The New York Herald Newspaper, May 5, 1877, Page 8

THE COURTS. Throwing Guards Around William A, Virtue’s Estate. IMPORTANT DECISION DY JUDGR BARRETT. Powers of Insurance Agents to Bind Their Principal. WILL OF A CHARITABLE LADY. Recently there appeared exclusively in the Heratp @ report of a suit brought by the administrators of the @stute of William A. Virtuo to set aside deeds of props erty in which Helen S. Bellew, Augustus Funk, August Fouk, Marie Funk and George and Michael Caffo are alleged to have ap interest, In their complaint tue @diminisirators—vaniel Lord and others—cbarge that the decas and leasos referred to were obtained from the deceased without consideration and by the exercise of undue influence over him by the defendant Helen 8, Bellew especially. A temporary injunction was ob- tained from the Supreme Court restraining the detead- ants trom assigning away the deeds and loaxes in ques- tion and also from prosecuting certain suits In other courts to eniorce claims against the estate alleged to be without foundation or consideration. On # notico to show cause why this injunction should not be con- timued until the termination of the suit brought by the administrators the defendants —ap- red in Supreme Court, Chambers, — belore udge Barrett, submitted’ afilaaviis ' denying tho allegations of the complaint in relauon to the exercise of undue influence on the part of the defenuants, or auy of them, in obtaining the convey- ances aud leases involved in the action and denying geuerally and specitically all the cquities of fhe plain- tila’ case. Ou these ognilicting allidavits on both aides argument was beard at we last term of the Court, pluintitls insisting that the facts authorized the Qvutiouance of the temporary injunction aud tho de- fendants that it should be dissolved. Judge Barrett took the matter under consideration and yesterday rendered a decision in favor of the administrators of the estate, In his writion opinion in the case he says:—'tA carelul perusal of all the papers (including the deposition of Miss Beliew in the Surrogato’s Court, which ts far trom satisfactory) leuds me to the souclusion that a prima facie case 13 made out and that plaintills would have been derelict in their duty if Urey had not fited the bill, The mere statement of the trabsactions 1s suilicient to justify the institution of Judicial inquiry. It is not a case tor the summary dis- Bolution of the ijunction upon w denial of the equities, Nor is the cause to ve tried upon affidavits, Dut upon the examination of the parties and the wit- nesses. There is enough, besides what {3 stated upon information aud belict, to warrant the continuance of the injunction in so peculiar a case until the hearing.” The Judge also concludes to epjoin the defendants from prosecuting the actions which they bave insti- tuted in other courts, but makes it a condition that so- curity be given to secure those of the defendants who Bre prosecuurg common law actions in relation to tbe matters in controversy against prejudice to any rights they may finally be ublo to show they possess, and covering the ful! amount of their claims, witb interest aud costs, He further directs that the plaintifis in thia suit, required by defendants, sball consent to the framing ol issues and the trial of the same before a | jury within a stated period. Piuintifly must also fur- Bish a turther undertaking to Miss Bellew in the suin Of $2,600 and to Mrs. Funk in the sum of $500 to secure them against uny damago they may sustain by Feason of the continuance of the injunction. HIS CLAIM REMAINS. About a year ago some machinery was destroyed by fire in Morrisania, on which a man named Bennett had insurance with the Germania Insurance Company, of Newark, to tho extent of $1,000. He made a claim of Joss by the fire to the exteut of $800, and while the company was making the usual investigation as to the origin and extent of the fire information came to shem to tho effect that an incendiary had been at work lm the matter. Tue result was the conviction of arson of a young man who had been employed by Beunett andthe disappearance tor parts unknown of Bennett bimsell, But, though Bennett had goue, bis claim ma to have remained, as, soon atier his departure, & suit Was commenced ugainst the company to recover $800, by Morris Tusker, the plaintiff claiming under an assignment from Bennett, The suit was commenced fo tbe Supreme Court, in this city, the summons being served on the general agent of the company here. Judgment was taken in default of an answer, und yesterday, in Supreme Court, Chambers, betore Judge Dononne, Messrs. Brown & Rabe, counsel for the company, uppeared und moved to have the fuagment set aside us being irregular, The ground of is cain of irregulurity was thal tbe suininous in the case had not been served on an ageut of the company ‘who, by its certilicate flied in the office of tue Secro- tary of State at Albany, had heen designated as an @geot on Whom papers designed for the company Might be served, Such desiguation, counsel claimed, ‘Was provided for by statute, and service on any other OF unautuorized agent Was’ void, and the judgment Dased on such sorvice wus void also, ‘The motion was ‘opposed by Mr. Lewis Johuson, counsel for the plain- Url, und Judge Donohue took the papers, reserving his decision, ‘ihe foregoing stuto of ucts are obtained from the moving papers in the case, and on the part of Spe company wv was, siated by counsel adaitionally that the detence would be that the premises had been set on fi DEAD SEA FRUIT. Mrs, Maria Hobby died in Fobruary last, leaving an ‘state and property estimated at about $150,000, ter will, executed to 1864, she left several charitable and denevolent Lequests, Among these was a bequest to jhe New York Hospital of $8,000, to the Deaf and Dumb Azylum, Blind Asylum, Society for the Reform. Ation of Colored Orphans, Homo for the Friendiess, Narsery and Child’s Hospital and the Women’s Hospi- tal, $1,000 cach, and $5,000 to the Swarthmore College of Pennsylvania. After leaving a nutaber of bequests to relatives, servants and friends, sie bequeaths the Tesidue of hier estate, amounting to about oue-third, to be equully divided between ter executors, Wiliam U @eruill and William H. Onderdonk and the Society ot Friends, in East Fifteenth street, Subsequent to ‘tn dute of the execution of the will, however, Mr, Under- hill, the executor named in it, died, aud thereaiter later 1n 1872 dirs. Hobby made a codicil to the wil, warming Mr. Robert K. Wiilets as her executor in place of Mr. Undertili, at the same (ime bequeathing to him the share of the estate intended tor Mr, Underhill The cuildren of Undernii—William, Eliza and Kilen Undertili, and Caroline Light—now contest the willon the ground thut (ho testatrix was unduly influenced by Mr. Wiiets to substitute him as legatee in place of The case came on tor hearing Surrogate’s Court. present, and after the subscribing witnesses the will wad codicil bud proved the exccuticn of tuo Mr, Willets, one of U He was exumined by counsel tor the © nd testilied that (he memoranda on which was iramed bad been dictated to him by the tes.atrix of her own free will, while tn apparently sound mind, ‘The further hearing in the case was adjourned. [Che deceased, Mrs. Hobby, was a sister of the