The New York Herald Newspaper, October 2, 1877, Page 8

NEW YORK HERALD, TUESDAY, OCTOBER 2, 1877.-TRIPLE SHEET. THE COURTS. An Illiterate and Careless Executrix Imprisoned for Contemp. MABEL LEONARD’S NEW ROLE More Applicants for Discharge from Matrimonial Bonds. LIFE INSURANCE DIVIDENDS. FRAUDULENT Adecision of much importance in reiation to the Fesponsibility of executors of wills and trustees gen- erally, and their liability for punishment for @ violar tuon of their trust, was yesterday renderea by Surro- gute Calvin. ‘Che case came up on # motion to punish Madalioa Hublin, late executrix of the last will and testament of Thomas Hublio, for non-compliance with & decree of the Court made ou beraccounting, whereby whe was adjudged to pay to Mary Grube the suin of $1,112. On the return to tho atiachment the tosti- mony taken sbowed substantially that the deceased Jeft a tenement house somewhat encumbered by mort- gage, anda business of purchasing and sale of tho broken meats of certain hotels in this city, and the general fragments remainiug irom thelr tables; that the \will as understood by the executrix required her to continue the business, soasto preserve it for ber eldost son when he snould come of age; that for some time she did continue the business, but, as she swears, it proving unprofitable she disposed of it, while there ‘was some testimony suowing or tending to Show that the business was profitable, She Admitted under oath that soon after the de- cease of her nusband, and in 1869, she drew from the sayings bank the sum of $1,182, the amount of a legacy bequeathed to her in the will; that she had Collected the renis of the house, bus bad expenued all Such rents and her own legacy 11 paying some debis Of the testator, in paying interest on the mortgage, making repairs upon the premises and ‘n the suppor’ Of berselt and children, 0 that she vad become eu- tireiy destitute of the meuns by which to pertorm the ecree, Below i# given that portion of the Surrogate’s pinion deciding the motion ou the question of pun- jabing ber for contempt:— 1: is true abe appears notto have kept any ac- count of her receipts and Gisvursements aud to ha greatiy neglected duty as executrix, yet l do pot douvt' trom the e © that she bus Without au- thority expended the money and 13 now without means tu comply with the vecree. Under section 4, 3 R. 8. (6 Ea.), 839, the prisoner may be committed to prisoa until such sum, with (he costs and expenses of ihe proceedings be paid. By section 20, same stutate, It is provided that if the Court shall adjudge tbe feiendant to have been guilty of tho mis- conduct alleged, and such miscouauct was calculated to or did deseat the rights of a party in a mutter pend- ing im such court, it shall proceea to impose a flue or tu imprison, or both, but 1m cese of inavility to perform the requirements imposed, the Court ordering such Imprisonment may relieve the person so imprisoued 30 such manner add upon such terms us it suail deem Just and proper. In view of this power testimony ‘Wus takeu upou the question of the accused beimy able to perform the requirements imposed, in order that the reliel might be afurded without the form Imprisonment, if @ proper case shoulu appear to have Deen made, though the scheme ol the statute seems to contemplate the commitment first, and (he relief to ve Bought thereafter. The natural repugaance to im- Prisouing a Woman makes this proceedicg peooliarly UaWeicome uuu cinbarrassing,yet While the law provides Jor her appointment to such places of trust 1 see no good reason why sue shouid not be veld to the same Strict accountability as males, lt very often occurs that an administratrix or executrix is called to account who bas used the funds of the estate for the support Of herself and (amily, entirely rogardiess of the rights Of creditors, und who seem to suppose tbat they have done right, But # still greater grievauce as well as inconvenience anses in Very many case irom the ab- sence of any account whatever ol the proceedings of the representatives of estates, resuiting irequentiy from their imavility to read and write, 1 am aware that it has been the custom of this office for many issue letters to wholly — iilierute aio with Very rare excepiions