The New York Herald Newspaper, September 29, 1877, Page 8

THE COURTS. Important Decision by Judge Blatehford in a Steamboat Collision Case. LANGUAGE OF THE SEA. Assessors Restrained from Changing Their List of Awards. EMENTO OF COUNTY AUDITOR WATSON. | Some time since there was tried in tho United States District Court, before Judge Blatchford, suite brought by Martha J, Davis, administratrix of Oliver Davis and others, inst the steamship Eleonora, and by Sain- uucl Castner, Jr., and others, against the same defend. Apt, A docision in the case was given yesterday, and, Bs establishing & “language Of tbe sea,’ is specially {mportant to coasters and mariners, and until reversed will give a signification to alarm sounds on vessels which bave hitherto lacked authoritative meaning in these waters. Tho opinion is given below in full, and as tho facts of the case are fully recited by Judge Blatchford it 1@ unnecessary to recapitulate them, These libols are Med, the first of them by the own! of the schooner Transit, and tho second of them by the owners of her cargo, to recover for the damages caused by tho loss of the schooner and her cargo of coal, which touk place on the might of the 30th of August, 1875, sbortly before midnight, in consequence of a collision between the schooner and the steamship Eleanora, 1 Long Island sound, off Faulkner's Istand, during # dense fog, the schooner and ber oargo being sunk and totally lost, and the master of the schooner being drowned. The steamer was bound trom Now York to Portiand, Maine, The schooner wus bound to the cagiward, ‘The wind was cast, and very hght, and tho tide was running flood or to the west- ward, The schooner was on her port tuck, veating ung heading bout south-southeast, or six points off tho wind, The course of ' the steamer had been a iitule north of east, The ern of the steamer struck the starboard side of the schooner a few fect forward of the stern of the Schooner and snbstantilly cut of tho part of the schvouer that was alt of the line of the blow. The hvels allege that those on the steamer were either negligent in pot discovering the schooner in time to avuid the collision, or, seeing the schooner aud her lights, or hearing her signals ou her tog horn, were vegligent in continuing to run tho steamer at the rate pf ten or twelve knots on hour, aud in uot causing the Steamer to be stopped before colliding or causing her pourse to be changed, The answers allege that a fog tame on at twenty minutes pust eleven o'clock ; that ihe steamer was running ala moderate rate ol speed, and had competent lookouts, properly stationed and keeping a vigilant lookout, ani her whistle was gounded at reguinr and proper mtorvals; that, while thus proceeding cautiously, the lookout reported, and there was at the same time heard, one blast of u fog horn abuatone-hall a point over the port bow of tuo Bleamer; that thereupon immeuimely ner wheel was put nara aport and thereafter kept so, and tbat sho Was stopped und backeds that immediately thereafter the sails of the schoouer catuc into view, crossing the bow of the steamer trom port to starboard; that the schooner exnibited no flash nor ' other lights at any time, nor was any signal givea from her except the ono blast ol her tox horn just inmediately before the collision; that the had no competent officers, nor crew, nor louk- Dut, nor wheelsman, at or previous 10 the collision; that, potwinsiunding every cflort, from the moment bi receiving any signal from the schooner, to avoid her. was made by those in charge of the steamer, the Vessels came into collision; that the collision occurred About twenty minutes to twelve o'clock, imidnicht, and Was inevitable as to the steamer; that the col- Iision was rolely vwing to nogtigence and want cf skill \d care on the part of the schooner, in that sbe bud bu competent crew and had uo proper ligots set and burning, and exhibited no flash light, and had no oom- petent or proper lookout, and gave no suflicient or himely of proper signals, by 11 or tug horne, and did not indicate her port tack by two blasts of her fog horn, so that vessels approaching ber might be warned in time and thus avoid her; and bad no competent belmsman, ana, for sowe time before, and at the time of tue collision, no one at ali at her helm, that the only sigual—io wit, the one blast ot the log hora— which tae steamer recelved was acted upon promptly, and nad such sigual been timely aud proper, und had those navigating the schooner not been guilty of the above mentioned, toe collision been avoided ‘Ihe fog was very dense. ‘The steamer, when the fog came on, reduced ber wpeed to the rate of between five and six niles au hour, ber ordinary rate being tep, aud blew her Jog whistle at pr@er intervals. There wore in her pilot house her inaster wud tirst mato and one Beaman, and there Was a seaman on watch just outside of the pilot uouse, and one on the lookomt torwara on the forecastie deck clcso to the stern, All wero listening attentively for sounds of 1og horns aud look- teutively tor lights. The schovaer, us | fitd on evidence, had her colored hghts set aud burning, ey were not seen at any time from the steamer, bor could they or the lights vi the steamer have veen seen in such a fog at any usetul distance. The schooner had on her deck a seaman, Who wus at the wheel, and her mate, Her jwaster came on deck very shorily Deiore tne collision, Ibe persons on the deck of the sobooner were listening and looking. They bad a fog horn on deck, and it was being blown by them av proper intervals, Yet itis plain trom the evidence ‘Wat neither vessel became couscious of the presence of the other until Jost before the collision, 1 cannot resist the conclusion that the collision was duo, in part, at least, to the improper speed of the steamer. Tho Violence of the blow, aod tue fact thut nowwithataud- ing the steamer stopped and reversed at full speed as soun as she beoaine aware of the proximity of the | schuoner by hearing ber tog horn the 1impevus carried her, despite the obstacle, « considerable distance ahoad and beyond the place of collision before she came to a standstill, iudicates that her speed was Lov The ‘schooner gave proper blasts on log born, unconscious of the approach oi the steamer. ‘The schoouer was bound to the eastward with her booms off to starboard, The blasts | of her tog born were delivered, as was natural, toward the eastward, and the position of the sails of the schooner would tend to mtercept the sound trom being heard vy a veaxei approaching Une starbourd side of the schooner nearly ot right angles. ‘he moment the whistle of the steamer was heard on board of tho scuvoner the fog hoen of the schooner was Llown over the starboard side vf the schooner and toward the di- | Tectiou from which the blast of the whistie came, fhe steamer Was running at the rate, at five ana a ball miles an hour, 0: 454 fee. a minute, The wind was Diowing the sound of the whistle directly away from the schooner, it will not do to say that the fact that the schooner did pot vear the steawer’s whistle souner, Or (he tact that the steamer dia not bear the schoon- er’s fog horn sooner, 1t appearing that those ou butn ‘vessels wore Watchiul and attentive, proves