late Dr, Valentine Mott, STREET OPENINGS. , Property owners whom it may concern will be in- terested to know that the contirmation of the reports ih several street opening cases, which was to lave taken place in Supreme Court, Chambers, betore Judge Donohue, yesterday, has been adjourned over. ‘The Feports are those for the opening of 166th street, from Kingsbridge road to Kleveuth avenue; 157th street, from the public drive to Eleventh avenue; 168th ect, trom Kinga rout to Eleventh avenue, 1 149th street, Irom the puulic arive to Elevenih avenue, all of which have been adjourned over to tho Lith inst, Also the opeuing of 140th street, trom Eighth avenue to the Hariem River, which has been Adjourned to the 18th inst, ISABELLA AND THE CHAIR. ‘The Adjustabie Folding Chair Company va, Marks — To the case of the Bank of Havana vs, Magee (20 N. Y. +K., p. $95) the Court of Appeals held Ubas the prose: cution of a sust by an iudwidual banker in # name im. porting a corporate character auder which he carriod on business was merely « formal error, aendable in the cuurts of original jurisdiction, and to be disregarded by te Appeliato Court, Judge Denio im that case Bays the duty of the Court when tho objections were taken was to order the pleadings to be anende 1a Was authorized not only to correct a mistake in the | ame of a party, but Iu any other respect, and tuo usendment which the case calied for would fall within enher brave of that provision —i. 4, section 17 of the Code, Lbavo no doubt, alter perusing tue volu- MnoUs papers read upon this motion, as to wy power fo authorize the substitution of the uame Of Isabela Wallace as plaiut! ior the Adjustable, &e., Company. At is quite apparent that the defendants knew that Ysabelia Waliace and the Adjastabie, &&, Company Were tho samo, Th arrangemenis Were Made wih her aione, and they knew when they ontereu upon the Dusiness of soiling the chairs that they received the sme bela Wilace, ‘Ihe counsel for the de- feudants suggest that to allow this amendment will Wuiate the undertaking given upon the granting of the order of arrest. 1 think that this objec. fom can be obviated by requiriuy the suretios @Who executed the original undertaking to supulato that ag a condition of granting the amenuments the Original undertaking shall steud as if executed in the Case of Waliuce against these defendants, and as if 80 executed, or by requiring « new undertaking to bo executed on the partof the plaintiff nunc pro tunc, eabneet va. Gardoer, 12 How., 381; Beach vs, Soutl+ ety Bard., 173.) Ow the merits 1 am of the opin- By | The parties to the | ecutors, was culled to | r | etd NEW YORK HERALD, SATURDAY, MAY 6, 1877.-WITH SUPPLEMENT, ; jon that the order of arrest ought not to be discharged. ‘The motion for teave to amend the summons and order 13 granted on the authority of the caso of the Bank of Havana va, Magev, supra, on the conditions above epeciiied and on payment tt $10 cosis to the dotendants, and the motion to vacute the order of arrest 1s denied, with $10 costs to the plaintiffs. SUMMARY OF LAW CASES. Jonn J. Neville bas brought a suit against the Third Avenue Railroad Company to recover damages for being ejected trom one of defendants’ cars, and yes- terday oiained from Chiet Justice Daly an order to examine Jane Stagg before trial. Ramon de Rivas y Lamar, a Cuban resident of this city, died iately in St, Augustine, Fla, leaving an estate valued at about $500,000. By his will, made in Baltimore on the 1st of March last, he left $1,000 to be divided among the poor Cuban ludies of that city and tho reslue of his estate to his immediate relatives aud friends, ‘The will was yesterday offered for probate in the Surrogate’s Court in this city. ‘The United States Grand Jury are still engaged in their investigations into the cause of the recent acci- deut at the Post’ Office Building. They will come into court on Tuesday next to present the result of their labors on the criminal cases submitted to them for the Aprilterm. They will probably at the sume timo make some presentment in regard to the ato disaster, apd upon whom, in their opinion, the responsibility rests therefor, ‘Tbe Compton lunacy matter was again up before Chiei Justice Daly, m the Court of Common Pleas, yesterday. Certificates made by Drs, Corey and Stiles, physicians selected by the Messrs, Wightmwan, were read, to the effect that Mrs. Compton is still of unsound mind und incapable of the managementot her property or person. Alter hearimg counsel on both sides the Judge granted an order vacating the order of relerence heretotore made to Mr. Clark Beil and enjoining the Messrs, Wightman {rom taking any further proceed- ings in the matter. To Marme Court, Chambers, yesteraay, a motioa was made by Mr. Gparles Wehle'to dismiss the com- plaint im the ease of Kernbach ngaimst Koebier, on the groupd thal the plaiuuill did not comply with a ceria order heretofore made by Judge Sheridan, of the same court. Mr, H. G@ Kracht, counsel ior the defendant, argued, im opposition, that inasmuch as tho order heretofore made by Judge Sheridan bad net been en- tered by the ut there was no order to be coms phed with until it was entered, und that if Judge Sheri- an had dechned to enter un order as submitted by the defendant the latter should have presented a pro- per order to the Justice on retice, and counsel for de- fendant would have been relieved of his trouble in en- deavoring to procure the entry of the orger, Judy Sinnott 80k the papers, reserving his deciaion on the motion. Tn tho suits of The People vs, The Twenty-third Strect Katiroad, and The Bieccxer Street Raliroud Company vs. The Mayor, the particulars of which have already appeared ia the HERALD, a motion was mude on belialf of the people belore Judge Dononue, in Supreme Court, Chambers, yesterday, tor acommis ston to , in the city of Philadelphia, the cone tractor for the ‘construction and completion of the Fourteenth street road. The claim ou behalf of the people is that the road is being completed without authority of law, and that the evidence of the contrac- tor 1s necessary to show that fact. Decision was re- served, DECISIONS. SUPREME COURT—CHAMBERS. By Judge Donohue, Gresel vs. Rubsain; Pinckney vs. Kennody; matter Mutual Lite Insurance Company vs, Frucht- matier of Reater; De Lavalette vs. Windt; Purdy vs. Conner.—Motions’ denied, Morris vs. Dorsey.—Deniod. Memorandum. Ammidown vs, Goedecke.—Motion deuiou, without costs. McVey va, Cantreil; Taddeken vs, Cantrell; matter of Murphy. —Memorandums. Peuple State of New York vs. The Mason Manulac. turing Company,—Order as settled. By Judge Brady. Contastablos vs, Bevaus. —Order granted, By Presiding Judge Davis, Bates vs, Cunningham.—Order granted. By Judge Garrett, Lord, Jr., &c., vs. Fink.--Opiniou. Bryan vs, Paolt Belt Compaoy.—Motion denied, with- out costs, Bryan vs. Paoli Belt Company. —Motion denied, with $v costs, ‘ Bryan vs. Paoli Belt Company.—This decision was correct and must stand, + In the matter of Duvis to vacato assessment. —-This was not a case of repavipg within the meaning ot tho act of 1874. 