the settle- es they huve represented have beea attended with great expense, uncertainty, dis tion aud family discord, as weil as serious lo: view of these well known fucts, it seems to me that hencetorth the spirit of section of chapter 782 o! tue Laws of 1567 sbould be toliowed, and the discretion there coulerrea exercised as a geuerai rule, tor the duuger of granting letters to illiterate persons there suggested bas veeu fully realized 10 practice. Indeed, ibis sell-eviueut that where Lue law requires executors and administrators 10 render au uccouut of their pro- ceedings as such from time to time it presupposes them tw be capuble of keepipg and rendering such uc- cougts. Henceforth appitvatious for letters testa- mentary und adiinistravion by any verson unabie to Tead und write should be relused, uuless specially or- dered by the Surrogate. Ine prevalence oi trus- tees’ deiaications has impeied the Legisiature of this State to enact u law calculated, - VWhorizipg crimival proseeution, to euforce the honest pertormance by irusiees o: (heir delicate und respousi« ble duties, Chapter 208 0: tue Laws of 1877 makes th conversion to bis own use, of the [rauaulent witbbold- ing of auy money, goous, Droverty, rights 1p action, &c., belonging lo un estate or person, by auy person achbg us executor, administrator, Urustee oF guaruian, | embezzlement aud punishable by fue and imprison- ment itis desirable (bat this law suouid be calied to Ine attention of all such trustees, and bencelorta the letters issued should couta:n an 1udorsemeut by way of notice of its provisions. 1 wave deemed it to ve my duty to say thus wuch upon the general subject vy way of calling attention to the duties and respuusibili- ties of trustees in the hope ihat it may re- suit in am diligent, faithiul and honest administration of their Lrusis, Now us to the proper disposition of motion, the executrix may cougrat- ulate herseli that the law just cited is pot retroactive, J entertain no doubt on the evideuce thai sie ts sub- stantially Without (he means oO: periorming Lue decres iu this water, apd that ber imprisonment canuot aid the bepeliciary whose funds have beva misappropri- fied. And us the widow as dowercss bas an iuierest ju the premises tt seems to me that tual interest should be devoted to reimbursing the claimant, She should be Committed to prisva until she shull pay the BOM required to be paid by said decree aud 350 costs Of (bis proceeding, unless sbe shall execuie a reeuse Of 80 Wucb of er interest in the premises and to te Toots thereof as shall be necessary to cover such suns, MABEL LEONARD IN COURT. ‘Tne cuild actress, Mabel Leoaurd, and ner mother, Mrs, Rogers, aud her stepfather, Joba P. Rogers, ha ‘Detween them occupied for some me a cousideravle share of the attention of tho courts, [tts unnecessary to recite all the details of the case, they having already eon fully published m the Mexarv, fhe motner, who isan actress, placed Mabel in a benevolent institu. tion here durimg her temporary absence trom tue city. ‘The Society fur tue Preveution of Crueity to Children suosequently 100k charge of the Cid to prevent the wo.uer resuming custouy 01 her, and, pending habeas corpus proceedings by te mother, Judge Donouue piaced the cuild iu custody of | J.C. Herriot, husband of Clara Morris, wito whom the child bud acted ut the Uniou Square Theatre, Young Mabel escaped from Mr, Herriot # custouy, aud her mother aud sieplatuer were in Contemp: of Court. ‘phe stepfather Was committed to Ludiow Street Jail, from Wuiel be bus loug been sevking bis uiscbarge, | blaming Bis Iuuoveude iu tue Iaatier. Moaguime the | Mother and Mave! dissppeared aad weut West. On last | Suvarday wight, us reported im ihe Heraup, Mr. Jen- | King, Of tue Society for the Preventivn of Cruelty to | Children, arresied Yok mower anu daughter beaind | The scenes in # Brooklyn theatre, Whore Miss Morris ‘was periorining. Bot were kept m custouy unul yes terduy, When (bey were vrougut veiure Judge Dowo- hue, “Mavel, who was most Leatly dressed and weur- ing ber bat iu a very jaunty style ub tue wide ol Ler head, wus the ceucre vi geuerai notce, and the moter, Woo Was wiso most Lusteiully attired, catge in tor u large share of aiention, Mr. Delatieid, counsel