The New York Herald Newspaper, April 14, 1877, Page 11

“a bill of $75 for THE COURTS. The Villas on Tarrytown Heights Mere Visionary Fabrics, A MODERN SARTOR RESARTUS. An English Draft Proving a Heavy Draft on a Poor Man's Savings. MEMENTO OF TOM FIELDS, —--—__ ‘The speculation of the Tarrytown Land Company ap- Peura to have been a failure, Judging by the suits now pending in the courts. One of these suits, brought by the Attorney General to dissolve the company, 1s now Pending in the Supreme Court, and another is one in. stituted by the trustees of the company—Joseph Se- ligman and Andrew V. Stout against William H. Guion—in which a decisio® was given yesterday by Chiet Justice Daly. Tha story briefly is that in No- vember, 1875, Guion bought from the company fi{tecn acres of land at $2,000 an acre, payabie in March, 1876, for the purpose of building a resiaence thereon, tt being represenied to him that a wealthy class of own- ers was to build on the adjomwing land. In his answer he says that the company bought the lands from Louis Roberts, afterward mavager of the company, and other parties, at a gross overvaluation. He now discovers, as be ges, that there was fraud in paying up the capital stock; that their promises were ‘unfulliled; (bat the sompaby is ingolvent ; hat the land is heavily mortgaged, and that it be paid the plaiptifls he would have no security against the parties holding mortgages, ‘the case came up on a demurrer by the tifle to this answer. Judge Daly pein pd gave his decision, embodied in the following opinion: — Ni The demurrer to the defendant’s answer should bo overruled, The three several matters setup in the Anawer are available as defences, in my judgment, A this action, First, fraudulently representing to the deiendant that the capital stock of the company of $1,000,000 was all paid in und that it was tuo inten- tiou of the company to improve avd greatly adorn the lands, so as to attract thither a class of purchasers to -buil nt residences thereon, and thereby greatly euhance the value of the Altcen acres purchased by the defendant, the fact beimg that the capital stock was made up of itond valued at $1,000,000, the actual value of which was litte more than one-third of that amount, second, thut the transfer of all the property of the corporation to the defendant as trustee under. the circumstances and in the manner described in the answer wus a transier which the corporation bad not authority to make, as it was giving tbe entire contro! of ita cor- poration offect# to a board of trustees, Third, that if the defendant puid this amount to the plaintiffs there would be no security against bis lability to pay it over again to the owners ot the mortgages, as the company ig wholly insolvent and its gaarantee against said mort- gages {6 Dow worthi that detendant is entitled to the equitable ald he Court to bave the $30,000 apphed to the discharge of the mortgages with which bis property ts now encumbered. assign the reasons for the conclusion that I have arrived at would involve the preparation, of a very long opinion in a detailed exposition of the facia averred, and of the Jaw as deducible irom the authorities applicable to * them, which, I think, at present would be an unprofit- able occupation of time, as cpon the trial of the cause the facts will be accurately ascertained in all their details, when the rules and principles by which they are to be governed can be more pertinently applicd, SUIT FOR A SUIT.. Notwithstanding the general impression that gentle- men of the sartorial profession trequently tind great difficulty im collecting their bills, and in tact are often “most egregiously swindled by their customers, it is very rarely a suit is brought in Court against tho dere- lict debtors. An exceptional caso was a suit brought in the Supreme Court against Peter Crystal to collect for a suit of clothes made for Crystal by Measra. Pottis & Curtis, Tho bill, however, had been as- signed to Henry Thompson, and the latter brought the guilt, which was tried yesterday before Judge Lawrence, On Crystal complaining thut the suit did not Mt him, the amende honorable was made by making such alterations in the garments likely to pacify him into their ac- ceptance, Crystal was still dissatisfied and seut them back with the message or words to that effect, nihil fit, On the trial yesterday, after the plaintiil’s side of the story had been told, the defendant was placed on the witness stand, “You selected the cloth, did you not?” asked the op- posing counsel 1n the course of his cross-cxamination, 1 did,” answered Crystal, ° ‘So there was no fauit-in this respect f”? “Not tho siightest,’” “You gave directions how to cut the garments ?”” “f did.” “You found fault with their not fitting??? “Yeu, sir”? “Were you not sick when the suit was ordered and did you pot gain eleven pounds between the time they were cut and sent to you?” ‘1 suswer no to both questions.” “Well, describe the particulars in which the gar- ments do not fit you.” “Lwilltry them on, and then the jury can judge whether they tit or not,” “By all moans,’ interrupted Crystal’s counsel, him try them on and show himselt to the jury. will be the best test of the meris of this suit. “Which suit?’’ asked the plaintifl’s counsel, “Both suits,’ answered the defendant’s lawyer, While those present were laughing at this expibition of legal repartee the defondant withdrew bebind tho jall board screen back of the jury box and speedily donned the suit ia controversy. -*All accoutered as he wus’ he exhibited himself io the jury, giving them firsta front view and then arear view and then side views, He then pulled at oneleg and then at the other, and then palied down hia vest, by bis manner mutely imploring the jury, but as effectually aa if bo had given utterance to the rhythm, but slightly changed, of ebild- hooa’s memory :— View me with a critie’s eyo, Dou’t pass my impertections by. The result had jis effect, The jary promptly gave a verdict for Urystal, UNFORTUNATE DRAFT PURCHASE, The Superior Court, Part 3, have been engaged for ‘he past two days in the trial of a case involving the validity of bilis of exchange drawn in cipher, and also question of agency, the full facts of which were pub- hsbed exclusively in the Heraup in November, 1875, In August, 1875, Samuel Joynson, adsiring to return to England, cailed at a shipping house in Boston for the purpose o1 purchasing a draft, He was, as he says, eu- Urely unucquainted with the nature of bills of ex- change, and even of the nomenciature of the different parties to such instraments, He purchased a draft of M. S, Creagh, and paid $2,900 for it, being ail he had in the world, tor which ho re- ceived a vill of exchange for £519, drawn on Edward W. Yutes & Co,, of No, 37 Castle street, Liver- pool, England. On presenting bis draft in Liverpool Mr, Joynson was iniormed that the drawers bad ni ersonal account with Creagh, but that the letiers C, . R. & B.,”? to whose count it was to be charged, represented a firm ol private bankers in New York vy the name of C. B. Ricbard & Boas, Mr. Joynson tind- ing himself In distress knew no other mode of redross than to return to New York to seek the payment of bis dratt-trom ©. B, Richard & Boas. Selling bis own and his wite’s clothes he managed to raise the means ot returning to New York, and found the banking house of ©. B, Richard & Boas. They refusea to pay the draft, atnough they adinitted that they had received $2,900 paid to Crengh, but Glaimed they had upplied the money on thetr uwn ac count against Creagh, They advised him to attach a few