The New York Herald Newspaper, June 8, 1877, Page 11

THE COURTS. Cumulative Affidavits in the Crim- miu’s Divorce Case, ‘RATHER ROUGH ON A CUSTOMER, ‘Opening the Old Wounds and Telling 4 the Story Over Again. », The facts Involved in the divorce suit pending be- ‘tween Jonnie C. Crimmins and ner husband, Thomas &., bave already very fully appearod in the Henao, including report of tho habeas corpus proceed- ings brought by the husband to obtain tho cus- \ody of their child from his wife. The ground of his Gpplication was that the motber was not a fit person to fe custody of the child, by reason of the fact that she was addicted to the use of intoxicating liquors and bad neglected her child om previous occasions. The answer to this on the part of tho wile was thatthe ber as to intoxication and neglect were wholly also; that vot only was this so, but those very identical charges were applicable to the futher; thar he ‘Was pot only io! rate and uniitted to nuvo the ma) custody of the anid 0 that grouna, but was accus- tomed to use language unfitted tor a young chila to learn. Accordicg to previous adjournment the ques- ton came before Judge Barrett, in the Supreme Court, yesterday, when large number of affiaavits were sey das on the part of the wile by Mr. D. P. Gibbs, er counsel, in which the charge Of intoxication was denied by partics who had been accustomed to visit the house fur weeks ata time and bad every oppor- tuvity to know what ber bi in this respect were. On tho husbany ide hia counsel, Mr. Albert Stick- Bey, also preset a large number of affidavits which ‘Were not read to the Court, but which counsel stated in Open court contained testimony to the effoct that the wife had purchased wines aud liquors at gi ir ana drug stores, with a request that her husband ‘might not be informed of such purchase, Judgo Bar- Fett took the affidavits on both sides, nearly all of which contained merely cumulutive evidence of what has already appeared in the proceedings and been mado public, If on these affidavits, the Judge sald, he Should be unabie to come to a conclusion as to what order to make in tho premises, be would order a relerence to take iurther testimony in the case. A TOOTH AND NAIL ASSAULT. Some years since Simon Friedburg was cashier in ‘the fancy goods store of Stern Brothers, in Sixth avo- nue, Ho wen; in the sammor of 1876 on a short vaca- ‘tov, and on his return was informed that his services were then no longer needed. About a year alter this he was in the store, the request of hia mother, no gays, to match somo silks and purchase some velvets, While so engaged ono of tho frm, Isaac Stern by name, approached him and asked him what ne was doing there, He answered that be bad purchased goods and they bad gone to the cashier’s desk. Stern then ordered nim to get out of the place, as he did not want to sell bim any goods, at the samo time seizing the pasne by the neck, striking bim on the face, pulling im to the ground and then handing him over to his porter to put him out, which was done. From this violence plainut claims further that his neck was scratched and injured, & painiul abscess: a, and the services of both physician and dei it became necessary. For th Heged injurics the assauted party ‘brought suit against his assautier, leaac Ste: to recover $5,000 dumages, The trial of this cause was commenced be- Jore Judge Barrett anda jury in Supreme Court, Cir- curt, yesterday. Tho answer of the defending party Je, 10 substance, a general denial of the assault; in other words, that thougb the plainuiff had beon — irom the store, Do more force had been used in @ act than was necessary for that purpose, and that She cause of bis removal was his baving become vio- Tent in u Ht on trial and will Probably occupy THE CUSHING DIVORCE OASE. In the old and now almost threadbare divorce suit of Cushing vs, Cushing (busband against wite tion was made before Judge Gilbert, in Supreme Court, Chambers, yesterday, for av additional allowance to bo made to the wile to enable her to defend the action, ‘The motion was opposed on tho ground that $300 had already been paid in this direction; that the husband bad more than he could do to meet the expenses of their two children, whom he was supporting; that the wife’s conduct was such as to disentitie ber to apy further allowance in tho case, and, irom abd laced made to tho plaintiff, the iuference had yeoh drawn by bim that her counsel was more inter- ested in the money part of the case than was she. ‘This was indignantly denied by counsel for the wife—su in- dignantly that Judge Gilbert was compelled to rea the warmtn of bis oral denial and ask bim to put io the form of an affidavit, 7! Kk the paperr, reserving decision, but intimating re a pst her by her hus- wite was entitled to some pec suit ol this character, brougti band, irrespective of what might be the probable re- Bult of that suit, SUMMARY OF LAW CASES, A number of causes, about seventy-six in all, which bave been for some time past pending in the Cvart of Common Plea: net the city, were discontinued yes Serday. The suits had been brougnt for the purpose of Vacating assoxsments, Lewis Fox, convicted of fraudulent bankruptcy and ‘who bad been out on bail on a bond for $10,000 pend- ing sentence, was yesterday rearrested, and again se- cured his freedom by giving bail tn $15,000, Mux Runkle alleges that he was beaten and braised by Heory Hassinuer, and sustaiued injuries thereby to the extent of $2,000 To recover this sum be asks leave to commenc tin toe Supreme Court asa pauper, and had hts application to that eifect presented ww the Cour. Yesterday Judge Gilbert, in Supreme Court, Chambers, granted the application, directing that Runklo be perinitted to bring suit without costs aud assigning Mr. George Hussey to conduct the pro- ceedings. Henry King sued Ellis N. Crow to recover the pos- session of a at $160, The pimintift claimed the possession und chattel mortgage trom his sou. ‘The case cume to before Judge Aider and a jury in the Marine Conny eruay, Mr H. Corneil appearing for the pini and A. H. Ri for the deiendant, When the ence for the pi i was ull im, counsel for the deiendunt moved fora nonsut because no demand had been made tor the properiy and because plainutf was not entitled to its possession, be not baving proven wny proceedings under the mort- gage to oblala possession, Ihe Court denied the mo- hon, but aliowed the plaintiff! to save bimseif from teat by withdrawing @ juror and discontinuing the uit between Mary Jano Vaughan and her » Patrick H. Hanion, against Joho Hayes, a already noticed tu ibe Henan, Judge Gilvert yesterday, upon motion of Thomus L, Feitner, pluin- fl’ atiorney, appointed a receiver for tne property in Iitigation, being three houses ov Seventy-cighth street and Second avenue, and one house und lot va Seventy- third street and Second avenue, The affidavits of a potury pubic, a clergyman and a physician, with sev eral others, sot up that the father of the plaintll, one Thomas Vaughan, was in an unconscious condition and utterly incapable of knowing whut he was uoing for about u week previous to his death, he having died the next day alter the sizningy of the deed, which con- veys all his estate to the deteudant, Joho rte which deed is the basis of Huigation, The plaintif! moved to ave the same set aside as {rauduient and void, DECISIONS. SUPBEME COURT—CHAMBERS, By Judge Gilbert, Bernheimor ve, Willis.