tor the soc.vty, asked (hat in- terroxatories be fed lor the wotber to auswer, whica | was granted, aud ia Che meauliMe the moter Was re | mitted to the custody of the Kings county ert ty Bive ber time to arrange Ler Lousebold affairs, se. Alired Steckler, WLO appeured on Leal! of tue mother, fo the abseuce at Albuny of Mr. Willuum #. Howe, ner Cuausel, asked tbat the child be remitted to ihe cus- touy vi the Sueriff or to ver mother’s custody. air, | Delaheld moved o bave her sent to the Episcopul | House vi Mercy pending proceedings. Juaze Vovouue | Bald the child bad becn already taken ont of the cus- touy of the Court una it was best wow to place hur Where she cuuld nut escape. Tue case Was tuen ad- | Juurned tor Wree days, the child belag oruered wo the House of Mercy aud tho motuer buck to Brovki ‘With in#tructious that aller sue Dxed up Ler house matiers there sue Le remunded Lo the eusiouy of the | Bberiit of tis county. | When Judge Donohue bad announced his decision | he iwit the beucu wud the crowd gathered about Mavel wud ber mother, Mubel threw wer arms around her | mother’s neck aod Lung sobbing op her Vosom, Lhe | wotuer Kissed ler child again and egain, aud mingled | ber tears Witu Luvse of hor dauguier, Mavei cried vuc | tout Mr, Jenkius bad hunted ver down, und vowed pon bim, drs Rogers, tn indignant verms Hg Voice, descrived the activa vi the Court ae wn Outrage; said Liat she Was u Britioh subject, w wuuOUnCEd Ler iMiention Lo appeal Lo her goverut sum of $5,000 in the suit for limited divorce brought against bim by bis wife, Anna £. Gardiner, on tho charge of babitual drunkenuess and cruelty. Her counsel, Mr. James M. Ward, applied to Judge Van Vorst, in Superior Court, Chambers, for the order of arrest, which was not granted tillalter considerable ‘gument. The counselor stated that he applied tor the order ander section 549, subdivision 2, and section 650, subdivision 4, of the new Code of Procedure, ‘Toe chief authority advauced in the argument in suppport of the motion was tne case of Jame- Jemeson, decided at the Muy term of the ai Term o/'the Supreme Court, No tittle difficulty was experienced in arresting dir, Gardiner, and bis bouse, No. 129 Macdougs! street, was watched for several days before the aoputy sheriil could jay hands on bim, was leaving tbe house yesterday morning and about entering a carriage that aes) oitice, captured bim and took bim to the Serif where Mr. Gardiner turnisbed bail in the above stated. The prisover (ook bis ar philosophically. The details of the case are familiar 10 \me readers of the HuraLp, having been pub- lished in extenso on the 24tu of last mous, The ar gument on the motion for custody of the children, ali- mony and counsel’s fees comes up for bewring and di termination to-day tn Superior Court, Chambers. The arrest of Mr. Gardiner is said to be the Urst arrest in & divorce cuse under the new Code of Procedure. Ip the suit lor divorce broughi by Mary &. Jamesou against Davia F, Jomeson, in which the defendant in Jani last was arrested and held in $10,000 dail, Since wbich time be has been 10 Jul, Mr O. R. Dyatt, the defendant’s counsel, made » motion yesterday, at Spect rin, betore Judge Van Vorst, ibat ine case be tried at an carly day asa preicrred cause. Alter near- ing Mr, RL. Ransom ip opposition, Juige Van Vorst directed that the case be se: down for trial on the 16th inst, on condition that the a ant pay $164, wo amount sti!) due toward payment o! ex, Catharine Nolan says taat her ha Nolan, bas been upfaitatul to 4 bas accordingly brought @ suit tor divorce sguinst bim, wad Judge Robiuson yesterday ordered # reference in the case. PAY OF CLERKs., Acase of cousiderabie interest to merchants and clerks, as illustrating the careless manner in which contracts of employmont are entered into and the con- sequent suffering that may ensue on one side or the other, was tried yesterday belore Judge J. F, Daly, the Court of Common Pleas, In November, 1875, Mr. J. W. Brink was engaged as salesman by Fay, Hazea & Co., wholesale mercuants on Broadwa; The con- tract wasto commeuce in January, 1376, and w run for two yeurs at $2,000 per year, This contract or memorandum wus sigued by Brink and nov by the firm, A few weeks