775 Myrue on Thurs. day, April 12, at three o'clock P. M. Sonia. —Alter protracted illness, Joseen Sorta, Eaq., a native of this city, In 70th year of his age. Relatives and friends ure invited to attend bie funeral, without further notice, from the Marlborough House, lattes’ entrance, coruer of 38th st and 6th av., on Thursday, the n inst, atten A. M. No flowers. ‘The mombers of the Hebrah Hased Jamot are hereby notified that the fuueral ot Joseph Soria, will tke place on Thursday, the 12th inst, at ton o' lock A: Muy from bis late residence, 69 West 38th By order. D. DE MEZA, Presvtent, —On Monday, Aprii9, W AM H., son of ptain J, C. Stowell. Relatives and friends are respectfully invited to ate uneral, from the residence of his uucie, Mr, ldon, 47 Frauklin st, on Wednesday, April stone P, M. Interment at Catvary Cem@ ‘Limvson.—On Monday, April 9, Thomas Tinrsoy, on of the late William Timpson, aged 40 years, Relatives ani friends of the family, and of his jather-in-law Mr, Jamos L. Morris, to attend the faneral, from his late residence No, 237 st 49th st, on Tharsday, the 12th inst., ab 10 A, M, The remains will be taken to Westchester for inter ment, ‘oou%, —On Monday, April 9, after a short illness, JAM TOOLK, aged 63 years, of the parish of Ballie pndonderry, lreland, Relatives and friends of ihe family are requosted te attend the funeral, from tue residence of his son, cor hor of York and Gold sts, Brooklyn, on Wednesday, April 11, 1877, at two P.M Califoruia papers please copy. Warrnuciy,—In New York, on Sunday, April 8, af tera brief tilnesa, Joux W. WATRRRUKY, aged 55 years, Relatives and irieuds sre requesved atcend the funeral, on Wednesday, A. M.. from St. thot Church, 5th ay,, corner 63d at LD. uesday morning, April 10, Faeberics | ComMiNG, seoond son of De Witt C, and Elizabeth | A. Weld, aged & years and LL months. Funoral private, trow fis fate residence, 261 Henry | st, Brooklyn, on Wednesday, April Li. | Wart —On Tuesday, April 10, owe A., wito of Ackersou White, in tue 28th year of ber age, | _ Relatives ant friends of the family, ali ren of Constitution Lodge, No. 241, F. Companions of Union Chapter 180, R.A. ML, a pes [gc to attend tho funeral, from he: ence 0 Ja loth st, Williamaburg, on Thureday® lock P.M. Jn the 9th inst, wriftax JS. Winttase BON, | 70th year of his age, Relatives and iriends are respecttully requested to Attead funeral, this (Wednesday) afternoon, at two o'clock, from bis Inte residence, 438 tb av. Arrnexticn Boys’ Longr, No. 7, AMERICAN PROTES- | TANT Assoctation.—The members of the above lodge are notified to meet at Lamartine Hall, on Wednesday, | | atone P.M, in tall umiiorm, to attend the funeral of Brother Wm. J. Williamson, Past Grand Master, Meme bors of sister lodges are invited to atu By order M, STEWART, W. M. Twos, R. Starrorn, Ree, Sec. A. P, A.—The Worthy Grand Lodgo will meet at the same time and piace. JOHN F, WRIGAT, W. GM Ws. Stewart, W. G. Sec. Woon.—On Tuesday, April 10, at rosidence of his brother, J. H. Wood, Herk ~ st, Brooklyn, of consumption, Gkoran Woon, aged re Funeral Aprit 11, at half-past three l’. M, Frienda Tespectiully invited to atend. een