—Motion denied, with $10 costs, Lorillard vs, Clyde, —Taxation affirmed, Howes vs, Stentov.<-Motion granted on paymont ot $10 cosis, Judgment and other hens tu stand as security. Vaughan, &,, va. Hayes, —Motions granted, with $10 costs, Order to bo resettled, Jones vs, Muller,—Delendant must appear and ai wer interrogatories, Maon vs, Willvaghby; Fuch vs. Fuch.—Granted, Couover va. Lioyd.--Motion denied, Memorandum, SUPREME COURT—SPECI\L TERM, By Jurige Donobue. Smith vs. Schulting,—Demurrer sustained, Opinion, Callaghan vs. The Mayor, &c.—Judgment for piain- UM, with liberty to defendant to awena. SUPERIOR COURT—SPECIAL TERM, By Chiet Justice Curtis. Snow vs, Scott.—Preliminary injunction vacated, With costs to ubide evont. Memorandum, By Judge Saniord, Starges vs. Foran et al; Sumo va MoeManus— Orders dismissing complaints ag to delendants Foran » sod Modanas. » . Balen vs. Cook; Sanderson vs. American National Lilo lusurance Company, —Ordored on day calendar for Monday, June Li, 187 ‘Yaylor vs Fay ot ah Miler v8 Betts et al, put costs, Smith etal, ve Frost,—Remittitur flied; judgmont afirmed, smith v8, Brenateo—Order appointing Wyllys Hodges receiver, &c. Smith et al vs, Frost.—Order tor paymont of moncy dn deposit im the United states Trust Company. Muier vs. Duryee eb Order appomuny Caaries §. Mover receiver, &e SUPREME COURT—CIRCUIT—PaRT 1, By Judge Donohue. Hay vs. Koch. —Ali the exceptious allowed, COMMON PLEAS—SPECIAL TERM, By Judge Van Hoosen, Jones v# Darling; Wakeman vs. Rabenstoin; Petor fs, Betz; Lavender vs Engethart; Kaickervocker va, fho Mayor; King vs. Disbrowe,—Orders granted, Mei ve. Herzberg —Motion for u new trial donied, Order reviving action. Order denying motion, with- NEW YORK HERALD, FRIDAY, ‘JUNE 8, 1877.—TRIPLE SHEET. Woodward vs. Taylor.—Reference orderea, Hueji vs. Providence and New York Steamship Com- Dany.—-Application ed, Zimmons vs. Murray.—Commission ordered. MABINE COUBT—CHAMBERS, By Judge Goepp. Peters vs. Dunn and avother.—Motion dented, un- Joes within ten alter service of this ord fend aot will pay plaintiff $10 costs of motion and tile a bond in douvie the amount of the claim in the action, With wo suilicient sureties, to be approved if acceded to by @ justice of this Court un justification con- ditioned to pay the plaintif! avy suin he may recover herein, in which case motion granted. Tompking vs. Ward.—Motion to dismiss com- Plant granted, with costs. Bowers vs, Davis; Fox va Fiorentine —Motions granted. Grozan va. MeAvoy,—Motion to compel defendant 60 receive Sys Jasper vs. Iryon,—Motion to direct detendant to appear for oxamination granted, Gilbert vs, Kegan Brothers. —Stay granted, Allen vs, Hinkley.—-Proceediugs disuissed. Gillet vs, De a Mare,--Urder directing defendant to flie answer. Ani va, Wilson; Audres vs. Toone; Thrall ve. The Church Union Sustioniag Company ; Svook vs, Byrne; Hnmpnrey vs, Marie; ach vs. Lowenstein; Pearce vs. Myerson; Appleget va. Mackin; Rubin va The Brewers and Maitssers’ Insurance Company; Case vs. Hafler; Wylio va, Gibbs. —Orders granted, Sed, Pulsitz va. Bugelhard,—Motion granted, Rouloff va, Cavalier.—Judgmont for piaintift, GENERAL SEdSSIONS—PART IL Betore Judgo Sutherland, OVERHAULED AT Last. Asickly looking young man named Froderick Levy was arraiyned at (he bar yesterday by Assistant Dis- trict Attorney Rollins, charged under the following circumsiances:—in the month of November, 1876, he enguged aroom and board, for which he paid $5a week in advance, at the house of Bridget White, cor+ ot Baxter Grand streets, ln the absence of he ransacked Ler bedroom and made off & diamond ring a M Jewelry, in ail valued at $244, t would appear thut the complainant was not the only one who bud been made bis victim, for on the trial yesterday several witnesses gave testimony as to his Sropnen ne for carrying off what did not belong to im, The prisoner denied bis guilt, but the cross-ex- amination by District Attorney Kouins dissipated ail ideua on that score, Mr. William F. Howe made a pathetic addrees on behalf of the prisoner, who, how- ever, Was found guilty and romanded for sentence, ALLLGED SEDUCTION, Mr. William F. Kintzing movod yesterday that Ed- ward Faulkin liquor dealer trom Brooklyn, who is charged with seduction, be admitted to bul Judge Sutherland granted the application and fixed the bail ab $2,000. PLEAS AND SENTENCES, The following prisoners pleaded guilty and were thus disposed of:—A returned convict by the namo of Peter Donnelly on the afterpoon of May 27 burgiariously en- tered sho dwelling of Sarah A. Dowling, at No, 671 Eleventh avenue, and stolo wearing apparel and jow- ba! Of the valde of $50, Stato rison Bve years, ichacl Doherty, Andrew Honugan aod Jeremiah Hoyan, tor leds ¢ entering the liquor store of Daag: lun, at No, 357 Pourl street, on the night ol June 2 and 400 cigars aud two bottles of brandy, Were sentenced to two onda ball years’ imprisonment, Jobo Richards, breaking tuto the rooms of Thomas Cliford, at No, 120 Midridge strect,on May 29, and steuling male aod female wearing appare! of the value of $50. State Prison two years und six months. GENERAL SESSIONS—PART IL Before Judge Giluersiceve, TOO MUCH BHINE WINE, On tho 2ist of May last the cellar ot Petor Mott, who is the proprietor of a lager beer garden at Erghtioth street und avenue A, was broken into, the burglars carrying off two dozen bottles of Rhine wine and akeg of gum. The following morning, whilo Officer Loring was on patrol, he heard a sound of reveiry in a vacant lot near Kightieth street, and, on proceeding to ascer- tain the cause, saw @ number of boys with bottiecs in their hangs baving a good time generally, At bi proach they all decamped, but os urbing late; found the prisoners lying on tho ground both ina state of intoxication. They tailed to givo a sutisiuc- tory account of themseives and were bi ry having meanwhile been discov were placed on trial yesterday by Assi Attorney Lyon, The jury found the:n guilty of petit Jarceny, and they were seat to tho Penitentiary each Jor the term of #1x monthe, PLEAS AND SENTENCES, James Falak, who snatched a box of neckties from a lad named Maurice Giutzing, a8 he was walking along Grand sti om the Sth of May last, pleaded guilty to the charge preterred against bim, and was seat to the Stute Prison lor two yeurs. Joseph Harrington, of No. 247 avenue B, was ar- Taigued at the bar charged with felonious assault. On the Jlst ofMay he attacked Aon Saliivan with a dish- an audakuile, sutlictiag upon her severe injuries. The prisoner, who said he ‘was druvk at the ume, pleaded guiliy, Two yoars and six months in the State Prison, - COURT CALENDARS—THIS DAY. Supreme Court—Cuawrers—Held by Judgo Gil- Ddort.—Nos. 25, 90, 106, 123, 159, 167, 163, 179, 208, 240, 268, 260, 278, 281, 287, 290, 298, 297, 200. Surxkmx Count—Gaxenay Texm.