1t was tle paving for the Urst tune of what was pratically a new sircet, the resetting of the old pavement being buts necessary iucident thereto. Buteven if it were a fepavement within the mean- ing of that word as ured in the act the motion to vacate tho assessment should still be deniou, There was a substantia! if vot a iieral compliance with the law as to the required petition of property owners, which petition was sigued by the applicant himsell. ‘Then, as to the contract being given out without public bidding, 1s was ‘otherwise ordered by « vote of three- lourths of the members elected to the Common Coun- ciL’? That is, discretion was vested in tue Cominis- sioner. ‘There berg no substantial irregutarity and no fraud having been proved tho motion must be denied. By Judge Lawrence, Steitz va Green; Moran va. Watking: —Ordg granted. . Cummung va New York Cement Compaay and others. —Memorandum for counsel, Huerstal vs. Torrey, &¢.—ine motion for an injunc- tion is grantod; the motion tor the appoinument ot a receiver is denied, MeCutchea vs Bowen,—The report of the referce which the Court 18 asked to pass upon aud confirm on this motion 1s not with the papers submitted, The pupers are therefore reiurned to the clerk in order that the report may be submitte Copping vs. Copping. en if the additional affi- davit presented could be received on the motion to contirm the reportol the referee in this case, which is very doubtful, we provisions of chapter 133 of the Lows of 1869, sections 1 and 2, have not been complicd with, as counsel will readily see by ao examimation of the act, sec. 3, R.S., 6th ed. p. 6 Leslie vs, Paoli Belt Company; Bryan vs, Same.— Motion to remove receiver Leretotore appointed is de- nied, with costs of motion, Ido not feel inclimed at present to direct the sale of any of the property of the corporation except the bad debts, When they have been soid such further application as may be necessary can be made to the Court, Brown and others vs. Townsend Savings Bank,—The motion to Vacate the attachment 13 denied for these reasons :—Firs(—Ll, as is alleged in the defendanv’s aili- davits, the receiver appointed by the courts of Con- | mecticut made no claim to the property attached, and ure theretore hot properly defendants 1m the action, upon the trial of the cause the uppropriate Judgment can be rendered and the rights of the defendants pro- tected. Second—It, as is alleged by the plaintfl, the «etendants do claim tbe property or a por-iou thereo!, as they have beea duly served I nave no right to decide on & motion that they should not have been made dejendants, Third—The plainul’s affidavits disclosing a prima facie cuse for the issuing of au aitachment, the Court will not, on a motion and upon alfidayits, pass upon the merits of the cuso, Losee ys, Norioik and Petersburg Railroad com- pany.—The plaintif’s counsel objects, among other matters, that yggre is no proper proof before the Court of the apfOintment of Mr. Perkins as revo for us to the terms or conditious upon which the c solidution was made, and that the order ior Mr. Por- kins’ examination having becn issued regularly and upon proper proper papers, the pla:nuff 1¥ entitled to proceed with the examination. Ju this] think that he 1s correct, and shall therefore permit the examination to proceed. Where it appeurs by the examination and vy the record that the witness 1s a receiver appointed by the United States Circuit Court for Virginia, ana that all the property which he bas his mands he holds in that capacity, and not oberwise, the whole question as to the power ol this Court can be discussed upon a motion Which may be made by tho plaintiff! to Lave a receiver appointed here to try the question of title on the question of the power of this Court to intervene and tke possession of the fund, J express no opinion, but as the case stands the examination must proceed. BUPLEME COURT--SPECIAL TEEM, By Judge Van Vorst. Lynog, &¢., v8. Brunder, Jr, and others.-—Judgmont for plaintiil, ‘Seo memorunaun, SUPERIOR COURT—SPECIAL By Judgo Santord Lee et al vs. Henriques; Lester ys, New York Enamel Paint Company; Roussell vs, The St. Nicholus Insurance Company et al—Motions douied, with $10 cust Sturgis vs. Foran et al.—Motion to continue injune- tiou poudente lite denied, with $10 coste. Hensel et al. vs. Gray.—Case and exceptions settled and ordered on file, Busset vs. Henriques, —Motion granted, Canut vs. Conner, &c.—Cuse settied; tourth amend. mont wiowed. Beyer ot al. va, Rettig. —Order granted and undertak- ing approved. Roussell va St Nicholas Insurance Company. --Or- der denying motion for a new trial, Arnam ys. Uonner,- Under the rule Iatd down in Huyne vs, Robertson (35 New York Supertor Court, 69) but one bill Of conte can be tuxed tu favor of dv: fendauts; @ fetaxation 18 therefore ordered of a single bili. WERM. Smith vs, CantrelL—Motion denied as far as order | directing discharge of lien is concerned. dum.) (stemorane MARINE COURT—CHAMBERS. By Judge Sinnott, Murray va. Luthy.—Motiou tor resettiement of order denied. Curry vé Pariey,+Motion granted, stay vacated; ho conis, Anderson V3, granted. Lui Darey; Copnor vs. Stmith.—Motions * vs. Nathan.—Motion to vacate order of ar- Fest vented, but cause set down for trial. Keeler va. Griswold, —Judgiment for plaintitt, The New York Lithograpbing and Eugraving Com- pany vs. Hyde,—Attuchituent vacated, Forsus va Weisman; Kozer va Eggleston; The Markot National Bank vs. Tracy; Myere v5. Bunman; Aodrewe vs. Andrew: it vs, Sougwick; Postley va. Herts; O'Connell va. Badger; Reilly ve. Comp; Baker vs Sagetan; Gilroy vs. Sauer; Hop- kins vs, Fisher, Woouruil vs. Sprague; Maitoy ve Cottey ; Paimer viv Beoutty; Fisher vs. Houben; Gillett vs. Lamane; Eppler v4. such, Smith vs. Rupelyea— Orders granted. GENERAL SESSION: Belore Judge Giiuersiceve, PLEAS AND 3. Edward J, Lynch, of No, 200 East Twonty-eighth PART 2 150 East Twenty-sixth street, on the 23th of April, and fatole two rolls of carpet, which were subsequently found in his possession. Ho pleaded guilty aud was sent tothe State Prison for two yoars and si: ihe. ‘Thomas Lappin aud Hugh broke ‘ato ihe office of Thomas Meagher, No. 232 West Thirty-second street, and carried off some gas iixtures, They pleaded guilty and were sent to the State Prison each for the term of eighteen months. BROOKLYN DIVORCE SUITS. Suit has been commenced in the Brooklyo City Court, before Judge Neilson, by Rachel Adami, of No. S4 Leonard street, E. D., aguings John Adami, ber husband, for absolute divorcee. The defendant is a dancing master. The complaint alleges crim- inal conduct on the part of the defendant, and several pupils are mentioned as"particips crimin:s. In the Supreme Court, Kii county, Emma Whip- penhorst recently began suit for a limited divorce jainst Charies A. Whippenhorst, on the ground of alleged incompatibility of temper. Yesterday counsel tor plaintiff filed a discontinuance of the action with the County Clerk. Application was made in the Supreme Court, belore Justice Gilbert, yesterday, for confirmation of the re- port of the referee in the case of Elizabeth Flossman aguinst Charles &. Fiossman for absolute divorce, on the ground of adultery. The report was in favor of the plainut!, The parties, who are reapectably con- nected, reside in South Brookiya, Decision reserved. H. D, Birdsall was appointed referee by the Brook- lyn City Court, yesterday, in the action for limited divorce brought by Catherine Karcher against Fred- erick Karcher. The parties, who were married in 