hundred dolwrs, then in their hands, and bring it against Creagh, who in the meantime had ab- wonded to parts unknown, Joynson tasied to see the soundness of such advice, and called upon legal coun- scl. Suit Was brought aginst G B. Richard & Boas ou two grounds—trst, for money had and received to Diaiotif’s use, and second, on the ground that Creagh, although signing the draft in his own name, was really the agent ol C. Bb. Richard & Boas, On the trial ex- | Governor Salomon appeared tor the defendants, and coutended that tne deteadants wero merely the w Let That 0 Creagh, and had a right to wppropriate the iun rf count as between them and UI | fhe principal == wit to sustain case was Mr. Henry W. O'Hare, had formerly been Creagh’s cashier and clerk, He Yolunteered tv come trom Boston to aid this poor mun 1u establishing his rights He testilied to tho tact of Creagh’s agency and to the warnings he had given Creagh for deceiving the public by signing | ‘iis pame Without attaching the word ‘agent. The | defendants stoutly denied the agency, Mr. Amos G. Huliand Mr RK. B. Gwilim, counsel for the plaintiff, contended that the drafts containing the cipher “Cc, BOR. B. made the instrament the fraft of delevdants, aud the sale by Creagh | of «such drafts constituted him = their age! They showed numerous wets tending to prove ay: lor a peried Of two years, and cited numerous cases un | the question of agency, wad the recent case of Engle vs Greenbaum, 2 Hun, 160. The case creates much Interest among the protession, as there are numerow persons Who buve been Awindied by this class of drutts. due (rial of the cue Was Conciuded yesterday belore Judge Curtis, of the Superior Court, without a jury, wae Wok the papers, reserving his decision, Messrs, Aus G. Hall and RB. Gwillim appeared tor plant, auu ex-Governor Salomon for odants, TOM FIELDS’ SURETIES. When Thomas ©, Fields got into his little diMculty, ciiminating 1 bis present foreign sojourn, he tudaced jis (wo friends, Wilhain H. Florence and Hawley D. vu ‘© become sureties On his bail bond, It not being sso iry for even the bess of friends to make (hem- hiidential | $ NEW YORK HERALD, SATURDAY, APRIL %, 1877.—TRIPL Fields promised to indem- ould he see fit to fail im ‘Dily them against any los: iting iv an apy runee ior inal, Fields took, as all now, ® rather ty departure trom the scenes there where be bad been so long and fam- tharly known, but after his arrival in Cuba sent back a trust deed of bis elegant mansion ‘with its spacious environing grounds on the Boulevara, for which he 1s said to have paid in the palmy days when money was flush with bin the round sum of $25,000, ‘This geemed allwery fair on the part of the fugitive Fields, but bis friends Florence and Clapp were slightly disgusted when they afterward disco’ ered that be had executed a full nty deed of his stately suburban mausion to M Jane Kerr, and turiher when they discovered that the deed to them yas subject to a inorty: against the property held by u Mutoal Lite Insurance Company, The acne of their disgust, however, was on a judgment rengered against them for $8,648 66 deficiency im the sule under loreclosure proceedings. Application was made to Judge Barrett to set aside this judgment for deticiency. A decision was given im tbe case yesterday, Judge Barrett bolds that a case for relief 1s clearly made out and allows the entering of a defence to the claim fora deficiency. JUVENILE GUARDIAN SOCIETY. The recent examination made by Theodore Roose- velt, Henry L. Hoguet and Josephine Shaw Lowell, a committee of the State Board of Charities, into the condition of the Juvenile Guardian Society, the result of whose investigations have already been publisbed in the Hexaup, hae had the effect which it was gener- ally anticipated would ensue uf on such investigations, Instead of getting et of $10,000 asked tor from the Board of Apportionment the sucioty gets tte benefit of a suit brought by the Attorney General ior its dissolution, Mr. Francis C. Barlow, us a represe tative Of gthe Attorney General, submitted a pe tion yesterday to Judge Donohue, in Supreme Court, Chambers, asking permission ‘to%vring such suit, Accompanying the petition was an wostract of the testimony taken belore the committce named above, tozetner with the affidavit of Euward D. Betten, Tn bis affidavit Mr. Betten states that upon investiga: tion in the Register’s oflice he had discovered three mortgages upon the building of the society at No. 101 St Mark’s place. He states further that no certificate Of jucorporation, as required by law, hus ever been filed in the County Clerk’s Otlice, and that the only document filed in regard to the society is one filed iu 1873, 1 which the assets of the society ure stuled wt $40,722 48 and its liabilities $33,500 Upon tbeso papers Judge Donohue granted the petition, and the probability 18 thut the suit will bo prosecuted without delay, A LAWYER'S DIVORCE SUIT. Samuel Cardwell, Jr.. a young lawyer, has brought suit for divorce, on the ground of aduliery, against his wife, Ella A. Cardwell. ‘The parties Were married in this city some six yqurs ago and lived together until May last. A motion was made yesterday before Judge Donohue, in Supreme Court, Chambers, by dr. Brennemer, counsel tor the detendant, to strike out certain portions of the complaint because of the in- detiniteness of the specifications, it being allegod that there was lack of particularity as to the times, places, circumstauces aud numex of paruies with whom the defendant ts charged with committing adul- tery. Mr. Samuel G, Courtney, who appeared on bebulf of the plainutif, read the com- plaint, which be claimed was sufliciently expiictt in allegation of the charges upon whieh a decreo of divorce is sought. He said, bow- ever, that one of the allegations, being general in its character, ho wus willing to have stricken out provid. ing he could be allowed to amend his complaint vy in- serting a charge of adultery committed since the bringing of the suit, Mr. Courtney stated that the summons was served on the delondant sho was leaving a house of prostitution in West Fourth street. He also commented on the tact that the motion was inade, not on any affidavit of the defendant, but of her lawyer and his simple averment that be cannot frame ap answer properly meeting tho ullegations contained im the complaint, TAXING NATIONAL BANKS, Through erroneous indorsement of the papers it was reported in yesterday’s HERALD that a dec'sion had been given, in tho United States Supreme Court, in tho suit of the Tradesmen’s Bank against the Tax Commis- sioners, The decision was in the Court of Appeuls, though, from the present aspect of the case, it is not unlikely {t may reach our chief judicial tribunal in Washington, As will be remembered, the Su preme Court, General Term, of this aistrict decided in favor of the bank, all the judges concurring, Tho Court of Appeals has now reversed this decision, Judge Miller writing the opinion, aud Judge Allon, formerly Comptrotier ct the State, dissentiag, Judges Andrews and Rupallo not voting, The question involved to the suit being whetner a double tax can be imposed upon banks is one of very great’ importunce to ull our banking instle tutions, Mr. Horace Barnard, counsel tor the bauk, says that the cage 18 in no way dependent upon or de- cided by that of the Galiatin Bank vs. The Tax Com- missioners, just decided by the United States Supreme Court, and that such decision presents nu barriers to un appeal, SUMMARY OF LAW CASES. In tho sult for assault and battery, brought in the Marine Court by Mary