—Adjourned until July 6, 1877, Supreme Cocrt—Spacia Txam—Held by Judge Don. ohue,—Domurrers—Nox 3, 6, 10, 20, 22 Law and faci—Nos, 491, 523, 405, 463, 471, 105, 206, 184, 398, 41 228, 180, 420, 427, 423, 16d, 85, 447, 492, 493, 494, 405, 601, 503, 505, 608, 609, 510, 616, 619, 520, 528, 626, 628) 529, 531, 583, 534, 536, 539, 541,'191,' 298, Surkxwe Court—Cincuir—Part 1—Held by Judge Barrett —Sbort causes—Nos. 4537, 3197, 4551, 4401, 4276, 8209, 2855, 5027, 4851, 4939, 4969, 4499, 4509, 5051, 4602, 4103, 4961, 4065, 4200, —Held by —short causes—Nos, 4763, 2163, 3962, , 4802, 4948, 5068, 4900. 5096, 5070, 5008, 6072, bus2, 5058, 5034, 4924, 4272, 5052, 4842 Part s—Held by Judge Van Brant—Short cuuses—Nos 4949, 4294, 6003, 5051, 4615, 4433, 4395, 5055, 4935, 4953, 5041, 5u99, 5101, 4937, 6057, 5071, 5059, 3859, 5085, Supsgiok Covnt—GexenaL Tarm—Adjourned until Monday, June 18. Surerion Court—Srxoia, Term—Held by Judge Sautord, —Nos. 67, 14, 46, 11, 21, 53, 61, 68, 76, 79, 50, Demurrer—No. 7, 04 of indt—Nox. 10, 72, 75. Surkrion Court—Iniau Ierm—Part 1—Hela by; Judge Sedgwick. —Nos, 811, 672, 116044, 930, 1291, 1214, 671, 1107, 766, 683, 244, 1011, 1029, 1060, 586, 1343, 122, 1238, 414, 1 Part 2—Held by 422, 513, 552, 554, 541, 835, 679, 905, 908, 996, 920, 115: 1144, 1145, 1194, 568, Lryen 757, 172, 1201, 1206, 1206, 1207, 1208, 1209, 822, 1212, 1244, 1216, 1216, 1217, 1218, 1219, 1220, Part 3—Held by Juage Speir,—Case on, No, 611, No day calendar, Common PLkas—GeNeRAL TERM—Adjourned until Monday, Juno 18 Common PL¥as—Spxcia Teem.—Held by Judge Van Hoesen,-—No day caiendur, Commox PL¥as—TRIAL TEI Robinson,—Nos 727, 1635, 362 270, 1135, 627, Part’2—Hola By Judge Daly. —Nos 143, 1127, 229, 1285, 1288, Part Hold by Juago J, Fy, Daly, —Nos, 1766, 1274, 1077, 1102, Manink Couxt—TRiAL Thrm—Part 1—Held by Judge Alker—Short causes—Nos, 9875, 9434, 9504, 8251, 9412, 9012, 9587, 9621, 9763, 9610, 9556, 9606, 9049, 9657, 9604, 9310, $152, S637, 9588, 8704, 9o2d, 9662, 9475, 8457, 9683, 9656 0489, 9.07, 9712 Party Held by Judge Sheridan. --Nos, 9506, 9464, 9614, 9: 9600, 0642, 8062, 0487, 9670, 936%, 9533, 9568, 9646, 9613, 9497, 9570, 9631, ' 2505, ), 8743, 9603, 9161, 9558, 8469, 9681, 8009, 9028, 7518, 9566, 9711. Part 3—Held by Judge Sinnout,—Short causes-—Noe, 9398, 8059, 9471, 8628, 9602, 9562, S318, 9557, 9605, 9680, 9648, 6385, 0622, 9122, 9240, 4803, OOLL, $120, 7938, 9515, 7186, 9665, 9626, 9480, 9481, COURT OF GENERAL Susstons—Vart I—Held by Jud, Gildersieeve,-— ihe People vs Patrick Hattick, robbery ; Samo vs. Michael Tully, burgla Rowell, burglary; Same vs. Michael Maboney, feioni- ux assault and battery; ¢ v8. Thomas McDonald, feionious assault and battery; Same vs, John Gerrity, felonious assaait and battery; Samo vs, Thomas Quind, felonious assault and buttery; same vs, Law. rence Kelly and Joho Fiauigan, grand Jarceny; Samo vs. Kmma Jones and Mary Larkin, grand larceny; Same ve. Frank Kenry aud Bernard Reed, grand lat cony ; Same va, June Crane, grand larceny. Part Held by Judge Sutherland.—The People va Philip J. Dunn, robbery; same va. Henry Hali, forgery ; Churies H. Mosel, forgery; Same ‘ys. Patrick Ha- ga id larceny; Same va. Thomas Murphy, grand larceny; Same va Joon L, Thompson, tolomious a sault hod battery; Same vs, David Foley, telunious Assault and battery ; Same vs. — Brederick, robbery. SON AGAINST MOTHER. The suit brought by Peter M. Fieckser against bis mother, Elizabeth Fleckser, the particulars of which have been published in the Henatp, was tried yester- day in the Brookiyo City Court, Chambers, before Judge McCue, The action 1s brought to set aside a aeced of conveyance of real estate, amounting in vaiue Judge Curtis. (—Part 1—Held by Judge 1251, 381, 766, 477, 1945, to $40,000, which was made by the plaintiff to the father defendant September 9, The o Pever, who was a tobacconist, &, last year, and leit bis proper plainvif As the latter wa mother, for tho conse: sum of money, persuaded Peter to give her a deed of Wwe entire estate coming to him under the provisions of the will of bis father, But the son claims that bo reformed = hig habits) soon alter making = the transier of the property, and that be mar. ried an excellent young jady. Ho resided in ope of the houses which had been left hin, and a few months ago hoe was ordered to vacate t by his mother, This act caused bim to ue- irom ner # rovurn of the aed which be bart given her, but the request was not complied with, and of a merely nominal hence the prosent suit, Several witnesses wore ox- amined, and the cae was adjourned till this forenoon, VERDICL AGAINST A SHERIFF, A verdict of $2,484 was rendered against sheriff Dag- got, of Kings county, in the City Court belore Judge Neiison yesterday, in favor of Hattie Carri, who sued tor $2,400 due ber by her absconding guardian, Jacob P. Carri, Carri bad been ordered by the Surrogate to pay his ward $4,800. He patd but hall thet amount, and Was ufresied op au atlachment wad sent to jail j Same ve Ernest | He was sxonenteniey admitted to bail, ard absconded from the State, Suit was then commenced against the Sherif! with the result ses forth. COURT OF APPEALS. Auvany, June 7, 1877, Tn Court of Appeals, Thursday, June 7, 1877:— No. 59 The People vs, Lord.—Argument resumed and conciuded, No. 43. Markley vs. Brewstor.—Argued by W. C. Adthony tor appeliant, G. Hull for responde: No. 46, Curry vs. Powers (two eases). —, ed by J. A. Stull for appeliant, J. B. Perkins for respondent, Proclamation made and Court adjourned. CALENDAR, The day calendar of the Court of Appeals tor Friday, June 8, 1877, 18 as toilows:—Nos, 40, 42, 56, 58, 66, 67, 7, 68, UNITED STATES SUPREME COURT. DECISIONS, Wasuixarox, June 7, 1877, Tho following decisions have been rendered in the Supreme Court of the United states: SALE OP PROPERTY BY LEGAL PROCRSS—nY WaaT LAW CONTROLLED—BRORET LIENS, No. 157. Robert G. Hervey and Pa nd Decatur Railroad Company, plaintiffs in error, vs. The Rhode Talund Locowotive Works, in error to of the United States for the Southe: nois.—It was decided by this Court, in Green vs, Van Buskirk (6 Wallace, 307, 7 Wallace, 139), that the ha- bility of property to be sold under legal irom the courts of be determined by the juriedicuion where tue owner cisions rest on the ground has the right’ to regula property within its limits, hon conceraing its transfor in force there, different rule of jer prevails in the where he resides, has no absolute right to huve transfer of property, lawful in that jurisdiction, respected in the courts of the State where it is located, and itis eply on a principle of comity that it is allowed, But this er Proporty to sell it, either absolutely or conditionally, and still contiuue in jon of it As possession is one of the strongest evidences of title to this class of property it 18 not allowable to separate the possession from the tile except in tho manner pointed out by statute, To suffor reat ownership to be in one ju and the ostensible ownership in another, without notice to the world, courts Ot Aliinois say, give a false credit to e jatter, and in this way works an injury to third per- sons, Accordingly the Owner of personal property creating an interest in another, to whom it is deliv- ered, if desirous of proserving a lien on it, mast com- ply with the requirements of the Chatte!l Mortgago rt (R. 8, Illinois, 1874, chap. 95, pp. 711-12) This act requires that the instrument ot conveyance, if it have the effoct to preserve