1853, have lad ten children, four of whom are Jiving. ‘The ‘complainant alleges that since 1869 the detend- @ntv’s conduct toward her bas been uniformly brutal ‘The caso will be argued on Saturday next. COUNTERFEITERS IN COURT. William Johuson pleaded guilty to passing countor- feit money, yesterday, before Justice Benedict, of tho United States Circuit Court, in Brooklyn, and was re- manded for sentence. ‘ Charles Smith also pleaded guilty to passing counter- feit Afty cent pieces, before the same Justice, and was sentenced to do hard luvor !n the Kings County Peni- ventiary for three years and to pay a fue of $1. Henry A. Bertone was sentenced to the Peniten- tlary fur nino months and to pay a fine of $100 for having unstamped cigars in his possession, John M. Broint, arrested tor a similar oflence, was sent to the Penitentiary tor the same period, George Williams pleaded not guilty to the charge of passing counterfeit filty cent piecos and was remanded tor trial until the first Wednosday in Juno, Is IT A CONSPIRACY? FEaward Perry Valentine was before Justice Semler, in Brooklyo, yesterday, to answer to the charge of having shot Wilham Larkin tu the leg ou the night of Now Year's day. Valentine, who is very respectably connected, was also arrested about six weeks since on the complaint of his two sisters-in-law, Mary and Annie Mace, both young girls, who charged him with assaulting-tpem in an tadecent manner, Valentine’s mother-in-law evgineered the prosecution against him, and he was finally indicted by the Grand Jury, By the interference of bis father he was liberated trom jail on bail lt is stated that Mrs Mace became very angry when she heard of Valentine's discharge, and endeavored to have him arrested on another com- plait, but futled. The police hud not beurd of the shooting aflray until Larkin entered his complaint on Thursday jast. When asked why he had not reported it he said that alter he was snot he wont to the hospi- tal in Bushwick avenue und bad been there ever since, Valentine’s iriends allege that the night the shooung ocenrred Larkin attempted to grab Valentine's watch and chain, Tne latter, thinking Larkin tn- tended stealing it, drew bls revolver, Dot to shout, \but to irighten Larkin, Whilo Valentine had the revoiver pointed dowaward it accidentally went off and ine bullet entered Larkin’s leg. The injured man says be does not Kuow Mrs, Mace, bat it is alleged ne has been in ber house. Mr, Valentine, Sr., states that he will be able to prove that a vile conspiracy has been made against bis gon, CAUGHT ON THE FLY. Frederick Philp, ot No. 863 Mighth avenue, in bis father’s absence yesterday, bad occasion to go up stairs. As he reached the second floor a man, with some bundies under bis arm, rushed past. Philp pur- sued the jeliow along Fiftty-fiede stroet, Oflicer Howitt, of the Twenty-second precinct, joining Im the chase, The man ran up Tenth avenue and bid inacellar in the house No, 762 Tenth avenue, between Fitty-first and Fifty-second streets. There were a number of barreis in the cellar, and, as the otlicer followed, ho cou see nothing but the man’s baud, which held a revolver. He shouted to the chap to drop his arm or he would fire. This the follow did und he was arrosted, The revolver was found to be loaded in each of its chambers, On the person of the prisoner were found skeleton keys and a pair of pants, He was arraigned. at the Fifty-seventh Street Coart yestorday charged with having stolen $30 worth of goods. He acknowi- eaged taking one pair of pants, but denied all the other charges. Ho said he was a native of Germany and at present was living in Grand strect. He wus held in 1,500, A BRACE OF BURGLARS. James Farrell, of No, 108 Washington street, and Charles Williams, of No, 85 Wooster street, young men about twenty-five years of age, were charged at the Tombs Volice Court yesterday with attempting bur, glary. They were discovered about eleven o'clock the night previous on the root of a building adjoining the cluching mganulactory of John Fullou, No. 188 Grand street, Tie scuttle of the latter premises was found pried open, but no goods had been carried away. ‘Three chisels, a brace and two bits were found oa-the pereons of the prisoners. A uark lantern was also tound on the roof. The prisoners wero helit in $2,500 bail cach, in detault of which they were committed to the Tombs. DEUS EX MACHINA. Eliza Hear boarded with Mrs, Jane Barry, of No. 271 avenue A, till lately, when she signified her mention of leaving. Mre, Barry thereupon claimed that mouey was duo her for board. A tight ensued, during which a $75 sewing machine, the property of Miss Hear, was destroyed. Mrs. Barry was arrested and arraigned at the Fitly-Seventh Street Police Cours yesterday, She adindied breuking the machine, but said that ner boarder was leaving with board unputd, aud she had endeavored to hold on to the machine until bor cluuns were satistied. Mrs, Barry was bailed in $400, THE POST OFFICE DISASTER. The commission appointed by Postmaster James, pursuant to instructions of Secretary Sherman, met at Jour o'clock yesterday atteragon, in the large oflice of the Postmaster, Mr. James having given up bis room to them, Tho following gentlemen were presen Ex-Senator William Laimbeer, Messrs. Theodore W tor, David Jardine and George B, P architects; Messra Samuel Lowden und Wiliam A. Gedney, builders, and Mr. Audrew J. Campbell, iron founder, The proceedings were conducted with closed doors, A Lumber of Witnesses will be called to-day, who will be thoroughly examined in regard to tho causes which led to the disaster, It 13 possibie that Coroner Elinger will co-operate with the cominission. PUBLIC SCHOOL JURISDICTION, ‘The petition to the Legisiature asking it ‘to main- tain tno Board of Education «ad the schools under its Jurisdiction independent of the city departments, and to exempt theia irom tho operation of tho propused charter,” has met with great favor trom ull classes of our citizens. Although the petitions have beon in cir- culation but two days about flve thoasand names have been already aflixed. Among these are the names of Dr. Chapin, James W, Beekman, Frederick de Peyster, Muses laylor, Jobo J. Cisco, Potor Cooper, ex-Mayor George Updyke, Sheriff Bernard Reilly, ex-Mayor 8. B, HM, Vauco, Frankilu Allen, Vostmaster James, fon. Will E. Dodge, Vrotessor Charlies Pardee, H. i. Cluilin, Dr. Adolph Huebsch, Rev, Samuel Welsch, Charles Biauvelt, Lewis Silvester, Eliot. Shepard, ex-Aiderman Wade and many more of our largest tax: payers. ‘The Hon, John Jay bas written a letter give ing his hearty approval and regretting taat noa-resi- dedce prevents bin from signing. PLAYING POLICEMAN, An ex-poiiceman, Patrick Murphy, engaged In the weiss beer establishment of Julius Wiesner, of No, 196 Mulberry street, claims that his employer owes him money, On the 3d of May Murphy met Wiesner walk- ing iu Third avenue, near Twentieth street, and, waik- ing up to the latter, represented himself to be a police. suun, and threatened to arrest Wiesuer, He caugat hold’ ot Wiesner’s coat, sbook tbat gontioman and de- insnded “the $3 owing him.’