that the steatner gave no Vlasts of her whistio. Letore we first oue tbat the schooner beard, of that the scuooner gave hy blasts of her fog horn before the lirst one that tue steamer heard, 1n the face of the clear evidence tuat both whistie aud fog horn were blown, ana properiy blown, in view of the existing state of things, vetore the blaets which were respectively heard, ‘If she steamer had been yuing at less speed, or had gone apead 4 short distance and tuen — stopped still and listeoed, and thus made her sypeca | or her passoge ‘from pout to pomt through the intervening space, and not merciy ber ruuning Tate while in forward motion, that “moderate speed’? which the statute requires, is quite apparoat that, Diowing ner whistle continually at proper intervals, the biast would have been heard by Lue schooner and auswered by the iog horn over the stardoara the schooner in suilicient season for tbe sten have stopped and backed and been brought toa standstill belore reaching the schooner, Cheretore the steamer Was ip fault as to her speed. It ix coutended thatibe Schooner was in juuitin not showiny a hghted toret. 118 provided by see sed Statutes that every ail ves rowel ul any sien vessel during the mght ume, suow a lighted upon that point or quarter to which such stain ehali be approaching.” Jn order to make this provision operative it is Recessary inal the sating Vexsel shoaid be aware OL the approach the steam Vessel toward ber, of hat, 11 guurant ol such approach, BUCA Ignorance should arise [rum neligenco or Inublen” tion on the part of the sriiing vessel, La the present case [do not find on tae evidence thay tbore was any Dogligence or Want of attention ou the part of tue Ue steamer, but 1 was ‘The sehuoner was not on deck. [aim nor satisuied on the evidence thar there was a nt interval of time between the hearing of the steatner’s whistle by tue schooner and | te hearing of the scnoover’s fog horn by the sivamer jor the torca tw have been lighted and exhibited in suen joanner as to have done any | Good, OF to have indicated the presenen ot the schooner to the steamer sooner or boiter than the fog horn did, eveu if (ue tureh bad been on deck, Here, diflicuity gues beck to the speed with BLeumMer Was approwcbing Lie course of the But there 18 au ovstacie to the entire exoneratiot ‘NEW YORK out in the most effective manner the provisions of this title, and such regulations, when approved by the Secretary of the Treasury, sball bave the force of jaw."? ‘This provision’ was a re-enactment of a like Yernen found in section 23 of the act of Febru S71 (16 -U. 8, Sat. at Lurge, 449) | find 1 1 sivle to bold tl the regalution respecting the in- en ah appro- that the clause referred to gives the Board power to muke apy regulation which tends to prerent. the loss of lite om board of steam vessels, The provisions of title 52 are, indeed, many of them provisions to pre- vent such loss of life, But they are specific provisions fn regard to various matters. None of them relate to i 10 the navigation of a stoamer or sailing jog, oF to the mancruvring Of a steamer with Felorence to # sailing vessel. ‘Therefore 1 cannot bold that the regulation respecting the indication of the the schvover trum faulty The rd of Superv Inspecturs ot Steam Vessels, in January, 197, estab. lished certain regulations, which were approved by tue secretary of the Treasury. ted puinpuler of lorty-live pag wiles and Regulations reserved by the Board ot Supervising Lospectors of steav fl ' ary of the J0hy, On page keribing certain i sailing vessels and ot tions 1s a8 follows: propelled by sais, pon the Bhaji, When on their starboard t es and rivers, sound one blast of their jog horn; when on their port tack they shail found two blasts of their fog liorn; when with the | wind free or ranning Jarg sound three sis of thert fog horny when by to of at anchor they shall sound a general ro.’ This reguintion was in foree at (he time i this collision. The statute respecting log signals (Rule 15 of secuon 4,255 of the Kevised Statutes; dovs not cover the point of jndieation of tue starboard tick by one st of a fog horn and of the port tack by two blasts, The power of the Hoard of Supervising lnspectors of ossels vo ostabliah the regulation 11 1s claimed to be di of the Ree vised Statutes, wh) Jourd sual petadlish ull uecessary regulations required lo carry Schooner’s tack had the force of statutory law as ro spected either tho sctiooner or tbe steam: But th ev@cnce is clear that, as the language of the sea, the steamer had the right to understand one Ddiast of a fog horn as indicating a sailing vessel on her starboard tack, and, in view of the evi- dence on the part of the steamer and the ubsence of testimony on the part of the sehoouer, to tho effect that one blast of a fog horn was not understood by those on the sch Lo indicate the starboard tack, fe these Sry th: empresa i ak 5. SAEs st would indicate yo tho steamer that ti came ry vasetl on hor starboard tack, The ‘very snortly vefore, been on hor star- vonrd iwek,” On that tack the ono blast was proper, When sho caine on ber port tuck sne con- tinued her ope binst. The steamor heurd that one blast a little on CF ape bow, not over hall a port. With tho headway she haa she ported her helm, ‘This threw her head to starboard, and, on the evidence she changed, by compass, belore the collision « point aud a quarter, or from east-by north one quarter to cabl by south. Her view was that the (og horn was on a sailing vessol which was on the starboard tack and bad already got on the port bow of moving away {rom the course ol the steamer, fore, porting would insure the passing of the steamer under tho stern of such vessel, Hut the schoouer was on the port tack and was moving toward the line of the steamer’s course, As tt was, although tho steamer, by porting, changed a point and a quarter, she struck the schoouer at a point only filteen tect trom the schoonor’s stern, If the schooner bad by two blasts of her fog horn indigatea that she was on the port tack it 18 apparent that the steamer, hoar- ing Ube sound only paifa point on her port bow, would not have ported, and that if she bad kept her course, or, mach more, I she bad starboarded to the sume extent to which ported she would havo passed under tho stern of tho schooner without atrik- ing her, or the blow would have been a shding and glancing one, inflicting less injury on the schvoner and her cargo, I must, therefore, hold the schouner m fault, [do not nd thavany of the otver faulis alleged against the schooner aro established. It fol- lows that as regards the suit brought by tho owners of the schooner the damages Jor the loss of tne srhooner ve apportioned between tbe schooner and the ner, The decision in the Atlas (3 Utto, 316) re- s that ithe suit by tho owners of the cargs should be a docreo against the steamer for full amount of the damages sustained by the loss of the cargo. In each case there must bo a relerence to ascertain the damages. Mr. Horace Bernard appeared for the schooner and cargo, and Mossrs. Beebo, Wilcox & Hobbs for the steamer, DAMAGES FOR CHANGE OF GRADE. An important decision in the case of awarding dam- Ages on account of change of grado was given yester- day