a mortgage or lion on the Property. must be recorded, whetuer the party to it be w resident or non-resident of tho State. If tuls be not done there 18 no validity to the instrument U third persons are concernod, Secret |: the vender of personal (ht aenhed who hi delivered possession o| th owner until the payment ot the purchase money, oan- hot be maintained in Thm They are held to bo constructively iraudulent us to creditors, aod the Property, so far as their rights are concerned, is oun. sidered as belonging to the purchaser holding the pos- session, (McCormick vs. Madden, 87 Iilinols, 870; aperem va. Watson, 24 Iilinols, 591.) Nor 18 the transaction changed by the agreement assuming the form of a lease, Courts will always look to tho purpose to be attained by the coutract her than the Dame given to it by the partios, in order to determine its real character, If that pur; be to give the ven- der a lien on the property until payment tn full of the purchase money it is Hable to be di of the purchaser who is in poss Murch va Wright (46 purchaser took trom the selier a piano at the Price of $700. He paid $50 down, which was called rent for the first month, and was to pay $50 each month as ront until the whole amount was paid, when he was to own the piano, The Court say “that it was a mere eudteriuge to call this transaction a lease,” and heid that it aconditional salo, with tho right of recis- sion on the part of the vender, in case tho purchaser should fail 1m payment of his instalments; a oon- tract legal and valid as between the parties, but made with the risk on the part of the vender of losing his tien, in case the property should be levied upon by the creditors of the purchaser while in possession of tho latrer. the bur ig like thia in ail o: tal particulara, The engine Smyser is the oaly subject ol controversy in this suit, and that was sold on coudi+ Von that each and all of the instalments should bo regularly paid, with a right of rescission owthe part of Ube vender in caso of default in any of the specitied ayments. The locomotive company took the risk of joatng their lien in case the property should be levied on by tne creditors of Conant & Co, while in the por session of the latter, and they cannot complain, as the laws of the 3 pointed out the to preserve and perfect it, Reversed as to the engine Smyser id ailirmed as to the other. Mr. Justice Davis delivered tbe opinion, OFFION RESIGNATION VACANCY, 406, Chester Budger, Charles &. Ives ot al, consti- tutrng the Board of Auditors of the town of Amboy, Plaintiffs ja error, va The United States ex rel. Mutthew Bolles aud M, Shepard Bolles—Io error to the Cirouit Court of the United States ior the Northern district of Liltaots, tition for a mandamus against Badger and lvcs and othe: supervisor, town ‘kK and justices of the town o! Amboy alleging the recovery of two judgments by t that town; that the supervisor, town Justices of the peaco constituted a rs, Whose duty it Was to audit and ox- amiue town accounts; that a sworn statement of the judgments was presented to the Board, bus they re- fused to audit the same; that three of the persons Damed pretended to resign their offices, and would not Periorm the duties of the same, but that no other Persons have been appoi‘od or elected to succeed them; that the others re(tsed to act or to associate with them the coliector and that by reason bt of the acts of the parties the peti been unable to have taxes collected for the iF debt; that no provision hed b¢ ‘ment, and they pray that a mandamus may be awarded to compel the auditing of their judgments, The defendants admit the resignation stated, and allogo that they were ac- cepted by the justices of the town, and that notice therecf was given to the town clerk, who made a minute of the sume upon the records of the town, whereby, as they insist, they ceased to be officers of the town, The answer contains mach other matter to which it 1s not necessury to re: None of it, in our Judgment, requires consideration except that part Which raises the point of the legality of the resignation of the parties named, It those persons bad ceased to be oflicera of the town when the mandamus issued there may be diflicuity in matntaiuing the order award. ing @ peremptory mandamus against them. If they were then such officers tho case presents no difficulty, The alleged resignations of the supervisor and town clerk were accepted by tho Justices of the town, but thvir successors had bot beeu qualified, nor, indeed, had they been chosen when the petition filed, Asto & supervisor, town clerk or justice of the Stace of Lihnow does he cease to be an of bis resignation is tendered to and accepted by a justice of the peuce, or does be continue in office uatil his successor is cuoeen 1d qualifiedy By the common Jaw as well as by the atuies of the United States, when the term of office to which one is elected or appointed expires bis power to perform its dutics ceases, (People va, Tilman, 1b Abb. P. R,. 859; Barb., 193.) This in the general rule. The term of office of the District Attorney of tho United States for a particular State is fixed by statute atfour years. When this tour years comes round bis right of power to periorm the duties of olfice is at an end, as completely as if be ne the ofce, (Rev. Stat, U. ec. sho 9 A jadge of the Court of Appeals of the Stats New Yor of the Supreme Courtis elected tor a term of tourteca ‘ears and takes his seat on the lst day of January fol- lowing bis election, When the tourteonth January therealter 1@ reached he ceases to be a judicial oficor and can perform no one duty pertaining to tho office, Whether a successor has been elected or whether ho has qualitied dows pot enter into the question, As to certain town officers the rule is diferent, (1 K 8. N, ¥., 340, sec, 30.) The system ot the State ot Ilnow seems to be organized gpon a different Thus the Supreme Court consists of sevon who are required to possees certaty qualifications 1 age and of residence, aud who are eleciod for the term of nine years—(Code of Lilinois, 1874, pp. 69, 70)—at which timo it 18 provided thatthe “term of office shall expite,’’ Cireuit judges in like manner aro elected for a term of six years and county judges and others tor four years, wil to bold uatil theif successors. shall be qualified, The aecisivn im that where officers holding under such laws attempt to resign they mast Fesign de jure as well as do facto, und that wh are called upon tion and betore must ach There is no vacancy in such a cai Afiirmed, Mr, Justice Hunt aelivered the opinion. VORFRITURE BVIDKNCR, No, 147. One hundred aud ninety-nine barrels of whiskey, Coarles Andre, claimant, appellant, va, The United Staces—Appeal irom the Circurt Court of the United states jor the Kastern District of Texas,— ‘This Was « bet against 199 barrets of distiled spirita seized at Galveston, Texas, March 18, 1907, as furiened to tho United States, The causes of forteiture alleged iL That the spirits, boing subject to the a of internal revenue tux, Were removed otherwise than into a bonded warchouse without the payment of the tex, 2. That no Jawlul or genuine inspector's brand Was ever put upon them, and thoy were removed for sale in fraud of the law and