Murray against Frederick K. Luthey, to recover $2,000 damages, the particulars of which have already appeared in tho HkRALv, a verdict was rendered yesterday in favor of plaimtiff tor $891 75, A young man with the musical name of Mendel Mendelsohn, of tho ago of twenty-four years, wus war- ried yesterday, In conformity with the statute, by Judge McAdam, of the Marine Court, to Eva Simon, aged twenty-one years, A suit to determine the much litigated question whether, after 1873, the assistant clerks of district courts were to go out with the Justice who appointed them came belore Judge J. F. Daly, in the Common Pleas, yesterday. Jobn Gilchrist was appointed by Judge Clancy in the Second District Court as clerk im 1873 and a successor appointed in January last, The plain- ‘uff claims bo was to hold for six years, The Court de- cided against him, although be proffered bis services continuously. William Kinsley, the purser of the steamship City of Richmond, who was arrested by the United States Authorities on a charge of smuggling, the alleged olfence huving been committed four years ago, was yesterday taken before Commissioner Osvora tor ex- umination. There being uo evidence aguinst bim he was discharged, uma Mine suit yesterday Mr. Park, the de- » Was reculied to the stand, iis examipation was finally closed after many recalls, Thu other do- fendant, H. H, Baxter, was then culled to the stand, his testimony being mainly corroborative of that of his co-dotendant, The case stands adjourned tll Mon- day moruing. Chiet Justice Daly has rendertd a decision in the case of George KB, Collln uguinet George Holtman and others, in which he holds that on a verbul promise given on good consideration to extend the time ot pay- Tent Of a morgtage Lo One Who bus assumed the mort. Kage, the original morigagor 18 releaged irom liabuity, The ‘defendant Hoifwan, whe was the original mo: gagor in this uction, sold the property, and tho pur- Guuser paid off ove of the mortgaces vetore it was due, and the plaruti, ag the parchaser, a married woman, guys, consented upou ber solicitation to be lenient with ber about tho other mortgagee. This be- ing so the Court holds that the purchaser became tho priveipal debtor, and the defendant Hoffman stood in the relation of surety, aud as, for a good considera tion, one mortgage was paid belore it was due aud the time tur the payment of the others extended, Mr. Hofimad was re.eased trom liability as a surety. Philip Ferdiwand Kovbi and Edward Bali, composing the firm of Kobbi & Ball, auciioneers, at Nos, 57 and | 89 Leonard street, brought an action in the Supreme Court ugainst A. Vebon fur recovery of $s47 84, clined to be due them upon three promissory notes, made by one H. Alemsdort and indorsed by the fenuavt. The action came up for trial yestorday in the Circuit Court, io Part 1, before Judge Lawrence and a Jury, abd came to a rather sudden determination—upon & motion made by Mr. Jucob P. Solomon, attorney for the defendant, to distniss the complaint on the ground service Of notice of protest to the defendant; bat the Court, in order to enable the plaintiffs to furnish proof stand over, Mr. George ©. Kobbi appeared for plain- tills and Mr, J. P. Solomon for detenaant, The suit of Adam Rvedeger against Zachariah Simmons, tor $11,000, growing out of lowtery tran actions, which would have been $22,000 uf doubled under the Gambhug act, Was argued yesterday belore Chief Justice Daly im the Court 0® Common Vileas, Roedeger got Judgmeut tor $677 88. Meanwhile Rob~ ert Van Kousker got a judgment against Koedeger tor $207, in Winch a receiver was appomted. ihe re- ceiver applies for @ payment out of Roedoger’s judg- ment against Simmons, which has beeu handed mio Court. Heury L. Cinton, Roedeger’s counsel, hus also presented & claim against wim, Roedeger swears that be burgaived to pay Mr. Chnwa $3,000 1 he got 000 Jadgment, and $600 retainer, aud that be has him $450 auil $200 expenses, which inoaey was bor- rowed from Van Koski, whou he waais to see pald, Mr, Clinton says ho simply tusisted vu $500 retainer, of which Roedeger owes him $50, and $50 expenses be sides, The case occupied ten days, and on ali ne claims avout $1,000 as lair compensation jor uis services, Judge Daly took the papers, reserving his decision, Iu tho Supreme Court, before Judge Van Brunt, there was tried yesterday a suit brougut by Lsane Baer & Sons against LL. Levey to recover $1,000, on an alleged guarantee given by (he detendant tor goods sold to bis brother. According to the plaintilly’ testimony the guaranwee Was given upo! uidition oF a jour months’ credit to the defendant's vrother, The note ato maturity pot bemg paid the pluintiits extended payment and accepted a new note at three months, Upon detendani’s movion the com- plaint was dismissed, the Court holding that the laut! ity of (he guarubtor Was released by the extension of ume granted without his knowledge or consent. Messrs, Baker & Sperry appeared tor plaintifis and Adolph L, Sanger for the deiendant, Writs of cer‘iorari were granted by Judge Donohue, of the Sapreme Coart, yesterday, on application of Dougias A. Levien, Jr., couosel tor Horatio G, Conklin and George Couk! “police officers, Who were Kome me ago removed the force un charges ullemipled to rescue @ prisoner trom the custody of another vilicer, and also of having commitied an as- suult oo hia, ‘The Conklios claim ta their petition that they were bot accorded @ fair trial, and ask to bo reinstated, ‘Their cases will be beard at the next Gen- se.ves vccumiarily lable in this way irom simple mo- oral Term of the Cours Lt will be recollected that that the plaintiffs had tailed to prove the mailing or | if possible, ordered a juror withdrawn and (he case 10 | these wore the officers who made serious charges be- fore the Legislative Investigating Comittee against chiet Clerk Hawley, of the Powe Department. DECISIONS, SUPREME COURT— CHAMBELS. By Judge Barrett. Goldman ve, Guidmuv.—On this certideate the ro- Port is pow confirmed and judyment of divorce granted; | custody of the children awarded to the phuntil ‘Cradesman’s National B: vs. Kulbfleisch,—Motion for leave to include costs in the judgment denies. By Judge Brady. Tn the matter of Huton, —Order settied. By Judge Donohue, In the matter of Ferris—Isaacs vs. McCaunn—In the mutter of the application of the Attorney General tor leave to bring an action to dissolve the Juvenile Guardian Society—Grantea, In the matter of Boyle—Denied; Judge Barrett has disposed of it. Smith vs. Rowe; New York Lite Insurance Compa- i (two actions); Wright v& Schell; Whie Falk vs. Juckson: In the matier of Har- low. Frisbie vs. Young. —Motion granted. Livermore vs, Gould. —Order granted. Lewis vs. Krone; in the matter ol Freeborn; Brown- ing vs, Van Buren.—Motions denied. Talbot vs. De Witt.—Dismissed, Ball's Head Bank vs, Clemen!,—Receiyi proved. Jn the matter of Hyatt.—What is the payment for? In toe { MeUrane. —I desire to sve counsel. Lowen: Motion granted on payment of Inquest aud motion costs, SUPREME“ COURT—SPECIAL TERM. By Judge Barrett, Biddleman vs. Kittredge. —Findings signed, Davidson and avother vs, Alfaro and others,—A copy of these ndings may be served upon the opposite party, with notice of settiement for Tuesday, the 17th inst, at ball-past tea A, M. Prouty vs. Swilt and others,—Findings signed, but without apy extra allowance, As the General Term has fully passed upon the merits 1 do not tevl justitiea im ordering a stay. Weir vs, Vail.