by Judge Westbrook. James Murtaugh, in 1867, purchased stx lots !n 101st street, between Ninth and Tenth avenues. In 1853 the city had fixed a grade ior 10lst street which the Park Commissioners changed in 1468 In 1871 Murtaugh built several housos on theso lots, In 1874 tho city graded the street up tothe new grado established by the Coatral Park Commissioners, Martaugh then petitioned the assessors ior damages to be allowed the damage done to bis houses by the the strect, ‘Ihe ussessors, supposing $2,500. A namber of property owners on the street ovjected to this award, Murtaugh having built. upon tho first grade after tho last grade bad becn established. nssessors then struck out the award to Murtaueh. Mr, James E. Deering then applied, on Murtaugh’s behalf, to the Supreme Court for a mandamus to compel the assess- org to reinstate this award in their list and directing the Bourd of Revision to confirm it. ‘The Corporation Counsel made the pont that Murtaugh was pot enti- tled to any compensation under the circumstances, Mr. Deering contended thut thore was no statutory Provision allowing tho assessors to change their | whether the award was right or wrong. Jadxe West brook so held, and that when tho assessors bave ad- vertised their list as completo they are functus officio, 1t 18 then their duty to transmit their Jist to the Board of Revision for confirmation. He theretore granted the writ of mandamus, Tbe gist of the case uppears very clearly to be that asses-ors, although mantiestly having made a mistake 1! eir list of awards, cannot rectily the error, THE WATSON MANSION, ‘When Mrs, Margaret K. Watson, widow of the late county auditor, was being Somewhat crowded by sults brought against her husband’s estate, in the name of the peoplo, sho deeded to her son-in-law, Edward J. Lewis, what is known as the Watson mansion, corner ot Forty-second street and Madison avenue. This was in 1874, and subsequently Mossrs. Flicss & Allen recovered a judgment against Lewis for about $800, and the Sheri! leviea on this property. On the day the sale was to take place the Sherif was served with’ an injunction in a suit brought Ly Mrs, Watson, sho her property, and had only been conveyed to Lewis im trust, The Messrs, Mir & Allen were not made parties to this suit, and oo appii- cation of their counsel, Mr. Julius J. Lyons, Judue Westbrook granted an order which was catered in Sapreme Court, Chambers, yesterday, restraiming Mrs. Watsou’s suit until bis ehents are made parties thereto, The property is valued at $50,000 and is mortgaged for $30,000, A NIGHTINGALE’S NEW SONG. Leonard ! lis obtained a judgment against Richard Nightingale for $197. An execution having been ro- turned unsadisfled, an order tor the dofendunt's sup- plementary examination was issued. To this be paid no attention, and he was then brought up on an attach- Mncnt for contempt of court. As a puoishment for having treated the order of the court with contempt Judgo Sheridan fined him the amount of the judgment and committed him to Ludlow Street Jail until ho should pay it, It was suggested that the prompt meting vut of this penalty upon the contamacious Nighungalo would make him sing a aifferout tuue. A COURT ATTENDANT’S SALARY. Harris Winos was an attendant on the Marine Court from 1862 to 1873. In 1870 the Board of’ Supervisors increased his salary from $1,200 to $1,500 per annum. Comptroller Connolly retused to pay him at this -in- creased rate. Mr. Wines brought suit by his counsel, Elliot Sandtord, in the Supreme Court, for the balance due, and the city interposed as a defence that the Board of Supervisors had no right to fix his salary at $1,500 per annum, because he was an officer, and theretoro the Board, restrained by a tax levy act, acted in violation of Jaw. Tho case, tried betore Jus- tice Donohue, who held that Mr, Wines was not an officer, was decided in favor of the platutiM, The city appealed to the General Term and the decision below Was sustuned in aa able opinion by Justice Daniels On appeal to the Court of Appeals the judgment below in favor of plainuifl has been affiemod, Kiho: sand- ford appeared for the plarotif! and D, J. Dean and William C. Whitnoy tor the city. SUMMARY OF LAW CASES, Judgo Shipman will bold the jary term of the United States Circuit, Court on Monday, October 15, next, at half-past one o'clock P.M. In the suit for divorce brought by Matilda Morris against her husband, Robert Morris, Judge J. F. Dal ot the Court of Common Pie grant a new trial, in the case of Isadoro Galle, the bridegroom of a day, who sued out a writ of habeas corpus to obtain pos- session of his wife, dctained, as ho alleges, at the house ot her aronts, the facts of which have been published in the Henan, & relerence was ordered yesterday by Judge Westorook to Me, Wilham Sinclair, James Buchanan was before Judge Weetbrook yesterday on a writ of habeas corpus and certiorari, He was committed by a polies magistrate for refusing tw support his wife and child. ‘Ihe Judge ascertained that there was no evidence on the papers as to his aliegation that be was unable to support her. He fivally remitted the ease back to tbe Special sessions to investigate the hasband’s ability to support his wie eliids ‘athariue Rober had Charles Brodbeck arrested in a civil action fur broach o: promise of marriage. The defendant expressed bis williugness to perform 8, yesterday refused to his promise wud appeared betore Judge Sheridan 1 | the Marine Court yesterday for that purpose, The plaintit did not appear, however, and delendant was discharged trom arrest, ‘The trial of the caso was set down tor the Sth of October next, 1 Hiiam MH. Smith et vs. Ernest H. iy inthe Marine Court, before Chiel hea, a mouion was made by Messrs, Hall and Bianchy to set aside the verdict vn the ground of ir Teguiarity on the part of a juror in passing a paper to Messrs, Forves und sage, the phuoufis' counsel, giving the present whereabouts of « supposed im- portat withess. This motion was denied yesterday on the ground that no harm had been done, and a judgment was ordered to be entered accordingly. Joun Mestahon, ©, MeGovern and Michael’ MeCor- m wore brought belore United States Commissioner Shields yesterday, charged with selling hquor without having paid the government special tax. The evi- dence Was found to be sosuflicient on which to hold them and they wore discharged. iu the soit of Fuentes against Allien, tried in the Marine Court, ve.ore Judge Sinnott and a jury, and el- ready reported in the HewaLp, the jury, alter having been Jocked up for many nour’ and haying fatled to agree On & Verdict, Were dikchurged yerterday morning. It was stated that they stood eigntin favor of the pln tll, three in Javor of the defendant and ono on the fence, DECISION SUPREME COUNT—CHAMBERS, By Judge Westbrook. Noo vs, Noe,—All the equity on which plaintiff bas | Were warmly received by Meyer, who shied a tumbier | bead bad more the appearance of a bruise than a cut. HERALD, SATURDAY, SEPTEMBER 29, 187 his claim for relief 1s denied by affidavits, This mo- ton will stand over to second M y of October to enable plaintiff to reply to defendants’ affidavits, to be served on defendant’s attorneys tnrce days betore said second Monday in October, 1877, and to be theu heard upon all the papers. People, &c., vs. Wyatt.