? Wiesner calied oo Onlcer O'Neil, of the Eighteenth precinct, and Murphy was arrested and at the Kilty-seveuth Street Court heid in $300 to agswer, ‘S EXCIS BROOKLY) MUDDLE. At a special meoting of the Kings County Board of Police and Excise, held yesterday atternoon, it wae ro. solved to issue licenses to such persons as may apply forthe same to keep an inn, tavern or hotel, provided that all statutory requirements for the accommo 1 of travellers are compied with. Within ehe past days over five hundred apptications have been re ed by the Board, but of these only ton ticense issued lor ale and beer and storekeepors' ‘The joss of revenue to the city by reason of licenses, the present deadiock In the imverprotation of the law amounts to several thousand dollars, Licenses whieh have expired baye not been renewed, nur have we Street, eutered the ruoms of Patrick McNamara, No, | holders of the vid licenses been invertered with, BALLOONING OVER THE SEA. ptt Sse ANOTHER AERONAUT PROPOSES TO Choss THE ATLANTIC IN AN AIR SHIP, A meeting of aeronauts is announced to be held in Philadelphia in July for the purpose of discussing the feasibility of crossing the Auantic by balloon, and other muatters of lesser public interest connected with their craft, Should tuls meeting take place it will probably rosult—judging from similar aifairs in the past—io an jmmense amount of talk and the presentation of ap im- mense number of plavs and suggestions of a more or less impracticable natare, und that isail Mr. Charles i. Grimley, a plucky young seronaut of this city, wno has made more than a score of successful ascensions, writes a letter to the Hxraxp on this matter, in which ho boldly offers to cross the ocean if some one willdetray the expenses of the attempt. He say: “As so much has been sald and written upon this subject of late, aud little or no acy tion bas beon taken, will you allow me to state through tho Heratp that if any spirited gentleman will furnish suflicient money to build and equip a suitable balloon, I will, on condition that I have the sule management, at once undertake the experiment, and decido the question as to whether a balivon voyage across the Atlantic Ocean to Kurope cun OF cannot be accomplished.’ aN alk SIP STUDIO. Mr. Grimley was yesterday visited at his homo in Third avenue by a reporter, who wished to learn how he proposed to atsempt the passage in case the mone sbould ve furaished, ‘ne balioonist was found at wor! in an apartment, the walls of which wero coverod. with pictures of ail sorts of contrivances for sailiug the air. He is a short, well built, dark complexioned, active and intelligent Englishman of thirty yearsyand is an onthusiast in his profession, ‘The reporter inquirod whetber Le bad any new machine with which he pro- posed to mi the ocean passage, No,” was the reply; “I tink there can be little improvement ma upou our present balloons. 1 should simply build one with a capacity of 150,000 cubic feet of gas, This shoula be cutireiy of silk, and I would make it with my own hands, so that 1 should have every contidence init, ‘There 14 no doubt that there exists a strong and steady easterly current across (he ocean, and the ouly thing necessory to oress is to find balloon which will stay up Jong enough to reach the other side. The passage Would not, Lam sure, require more than tour days,” NOT TOO BIG A BALLOON, “Would not u balluon of 150,000 tect capacity be ratber small?’ asked the reporter; ‘‘you know the Graphic, im which poor Donaldson wus to crogs, had capacity of 600,000 feet, ’” “bat was the great fault of the balloon you refer to,” said Air. Grimley. ‘It was altogother too big. Lt kept up Jong enough to You see the larger the bag is the gre ocean. wxcupe oO! yas and the more ballast you are obliged to throw over. When the sun’ rays heat the gas at noon- day it expands and escapes at the neck and in otber ways, Then at night the temperature Jalis perhaps twonty-tive degrees, the gas Coutructs and twenty pounds of ballast bave to be turowu out. Oi course the Changes of temperature effect the smuller balloon also, but not to a proportionate exteut, Ii we could ha’ night continuously for 100 hours the crossing of the ocean would be uo feat atall, tur the balloon would be 1D an even tomperature and the logs of gas and ballast wouid be very sinall.”” HIS EXPRRINCE, Mr. Grimley expressed bis contidence that he could rouch Europe i sour days if some one would turmsh the means, He has had a good deal ot experience in acrostation, He came to this country seven years ago from Worcester, England, where he bad been for a long timo the assistant of a gentleman named St moug, who owned several balloons and mude uscen- sions for pastime only, After his arrival here he on- gaged in business, but bis health failed and he turned to his old pursuit again. On July 4, 1875, be made an ascension at Port Jervis, inthisState, In the following September he ascended trom Schutzen Park, aud from thence went to Monongahela City, from which place he made a successiul asc jon, bi ‘as nearly frozen | to death, so cold was the weather, although he was up but two hours and travelled only ifty miles. Going to Pittsburg in October of the same ir he was en- gaged by the authorities in charge of the Exposition there aod made five very succosaiul trips. On one occasion Mr. urlmley travelled 150 miles in three und one-balf hours, ARMY AND NAVY CLUB ELECTION, The resalt of the recent election for officers and Bourd of Managers of the Army aod Navy Club, has been made public, and ts as follows:—President, General Lioyd Aspinwall; Vice President, General Henry E. Davies, Jr.; Secretary, Colonel Charles Treichel; Treasurer, Colonel! Kent, House Commit- tee—General M. J. MoMahon, Colonel Gebhard and Major John Wharton, Board of Managers—General Aspinwall, Goneral Davies, General George H. Sharpe, General Junes McQuade, General M. J. MeMabon, General Kerron, General Jeshua T. Owen, Colon Charles Treichel, Major Wharton, Colonel Gebuard, Colonel Kent, General K. Knox, General Anson 6, McOvok, Colonel! H. C. Lockwood und William R. Sarrison, The club is in an-excelient condition, all outstanding matters having been fully adjusted, and pew momvers are being coustautly udded to its ‘the club will remain at its present location, No, 28 West Thirtietn street, till May, 1878, aud the facilities for tue enjoy- ment of its club life ure being increased. To the oih- cers of the regular army and o1 the old volunteer forces it has become a necessity, aud a bright future ig anticipated by its members. “ HYDROPHOBIA, To tar Epitor ory tHe HeeaLp:— Noticing your remarks under the head of ‘*Hydro- phobia Remedy,” 1 inclose a copy of the celebrated “Gooaman remedy.” The writer was treated with it In Philadelphia forty years ayo by Dr. Goodman, in whoee family the remedy remained a secret for many years, aud [ request that in the mterest of bamanity you wil give it the world-wide circulation of the HrraLp, Yours truly, a THE CURE. A dove for u horse or » cow should be about four times as great us fora person, It is uot too late ty wive the modi- cine any time Lelore the spasms come on. ‘The first dose for @ porson is one and one-half ounces of elecampane root, bralged, put in hall-plut of milk, reduced to one-nalf by ing, then tuken all at one dose in the morning, fasting until uiternoon, or at least a very light diet alter several hours have elapsed. The second dose the same ax the first, copt take two ounces of the root; third duse same us the . to be tuken every other day. "Three doses are ull thas needed, and there eed be uo fear. This C know from my own experi number of other cases where it hus v utirely success: ful. ‘This is no guess work. These persons that [ wilude to were bitten by their own rabid dogs, that hud been bitten by ravid dogs und were penned up to see if they woud go and [ know ofa tad: they did go mad, and aid Ute the persons This rem- edy has been In use fu und avout Phil ia for torty longer, with grout success, wud is known as the medy. Lam acquainted with « physician who ¢ knows of its use for more than thirty years, 30 that lulled where Mt was properly nd: eases he meutioned was on had boen bitten by halt the number they administered this rewe: half'not; tho latter ull died with hydrophobt that took the clecampane and milk showed no ‘signs of the diswase. ininistered. where « numb = A BISHOP SUSPECTED. A young man named Isaxc Bishop, until recently employed in Brown's soap factory, No. 185 First ave- nue, as acierk, was yesterday arraigned at the Fifty, with having ob the Ith of November last received $28 from H. Habn, of No, 766 Eleventh avenue, for Messrs. Brown, und failed to return the money. Ex. amination, it 1 alleged, proves that Bishop has beeu xuilty of like offences belore, und that be has aliogether taken $487 of bis employer's money. Henry Habo made affidavit that he had paid Bishop $28 in payment of monoy owing the firm. Bishop was batiod for ex- amination, MRS, LEAVITT INDICTED. Mra. Adelaide Leavitt, uf No. 862 Second avenue, on the 15th of March last, preferred cuarges against the Rev, Dominick McCaffrey, pastor of tho Episcopal Church of Our Saviour, Third avenue, near Thirty- ninth street, accusing him of attempting to commit an indecent assault upon her, After a sories of examina- tions Rev. Mr. MeCullrey was held by the Police Magis. trate, but the Grava Jury subsequently dism: complaint against him, 0 revorend g retaliated and brought a charge of perjury against Mrs. Leavitt, who was arrested by Detectives O'Conner and Fields, of the District Attorney's office, She was held yesterday in (be sam of $1,000 to await trial, SEEKING HER DEATH. From pier 52 a young woman yesterday morning plunged into the North River and was being carried away by the current whon Officer O'Connell, of the Western Steamboat squad leaped into the water and with considerable aifficulty succceded in rescuing her, ‘Tho girt scemed determined upon giving over life aud apparently regrotted the oMver's timely asatance At the station house she explained tho cause of her suicidal attempt, Her name was Mollie Morton, sue suid, and added that sae had no bome, The old story ot seduction, betrayal and disgrace was bers, and she spoke bitterly of the young man who bad been the cause of her m!-(orcunes, bat persistently reiused to give bis name, vr Lo give apy inkling as ty her past dence orassociations. She was attended by Dr. En- sign and removed to the Now York Hospital, THE FATAL DRAUGHT. ‘An inquest was hold yesterday at the Twenty-ninth precinct station house on the body of Rosa Weiss, the domestic who died from the effects of a draught ofa Hquid containing among other ingredionts some cyanide of potassium, which was given hor by mistake, Aman named John Leggett, employed to clean win- dows, discovered what he supposed to be a bottle of claret, but which was in reality a mixturo for cleaning and had poured out a glass of it to drink, deceased happened to pass, and at his invitation drank off a portion of the suppos wine, At the time of the occurrence Coron Woltman committed Loggets, aad held Lonry Corpit, seventh Street Court, charged by Deiaplatne Brown | $500 to appear at the Inquest, at thé same him baving exposed a bottle cun- taining so ly a mixture where it could readily duce miseb: ‘Alter the evidexce was heard tho jury tendered a dot cf death by. sont patal ey : nk und censured Corbit for his carelessne’ bottle where 1¢ could be easily mistakeu and used with ‘80 fatal effect. THE ROMAN BAR. LECYURE BY MR. ISAAC VAN WINKLE AT COLUMBIA COLLEGE LAW SCHOOL, Mr. Isaac Vau Winkle, counsellor-at-law, gavoa very | joteresting lecture last night at Columbia College Law Sebool on “The Roman Bar.”? The members of the Beuch and Bar of New York State and New Jersey had been invited to the lecture. A large number of them were present, as also many students from the law acnool. Among the Romans, said the lecturer, the. place tor the administration of justice was the forum; the judgo was called practor. The classical period of the Roman civil process extended to the reign of the Emperor Diocletian, Under the laws of the twelvo tables regular forms of procedure had been established. The first pleaders who appeared at tho Roman Bur were not | Jurisconsults, bat the patrons of the common people. | But when business transactions became more frequent And the science of the law more difficult and compli- cated there were a class of men who began to apply themselves to the study of jurisprudence, The limi- tation in the Jength of oral pleadings im the time of Cicero was lett to the discretion of the jadge, In criminal casew the time was fixed according to the Pompeian ruie—the accused having more time than we accuser in tho proportion of pine to six. In this meusurement of time the clepsydra, or water clock, ‘was used, in many cases several counsel were employed on one side, but the custom’ was not approved of by Cicero. It the uecused had no advocate the judges ap- pointed one for him. Under the Itepublic ‘advucates received very large fees, Claudius ‘and Cicero were charged with having exacted exorbitant fees. Cicero received from Publius Seylla, then under impeach- chee ment, 1,000,000 susterces, or about $40,000, with which he purchased a house, received under the diaguiso of a loan. Cicero boasts in bis second philppic that scelved upward of $20),000 from legacies left him by is friends, wnd yet he borrowed money without scruple, Under Coustantine advocates were prolib- ited, under penalty of being disbarred, from making apy burgains with their chents tor acquiring any por- ticn of what thev might gain by the lawsuit, Women were allowed to plead their own causes, but were not ailowed to plead or act for others, Law was taught im schools bout the samo us at the present day. Under Justinan the students were obliged to study five years und pass a public examination, ‘The lecturer gavo an elaborate criticism of the principal Romun lawyers, Horten- sivg was a contemporary and rival ot Cicero. He was amanof great memory, clearness and accuracy, and possussed great grace in style, Asimius Pollio was en- with a great power of unpremeditated clo- quence. If success Was the criterion of a grext orator Cicero was the greatest, for be possessed the faculty of persuading toa remarkable degree. It might ba safe to stuay him, but not to follow bun. - While we may derive many advantages, concluded Mr. Van Winkle, from studying the various charac- teristics of the style-of the great orators of ancient Rome, 116 not in our day so desirable to possess all the perfections which Cicero and others required of an orator. 