—I have made up my mind as to the Matters which Were vot determined in this case, aud if counsel will attend betore me at Circuit, Part 2, on the 17th inst. at eleven A. M., 1 will state the conclu- sions ut which I have arrived, and 1 wil then go over the findings with them and settie one or two details which ure not as yet quite clear to me, By Judge Van Vorst, Beroheimer v4, Willis —The proposed amendments to the case are not with Uke papers, and should be hunded up. Clancy vs, O'Gara and others.—The attorneys, Messrs. Devlin and Miller, are entitled to cosis up to the time of trial, To that extent motion granted, Earie vs, Hoffinan and anowber,—Judginent for plains tif, Opinion, (OMMON PLEAS—SPECIAL TERM. By Chief Justice Daly. Coffin vs. Hoffman; Seligman vs. Guion.—See opin- fons. Grabam va, The Sterling Fire Iusugance Company. — Order entered, Kuckman ys, Clark,—Extra allowance of five per 's bond ap- settied and cent, Mary Nachman va, Gottfried Nacbman.—Divorce granted, Iu the matter of Silver, &¢,—Decree settled, MARINE COURT—CHAMBERS, By Judge Swwnott. Harry ve. Morrange.—Order of retcrence granted. Torriihon vs. Leouard,—Mouon granted, Bowery National Bank v8 Hildebrand. —Motion to open dotault granted. Baldwin vs, Adams,—Order amending Judgment roll nunc pro tune. Curley vs. Shine; Ayling v8. Phillips; Smith va, The Moroiny Star Union Mission; McQuade vs, McCaffrey ; McLaughlin vs. Hutchins; Totteu vs, Johusun; stern vs. Smith; Strickland vs, Glines; Kimler vs. Donnell; Kilis vs. Winchester; Warmuth vs. Reith; The Grapnic Company vé. Campbell; Rosen vs: Tiete!; Silverstoue vs. Jucobs; Boyd vs, Enlers; six vs. Reit; Wagner vs. Mendeisobn; Kieinknecbt ve. sitz; Emery vs. Jobn- son; Abecel va. Stnith; McCuuley vs, Meyer; Downing vs. Reegan; Seaman vs. LeslieS folol vs. Rosen; Dol sen vs, Griflith; Macy va, Macy.—Urders granted and ontered, Kappa vs, McCann.—Judgment for defendant. GENERAL SESSIONS—PART 1, Betore Recorder Hackett, A BOLD THIEF. Mr. A. B, Dunning, an ox-member of the Penusyl- vania Legislature, was stopping at the Merchants’ Hotel in this city on the morning of tho 12th inst, He awoke to flnd a powerful looking fellow in his room in the act of rifling bis clothes and about to appro- priate his gold watch, Mr. Duuning grappled with bis visitor, but, as he was suffering trom rbcumatism, he found that the thief was getting the better of him, and that despite bis exertious he could not bold bim, He cried out lustily to stop the thief, and as the man, wuo happened to be James Dempsey descended the stuirs, Mr. Geurge Schenck, a brother of the proprietor, col- lured him, intimating that if he made avy resistance bis stay in t! here would not be of long duration, A police officer Was promptly summoned, Dempsey was taken beiore Justice Kiibreth and held in $1,000 bail Oa Thursday be wag Indicted, and yesterday muroing he pleaded guilty, so that almost within tho space of twenty-four hours Mr. Dempsey’s interests Were uttended to. The Recorder sent him to tho State Prison for the term of two years aud six months at bard labor. A DIME NOVEL ASSAULT. A boy named Alexander Ray was arraigned at the bar charged with felonious assault, The prisoner and two otver lads, named Jones aad Frossy, in the om- ploy of Thomas W. Gerard, who keeps a fancy dry Goods siore at Nos, 225 and 227 Eighth avenue, had been reading cheap and dangerous literature, whe re- sult being a conspiracy to atiack their employer, who, Whiie he was sitting in bis store, was hit wih & club. The blow fortunately did not stun bim, and the threo boys were handed over to the police. Jones and Frossy turned State’s eviderce, but the iurther hear- ing of the case was adjourned ull Monday in couse. | quence of the absence of ex-Recorder Smith, who 18 eugaged as counsel, PLEAS AND SENTENCES, Charles Wilson, of No, 524 West Twenty-fourth street, who broke into the bakery of Michael Keiser, No, #91 Second avenue, on the 7th inst., and who was promptly arrested by Officer Thomas Muliry, of tho Eighteenth precinet, pleaded guilty to the charge and was seutenced to five years tn the State Prison. | Dourinivo Lotsette, an Lialian, who was cvarged with assuuiting, ia Mulberry street, Mary k. Wilson, a des- titute domestic servant, pleaded gusty und was sent to the Penitentiary for one year. Joun O'Brien was arraigned on the charge of break. | ing into the premises of Mrs. Ann Quigg, No. 198 ave nue B, on the 8d inst., and stoaling ciotting vaiued at | $97. oner. Was pluced on trial, fouud guilty and sentences to three years’ imprisunment, GENERAL SESSIO S—PART 2. Before Judge Sutherland, UTTERING COUNTERF£IT BONDS, | Cyrus G, Clark was arraigned for trial charged with | uitering forged bonds on the Central Pacitle Railroad | Company, Assistant District Atiorney Lyon opening the case, Tho prisoner, uo suid, had some time ayo | au account in the East River Bank which he had over- | drawo, On the 26th of January last he presented him- | soll at that bank and said he wanted to procure u loan, | as he was going into the business of vulcanizing | wood. He further said that he had twenty-oae bonds of $1,000 each of tho Central Pacitic Railroud Com 4 pany which he would placo as colluteral, It was in timated to him that the loan would be passed, aud weived $950, being part of a lon of $12.0 ne oprigouer §=yave a check for his. ov drawn account, aud wso a stock — note $12,000, It farther ugroed that Clark Wus Lo be aliowed to draw on the bonds to the extent of ninety per cent ou their taco value. These bouas were represented to belong to parties who were inter- ested with Clark in the proposed company, of woich Clark wag to be treasarer, ihe custier ot the bauk proceeded to have the bonds exainined and they were pronouuced to be torgerios, The prisoner was arrested | the next day at the Grand Central Hotel, Assistant District Attorney Kelling culled several wituesses for the prosecution, inciuding W. C. Emory, bookkeeper of the Gentral Pacitic Ratlroaa Company, who proved | the bonds to be turgeries; Mr. Charles Jenk.n dont of the Eust River Bank, who testified beyotiations with the prisouer as to the loan, deience Mr. John 0, Mott produced several w! as to character, and finally examined the prigower, who stated that at the time he presented the bonds he did wot know they were forged, He was subjected to a | | raking crossexamination by Mr, Roliing, to whont be stated be found the bonds in Nassau street, in the bo- ginning of January, und that, obluining no ans er to | ub advertisement Lor wb OWNer, he Lnally concluded to take a loup of the bonds to ry on the business ot vulcanizing Wood. Tbe further hearing of the case | was adjourned Will Monday, | A CONFIDENCE GAME. | A fow evenings ngo Orrin F, Ruggles, of Tioga, Pa, | was yo.ng to Providence on the steamer Rhode Isiand, | when he was accosted in a friendly way by Edward | Nesbitt, alias Adams, who happened, he said, to be travelling 1u the mame direction. He told Ruggles that he had a large quamuty Of merchandise ou bourd, Upon which ne desired to pay some incidental expenses, but that be bad nothing but gold pieees, He indy Ruggles to give tim $45 for titeen of these pieces, which, of course, were spurious, The prisoner was | subeequently arrested by Sergeant Gastlin, of the | eteamboat squad, and Was seut to tho Stay Prison tor two years aud six months. AN OLD OFFENDER, Mary Leonard, an old and dextorous pickpooxet, pleaded guilty to the charge of stealing $1 from the | perron of Mary Guerdon and was sent to the State Prison for one yeur. LEON LEWIs' KARE BOOKS. Counsellor ©. H, Philps made application yesterday in the Kings County Supreme Court, before Justice Gilbert, for a bili Of