—Further return required to show upon what evidence the warrant is: whether thero was avy evidence, and, if $0, what otber than that returned, Gano vs. MeCunn,—As tho appeal from the order will soon be heard I think it better to postpone the motion, It can result in po harm if Mr, Lyddy is bt. Wiese ys, Koch.—Motion to strike out answer do- nied. Reuter va. Reuter, —Motion to discharge denied. Milburn vs, Judson.—Injunction continued. Whitlock vs. Degraat.—Order signed, Irving National Bank vs. Smith; People, &e., ex rol James Surtaugh vs, Board of Aasessors, —Mutions why Elen Folan, wifo of Martin Folan, the defendant, should not be compelled to discover property by an attachment for contempt of court in not obeying a subpoena issued by Stephen 3. Jacobs, the referee be- fore whom an examination is pending. J. W. Brower, counsel for defendant, raised several —objec- teas to which was overruled, and the Court granted an oraer and writ of jacbment commanding the Sheriff of Kings county ia Hilen Folan and hoid her to bail in the 1,500 for her appearauce vn October 6, to an- The case, it appears, arises {rom a judgment ly obtained in the Supreme Court of the State tone Martin Foian for $3,800, a lonn obtained by him from bis mother to purchase real estate in Brooklyn, but he failed to reply. He is alleged, by the counsel, to have conveyed the property so purchased lo others to defraud his mother and creditors, His mother, it is stated, earned her money by selling ap- ples and peanuts i the Elysian Fields of Hoboken. ranted, , Newlin vs, Burdett, &c.; Tilt vs. Pratt; McSwyney vs, Masthe Danner vs. Frost; Schwaav vs, Tic- man. —Orders granted, Beokel vs. Mittnacbt,—Order dented, Devoo vs. Devoe.—Motion denied. SUPERIOR COURT—SPECIAL TERM. By Judge Van Vorst, O'Kelly ve. O’Kelly.—Let judgment be entered on report of referee. jolborow vs. Crook ot Albert Coles receiver, &c. In the inatter 0; the petition of Lous Grass, &c.— Potition granted, Knemmelberg vs. Knemmelberg.—Order resettled and mgned, Holderow va, Cook et al.—Motion granted. Maurer ys. Placo,—Motton granted on sorms, Momo- randum. Barrett vs, Smith; Brady vs. Carroll; Glob vs. Schuller; Schafer Ys Gleb; Adams ‘va Mul- MeKeonnell ws, Crospy’ (1); McKennell vs. (2); Maller vs. Lyneh; Bumisch va. Wosole- mann; Weston vs. The Ni York Etevatet Ratl- royd Company; Schnell va ‘The Same; ding VE. McGayher; Spuchor ve Tho New York Elevated Rail- road Company; Gallagher ¥®. The Same; Ranold v: Post; Moore va Regan; Strauss vs Solinger; Gardu vs. Gardner; Archer v8, Fergason ; Ellsworth vs. Se Varnum, &c., vs Rathbone; Manning vs Stern; Barrett vs, Straing; Blakeman vs, Anderson, O’Kolly vs. O’Kolly; Holborow vs. Cook ot al—Orders granted, COMMON PLEAS—SPRCIAL TERM, By Judge J. ¥. Daly. In the matter of Meyer. —-Order discharging assignee and sureties from Itability to creditors bound by com- Position in bankruptoy. Marsh ys, Conklin,—-Motion tor receiver granted, with $10 costs. Behrens vs. Robinsov.—Motion to dismiss granted. White vs, Sands.—Motion tor receivor granted, In the matter of O'Brien; in the matter of Heants,— Lien digchyrged for want of prosecution, Waterman vs Sickles; Hamilton vs. Morange.—Mo- tions granted. Haranx vs, Sadlor.—Sureties approved, Morris va, Leopold.—Motion denied, with $10 costs to abide event, The Ninth Avenue Railroad Company vs. The New York Klevated Raitroud Company.—Motion denied, Asendor! vs, Meyer.—botion denied; $10 costs to defendant to abide event. Beams vs, Gould; Philbrook vs. Crotty. denied; $10 costs to ubide event. Hedges vs. Muspratt,—Motion dentod ; costs must bo paid on discontinuance, Nurzoif et al. vs. Wittenge’.—Reterence as to sur- plus moneys ordered, Morns vs, Mourris.—Motion for new trial denied, with $10 coats; soe opinion, Meunire New York Central and Hudson River Railroad Company.—Motion granted, aud cause set down tor secoud Monday of October. Ip the matter of Russell et al., &.—Account of ns- signee ordered on file, and reference ordered to take and state same, Van Ness vs. Terry. —Affidavit should show wny order to abow cause is asked for, Gillis, &., vs. Trely.—Approved. Mcvarten vs Hannvile,—Appeal dismissed, with $10 costs, Jn the matter of Middleton Carman Company—Or- der discharging assignee cranted, In the matter of Mayorga,—Motion for stay and to Temove assignee denied with $10 costs, Notting vs Grass, —Blanks In petition must be filled 1m before uny orders will be granted, Stewart vs, Dean, Wettach vs, Browning.—Orders granted. —Ordor appointing Mr. = By Judge Van Brunt. Christophers vs, Schiee,—Order signed. By Judge J. F. Brauy. Heizman vs. Hoizman,.—Reference ordered as to allowing alimony and counsel fee, aay matter of White,--Account filed and order en- tere Trow vs, Sohumap.—Order for examination dis- missed, in the matter ot Sternbuth, &c.—Reference ordered to tuke and state account of assignee, Wahley vs. Steimmuller.—Application in behalf of receiver !ér leave to suc granted. Selvin vs. Wicks, Redden vs. Wicks, Lydon va. Wicks, Cotter vs. Wicks, Batton vs. Wicks, Welch vs Wicks, Doberty vs, Wicks, Wright vs, Wicks, Hill va. Browning, Noonan vs, Browning.—Liens discharged, MARINE COURT—CHAMBERS. By Judge sheridan. Biock vs. Sanger; Orthout vs. Cnristie; Thompson vs, Upham; The Mechanics and ‘fraders’ National Bank ys. Wright.—Motious granted. Nerris va. Goarty.—Mr. Moger A. Pryor appointed receiver. Harsniield va, Mayer,—Receiver'’s bond approved. Bassett vs. Kolb,—Motion to vacate order of Sep- tember 24 granted. Scott va Wheat.—Motion to dismiss appeal dis- missed, with $20 costs, to abide even Keber vs, Brodbeck. —Motion to vacate order of ar- rost granted, and case set down jor trial October 5, 1877. luis vs. Nightingale.—Defendant discharged. paltman vs. Kutner.—Detendaui discharged on his own recognizunce. Caso set down for trial October 2, 1877. Kelly vs, The New York and New Jersey Globe Gas- got Company (Limited).—Examiuation oi plaintift set down before Mr, Henry McCarthy as retereo, Herschberg vs. ErSictm,—Motion denied, with $10 eosis, Duryea vs. McCuc.—Order directing third party, Thomas J. McKee, to pay over moneys, kc. Hatch vs. Fitcb; Drake va, Dresscoil; Wettach vs, Browning; Bullene vs. Beach; Sloan vs. Steinharat: sebwamschila vs, Jedel; H vs. Hebeler; ONeill vs, Donohue; Braguo vs Tinken.