afterward the parties made 4 wew writing on the same piece of puper that contained tue original contract relative to tne compeusution of Mr, Brink, relating to g cargo of ® depariment in their store, utter memorandum was signed by Fuy, Hazen & Alter Mr. Brink began work the lirm, as 4 matter Of accommodativa, paid him sewi-mouthiy moneys to When these payments ceased iz . Brink, consiru- ing them &s @N agreement to pay Lim semi-monthiy, begun suits every two weeks for the mouey allyged to be uue, uatil tour suits bad been commenced, euch vigorously resisted by the irm. In ove ol the suns tried in the Eigutu District Court judgment was en- tered for Mr. Brink, but on appeai the General lerm of the Common Pleas reversed it. In September, 1376, during the pendency of those suits the ira aicharged Mr, Brink on the ground that he forieied bis place vy Luving brought uusounued aud Vexutious suits, The present suit wus for $4,000 dam- uges, Mr. Amos G, Hull, counsel for tbe firm, con- teuded tbat the coutract was void under the statute of frauds, and could form no busis lr a cause of action, Judge Daly ruled that the ¢wo instruments togethor would take the case out of the stutute, aud deuied the motion to ‘dismiss on this ground. When the plainut’s evidence was uil iu Mr, Hall, baving first put in proof of the pendency of the various suits brought by Mr. Brink, renewed bis motion on the ground that the conduct o bir. Brink to bringing te Suis was inconsistent with the duty be owed as a fuithiul servant of bis empioyers, Mr, Coursea repiied iu oppositiug, but Judge Duly granted the motion and dismissed the case, WILLIE DAW, THE ACROBAT. Wilke Emmerson, better known as Willie Daw, the young acrovat, seems to be the bone of unrelenting Contention between his parents, the Society tor the Prevention of Cruelty to Children and bis acrobatic instructor, In 1872 his parents, who live in Sau Fran- cisco, mdentured the boy to Howard Daw ior four years, to be taught trapeze and gymnastic perform- ances, Alt the expiration of the four years Willie, who pertorms under the name of Willie Daw, having become ap expert acrobat, his parents, througn tue society, applied tor lus custody, and a writ of babeus Corpus was sued out. Judg: Donobue referred the mater to Mr. William Sinclair, be exumination shows wat the boy was kingly treated, Dad been tuught 10 read and write by Mr. Daw, and upon a physical ex- amination ne Was prouounced beaitny aud xouad, Mr. Peter Mitchell asked Juuge Douobue to give the cus- tody of the bey to Sir. Daw, claiming thut parenis who would indenture their cbild at au oarly age to un acrobut perforiner were uot ft persons tor the cuilu’s custody; that after they bad parted witb bim for tour rs aud be bad become attacued to Daw it was cruel to tuke Lim uway,'aud that the boy being excvedingly Precocious bis Wishes Ougot vo be consulted as to with ‘Whom be would ratuer live, be prelerring to stay with his ucrobauic imstruciur. ‘Mr. Deiaileid appeared for ‘Ube suciety, and in order to furtuer examine the child by the Court the matter was adjourued until morning. A COUNTERFEIT TRADE DOLLAR. Jono Shaunon was getting bis bots blacked close by the candy stand of pliste Beonol: wen the latter improved the occasion by inviting Mr. Suaunon tw buy a stick of candy, Shunnon said he would if tue | Italian could change a dollar, ut the sume time haud- ing him a trade dollar, ‘The Italian went to get change, and, as he suys, discovering the dollar to be u counier- felt, had Susunon arresicd. ‘The laiter said velore Coumissiouer slields yesterday tuat be had no knowl- edge that (he doliar was bad, aud that if the Italian had come back to bin and told bim so be would Lave given bim auotuer. “Mo you understand English well?” inquired Gen- eral Foster of the Ltulian, during tue examination, “No, ine sick in my ear,” was the reply. ‘The evidence was found wholly insuiliciens to sus- tain ube charge of any guiity knowledge ou tue pars of Dir. Shannon as to the dollur being 4 counterten and he was dischargea, TRIALS OF A bLOG CATCHER, Thomas Butier was recently convicted in the Court of Special Sessions of wssauit and vattery and « tenced to teu days’ imprisonment and to pay a five of $10. His counsel, Sir. Jobu