1 do not consider the highest order of eloquence to be the principal qualification of a lawyer, There are but tow vccasions that call it in demand, fhe advocate should learn to condnct a suit witb skill and ability; to prepare the pleadings in proper form and to state all the tuctsot his c in their natural und chronological order with clearness and accuracy; at tho Bur to learn to handle bis cause with coolness and judgment, aud endeavor to seize well the points on which 16 hing: to learn to express himself in well chosen lauguage, senteatious rathor than redundant and copious, supporting bis arguments with pertinent reasons aud’ precise und well chosen authoritics, Ishoula rather urge upon the advocute to reverse the rule of Cicuro—eloquence tirst and then some knowledge of the law—and insist that ho should bo learned in the law and practice and moderately elo- quent, more a dialectician than a rhotorician, and a man ot business and judgment rather than ol great and long discourse. A RELIC OF THE REBELLION. The torpedo boat Midge was sold at auction at the navy yard, yesterday, the purchaser being James T. Powers & Co, ‘The Midge, which is a cigar-shaped vessel, 45 feet long, brought but $250, She was built by the Confederates, and when first launched went to the bottom with a crew of six mon on board, MUNICIPAL NOTES. Fire Commissioner John J. Gorman, Dock Commis- sioner Vanderpool and City Chamberlain Tappan were yesterday sworn into office by Mayor Ely. Mr. E. B, Shafer bas been appointed to codify all the city ordinances by Mayor Ely. It is ossentially neges- sary that this work=*hotid be speedily secomphshed, as nobody seems to know which ordinances are in foree or which bave been repealed. Tae statesmen around the City Hall are now on the ragged edge as to the question whether or not Gov- ernor Robinson will sign the Omuibus bil. If it be- comes w law it will materially tnverfere with the bread and butter of many a Tammany olfice-holder. Corporation Attorney Boyd reports having paid $633 to the Comptroller, penalties collected during ‘the month of April tor violation of city ordinances. ‘The tags and other paraphernalia necessary tor issu- ing heenses to dog owners will be ready by ten o'clock on Monday moraing, Mr. D, 8. Hart, ebtef of the Permit Bureau, 10 the basement of the City tall, will have charge of this matter, It ts not hkely that Mayor Ely will nominate Com- missioners for the Parks and Police in pince of Messrs, Martin and Erhardt upul the week alter next. It was yesterday rumored that General McCiellau might be selected for Police Commissioner if the Mayor con- cluded to recede from his position as to non-partisua- ship of that body. Comptroller Kelly will to-day sell tne schoolship Mercury at public auction in the new Court House, ‘The vessel is now lying ut prer No. 1, North River. REAL ESTATE, Tho following sales were made yesterday at the Ex- change:— BY K. 1. LUDLOW AND Co. thomas H. Hurtwell, referee—of 05. 1X25K61.11, New 144 Knot Bit. w. of Rutgers st., to John. A sexy. $17,000 Foreclosure sul ee ith Lo Broadway, n. x. J. Koese, plat Similar sale—Goorge houso, with lot 34x1 e.%, 100 ttn, of 15th st. uf. . Ar ri x128, Now to George Ahern, plain Foreclosure house, wi 9,500 Foreclosure sal House, with lot 25x100, me ». 5 ft. w. uf 3d ay,, to Eleanore K. Baldwin, plainti .. BY A. H. MULLMK AND 80: sure sale—Eugene H. Pomeroy. referee—of » , With Lob ISX, 5. 8. Of 126th st, 14k It. w. of to K, A. Streeter, piaintiff,.... 3,000 7,000 7.000 TOW | 7,000 same. ; Bd av., m &. corner of 126th Nom. , 100 ft, n. of Sth i wita to Mary A. Hu a 2 11,800 Water st., & corner of Depaystor st é Hofiunn ana wife to RG, Mitch 18,000 160th st, Bo 8, ©. of Fulton av, ; A. Kubin and hasband to J. Fri 1,000 a 5D thew ‘St. ae ‘hn 4, Bodinan ( 1064 Tt. 0, of 4 500 | bs ‘ nor and wife to L. Hofmeister... 2... 7,600 | c, corner College av. 75x100 ward). G. 2. smith (eleree) to Mutual Lif 7,600 Morris av., & w. corner of Gard 2100 ward) ; same to Murtin Noce 10,050 Garden st., 0. %., 100 te, of Colle (23d ward 8d st, (referee) Houston st. 5 . Hard (rote 3 Ast Av., 0. hy Ht a. of 2th at Landou (referee) to J. it. Whiting, Je MOLTGAGKS, Ahern, Cornetius and wile, to ‘Wsth'et., between 2d and Ud avs *. Bel LOY Samo to sae, @, s of dd av... of 120th st. Saiue to same, es, of 3d av. n. of F2eth 96, Same to sume, Ud wv., 120eh sty * 10,000, 500 | 1 yeni Laugley, bagono to James D. Bird, n. s of 7 W. of 1st ay. 5 2 yours, . % 87 Bradiord, B,, to Union Dime Savings i it of 4th av. ; instal 5,000 + to Bleveath Ward Savin; 3 1 your. 3,000 rife, tv Matai 23d ward) 1 year. 4,000 Archibald, to Honey Sinich, nod and 4th av. 600 obinsen, Mary, ty Lili of Madison av. ; 10 yours O'Brien, Joon wad others, ti G. Gromweil, a 6,500 MRS. NICHOLS’ DIVORCE. ANOTHER FEMALE WITNESS TESTIVIES ag TC THE FAMOUS RIDE AT NEWPORT, Buipexrort, Conn., May 4, 1877, ‘The hearing in this caso was resumed yesterday morning by the introduction of evidenco for the re- spondent, Mr. Nichols. The attendance of spectators was quite small compared with the nuinber present in the earlier part of the trial, At the opening of the Court a huge pile of depositious were thrown upen the table by cuansel for Mr. Nichols, who began to crack the seals, antie “red tape” and set them tn order for presentation, The reputation of Nelson Ketchum, one of the principal witnesses introduced on the part of Mr. Nichols to sustain the allegations contained in the cross bill, and who was Mr, Lym: sailing mase ter in 1872, having been ussviled and impeached by the testimony of several witnesses who knew him wall, the first item in the proceedings was to-redeom his character trom charges of untratbiulness. To effect this, to set the reputation of the Captain right in the eyes of the Court, the depositions of Charles 1, Duryea, ©. Jackson, A. H. Weeks, Charlea Bishop, ‘Andrew Jacobs and Ira Oukley, of Babylon; William Belsore, A. 8. Norion, Wilham 8, Griffinand ©, 7, Rowland, of Islip, were read, all claiming to have had amore or less extensive and intimate acquaintance with Ketchum and beheved his repaation for truth and veracity to be good. MRS. NICHOLS RIDES OUT WITH LYMAx, Ella Milbank, of Greenteld Hill, Conn., testified that she knows aud hus for many years known Mr. and Mrs. Nichols; she went on the excursion in 1869, oa the yacht Coming, with Mr, and Mrs, Nichols, Mise Nichols and Rev. Mr. Sturges; they arrived at New. port on Monday in tbe week; the first. night they all stayed on board ihe yacht, and on ‘Tussday night witness, Mias and Mrs, Nichols stopped at the Ocean Houge; they were at the hotel on ‘Tues- day und Lyman was also there; witness stated thut on sday alternoon Mr, ‘man invited Mra, Nichols anu herself to take a ride, aad they accepted the invitation; he was to call for them about three o’ciock, andas he drove up Mr. Nichols, his sisters and Mr. Sturges came up from the yacht; ‘Mr, Nichola went on the piazza and sat down, and at the sano time Mir, Lyman sat ina basket phaeton watting; he ‘Was disuppointed in getting a two-geat carriage, as be intended, there being a great demand for teams that afternoon, and was obliged te take a single-seated phacton instead. Wit ness stated that Mrs, Nichols then asked her busvand If be had any objections to hor going out totake a ride with Mr, Lyman, and he, shaking bit head, answered “No.”