with jutent to evado tue payment of the taxes (hereon chargeable by law, and were fraudulently and illegally marked and branded, & That suid barrels of distilied spirits, when lound and seized by the Collector of Internal Revenu never been inspected, gauged, proved or murked, as required by law, aud wore truudulentiy and illegaily marked and branded, To this libe! a olaim and answer were filed by Chari jont of Matamor Mex: in whien he aileged that alt the roqptren of the laws of the United States relating to the spirits had been complied with previous to the seizure; that they had been duly proved and marked, gauged and inspected, and the barrels proverly branded by the lawiul oflicers of the United States, duly appointed jor that purpose, and that ail taxes required by jaw “had boen paid thereon, He also stated — thi ho purchased = the spirits in AL Matamoros, Mexico, in the regular betweon the Ist und 12th February, ng boen delivered to him in United States collector of du. lies sor the district Of Brazos de Santiago tor permis. sion Lo import thom in the packages as purchased, Which permission Was grauted; that he accoraimgly transported them from Matameros to Brownsville, entered them at the Custom House ot that district aud, by bond, seoured the duties thereon according to law, ahd that he secured from the proper officers of Custoin House tho usual certificate given in such oa und sent the spirits forward to Indiat ad Galveston for a marke The evidence producea by she rk or a justico | shows that he the = epirits at the Custom House importation en ol the growth, production and manufacture of tu United States, exported on dof certain vi pamed, from New York a Orleans, upon which ho drawback, bounty iowance had been allowed, and reimported from Matamoros, Mexico, free; that he exeouted a bond to the United States for the sum $73,000, with approved sureties, “conditioned th: broper certificates to show that the articles were m:a- utagtured in tho United States and all taxes paid thereon, would be produced within six months there- gfiet or that he would pay the customary Custom louse duties required upon such beeo imported to the uiacture;” that thereupon th Gatetiees lastod and the epiri ‘tation to Ipdmnola ra: id Galveston. Tne evidence offered in support of the del show: it A they were ship; from New Orieans to Matamoros June 20, 1866, on the British schoonor Village Belle, and alter being duly eutered at the Custom House at Matamoros were landed at that port. The Dictrict At- of the United States then offered in evidence sworn examined copies of the original entry of spirits by Andre at tho Brownsville Custom Hous to- her with sworn and examined copics of the bond ven by Andre, and also of the certificates of the col- of the ports of York Orleans, upon which the bond celled, and proved that the originals entry, bond and certificates we: no fi Custoln House in Brownsville, more than a hundred miles distant trom Galveston. To the introduction of such ies Andre objected, but they were udmitted. ‘Th jcates showed shipments from New York to ros, With no record of drawbacks, The in- marks were, inany of thom, #0 defaced as to bo ilfegivie. The decision below was that there should be aforfeiture, and the aecree is bere aflirmed, the Court fiuding the evidence sufficient and properly ad- mitted, The Chief Justice delivered the opinion, WKCTMBNT BXCKPTION—DUTY OF THK COURT, No. 60 Thomas Beaver, piaintif io error, va 8. Staats Taylor and Miles A, Gilbert—In error to the Cu cuit Court of the United States for the Soutbern Dis- Srict af Miinols. —This action was for an ejectment to Feoover an undivided interest in certain Javds situate in Cairo, Il, The defence was actual possession der elaim and coior of ttle for seven successive years and payment during that period of all taxes legally assessed upon the premises claimed, (Rev. Stat of lil, 1874, p. 674) Evidence wus given sustaining tho defenco, gud @ Verdict by the jury was rendered ip favor of the delon Before the case was submitted to the jory plainti requested the Court tw charge set forth by him in t several propositions The Court declined to charge ax requested, but charged in its own languag upon tho case as presented % the evidence. The plaintill excepted to the refusal eftho Court and excepted also ‘to so much of the charge of the Court as given as w dict with and variant {rom the several propusi * presented by him, It ts upon this presentation of the case that this Coart ts uskeu to reverse the judgment entered upon the verdict. 1. Tho entire serivs of propositions was Presented as one request, and if any one proposit ‘Was unsound an exception to a relusal to charge the series cannot be maintainea. (11 N.Y. R., 416, 6 1b., 283; 7 10, 236.) All of the propositions presented wero Nob sound; notably the filth request could not be com- plied with, 2 It the entire cha of the Court 1 pied 10, of a vories of propositions contained in it {8 excepted to to gross, und any portion thus ex- ceptod to 18 sound, the exception cannot bo sustained. (Rogers ve, The Marshal, 1 Wall, 644; Harvey vs. Ty- lor, 2 ib,, 328; 5 Denio, 213; Jones vs. Osgood, 2 Seldon, 238; Ualdwoll'va. Murphy, 11N. Y. R., 416; Waish ve. Kelly, 40 1b., 556.) The charge bofore us was con- fessedly sound in the most of its pointa. 3 An exce! ton to Buch are varinut trom tho Fy niing Out the vari- ined, (40 N, Y¥., 656; 401b., 129; 47 he duty of a judge at the Circuit pellate court to analyze and wad the charge to discover what are the portions thus excepted 10, Une object of an exception 18 to call the attention of the Circuit Judge to u se point as to which it is supposed he has e that he may then and there consider it and give new nnd different instructions to the jury, if in bis judgment it should be Die aap todos (Ayrault va. ‘ne Pacitic board, 47 U. 676.) An exception in the form we entirely defeats that ob- j2ct, For tl the bill of fails to present any point that we can consider. are also of tho opinion, upon an examination of the record, that the case was we! ‘and that the plainuf has no ju Affirmed. Mr. Justivo Hunt a REAL ESTATE, and New was can- of the ‘Susi It 18 not or of an rored the opinion, The mont exciting feature of the real estate market yesterday was tho sale in partition of a large number of lote belonging to the estate of tho lato Ernest Key- eer, Many of the heirs were present, as woil as well- known roal estate brokers, and the sale lasted two hours. The prices realizod were very low, considering that the property isin ono of the best neighborhoods overlooking the East River and convenient to cars and Harlem River steamboats, Twenty-one of the forty- eight lots offered wore withdrawn for want of bidders, T. BOY: clonure saie—John KE. Kisley, Supreme Coffft fo: reteroe—of the two houses, with lot 25x100, Nos, 86 and 88 Shoriff st Stanton at other &, between Rivington und Wer for $4,675, the tor 610,060, #.. one $0 Uontnd 3.0. Snyder, pl BY & Court foreclvsure ‘of tke building, 18,675 sulo—b. M, Morehoune, with jot 27.11x118.9x 94.3, No. 575 Grand at. ss, near Medios 400 at., extending through to No. . Livingston, BY A.M. D A public auction xale of the three story brick house, with lot 16,4292, No. 443 Went 18th st., n. 6, tween Oth and 10th avs., to W. Ingersoll - 4.450 BY BLACKWELL AND RIKKR, Partition sale of the following property for the heirs of Earnest Ke} Tro love, 100: Patrisk Bages Monroe st. 9,500 ai, $3. .600 each Two lots, 0, ¢, cornor Ist 7 wane 2,940 Throo lows on with 86, 1 vard, euch 25x 102.: 7,230 Efe hie ih 102K25, & ediately w. of above ts, excl x25, imun le yo" J. Romaln Brown, ‘ 7,200 Three lots, sume size, immediately w. ot above, to J. Komain Brown...» w. of Ob ay. wite to 0. of th a p! 875 It. dwell and 400 ft. w, to saine 1th st., ny Lite dud wife to George 4, 219.7 It. 6. of 2d wy, (No. 6a); Hehird ii) Gurtier ‘and’ wiie e Ist ts. . Riedemann to 3 5 S w. corner of Heury st., 50x A. jel snd NieWwen 10,000 Vermilyeu uv. ®. of Dy . 