particolars im the suit of Leun | od Lewis, of Penn Yao, sgainst his clients, J. Savin & Co., book dealors, of No, G4 Masaau street, this city. | prisoner the bi The complaint alleges that during the mouths of June and October, 1876, the plaintiT sent $10,000 worth of rare books to the firm of Sabin & Co, and that the detendauts refuse to enter an account for the same, The application was granted conditionally. THE ALDINE COMPANY'S SUIT. In the case of the Aldive Publishing Comoany agatpst the North American Insurance Compapy, on | trial in the Kings County Supreme Court, betore Jus- tice Pratt, the jury yesierday returued a verdict 10 favor of the Aldine Publishing Company for the full amount claimed, It is understood that the North American Company intend carrying the case to the Court of Appeals. There are about thirty other insur- noe companies from which the Aldine Company 1b- tend getting damages on the same grounds, COURT OF APPEALS, Auwasy, April 13, 1877. In Court of Appeals, Friday, April 13, 1877, Pres- ent—Sandford E. Churen, Chiet Justice, aud asso- clates. No, 248. Henry E, Robinson, respondent, vs. 8. Chit- tenden and others, appellants. —Argument resumed and concluded, @. 148. Sumuel C, Steele and another, respondents, vs. Scott Lord, appellant.—irgued by Fraueis Kernan for appellant, Oscar Craig for respondents, No, 271, Witham F. Cameron and another, respon- dents, vi vert Seaman and another, appellants. — Argued by Simuel Hand for appellants, ©. F, Brown tor respoudents, No, 283, Bartholomew Lyneb and ano:her, appel- Janta, vs. 0D {t Gardner apd another, respondents. — | Argued by J. A. Hathway for appeliauts, Albertus | Perry for respoudents. CALENDAR, | The following ts the day calendar for Monday, April | 16:—Nos, 257, 4, 200, 112, S0054, BOL. | LAWYER Vs. ORPHAN, SURROGATE CALVIN ON THE RECENT DECISION AS TO COSTS IN WILL CASES—-WHERE IT MAY WORK HARDSHIP. According to a decision of the General Term of the Supreme Court, published exclusively in Weanesday’s HkkALDd, the Surrogate canvot allow costs to the de- feuted party in a will contest. The decision is Intended to guard widows and orphans trom the exiortions of lawyers, Who are always ready to contest wills, know- | ing that if defeated their fees would come out of the estate, The decision arose out of the contest over the will of Eliza Hearsey. The late Surrogate Hutchings found against the contestants, but allowed $3,000 in lieu of costs to their counsel out of the estate, The case will be carried to the Court uf Appeale. It being important to know what the present Surrogate, Mr. Calvin, tuought of the decision, a HekaLp reporter called on that oflicial yesterday, URKOGATEH’S VIRWS. Mr. Calvin, in reply to a question, suid that this de- cision was contrary to the uniform practice of the Surrogate’s Court, and, as he understood it, contrary to the practice recognized by the Court of Appeuls. In the case of Clapp vs. Fullerton, 34th New York, 190, the Court of Appeals aflirmed the judgment of the General Term, whieh wffirthed the decision of the Sur- rogate of Washingtop county, but directed coats of both parties to be paid from the estate, Ip the case of Dupuy vs. Woertz, 63d New York, 556, which was an appeal from the Judgment of the General Term of this district, th@ Court affirmed a decree of the Surrogate of this county,’ Juage Rapalio, writing the unanimous opinion of thut Court, says, at page Sth “The judgment should bo affirmed. The questions are not Irce from dilliculty, and have been presented ou the part oi the contestants in good tuith. They have been argued {n this court with great iewrming and ability, and ure carelully and ably troated 1m the opin- jon of the learped Surrogate, We think that the con- testants were justified in raising the question, and that, under all the circamstances, the costs of all parties in this court aud the courts below should be pala out of the cstate.’” THE MEARSEY CASH ALLOWANCE. The learned Presiding Justice of the General Term, in the case of Hearsey, toward the close of his opin- jon uses this langua, “Wo go not mean by this suggestion to indicate that the will In this cuse was improperly contested, but, on the contrary, we think thut the contestants bad provable caue to regist the probate of the will propounded, nad that their contest ‘was in all respects fairly conducted,’? With regard to this case and the question it has excited Surrogate Caivin said:— i **1t 18 conceded on all hands that the Surrogate has power to graut ullowances to successiul pariics. As tue General Term decision makes no distinction be- tween the proponent and contestant where unsuccess- ful, if that decision shall be sustained it must deter executors trom tbe performance of their duty as such in eases of coutest, The law requires ap executor to present the will for probate, and it 18 obviously bis duty to attend to its.probaie though contested, and if the contest shall be successiu! and tue executor re- quired to pay the cxpeuses of propounding the will, including the foes of bis counsel, it is manifest that very few persons would be willing to accept such a trast at such a risk, . CONTESTS IN GOOD PAITIL. The true rule undoubtedly ts this which was sug- gesied by me 1m my decision In the Stewart will case— that bo person Who should ve unsuccess(ul in u con- test should receive compensation therclur out of the estate, unless it is entirely apparent that he bas made the comtest im good faith, ihe particular baraship of this decision 13 that it makes vo discrimination th favor of a t charged witf the duty of probaung a will, The decisién of the General Term wilt bo re- spected as contrulling the action ot this Court, uniess it shall be reversed on appeul. Personally ana offiemily the afflrmance of the uecision of tue Genera T would relieve me ot un embarrassing aud delicate ro- sponsivility, and I shall most cheertully acquiesce in the interpretation of the act of 1870, though I enter- tain very little doubt that the act in quesuion was in- tended by the Legislature to authorize allowances to any and all parties in any proceeding 1m this Court in the discretion of the Surrogate, THE WATCHMAN HOMICIDE, ACQUITTAL O¥ DENNIS KYER, CHARGED WITH THE MURDER OF PATRICK TAFT, At the opening of the Oyer and Terminer at North Hempstead yesterday morning, before proceeding to sum up for the defenco in the case of Dennis Ryer, on trial for the homicide of Patrick Talt, Judge Busteed, | his counsel, made a motion to roupen the case for the admission of material testimony on bebalf of bis client, some of which bad been discovered since the adjournment of the Court on the previous evening, Suage Barnard peremptorily denied the motion, and Mr. Busteed went on with bis address to the jury, during the delivery of which Ryer's wite and sister sat by him much affected, The points of the argumont and tho anulysis of the testi- inuny Were Intended to show that Kyer could pot have | becn und was not guilty of the killing of Taft, but that the shooting was. entirely accidental, Mr. Busteed o cupied about two and a quarter hours. District Attore ney Downing, iu summing up for the prosecuuon, combated the idea that the shooting was acciaents orcouid have been so under the circumstances 48 dis- closed tn the testimony, and contended that guilt wis proved by the tact what the shooung was concealed or not disclosed by the prisoner tor several hours after it touk piace, His aduress ovcupiyd over an hour, Judge Baraard’s charge was briel, clear and mereiy covered the points of law governing the case, TH Vie DICT. The Jury revired at a quarter past two, and returned into court at @ quarter betore four, with a verdict of “Not guilty.) + The prisoner, as weil as his wile and sister, and bis trumediate friends, a buzber oF whom were ID court, Were much affected ut the result of tt trial, Whiel Was yenerully ¢ ed by those who were present during 18 continuance. It was thoaght by some that there might be a compromise verdict of manelacghter in the loarth degree, and 1 18 understood that the uttnost expected by the District Attorney was aconviction for the third degree, but under tie in- structions of the Court. 