? He was not present, witnest jed, when the invitation to ride out was giver und accepted, On tuat evening Mrs, Nichois, Misi Nichols and witness went to their room together, abou: half-past ten o’cluck, but in a tew tninutes thereafter: the former went out saying, as she did 80, that she was goimg to look for # coral pin she had los, Witness soon retired and stated that she could not say when Mra, Nichols returned, Sbe was there in the morning and that was all she knew about i. There was only ove bed in the room, she said, for the three, ‘Tnis concluded the direct testimony of Miss Milbank, and the Court adjourned. A COAL WAR. ATTEMPTS OF THE BALTIMORE AND OHIO RaIi~ ROAD TO SUPPRESS TRAFFIC ON CANALS—BEs SULT, CHEAPER COAL FOR THE PEOPLE, CUMBERLAND, Md,, May 8, 1877. The great coal interest, which centres here and in the surrouoding country, is just mow very much ex- cited by the war that is being actively waged between the Baltimore and Ohio Railroad Company and the Chesapeake and Ohio Canal Company, whose canal operations extend from this point to Georgetown, Va, The origin of this :mbrogiio, which bids fair to terminate in something serious betweon the contlics- ing elements, was ag effort upon tho part of the Baltimore and Obio Company to make a grand gobble of the business of the canal company by making secret overtures of low freights to the various mining com. panies, When this treachery became known to F, A, Gorman, president of the Chesupeake and Ohio Canal Company, @ courteous note wus sent to Jobn W. Gar- rett, president of the Baltimore and Obio Railroad Company, asking for some arrangement for a juat di- vision of the trade and the fixing of such freight rates that would result in making the carrying of cow! profitabie to both the railroad and canal company, while reaching the competition irom coal ‘produced elsewhere, President Gorman’s proposition. was, rather uncero moniously and uncourteousiy refused by the Buiti- more and Obio Company, President Gorman thea determined tbat the caval company’s business should be maintained against the combined opposition of tl Baltimore and Vow Kaiiroad Company and tho inter. ests co-operating with i, Every scheme that could be carriod out to defeat the railfoad corporation hus been adopted by the canal company, President Gor. man having gone so fur a3 to threaten to reduce the of transportation op coal between Cumberland and Georgetowa to ten cents per ton. ‘The citizens of the coal country, and particularly in this immediate region (which 18 ene of the most ti portant and proliic coai and tron producing centres 19 the country), have taken a very active interest in lavoro! the Chesapeake and Ohio Canal Company, and already a meeting of prominent capitalists hus been held at Westerntown to take steps tor the build- ing of a railroad to assist in the warfare against the Baltimore and Ohio Company. It is understood that the latter corporation’s object in the present movement 13° to briog the coal trade to the city of Baltimoro as a help to its marine interesta, as well us for the purpose of maxing that pluce the leading port for Cumberland coal shipments, und to attract the steamships to tnat city for cheap ftael, In the interest of the Baltimore and Unio Company it 18 suid President Garrett can transport coal while w troubie prevails at an almost entire loss, and depend upon the suspension of canalling in the winter to Inake good the losses during the aeason of navigation, Just now the canal suflers from the disadvantage of having no railroad in the Western Marylaud mining districta, the Balumore and Ohio Railroad Company con trolting the Cumberland and Pennsylvania road by {ts association with the Consolidation Cod Company, another corporation which is generally con- sidered a monopoly in the coal regions ot this State, The timpression is general among coal men that the war will have the oflect of sending prices way down to war tigur nd to perbaps lower rates, The miners’ wages have been lowered to the notch, and should the trouble between tI and canal companies rosult im any further decrease of Wages 1018 not Improbable that a strike may occur 10 some of the regions. The rates for coal are constant! falling aud the trade generally ery mac demoralized, but it is believed the canal company will be able to hold its own in the fight and in the end be- come the victor, especially aa it bas the substantial assistance of the people. THE COAL RUMORS, Cornelins F. Timpson, a broker, and Edward F. Brown, a lawyer, who, it may be remembered, were indicted by the Grand Jury of the General Set cireusating, as alleged, certain report ‘all street counection with the Delaware aud Hudson Canal Com- pany, were batled yesterday. Joun A. Kiston, of No, 30 West Chirty-tourth street, becaino bondsman tor Mr. Brown, and George Cecil, of the Windsor Hotel, wont bail ‘for dir. Timpson. George W. Stow, an ace countanl, Who was also indicted on a similar charge, has avt yet appeared, CUSTOM, HOUSE INVESTIGATION, WORK OF THE COMMISSION YESTERDAY—CLERKS” FEES AND POLITICAL ASSESSMENTS, ‘The last session tor this week of the Custom House Commission was held yesterday. Mr. Jay read the following letter, received irom the Secretary of the Troasury:— Tuxasuny Duranrunst, Orrice oF Tuk Tuxasuaen, Wasutxaton, D. U., May 3, 1877. Hon, Jonx Jay, Chairman :— Mik—L transmit herewith for the consideration of your Courmission a co received by me from Samuel Weich & Co., plaining of illegal exuctions of ployes of the New York Cust ; JOHN SUBEMAN, Secrotury of th ry. The onclosuro spoken of was as follows. It wi read and passed over without comment:— May we ask that the © w York Custom jo¢ may be directed ta erty that have been suould be compelled to pay tue feo over again his 1 nites ab any other Castom Houset Alas sand pesquisites by ouse. mission on) why clerks shoutd be allowed to receive fees for furnishing prompt returns of cargoes landed at that city? SAMUEL WELUH & CO., Boston, Mass. Mr. Wynkoop, Deputy Collector of the Fourth division, was called and duly sworn, Mr, Robinsow read the letter of Messrs, Welch & Co, to him and asked what ground there was for such allegations, It answer Mr. Wynkoop replied that such a practice did not exist, and bo ive ts ever charged on the sale of @ | Vessel registered at the home port unless the old regis- ter hasgto be surrendered and anew one taken out, As this requires the work to be done over ju ite ho more thu just that a fee be paid theretor, No bill of sale ure recorded ia New York of vessels placed of record at Boston, unless, as stated betore, the owner ship ls Changed, and then a new regisver 18 Issued, Collector Arthur, Who was present, said that the charge was frivolous and without the slightest foun: dation. ‘he Collector would uot issue a rerogister unless the property changed hands, which necesst- tatod & proper suleguard to be takeo out by the new owners, As Mir, Robinson was compelled to lave last night for Washington no meeting will be held to-day, and turther proceediogs bave been adjourned until Mon. | Gay atvernvon, POLITICAL ASSESSMENTS, Several witnesses who liuve already been examined by this commission testified lo the payment of assed tients for poiittcal purposes Mr. Bausch said op bis 5,000 6,000 ou rst toterrosation that — the! were made to the late Appra: howe! he correcied the (CONTINUED. 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