200, George N. Hopper to ti. Me i Nom. th ® of Clark H. F, Wieder Nom. Tih st. to Thomas Stills +» Nom, Bz fv. n. of 89th #t., WALID; 6. Jalfeey nd wile ‘to M, Dononos .. 8.250 Lot av.. 6. 8, OUT, & Ros a wite to Jam 15,000 Nom. ath we, aL 2x 3b A. Belimost... nm A, 25K 100 Brash, Sylvester, to Seamen's ver Of Grand aid Bowery; Lyear. Hoffinan, bina B. and hw Milior,'& moi 22d Ht, w. Forsch, John wad wile, to Jue Toth av. Kot Me Allister, W. ioe A, La & years * A. Canidweli, s ot SHUN st we ky AL ath av. : 3 yours. Parley, Patrick and wile, to F. McGabo, 4. 4. of ist St, 6. of diy vss 4 Youre st, 0, of dd av. 4 yours same, M, & Of GUEN st w. of 1th av.) Saime to CRSA WHE) | OOK a Saino to same, n. », of L4zd st. (hid ward); 5 yours. Kane, Michwe: and wife, to John Ryan, 1. & of 800 2d and Sel ave. |b years. wite, to linige of TOK ay. & of st, DeUwe i Franel Charies Donnelly, a one-armed veteran of the late war, drew his pension on Wednesday, amouating to $40, and Went to the foot of Christopher street to hiro Arowbout to ge to Hoboken, The wan to whom he Applied was John Drennan, He did not go in tho hoat, however, vocwuse he did not lke nan’s looks, Drennan foliowed him when ho left and pulled hum off acar and alter vea him about the bead and tnoo robbed him of his pension money, Drennan was com. Inittod in $2,000 Lali Lo auswer. at the | at grenade or other combustible fireworks of | ‘ation, within the city; and every person, very sich offenes, shall forieit and pay & | cewdiue $. i | Teshall not be lawful tor any person oF persons | | within the limit | 8 oF other rT 1h seetio, | wv ain f {4 very wMfonder aga.net a | | Hon shaki pay for each and $2. | | At abel met be lawial for any LOF pernons to manu | facture, wit) tie city, any cenckers, squibs, | Kets oF an stible iiteworks, andevery ol | agen wot this Kection shall tortent | nnd pay the sam of $20 for each and every offence. j THR SUGGRSTIONS OF A PYRUTRONNIST, A gentleman who is weil Known In connection with | the business of manufacturing Mreworks writes as fol- lows “L have read with approval the several articles in the it reierring to the manner In woich the com: ing Fourth of July shalt be celebrated, While @ is & Jaer that it the Views you suggest are carried out 1b will jargoly dotract from the proaits of practical pyro- 1 techeists and dentors sa Oroworks, 1 i aut less true FOURTH OF JULY PYROTECHNICS. THE GREAT LOSSES THAT HAVE OCCURRED— CAN THEY BE AVERTED?—THE ACTION OF THE BOARD OF UNDERWRITERS—STARTLING STATISTICS, It ts beginning to be understood by even the little folks that more than usually stringent regulations will be enforced on the Fourth of July with reference to the manner in which the day shall be colebrated, Th: discussion of the question of danger resulting from @ promiscuous use of fireworks by the insurance people; the presentation of such startling facts as that tbe loss by two conflagrations alone, traceable directly to firecrackers, amounts to upward of $15,000,000, and the earvest endeavor of the Hxxatp to impress on the public mina the importance of localiz ug within given bounds the pleasures of the day, bave directed unusual aitention to the faet that in tho carelessness which has attended the celobration of our national anniversary we have already paid dearly for the whistle, It 18 said to be @ not extravagant statement that every doijlar's worth of firecrackera imported occasions a direct luss by fire of more than $100. Yet @ singular fact in this connection ts that while last year was the centenary of American inde- Pendence the loss was jess than during muny of the Preceding anniversaries, A roporter of the HrnaLp, asking the reason for this result, was informed by one of the prominent members of the Board of Und writers that it was due to the precautions taken by ‘hat organization in suggest through its various agencies and ramifications that extraordinary ci should be observed by the authorities of the respective cities in protecting property and limiting to a reason- apie degree tho use of pyrotechnics It is from this cause that many cities and the towns of lesser impor- fance passed ordinances of a pronibitory character, while the police were more than ever put on the alert. FACTS WORTH REMEMHEKING, Notwithstanding these precautions, however, the loss by Chinese firecrackers on one day only of the year 1876 amounted to twenty-five per cent of the value of the total invoice of 1875. On 123 premises the loss was $73,204, duo to fireworks; on 119 Premises the joss was $48,127, duo to firecrackers, and on five promises the loss was $33,242, due to mere gun wads, making a grand total of $164,574 trom fireworks and firecrackers, Can arguments go beyond the elo- quence of these figures in demonstrating the necossity of some change, ome new method whereby youthiul patriotism shall not be at liberty to set anlaze tho Property of the people and endanger their lives? Returns from chief enginoers show a total loss of $240,979 in 850 citics and towns, and tho chiels of police report in 771 cities and towns thirty-four fatal casualtics and 545 accidents, serious and otherwise, The pumber of oities and towns that already recom- mend ordinances against fireworks is 667. Those which do not number 124, and those whicn suspend the ordinances on public days are forty-eight The number which have such ordinances is 25%, and those which have not 162, ACTION OF THE UNDERWRITERS, The Board of Fire Undorwritors bas already invoked the aid of Congross in this important matter, but as Congress can do nothing until the next session tt be- hvoves the authorities of our great cities to act inde- pendently of national action and for their own good, If immoral books or infected cattle are a nuisance surely the importation of firecrackers should come within the same category. Ii serpents, squibs, chasers, Roman candies and rockots can inflict injury by rea- son of the fact that they cannot be regulatea after their discharge, but fly about in any direction, are the; dangerous a8 an epidemic that could cause ti If crime showed tne same results; if 1 broke jovse in a similar mass; if men or @round with pistols in their bangs muti- Jating huadreds of people ip our cities and towns, would not every fuir minded citizen, covering tor the moment bis sense of patriotism with the mantle of Justice, demand that something should be done to avert aod cure the evil? And this is simply tho att tude of the HunaLo. The protection of life, person