1k appears, the Jury gave the fit of @ doubt as to bis intentional | guilt in any degree, A SENORITA ASSAULTED. | Epyptian Hall, in Enst Vhirty-fourth street, was the scene of a fetninine quarrel on the nightof the LO inst. | between Senorita Marcia and Miss Eva St. Clair, owing | to some fivalry on the boards, The Senorita, as is alleged, on the evening of the 10th, after the perform. ance, called her fellow worker im the theatrical tine uacomplimentary names before members of the com- pany, 7 the latter so ily brooked that she made | he Sevorita, and struck that lady with @ Senorita then wade compiains at U Filty-seventh Street Court, and tue together with the manager of the pale friebd, appeared before Judge Bixby yeater oy. The Senorita is tho larger Ot the two wou | The assuulted lady tooked flereely out of ber ov! | eyes us sho told of the insult she had recoiwed, And | as foreely did the fight bine eyes of Miss St Clair look detance et the Complainant as she told the Judge it was impossible to keep the peace when treated to Iinguistic abuee ‘The Senoriiu at last, by advice ot | the Judge, withdrew, together with Mies St. Clair, to «| private roo, accompanied by the two male esvorts. | In a few moments thoy returned, an apology wus | made in court to the complainant and tne eharge was | dismissed. | Kadward MeDormot, empioyed aa stab eman at the ; Blissville cow stables, Long Istaud, was found dead, 12 a stall in the stuble, on Thursday antervoon, The head and neck of the deceased when found were terribly swollen, rendering idenwieation almost were it pot tor lis clothing, ‘Tbe pp body Was as black as xout, Indicating that th ad mes with foul play or hud died from apoplexy, !he lower portion of the body, trom the breast duwa to the kuees, bore & Latural appearance, i SHEET. DISPENSING DEATH. Ny yey: and potro many ‘aa suicides, They ali aaid that there was too much law HOW ‘‘ACCIDENTS' HAPPEN IN APOTHECARY and SHOPS. Do you ever think, when you band a prescription over your apothecary’s counter to have 1t compounded, that he is hable to “put it up’? wrong? Do you realize that be may give you double the weight of some poi- sonous drug like atropia, arsevic, aconite or strychnia? ‘You cught to appreciate this if you do not, for these drugs are all irequentiy used apd the dose of each one is exceddingly small. One-iittieth of a grain of aconit fot instance, has produced death. Atropia is never given in larger doses than the one-twentieth of a gram, and generally tho dose is much smaller, How fréquently are we compelled to have a preseription prepared at night from drugs kept side by side upou the shelves, and that the drug- gist reaches for almost 1 the dark, for often all the light he has is the flickering flame of a candle, Mistakes Irequently astonish the denizens of the neighborhood, but seldom go any further; the physician as a rule aiding the pharmacist to “Lush them op,” which ts eusily accomplished by the wid of an “intelligent”? Coroner's Jury, Who gives a verdict provably ceusuring the proprietor and advising the discharge of the clerk, and tho public hears po more of it, The propri- tors of pharmacies ave been trequentiy interviewed, and their version of the cause of “accidents”? has been given tothe public at large through the columns of the Henatp. The proprigtors bave invariab'y blamed the clerks for all “accidents,” some attributing itto carclessness und others to the incompetency of their several clerks, Recently the writer called upon several clerks employed in large pharmacies through the eity tor the purpose of ascer> taining their opinion ag to the cause Ot “mistakes? in compounding drugs. The first gentleman called upon is the cbiel clerk 10a large drug store situated on Toird avenue and a very intelligent and cultivated gentle- map. Al.er the writer had stated the object of his vistt and asked for any information he might choose to impart to the pablic through the Henatp, he sald:— wow *ausrakes” ocku “It would be very difficult to always determine the cause of u mistake im putting up a prescription, but, as far as I know, tt 18 always due to carcleasness, For my part 1 don’t believe I ever made a mistake in my life without I bad my mind on something else, but, as luck would have it, I have always been fortunate evough to discover ail my serious mistakes betore the prescription lett the store. When a man sieeps in the store and gets up im the night to put up a preseription bois more Huble to make # mistake than at any other ume,” *+How do you account for that #”? “Wil, you see 4 maa that sleeps ina store gets up and opens the store every morning at six o'clock. He hurdiy bas time to eat bis meals, and 18 obliged, ma busy store hike this, to stand on bis feet all day, It ho ts not waiting on customers he ws domg some storework, putting up preparations for the ore, or the like, apd When oigbt comes he ts pretty ired and feels ike sleeping. He aon’t get to bed until hall-past eleven o'clock, ether, tuat Leing the time we sbut up in this store. When he gets to bed he is, fas a general thing, rung up several times belore next morning, and that thing Is kept up trom one year’s end to the other, Car conductors are all the time viewing about their work, Why, they don’t begin to work like us fellows, and they, as a rule, get more money than we do, When 1 slept in the store it very nearly killed mo standing up for seventeen hourd That young man there that sleeps m the store now 18 very nearly pluyed out, We are expected to be edu- cated, apd receive a smatier compensavion for our arduous service than an ordivary dry goods cierk.?? OVERWORKED CLERKS, “yhen, you think that drug clerks are worked too hard??? “Certainly L do, Lf the proprietors would appro- Glate that as We do and give us better hours, they, in return, would buve better clerks,” “Dues your employer expect you to prescribe over the counter?” “Ob, no, But we are compelled to doit; so is he. I we'did not, ail the applicaut for a prescription would have to do is to yo lu the next corner, and they would do it, and the result would be that the customers would never come back to us.” “Do you prescribe Jor ail affections ?”” “No, notusu general thing, If wedo we only give somo simple remedy that could do no harm, even it st did no good,” TOO MANY DRUG STORES. then, of 80 maby mistakes being there are too muny drug stores, ry ma that teels inclined can start a drug store wherever he wishes, ‘There 16 no law to regulate the business; euch man does as he pleases aud employs any oe he chooses, all that is required being that thoy shall havo graduated at the College of barmacy. Any boy of ordinary intelligence cun go in a drug store, and in six months he will have learned enough to go dowa tuere, pay the prico und go through a form ole amination and get bis diploma or certificate, whi ef you please to call it.” ‘ow would you do away with the superituous drug stores”? “Lt would certainly recommend the plan that 13 in vogue ia Get é What plan is that??? “Well, they ouly allow so many drug stores to a cer- tain number of people, When the proprietor of a drug Store dies OF gous Out Of Lusimess all applicants tor the piace must go through a competitive exumination, aud the Lest man ts allowed to open the store. thew the people know who-puts up their drugs. Here the law permits us to sell any poison we choose; all at requires Is tuat we take the use aud eddress of the purchaser and what they say they Wish to use it lor, Ut cours they cau always invent some purpose that seems legit- imate to ug, When In reality they muy wish to commit some crime. It we do not sell 1t the “boss”? discharg us, because he loses the money aud customer and his neighbor gains them.”” “Then you think that some faw would do the drug trado goo. and protect the people’s lives??? “Yes, sir, Ldo, Let the Legislature puss laws regu. lating the ‘keeping of drug stores and the gale of poisons, and Joree the employers to give thew clerks a litte Jess than seventeen hours, and I think the pe plo would have no cause tor complaint. For tow in tue world can @ mao do such delicate work if he does not getany sicep?'