—Orders granted. GENERAL SESSIONS—PART 2, LBetore Judge Gildersleeve, A LIVELY SCES ‘rwo Gormans, named respectively Joseph Keller and George King, were arraigned for trial on a chargo of assault and battery. From the statement of Frederick Meyer, who keeps a lager beor saloou at No, 73 For- syth street, it appeared that on the 15th inst, the pris oners entered his placo and commenced quarrelling with other parties who were seated there, and that soon they commenced an attack upon him, striking him with a seltzer water bottle on the bead, His wile, with great volubility, described the scene, stating that the air was tull of vroken tumblers, plates, chairs ana everything handy {or a serunmage. She herself Was struck iu the back with a seltzer bottle, de. claring tbat had she vee hit on the head sho would never have seen the light of day. ‘There was another side to tho story, anu Keller itin broken Engush, causing intense amusement. had just come {rom the conniry, he said, and wout with bis friend to ges some beer, King spoke English in the saloon, whereupon those present tuok uindrage, and a shght row cased, Alter leaving tho premises Koller discovered the Joss of his gold pencil and ro- turned to recover it, AS they opened the door they at them and nearly knocked an innocent passer by out of time, Arogulac méiée ensued, in whicu Keller was cut vo the bewd. ‘The battle lasted some minutes, when the accused were compelled to beat a retreat, lu view of all the circumstances the jury reudered a verdict of not guilty. A WIFE BEATER PUNISHED, A forlorn looking m:n named Jolin Geary, of No. 510 Tenth avenue, was arraigned at tbo bar by Assist- ant District Attorney Herring, charged with felonious assault upou his wite, Bllen Jane Geary, on the Ist of July lust, Officer Lawrence testified that on the day in question from tnsormation sent to tbe police station ho proceeded to the premises mentioned and on open- iny the door of the prisoner’s room saw him with a | hatchet in his hand standing over the prostrate fori of his wife, who was lying imsensible on the floor, ‘Thero was a wound on the right side of her hea which blood was flowing, Upon cross-exami Edgar KE. Caipmon, it appeared that ihe prisoner was unuer the influence of liquor, that there was no blood on the hatchet aud that ine wound op the woman's Dr. Wilson, who attended the woman when conveyol to the hospital, corroborated the — testimony as to the character of the wound and said tie woman was also suffering from delirium tremens, In is own benall the prisoner deaied having com- mitted the assault, und accounted for the possession of the hatchet by saying he was avout to wood to light a fire, The officer, however, stated that the was overiurned and that the room pre- y ct. Thero being no evidence that the wound was ioflicted with the batebet a8 charged in the indictment, the jury found the prise oner gailty of assault and battery and Jndge Guder- sieeve sentenced hin tu one year’s imprisvamont at hara Javor, ‘THK ALLEGED MALPRACTICE CASE, Porsuant to motion made by Mr. William ¥, Howo for tho release on bail of Dr. Benjamin Marker and Mrs, Mary Harker, who wero arrested at No. 45 Bleecker sireet, a charge of maipractice, the ac- cured were yesterday admitted to bail in the sum of $800 each. . DISGHARGING THE JuRY. lo discharging the jury jor the term Judgo Gilder- sleeve took occasion to thank them in fitting terms for thotr prompt attendance and the eflicient services they had rendered the city and county in the disposition of the criminals broagut belore tum, she Court then ad- Joarnod untii Monday, THE FOLAN JUDGMENT SUIT, In the Supreme Court, Kings county, before Justice Giibert, @ motion’ was inade yesterday by Semucl G. Groat difficulty has been experienced tu compelling attendance of witnesses beiore the reterce. COURT OF APPEALS, Atnany, N. Y., Sept. 23, 1877, In the Court of Appeals to-day the following busi- ness was transacted :— No, Powell vs, Powoll.—Argued by F. R, Gilbert tor appeilant and D, D. Niles for respondent, No, 73, Brown vs, Durham,—Dismissed on argu. Ment, amonat involved not being sullicicat under the statute, No, 113, Ferguson vs. Heltonstien,—Argued by George W, Steplicas for appellant and N, UC. Moak for responden! ‘0. 895. Putpam vs, Furman,—Submitted, No. v9. Potter vs, Carponter.—Argued by E. T. lard for appellant and B. K. Cowen tor respondent, CALENDAR, The foliowing is the day calendar for Monday, Octo- her 1, 1877:—Noa, 147, 148, 2414, 344, 353, 160, 151 and ALLEGED WIFE MURDER. Two colored men breathlessly rushed iifto the Kighth Precinet station house between twelve und oue o’clock yesterday morning and in an excited manner informed the sergeant in charge that a woman had been mur- dered at No. 70 Sullivan street, Officer William Retlly was sent to the place, where ho found a woman named Mary Jackson lying ingensible on the second floor of the house, a pistol shot wound in the upper part of ber head and hor body covered with bruises, gfhe woman was removed to the New York Hospital, where she now lies in a precutious condition, Mr. and Mra. Jackson, it seoms, bad a wordy quarrel in the early part of the evening, and kept i up until they came to blows, Jackson 18 accused of throwing lie wife out of the window, and the broises on her body go to strengthen this accusation. He stated yes- torday that his wife might have jumped out of tho window, but denied having thrown her out himself or used any violence toward her whatever. Jackson was committed by Justice Morgan yester- day to await the result of ber injuries. SLEEPY FREDERICK, Fredorick Grimm, of No. 80 Second stréot, must have un excessively quiet conscience, for ho siumbered 80 soundly at the foot ot East Third street yesterday morning that some wicked mortal who infested tho place suceceded in capturing his coat, hut and pocket- book velore he awoke, This matutinal biunderer, however, tugged so bard at Frederiok’s wallet that cousciousness returned to hin just as thief, money and habiliments were moving away. Grimm once uroused was up in arms iu a moment, and there is no telling what dread tate would have overtaken that flying marauder had not Frederick stamblea into tne rivor, whence he was fished out by 4 watchman, who arrived just in the nick of time, Detective U’Connor, of the Eleycnth precinct, ts in quest of tho purloiner of Grimm’s property. A SNEAK THIEF, The barge Red Bird, Tobias Gabrielson captatn, lying at the foot of East Thirty-firat street, was entered on the night of the 26th inst, by a sneak thief, and cloth- ing to the value of $59 was tuken from the cabin. The theft was traced to Thomus Sbipliu, aged cighteen yeurs, who resides in the neighvorhuod, and who, it 1s suid, ‘told the captain’s wifo that he bad pawned a shawl, from the description of which she recognized it as her own, The young man was arraigned in the Fifty seventh Street Court yesterday, and was held in $1,000 bail, OTLO'S MISTAKE. Otto Frank, aged cightcen, tormorly a clerk in Jacob Aliman’s photograph gallery, No, 172 Fifth avenue, was arraigned at the bar of the Fifty-seventh Street Court yesterday on a charge of having stolen $70 from his employer. Otto pleaded guilty aud was held to stand his trial in $1,000 bail Later in the day tho bail was furnished, » AN OFFICER ASSAULTED. As Officer Speight, of the Tombs Court equad, was proceeding to the Court shortly before six o'clock yor- torday morning he was met at the corner of Centre arid Leonard streets by two unknown men, who, without warning, seized and knocked him down, They fol- lowed up the attock by striking him several blows and kicking him, Although woll advanced in years UMcer Speigut made a vigorous fight and administered a lew telling blo’ with nis fist on the fuce of one of the ruflians. No policeman wag near at hand at the time of tho assault, and owing to the carliness of the hour the street was barren of people, “fue assailants suc. ceeded in making their escape. The oflicer’s injuries consist of a cut on the head two inches long and some cuntusions of the face and