and property shoald be superior to all considerations of mere pleasure, INTRNDENT OF POLICR BAYS, ot Police says that the ordi- nance of the city on the subject is alroady eufficiently amplo, but that it cannot ve entorced unloss every father or guaraian of a boy unites with the police in the work of stopping tho miscellaneous use of the dun- gorous missiles, A dozen little ragamuilins wili seize days tn advance of the Fourth of July every stick and ewpty barrel on which they cau lay their hands, aud store them away to muke a patriotic bonfire, which, once fairly aglow, 1# kicked into a thousand shapes acd dangerous tregments. Chiidrea place guards to watch the coming “cop,” and alter setting off their pack of crackers or blueiig! will, dash, bs warest alley of doorway, where deiection is impus- sible by the surewdest of policemen, Mon and boys of the larger growih mount to bousetops and send up fire in every form trom that locality, aud u the Chiet, is it to be prevented Ho propos Struct the force, however, to excrcise unusual vigi- lunce tn the matter, and, doubtless, to a certaiy extent acheck will be pat on’ the ambitious aspiratious of Young America to make its anniversary nuise, ALDERMAN MORRIS, A conversation wus also had with Alderman Morris, who bad bo besitation in saying that be beloved, tur as Now York was concerued, certain suleguaras vuld surround the celebration of Lndepeodence Day. Since the discussion of the subject ip the HxnaLp be bad ken Occasion to examine statistics, aud had dis- vered that the dtu and 6th of July were days repicte with trouble, Tho doctors wiways found ample busi- oss in dressing small wounds, while firemen were usaully engaged in reckoning up their extraordinary runs, Ifthe matter was properly brougot to the at- tention of the Board ot Aldermen he stould be tore- most among the advocates of a measure that would secure lo the city ths quiet and safoy that ought to be observed in a great metropolis even on @ day ot re- Joicing, ALDERMAN KERNAN. Aldert Keenan was likewise oxoeedingly frank, | Saying that while ho could pot tor he was once a boy himsell, and desired to see all the little iellows enjoy themselves to the top of their beut, in view of the facts that vast interests Were at stake; that great | danger resulted from the use of tire by: the ehiluren that it was impossible for the police to oversee and di- Toot bhe Vast multitude enguged iu the celebration of the Fourth, and that a change was evidently coming over the public mind with retoreace to the manner in | which the day should be celebrated, be would, as a largo constituency, be — gina adopted some restrictive measures afford. | ing general protection. The mutter, however, had not Voen vtticmily brougus to the uitention of tho Board, | aud guul then he did not think that definite acon | would be takon, Several other Aldermon with whom tho reporter con- Versed used the thougits above expressed, and It Is evi- deut that it 18 only becessary that there shall ve com bined and ioflucntial action to secure a Fourth of July in the metropolis w the celebration will ve free frou the o0ise, annoyance and danger that huve so olten marked the day. FACTS AND FIGURES, ‘The results of an examiuation of the record ot casu- alties occurrimg on the Fourth of July for a number of years ure as loliowss— Year. Wounds, Fires, Wounds, Fires. . 18 =_ OL the former a lurge number ot Merers, tis wale to say, died | from their injuries suvsequeutly, Poltee records daring ten years show that 110 persons were acci- deutaily shot on the Fourth of July, 90 badly injured by fireworks aud 7 porsoos wero kulod outright, Ot ros caused by careless use of firecrackers there wero 180. How inany of tho burned and maimed victims of these accidents died of their wounds in bospital will | never be known, | THK BUAKD OF UNDERWRITERS AND THR MAYOR, | ‘That the subject ts already assuming definite shape | | Hong those WhO have at heart the wellare of We puo he wit be inferred trom the tact that the Mayor hag reoulved A communication from the Board of Under- writers pressing the recommendation of an ordinance that shai prouibit the use ol reworks on the Fourth under ponaity of $5, and of $2 ior the sale of tho | samme. The Fire Underwriters assert the use of fire- crackers and such clusses of (reworks as canuot be controled when disubarged—serpents, squibs and chasers—should be , and that the most stringon Kulating the sale aud use of fireworks of all Kinds should be made aod eniorced Im all cities and towns where indemuity against loss by fire is asked for by iecitixens, As such laws locai we beg to ask Your attention to the mater im your city, and such influence as you may deem advisable, looking toward (be propor resiriction of ther sale and uxe ou the coming national festival day, thereby preventing serious acuiden: perty. THK FROPUSKY OKUINANCR. The propored ordinanes 18 as LollowK:— I cust, throw or fire any xquib, rocket, j city of Washington w | officer to hold, Avonut | his wounded comrad that there are certain chasers, pistols and uvely dangerou: ought also to be imposed on any person who Chinese firecrackers, whieh | regard us even gerous lo property, because they leave a great of paper after bomg Gred that remains ignited ual the débris is consumed. 1 believe that the manufacturers of freworks will generally comelde te my views, and agree hereafter to remove these dan- serous articles irom their lista, During the present year, however, it would be a great bardsnip to manu- lacturers, jobbers and dealers who have large lots of g00ds on hand to be compelled to stop the sale of them On and betore the approaching Fourth of Juiy.”” The subjoined communication from @ citizen hap been received To tux Epirox or THe HeRaLp:— As one of the sub: ‘sof your paper for many years and o property owner, | would respectfully suge ost that the corporation of thisoity pass an ordinance loroidding the use of Grecrackers, squids, &c, une der the penalty of $6 for each and every offence, the flue to go to the police charity or retiring tuod This would keep the police on ths alert and cause thet to arresi the offenders, and also produce among them a rivalry to see who could inake the most arreatg and increase the fund A PR REY HOLDER. PENSIONERS, The pension agent inthis city bas within the past four days paid 3,900 peustoners, aggregating $110,000— the largest payment ever made, ‘There are but one or two relics of the Revolutionary war remaming ou tho payroils in this district, and the number of the veterans of 1812 1s diminishing rapidiy, Altogether there are some 8,000 pensioners 1m the district drawing all the way from $6 to $iu per quarter, OCTOGENARIAN LIST OF VETERANS, The tollowing is @ list of some of the peanioners whose ages are above eighty years William Tway, aged ecighty-two; No. 168 Wilson street, Brooklyn, Wounded with Genoral Scott, wha. was then Licutenant Uolonel, when he was capwured with our troops at Queenstown, in 1814. Served ie Canada, and wus once nearly axsassinated by an Lndiag chiel, When 4 British officer drow hiv sabre and smote the savage. This occurred at Fort Erie, When the ptured by the British he again voluotecred, Tway’e beaith ig etill very geod, He is strong and