? © As the clerk concluded tho above remarks the pro- prietor entered the siore and 1 took ny departure, The next knight of the scales | culled upon was em- ployed in a well known pharmacy near the Grand en- tral Depot. He was ratuer a facetious individual, “How long buve you been in the drag business, sirt’”? Lasked bim, ag 1 it cigarthat I had purchased us wn excuse, “About twenty years,” he replied. “Did you le your protesston in thts country ?”? “Phe drug business is not a profession, sir, It trade, (he same asa Unsmith, What 1 know of trade'T earned tn Ireland, ‘What do you think of the manner ia which the business ts conducted in this country ¢” “The manner, a8 you call K, is good enough; It 1s the people that couduct the manacr I find tauit with.” “Why i that!” “Becuuse they are a poor race, They don’t have any enjoyments (hat other people have; they are kept in tue store from ove year’s end to apother and would nos know thut ‘Heit gate’ had been blown up if some- Vouy bad not told them.” rook VAY. “Why Is {t that so many fuistakes are made in tho druy stores tn compounding prescriptions?” “Weil, you see druggists, us a rule, are a poor class of meu, Any oid Uuker, cobbler or tatior that comes long abd bay got Money enough can start a urug s.ore, Ho will employ the clerk he can get for the least money; bay thy clerk avout $10 a Week, and expect him to Work for sixteen or seventeen hours a day, and the consequence i the clerk hates htm and don’t care how ve does bis work."” “Hutt thoughé a druggist was eompelled to pass an examination betore the College of Vharmacy Y”” “Ub, anybody can do Chat alter Lutes of our months? tu and @ good Man to coach him.’ “How du you account tor all the mistakes that aro dov’t think ax many mistakes occur a8 peopio think, But I supnose that tue greater number are iwaue through curelessness, 1 never knew of one to be made by @ than that understovs his business.” “Then you do bot think any are ever due to ucom- peteney “Tuon’t know, A bottle washer might mako one once Ina While, bub then he always thinks he under, stands (he business,’ el do you think of the opposition in the drug trade??? fhe man that has got the coeds, Kuowledge is howberc t—they want ihe suow, ‘The larger show you can give them the mure they are willing Wo pay for 1. Ou sixih avenue there are (Wo drug sures, One on exch corner, Ali analytical chemist keeps one aud hardly does bus\- Hoss enough to support him, aud a tnam keeps the other that knows nothing about chemistry, bat adver- lises Jargely and he is geteing rich, In Ganal street there ts a man that I used to work for keeping a store, and be dou’t know avy more about the business than that cut, and yet be is inaking money fast,” “then h men are allowed to keep | drug stores they Will employ poor clerks—thatis, clerks who part ther hair in the middie and thiak they are pectod two flirt with every girl, baby or woman that in the store—for as iong us these clerks are em ed Just so long will people be Killed by the cure lessaews of drug clerks.’ GALLUS’ CLERKS AT RIGHT DOLLARS A WREK. “Have you eVer seon any such accident as ied “Why, to vewure I bave. 1 aw a young girl once come ih the store tor some epsom sults aod the Janior erk Waited on her, While he was gazing ou bor be took vown the bottle oF oxalic acid, Which sood along. side the vottlo comiaining the Salis, aud weighed the | girl Cat the quantity of oxahe seid instead of the salia MURDER OR APOPLEXY? | ; pepeeave to see Ht, and #0 saved Home poor person's ite." “Why did they have such a clerk as that?” “Weil, you can bet we didn’t bave him long afier that, wus uw pretty good clerk, only he was two ‘gallus,’ you know, and always thought that the wo- men who come the second Hime to the sto wore in Jove with hin,” wriver left the siore he offered (hat his draggiet would uever keep & deceased | The boss in the cuse referred (0 Wook bim because ho | wuly for the clerks and tvo little tor the proprietors; HE cor led to their busi- * woujd never give them beter until they were compelled by law todo it, They Id that no business made so wuch provt ag the arug hee ess, and thatevery mun that bad a few dollars ould start a store and endeavor to run some rivalon the opposite coraer out, aod would take any means to accomplish bis ends, Toe writer found the drug clerks, rule, avery and educated set of young and could pot hg With thom tp the assertion that they de serve better ireatmont at the hands of their employers BOUND FOR AUSTRALIA, THREE HUNDRED AND SIXTY EMIGRANTS 6SAILe ING FOR N&W SOUTH WALES THIS MORNING, Emigration to Australia from the United States is ne longer a novelty, but, ov the contrary, appears to be growing 1 popularity among a large number of the working classes, The depression in business fa America bas been so great and of such long continuance that many people have become doubttul of any chance of improvement, at loast for some years to come, and are making up their minds to seek new feids for their la bor and enterprise where the competition will not be £0 great and the prospects of succoss therefore greater, For some reason or other Australia is believed to afford better opportunities for obtaining steady work and good wages than any of the newly setticd countries within easy reach of East- ern ports, bat it is probable also that the cheapness of the pussage has very much todo with the preference for the Australian colomes But, whatever the cause may be, the emigration to th lipodes is steadily on the inerease, Tho sbip Anoie H. Smith, which sails at eight o'clock this morning fos New south Wales, takes on board 360 passens gers, mostly adults, who goto try the.r fortune under the Southern Cross, The great majority are young single men of the artisan class, but almost ry clase of lavor is represented among them, There are eighty married coapies, The passengers are almost exclue sively Irish, und are mostly trom the country or the smulier towns, Ali are comfortably clad and very strong and Lealthy in appearance, The mate remarked yesterday to a HeRaLo reporter that he had pever seen. amore heaithy lot of passengers during many years? experience of emigrant ships runoing irom Englund to Australia and New Zealand. HOW THK PASSENGERS PRKLy Though leaving America on account, as they sald, of the bard times, lew of them seemed to be in straitgned circumstances, and nearly ali were evi- dently possessed of » sullicient supply of thoncy to enable them to live some time alter