body, which, while paintul, are not considered serious. Aftor reporting the occurrence the wounded officer went home and had his injuries dressed. Who the assailants ure and what their motive wi amystery, Officer Speight is ono of tho oldest patroimen on the force, He is a brother of the lato Inspecior Francis S. Speight. JHE RECENT FORGERY. . Nelson A. Ge&sner, charged with the forgery of the $23,000 check on Winslow, Lanier & Co., was taken betore Justice Duffy, at the Tombs Police Court, yes- terday, for examination, His counsel, Bainbridge Smith, consented to an adjournment until October 12, on account of the unavotdable absence of the Axsistant District Attcrney having charge ot the prosecution, ‘Yhe counsel made a tormal request that the witnesses for the prosesution be produced i court on Octobor 12 In case of their non-appearance at that time he will move Jor Gessner’s discharge. THE POLICE COMMISSIONERSHIP, A deputation of citizens called upon Mayor Ely yes- terday to urgo the appointment of Mr. Frederick | Lewis to the position of Police Commissioner. Among tho deputation were Messrs, Frederic Taylor, Isaac | Wallach, L. Hass, George C. Colburn and A, J. Dovale, Thoy presented a long petition whicu had recorved the atures of anumber of merchants, among them J. & W. Seligman & Co, H. &, Claflin & Co., Greenbaum Brothers & Uo., Peet, Pool & Co. and others, Mayor Ely promised jo give ‘tho matter an early copsidera- tion, He was acquainted with Mr. Lewis and believed him to bea tit man for the place, He did not think such an appointment would convert the department into a partisan body. Mr, Lewis is a brother of Alderman Lowis, FORCE, DISMISSED FROM Tho Police Commissioners at their mecting yester- day dismissed Detective Harrison Cain, of the Tenth precinct, who admitted the charges preferred against him vy Captata Foley and retused to avail himself of a trial. Oflicer Farrell, of # plasot of & woman in G he was said to have mislatd, CORONERS’ INQUES Coroners Wolt:nan, Killinger and Flanagan yester- day took up the investigation of a number ot cases witch have been for somo time pending. That of Matilda Palmer, who, on September 3, was shot at No, 11 Pell streot, and was found there with a man named Uarr and another named Kiernan, was the Orst considercd, the jury finding that she came to her do from a gunshot wound in the head at tho hands of John Kiernan, who made good his escape. Testim Y, was then tken touching the death of Thomas O’Vonnell in the open lot at Thirty-sixth street and Eleventh avenue Which went to show tuat James Gorman had fired the fatal shot. The jury ac- @oruingly tound a verdict against him, Coroner Flana- gan committing him without bail, Wilham Man it was found, was drowned whilo | making hs escape from Bellevue Hospital und the offl- clals of thay institavion were consured for ‘not taking precautions to guard against the accident David Dav died from being crushed between a hay wagon and a Bleecker strect car; Eugono M an irom concussion of the brain, due to some wo- known cause, and Mary McGrath, trom exhaustion ‘tollowing the ainputauion of an arm, which bad been injured by an accidental fall down stairs, Exhaustion following « stup wound in the khee, in- flicved by some toknown person, caused John Donough’s death, ana Wilitam McCabe's was duc to tetanus, following injuries received by having his hand crushed between « Weel and a coal cover, in tho case of imma Deuchm who died from burns reevrved by her clothes catching fire from a can in the street, the jury recommended the police to ve moro vigilant in preventing childrea from building fires out of doors. RAILROAD ACCIDENT. Fourteenth precinct, on com- and street, whose pocketbook as also dismissed, i Joseph M, Myer, of Newark, residing on the corncr of Ferry and Adams street, atvempted to board a train while in motion on the Newark and New York Rail- road yesterday at the Congress street bridge, He iniesed his hold, fell under tho wheels and bad bow Jegs shockingly mangled, Me was removed to st, 7.-WITH SUPPLEMENT. CLAIRMONT “SAVINGS” BANK. EFFECT OF THE BROADWELL EXPOSURE--A COMPROMISE POSSIBLE—THE RECEIVER'S POSI- TION—THE BANK EXAMINER EXAMINING. Naturally the seizure of the box of securities belong> ing to President Broadwell, of the Clairmont Savings Bank, created some little excitement among the people interested in that detunct institution. The idea that the tricky President of the bank should fall into his own trap was a matter of congratulation to the duped depositors, and when the HxraLp announced that the stocks and valuables in the Park Bank Safe Deposit Company would probably aggregate $20,000, the spirits of the 1,043 untortunates rose in proportion to tho chances of realization of these odds and ends stowed away so secretly, One of the trusttes yesterday said:—* do not think that Sherman Broad- well would have been so obstivate about a settlement if be bad not been surrounded by bad advisers. When the committee of trustees went over to see him, and offered allthe immunity in their power inorder that he could visit New York and settle his ditloron with the Clairmont Savings Bank, he seemed to be willing and even anxious to accept their proposition. But he was caught quietly coming to New York wnd endeavoring to take # box of valuables trom a sale de- posit company which beld it inthe name of the Clair. mont Savings Bank. His wife and daughters, whon 1 visited them, were painiully anxious, not only tbat he should assign everything in the world of which be was Possessed, but they were, woman like, willing to give up everything that was igned to them in the shape aluables and securities in order that the pamiul scandal with which their father’s name was connected should cease, I coutése,” conunued tho gentleman, “1 never had my heart wrang more than when I heard these ladies and saw their tears, but | bad a stern duty to perform te the depositors ‘aud to the commit- tee of trustees 1 was representing, and 1 could not listen to my sympath wid “Did you Mr. Broadwoll to-day??? asked the re- porter, “Yon,” “What effect has the discovery of his clandestine attompt to take the securities from the safe vault had upou him ??? **A very powerful one, He is utterly broken down, You must remember he is seventy-six years old, and has a numerous tamily on whom iis disgrace reilects, and while strong influences are at work to make him fight tor tho property whieh he slatms as his own, still equally powerful ones are exercised to induce him to surrender overything that he has unlawfully appro- priated, and thus to secure immunity trom further Drosecutions,”? “Do you consider that a majority of the trustees bien been implicated in the overdrafts made on the nk?” “By no means, Two or three individuals may be in- volved, but the others named in some vl tho papers, including Mr. Henry Parsons, the former counsel ot the bank, are not connected with agy such trans- action’? “How about Hoyt?” “iis transactions with the Now York, Boston and Montreal Raiur Company are matters of public his- tory, and it seems plain 10 the most cusual observer it ho used the bunk fur his own purposes,” ‘The receiver was absent yesterday irom the bank during business hours, and when he