of robust frame. Ebenezer Loud, uped eighty-iwo, resides at No, 205 East Twenty-nioth street. Was with Lawreuce, ou the Chesapeake, and was wounded, R. C. Vreeland, ninety years, resides on Staton Island, Served in'the army. Frederick A. Burgeman, aged eighty-two, Served during the whole war in the State Feneipies, Joun Alien, aged eighty-seven years, John Allen, aged ninety-two years; resives at No 92 Hoster served at Sandy Mook. Viatt Adams, aged seven years, James R Thomas Blank, uged Jenks, aged seventy J x years. Major Ch K Yours; resides a No. 21 Samfulk ntered (he army ih 1809 Thomas Parker, aged eighty-seven yeurs; resides iu 124th street; sorved in New York aod on the islands in the harbor, Charles Oakly, nged eighty: nine years last April; re sides at No, 251 West Twenty-second street; served 18 the city and county; Was drafiod ‘after his second year’s service. Joha C. Bliss, aged eighty-two years; served bis fall time trow 1812 W. Tompkins, aged eighty-turee years; served trom 1812; Lad command of the powder house and magazine, Jacob Van Nostrand, aged eixbty-tive years to Ek the f street, N in a fort erec stie Garden, and ed by themsels it the foot of Mace dougal street, John W. Simson, aged ciguty-fve years; resides at No. 185 Delancey street, Joba D, Clute, aged eighty-four years; resides at No, 84 Park avenue, Kdward Hall, agoa cighty-oight years; re- sides at No, 202 West Thirty-fourth street. Ezra Mend, aged eighty-six years, and Jomes Spencer, aged eight, yours; reside on Statea Isiand, Isaac M. Phyle, aged eybtty-one years; resides No, 196 Broadway. David Lopes, aged eiguty-nine years ; resides at Englishtowa, N. J. Nicholas Van Name, aged eighty-two years; Joseph Gonge, age: ighty-twe years; Thomas Bloomer, aged eighty-two yeurs, More ris Duey, aged ninety-seven years, resiies at 125tb streot, Pewee Second and Thira avenues; married recently, Served iv the Pennsylvania Volunteers, Had both arms shot off close to the shoulder, Receives $150 per quarter, THURLOW WKED AXD JONN A. DIX. Major General John A. Dix and Tnurlow Weed rego. Jarly draw their pensions of $8 per month as privates she war of 1812, STOLEN RENTES. Messra, Rutten & Bonn, bankers, of this city, aro in Tecoipt of a telegram from Europe cautioning them against the purchase of certain stolen rentes, Toe amount stolen is 970,0001, The name of the firm from which the rentes were stolon is kept a secret, as the publication might affect its crea. THE FOUL PASSAIC, THE GREAT MORTALITY OF FISH STILL & MYSTERY. [From the Newark Rogister.] Tho dying fish are evidences of the toulness of the stream. It is not disputed that the wastes from factories and gas works, the sowago and refuse which flow directiy to the rivor, besides other filth thrown therein, make the water unpleasant to the taste and unhealthy to the system; but those causes do not operate in the streams which form the source of t! river, Abovo the factories, and beyond tho influence Of the tide, thousands of Mish are dead, and as they lie rotting, exposed to the heat ot yammer's ), with not aby persun admit aat the water whieb will flow down aitor the frosbet will be even more ime pure and unit for uscf Our correspondent toinks the cause of the death of so many nundreds of fsb to be an alkali generaied in tho grass and weeds, Above the Passaic Fails, und around Passate, Whip wny, Rockaway and Pompton the Osh are dying by Bundbeds ad floating down, There is discase in the water there, Pickerol and whiteish are lying doad alony the shore. There can be little doubt that the wator are compelled to drink and use tor oul At 1 not disputed that the clty should b supply from a better and purer source, but the loud voice of the economist is heard that the expense cannot be afforded. Whether ‘tis bovter or ‘novior in the mind” to suffer death, or whetuer in the loug run funcrals are cheaper than water mains, we leave to the lovers of tue Pansaic River water to explain. ST. LOUIS RUFFIANISM. A WIFE-BEATER'S DESPER'TE SHOOTING MATCE WITH AN OFFICER. [From the Globe-Democrat.} The trouble bad its origin in an oid propensity of Flaberty’s to beat his wifo, who resided im the locality named, Mrs. Flaherty had separated from her busvand for bis brutality, and was eadeavoring as best she knew how to escape bis attentio: Hs persecu- tious, however, were regularly apphed aod were known to ali who knew the family. He was formerly A member of the police force, and, it 18 alleged, was dismissed therefrom for this especial tailing, hat acquired the titie of “wife beater,” which the Gourd of Commissioners wou'd not permit an eloven o'clock lust night Fluherty’s abuse of bis wife atiracted the atten- lion OF a neighbor, who took it upon himself to pro- vide means [or stopping the uuisance, He succeeded in fading near at hand Officers Quigley aud KE, Maher, Who, alter being notified of the facts, proceed ul work Of supprossing Flahert; ion playfulness. Arriving at the house they we old thathe bad ar- rived himsell, and gone into the yard, Thither the officers went toge:ber, They foand Flanerty a th a dark corner, and did not perceive him watt withm a few loot of him, Maver, who was acquainted with him, addressed him by name, and said, “What docs all this mean?’ Tho response was quick aad anex- pectediy — pointed, Fiaberty raised a ptatol that he bad had in bis hand, udpercetvod, and saying, “I'll show you,” fired, the ball striking Quigley in the right side, between the seventh aad eighth ribs, and rendes i him, of course, Maher bad his revolver out tu an mstaut, away at Flaherty, fring a 's Bhot took , but to whatextent is not known, Flaherty was seen to totter, but, recovering himselt, made off while Maber was, uaiuraily enough, devoting bis atention vo It is tought by the Jor What reason in not state shot through the lett leg, A deapatch was the Chestuas street station at two o'clock this mori stating that Flaherty had been arrested and lodged the Fifth district station, NORTHWESTERN MURDERS, (From the 8an Francisco Chronicle, } Sxatrim, W. T., May 30, 1877, Henry 1, Sutton, a saloon keeper of ort Townsend, and Charles Howard, a pilot of the Straits of Fuca, be tween whom thore bad been a terribie enmity for some had some unpleasant words at Suttou’s doos lust Saturday evening, at the cose of which Sutton drew a revolver and slot Howard twice, ones through the body and once through the right arm, from the eflects of which Howard died the following evening. Sutton was desperate and spoke of killing others, and said thas he would shoot any man who attompted to arrest bit No ope made the atioinpt, and two boure alter the shooting be gov mwa boat, taking with him a Heary rifle, a Fbuigun, & revorver, « larse amount of coin aud omer things, and leit (be town, The troubie between the Was first caused by an (odian Women, afwrward by Suttou kicking Howard's dog saloon, outed ot be “Nigger Bob,’ a colored man at Tacoma, was shot by & Kabaks On Sunday oigit with a Heary tile, ang Instantly killed, The Kanaka wasted anti pine o’ clogs, when he ascertained the exact whereavouts ul Bob ib his hoase, when be fred at him from the outsiae through the boards, An old grudge between them wag the cause of the murder, The Kuwaka Was arrested ag once,