revching their des- Uination. All had high hopes of the prospect before them and seemed to think they were doing tho right thing in leaving the United States “10 nuke @ litte room, as one young fellow laughingly said, 8 counthry 18 goin’ from Dad 10 Worse ever B in with strong Mil accent, ‘and it’s goue to the divil eatirely now, Four years more ‘Il swaimp it ¢) il there'll be no show for & workin’ man at ail”? “1 brought £4,000 here,’ Emerald Isic, who evidently should bave remained on the old sod, san’ I'm luvin’ it pow without 40d balpenoe—ay, hardly a screed of a shirt to cuver my ack,” All yesterday evening passengers kept arriving, and the acene on pier No. 9 Kast River was quite animated, ‘Trunks and bundles of ail kinds were buing hauied on board. Beds, blankers, tins and uli the necessaries of a long voyage were being bought, and some of the tailors’ stores in the vicwity were largely patronized, “As bad as the countury is,” said a tall, strappiog young fellow, ‘1 dou’t want to make it ashamed of mo Whiu L go unuher the red rag again, wn’ | may as well put a dacent coxt on my back alore I’ go.” ‘There was little emotion displayed and scarcely any leavetuking yesterday as they weet on bourd, such as is usual with Irish peopie whea undertaking a lon voyage and parting trom friends, perhaps forever, All had gono through that process betore, and few tad any hear or dear friends to impart a touch of sadness to the parting, Yeurs ago they bad lett country and home and kindred, aud they were simply changing their place of exile, Many interesting and healthy children were romping arcund tho deck, and did not seein to realize the fact (hat they were about to travel many thousand miles of ocean, and to pact forever from the scenes of th idbvod and to begin ile over again ina strange r, ‘The accommodatt vory good and all the p seein to have been provided for. to it another son of she The ship 1 1,508 burden and in good condition, Shoulda Euros f jan war break out, reviving our industry and brings ng back the “good times,’’ it 18 not very hkely that much will be heard thereafter of emigration to Aas tralia from the United States, and many a sheep tarm hand wall wish hunself back again wader the Stars and Stripes. But they go because ‘hope deterred maketh the heart sick,” aud, it may be afdéd in their case, threatens to leave the stomach empty. THE F NEWS THAT WILL REJOICE THE sTRE ARAB—SIX FLOATING BATUS TO BE OPEN DURING THE SUMMER, It will be joyful news to the vast multitade of the “great unwashed” im New York that no less than six free floating baths will be open during the coming summer. For years the complaints as to the tnsuffl. cient number of public baths have been incessant, aud it is fairly a matter lor congratulation on the part of all those interested in the public health that this ure @ent want is at jast to be gratified, Last summer tour floating baths were open, but two of these, which were new, were not finished uotil the fag-end = of the season, so that thousands and thousands of bathers bad to be restricted to the two old baths at the foot of Bethune street, North Rive nd at the foot of Fifth streey Kast River, Two additional baths having veon completed we have now six, Which will probavly be found sufficient tor the present. They are to be opened on June 1 and elusea on tbe 10th of October, Tueir precise situation bas not yet been determined by Commissioner of Public Works, and will uot me weeks ye. It may be generally stated, however, that itis the intention of the Jom miggioner to piace four on the east side ou account Sf 108 Freater populousuess, and two on the west side, The vicinity of the Fulton Ferry, Gouveneur stroct, Filth sereet and Hariem are the pinces suggested lor the Knst River, and Bethune aud some other street not yet fixed upod tor the North River. the Com- sioner, however, hax to make application to th partment of Docks for pe mission to locate th and as that Depariment will probaoly be guided by its own supreme convenience in tho matter, hothing detinive ean ve said as to heir prospective sity uations. The four new baths have cost nearly $25,000, OF about $6,000 eact. y A MILLION HATHERS LANT SUSE, ‘The old baths being #ituaved at the toot of Bethune street, North Kiver, aud at the toot of Fitth scree Hast River, last sui T (he two hew ones were pinced at the foot of Thirty-seventh street, Kast Kiver, ava at the foot of Gouverneur street, East River, The tiret was opened in tho middle of August aud the lauer about September L The attendance was enormous, During the Uric season already mentioned trom Juue 1 to Vetober 10 «bout 407,000 persons bathed at Be- thune street, 402,000 at Pith sireet and about 141,000 at the two bow cstublishments during the low weeks they were open, Here is totul of nearly a milion Vathers, Can avy one catimute tho amount of pleasure, comfort, cleantiness aud health derived from these beneiicent public institutions? Tuere are sixty dressing Toons im each bath house, and about 250 can be accommodated at the same * time ‘Yhree days ure set apart for four for males, The hours of bathing are from tive o'clock A. M. old baths having accommodated 800,000 persons last summer, it {5 calewlated that the present Bumber will afford @ re- freshing and eleansing dip to about two and a halt mill tons of bathers. The proportion of males to temal ‘who avail theinselves 0! this great public boon is thret to one, the largest number being, of course, our strect boys, About twenty miautes 1s the time ordinarily | allotted to cach person for abath, Kact house re- Quires the services of & superintendent, two keepers, | Oue watenman and two fomalo attendants At present | Bil the floating Datos are ia the dry dock at Gowanus Bay, Brookiyn. > females and FERRY LEASES. THE METHOD OF SELLING FRANCHISES—REFORMS CALLED FOR. The svetem of relling ferry leases gives considerable trouble to the city authorities, The mauner in whiek the treasury is deprived of hundreds of thousands of dollars annually through the sharp practices of the difs ferent companies bas veen frequently explained in the Hekaty, A suit is now pending in the courts brought by the city a the Union Ferry Company to in+ validate tue ten y lease giveu tu 1871 by the Sinks ing Fund ava wo reot of $1 per aunum, The rent previously paid by this company reached yoary $108,000. Some diflicuity bas also been experienced by the ety in the precise method of selling those leases, The Sinking Fund bas exciusive coutrol ot the matter A Meeting of this body Was heid im the Mayor's office yesterday atierno Mayor Ely, City Chamber y Alderman Keenaa Jorry leases expir d on May Whitehall to St eo Isiand, Pavonia and Desbrosses streets to Jersey Cuy aod Forty-second street to Weebawken, He called attention to the difiéulies experienced in setting we Tight toruu these ferries, a percentage ou the gross receipts being generally charged, Under such a sy: tom it Was difficult to make proper appraisals, Some of the companies had refused to pay any percentage Ob passengers! fares on the other side of the riv: Mayor Ely remarked twat ‘his opin cy © prosent system Cons It would be better to soll the franchises for @ he thought, © members of the Sinking Fund Commission agreed thay jo WAS Abslutely Decessary, particularly fact that it was Impossible Vo ascertain What the gross receipis of these companies really wore for a given period. | e whole matter waa, would be cheated us tong as tinued. Aller sono furthor discussi : gd sie til Kelly, who was — bed ut Jorporation Couusui as io tue cuuree be adopied under tue circumstances