did appear simply reiterated that the accountant, Mr. Sibioy, would uot have his official statement ready belore teu days. ‘There were no uew discrepancies aiscovered and the books were being proved in the moat thorough man- ner, The receiver stated that he bad heard that a Mr. Onderdonck, counsel for Mr. Luthor Hoffman, ot Kingston, Ulster county, bad appliod to Judge West- vrovk for au order directing him (the Receiver) to de- liver to his clicnt $251 deposited im the bank alter it had becomo insolvent, Mr. Winsor, of Winsor & Marsh, opposed this order on the ground tnat the de- posit by right should be retained and subjected to the game disposition as those of other dopositors, Mr. Winsor, niso acting on benalf of the trastees of the bank, hus been !n Boston for the last three days endeavoring to gut hoid of some assets supposed to be recoverable there, In ilolyoke, Mass., yesterday, he took possession of a crockery store which exeSecretary Swan had made over to the bank, and 1 18 supposed by those wno take a sanguine view of the wfluir that this will add $2,0.0 to the assets of the bank. This place, it is supposed, Was put Up as part security tor the Merwin notes discounted by the Clairmont Bank, anaccount of which has already been given im, the Henan. iy? At schenectady the Clairmont Savings Bank motion was argued before Judge Landon yesterday by ex. Judge Samuel W, Jackson for plaintill, Samuel Marsh for the bank and E. W. Paige for the Attorney Gen- eral. Judge Landon, after a protracted argument, held that ho wuuid try to enforce his rights to su per- sedo the present receiver, but made no appointineni. MUNICIPAL NOLES. Tho Board of Apportionment yesterday authorized the issue of the following bonds by Comptroller Kelly :—Assessment bonds for opening of Boulevard from 107th to 108th stroct, $153,967; revenue bonds for payment of water mevors, $1,000; bonds to pay tho claim ot Svephon Merritt for burying members of the National Guard in the discharge of their duty, $1,024; Croton Aqueduct stock, $8,165 02, . Comptroller Keily has been empowered by the Board of Apportioment to pay the following amounts irom excise iunds:—g9,318 14 to Institution of Mercy, $5,548 02 to Foundling Asylum of Sisters of Mercy. the ordinance in relation to express wagons bas been returned vy Mayor Ely, und was yestorday 1e- ferred back for amcndments to the Law Commitive of the Bourd of Aldermen. ‘A resolution mtruducea by Alderman Morris was yesterday passed, directing the Gas Commission to compel the various companies supplyimg bbe city with gus to keep the hgnts buroing jor at least thirty ininues betore sunrise. The Aldermen have passed a resolution probibiting the erection of telegraph polos within ten feet of any gas lamp. Tne Board of Education bas been requested to send ina statement to the Common Council us to the nam- ber of public sehoois iu tho city, the average atiend- ance of children, number of teachers, resident aud non-resident, together with other staustical informa- tion beating upon the same subject. Seventh ward citizens petition the Common Council for removal of dumping ground from the foot ot Mar- ket street, It hag beon suggested by Alderman Salmon that the Superintendent of Buildiugs be directed to have u water tank of not less than 500 gallons capacity placed on the floors of every building iu this city used Jor manulacturing purprses, This tank is to be con- nected with the sireet water pipes. Consideration of tbe matter has been retorred to the Aldermanic Com- inittee ou Fire and Buildings. The Board of Health reports to the Common Coun- cilthat they have no jurisdiction over the Hunter's Point nuisance, but their agents are engaged in ox amining the matter so as lo present the Jacts to the Grand Jury. Comptroller Kelly has roported to the Board of Ap- portionment that no autbority rests with inat body to appropriate funds for tho relict of the sufferers by tho Thirty-ilith street fro, WEED'S EXAMINATION, POSTPONEMENT UNTIL 10-DAY—A STATEMENT ¥ROM ALDERMAN COWING. The further cxamination of Tweed before the Alder- mante Investigating Committee was yesteraay post- poned until teu o'clock this morning, when, it 13 un- derstood, the ex.Boss will continue ms revelations. Ali tho members of the committee were present yes- verday, bat Tweed and his counsel did not put in an appearance, as they bad been previously notified of the iliness of Assistant Corporation Counsel Coie, Previous to the adjournment of the committee Alder- mao Cowing mado the loliowing stavement:— “Tho object of cross-examination, says Mr, Bouvier and also Mr. Greenicat (two highly respectable au- thorities in the law upon tho subject of evidence), ‘18 to sift evidence and try the credibility of a witness,’ and both of these autuorines say ‘it is one of the prin- cipal tests which the Jaw has devised for the ascertainment of truth and also one of the most efficacious, At the Just meeting of this com- mitteo I xpplied this test ot cross-examination to the witness belore us only and solely with the view of ascertaining the train. 1 notice that two city editors differ with these two highly respectable authorities on evfience, and state its object to be to suppress the truth and the facts, and most unturrly and unjustly measure my mouves by their defiaition, 1 may be supposed to know my motives better than the two city editors, and I most emphatically declare that no such motives as they attribute to me ever eutered my head; but I do, on the contrary, desire that the truih and the whole truth in reference to the subject matter belore this committee may be brought out, lot it hit where it may and whom it may. In the lacome words of the Jate Prosident of the United States I, jor member of this committee, state, ‘Let no gulity man escape,’ '? ; THE DOG ORDINANCE. An attempt was made yesterday at tho mooting of tho Aldermen to limit the operations of the dog ordi- Dance irom May 15 to September 15 of each year. Such an amendment was opposed by Mesers. Bryan Reuly and Cowing, Tho tormner gentieman contended that there existed as much danger from hydrophobia during the winter as the sammer months. = The propo- sition was finally referred to the Law Committee jor consideration. CUSTOM HOUSE SEIZURES, Special Agent Bgackett and Colonel Mudge, late. supervising special agent of the Treasury, seized a trunk yesterday at the store of Clinton ¥. Brash, No, 37 Walker streot, in which they found two fine silk dresses and one silk overskirt, and some other goods of minor importance, said to belong w a Mrs, Lewis, and which had been simyggied trom Canada. In order to deceive the revenue ollicials the dresses had the label of a fashionavie dressmaker of Fifth avenue sewod on the band of the skirts, thereby tv givo the improssion that tho apparel had bocn made up in New York. Tho value of the seizure 1s about $500. A case of drugs and a cuse of engravings were seized on buard the steamer Britannic on a charge of smug- gling; «iso one case of cigars on board the Havana FINANCIAL AND COMMERCIAL The Stock Market Active, but Weak. GOLD DULL AT 103. Government Bonds Dull, States Higher and Railroads Irregular. Money on Call Easy at 5B a 6 a 4 Per Cent, t WaLt STREET, Frivax, Sept. 28—6 P, M. After a gasp for higher prices at tho openivg the established weakness of the coal stocks knocked the breath out of the rest of the market, With the excep. ton of an occusional boost the tendency of prices wa toscek a lower Jevel, and in mos! cuses this war gained as tho resuit of the day’s business. During thi firat half of tho session tho coal carricrs controlled thr market, influencing quotations of tho active fancie and improssing the bear element generally with th behiet that no locality other thaw that which is popu larly accepted as being paved with good ijutentiont could stop the downward course. Something did stoy it, however; possibly a sharp demand to cover shorts, or an impression that the recent decline might induce aswirl upward, for after meridian prices improved and the closing quotations showed a net regain of about one. halt on the Joas of the day. Meanwhile tho raiiroad properties fluctuated within limits of one to one and one-half per cent, tho Northwostorn shares exhibiting the best claim to firmoesa, Tho indices aro that, ag has happened before, the coal speculation wilt tend ta a split off from the rest of tne market. In the fnterim railway and miscellaneous shares are inclined to firm- ness, tho large holders being cager to disentangle themselves trom the unprofitable and unwisbed lor alliance which depresses their properties. As regards the future tho sooner this separation can be effected tho better for the market, which 1s now lugged down by tho anthracite millstone, while, a8 fat as self-m- torest is concerned, the principle that ‘they also serve who only stand and wait’? is as well understood by the bow window bulls as it 18 by Mr. Bachman, Apropos of the coal matter, It 18 given out that tho Reading Company do not as yet oxpresh a disposition to pick up the gauntiet ot lower prices for coal as thrown down by the Lebigh and Wilkesbarre Com- pany. If the latter concern, however, is plucky enough to stick to tho terms of their published circular a reduction will Inevitably onsue all around, and with it probably the cheapest prices for coal that we bave yet seen, The report of the Pennsylvania Railroad Company, published in an unoificial way yesterday, and showing a decrease in earnings of over $1,000,000 for the last eight months, did not affect the price of the stock, It was taken very properly cum grano satis, lor, in the first place, the comparison with last year’s carnings is scarcely a fair one, in view of the exceptional receipts duo to the Centennial traffic, and, ip the secoud place, to the fact that the company, hav- ing but littie hopes of recovering their losses by the riots from the city of Pittsburg, will the more readily obtain relief trom the Legislature by appoaring bofore them in forma pauperis, f OPENING, HIGHEST AXD LOWEST, The following table shows tho opening, highostand lowest prices of the day:— Op:ning, Highest. Lowest, 10134 1014¢ 100% 4 Boy 627% 12K Northwestern 8736 Nortuwestern pret. 6415 Rock Isiand 102 Mil. and St. P 3534 Mil, and St, Paur prof. tra Del., Lack. and Western 4a Dol. and Hudson Canal 30 Morris and Essex. 70%; Michigan Contral 88% Illinois Central a G, Gand I, C, 3% Olno and Mississippi . % Wostern Unton 7836 18% Pacilic Mail.. 221g 22)¢ QUOTATIONS, The closing quotations at 3 P. M. were:— Bid, Aske, - Ininols Contral. 71” 7114 44 Pacific... 68% 67) iH Y ‘ 34 63% Hd St Joseph. 1s '¢ H&StJoseph pf 27 28 C& Nithwest pi 4 a) Pate 7 CG RL& Pacifte iW Fort Wayne. Milt St Paul, Mil € St Paul DLV N'J Central. D & Mud Canal. Morris & Kasox. Mich Central... 5° THE MONEY MARKET. Money on call lont at 5 a 6 per cent, the closing rates being 4 percent, Bunks would not, however, Jend mach below 7 per cent, and prime morcantila paper was quoted at 6 a 8 por sent. The following were the rates of exchange on New York at the undei- mentioned cities to-day:—Savannah, buying 34 off, solling 34 Of; Cincinnati, steady, buying par, selling 1-10 promium ; Charleston, scarce, buying 3g, selling par; St. Louis, 50 premium; New Orleans, commer cal 3g, bank 34 premium, and Chicago, 80 discount, Foreign exchange was lower this alternoon, closing witb actual business at 4.81 for bankers’ long and 4.86 for demand sterling. Some of tho stock brokers who have had loans called on thom by the banks have been borrowing sterling against collaterals and selling the samo to raise money. THE GOLD MARKET, Gold was dull at 103 throughout the di The bor- rowing ratés were flat, 2, 3g, 1 and 3 per cent per an. nun, and finally 1-64 per diem, GOLD CLEARINGS AT THE NATIONAL BANK STATE OF YEW YORK. Gold balances $818,641 Currency bala ‘846,660 Gold clearances... 15,901,000 CLEARING HOUSK STATEMENT, Currency exchange $65,934,837 Currency balances. 3,275,745 Gold exchanges. 7,706,603 Gold Lalance: 638,506 GOVERNMENT BONDS, Government bonds were dull and heavy all day, closing heavy at the following quotations:—United States currency sixes, 120% a 121%; do, sixos, 1881, ered, 10914 a 10934; do. do., do., coupen, 110% a jo, do., 1865, new, registered, 105 3g a 1053¢ ; ao. ao,, do, coupon, 10534 a 10534; do. do., 1867, regis- tered, 106% « 107; do, do, do, coupon, 10734 010744; do. do., 1868, registered, 10955 a 10944; do, do,, do, coupon, 10934 a 10934; do. ten-torttes, registerod, 106, 2107; do. do., coupon, 10734 @ 108; da, fives, 1881, Togistered, 10674 a 10734 ; do. do., do, coupon, 1073 a 1074; do, four and a halfs, 1891, registered, 105 a 10514; do. do, do., coapon, 105 a 1051; do, tours, 1907, registered, 1011; a 10134. DRY GooDs IMPORTS, The imports of dry yoods tor the week wore $1,452,008, and tho amount marketed $1,653,495, Tho total imports of dry goods since January 1 this were $64,704,988, and the total amount marke! $65,159,189, THE FOREIGN MARKET, The London advices report consols and United States bonds steady and unchanged except for 1867's, which rose to 10734, and later decitned to 10733. American railway shares were firm. Erie proferred advanced 13¢ per cent, to 22, and Illinois Central % per cont, to 704. New York Central sold, ex-dividend, at 1013, and Erie common at 1134 a 114. To day is fortnightly settling day at tho Stock Exchange, At Paris rentes advanced to 1051, 42);¢., and exchange on London was quoted at 251. 15)s0. Bar silver was quoted at 55d, por ounce, and Germany has advanced the minimum price at which sho will sell tothat price, The closing prices in London were:—Consols, for money and account, 95}¢ a Y5%; new 44 per cent bonds, 105%; five- twenty bonds of 1867, 1073¢; ten-forty bonds, 107% a 107%; lives of 1881, 10744 a 10734. Ere common shares, 114; Erie preferred shares, 2234; Now York Central, 10114 (ox@vidend); Illinois Central, 7034. UNITED STATRS TRRASURY. The national bank circuiation issued during Septem. ber was $1,366,000, for which $1,061,000 in legal steamer City of Merida, and an illegal importauion of 682 cigars irom the steamer Columbus. Ali these oods Wore stored in the seizure room of the Custom Dorrickson, counsel for the plaintifl, to show causo Michnel’s Hospital in @ dying condition, Myor is forty-live yoars of age, tenders will be retired, leaving the Jogal tender cir culation outstanding on October 1, $356,915,000 The {CONTINUED ON NINTH PAGEI ———<—<——— 4 ‘