U. Mott, vbtumed yester- day trom Judge Barrett a writ of certiorari wih a view to carry the care to the General Term tor renewal und from Judge Dououue a writ of baveas corpus and an oruer gumitting We prisouer to bull peuding tue Lear. tog at the Geverul Lert. Butler was a dog cutcher gad employe. au assistant wav captured ue dog of Anthuuy Green, a barber, who, ou seeing his lavorite and, With razor in hand, undertook to recapture bi: dog. Butler knocked down the burver, hence his ure rest. He wus couvicteu on the yrouud that be vad uo Tight under the order to employ # deputy, Mr, Mott insists (hat this right belongs as mucu to a dog catcher us to a sueril, AMERICAN POPULAR LIFE, Mr. Edward L. Lawrecce, receiver of the American Popular Lie lusurance Company, was yesterday, on application of Attorney General Fairchild, directed by Juuge Donobue to bring suits agains: various stock- holders to recover dividends alleged Lo bave vecu ille- gaily paid to them. Mr. Lawrence states tha: an ex- amination of the books of the company shows conciu- sively that tue same had Leen imsoiveut tor a ong time previous to Lis appointment as receiver; that the company had at iutervais declared divideuds on the Cupital Stock aud paid such dividenus to stockholders oul of moueys ialsely preteoued Ww luve vee earned by the company, uud that a number oi persous wuo bad been applied to io reiumd such payments bad re- fused todo su. He gives a list of the ulieged derelict parues, aud agaist such the orders to bring suit was granted, DECISIONS. SUPEEME CUUKT—-CHAMBEXS, By Judge Lawrence. Roosevelt Hospiial, &¢., vs. The Mayor, &c.—The couusel tor the defendaut refers im his supplemental points te the case Of 34, Joseph's Asylum, reveutly decided by Courtof Appeuis, and clauns that tue Gecision iu Liat case disposes of one of the princi; poinis iuvoived in the use betore tke Court, the o referred Wo does Lut uppear to be reported and 1 aes & copy of tue opimion, if counsel cau furnish It Rutger, &e., ve, Rater, &—Assuming that the Jewrued counsel or Lue defendant is right im contend. ; log that tue questions iuvoived im this action, aud tn (ue suit im tue Court uf Cuaucery of the state of New Jersey, are the same or substantmully the same, 1 um of the opmion that ihe motion lor leave to fie @ supplemental answer showid be denied for the reason that the action iu this court was Commenced tirst, The role te that Where there ure (Wo proceodings pending between the Same parties of the same caus ction the proceed: 1048 first Commenced ts u bur t beu vs, Lyou 16, Bart, 461.) (4 Bosworth, 6u¥) referred to by counsel the Court re- fused to pass upon tue question of the suiticiency of the inaster proposed to be picuded tu the suppiou ewer because it depeuded upou a question of proved. Here the question of eulticiensy is necessariiy for protection. “Il bave been Lounued irom place to pluce by the officers of this society, wh deavoring to Obtain ao honest iv ehtid.”” She called Upon tone a She outrage, aud suid tual sue Would obtain redress, bo matter what trouvle and wouey it mignt cost. Sue | said, most deantly, that ber douguter suould not be Separated from her, uud ‘hat wuere ove went both would go, When the olficers came tu remove them the Mmuther felented, and telliug Mavel uot tocry, wey went their different ways. dicautine Judge Douonue directed the discharge of Mrs. Rogers. THE DIVORCK BULLETIN. | Mr, John M, Gardiner, of the Atlas teamsnip Com. oue of law, aud Uuuer the decision im 16 Burt, above | cited, the matvor proposed to be pleaded caunot ve & bar (0 tiie action. Motion domed, with $10 costs, Matter of (ne Last Will, &c., of James Koster, Jt, &o,—HKeport of reierree contirmed, with costs, Opinion, Halsted v8, Leaman. —An aiiowanee of tive per cent ou the amount received is grauted to dewodant, Memorauvuw for counsel, Tue People ex rol. Miller va Smith avd otuers, ke, — The Urs excepuon taken by the respoudente to the writ cannot be sustained, The writ expliciiy states that the individuals addressed constituic tue Bourd of Police Commissioners, @ud it 18 addressed wo them as such Commissioners’ I do not regurd Ut argumentative iu the respect claimed b. Spondenis’ coun All Lue Olver exeeptio pany, a2 arrested and Leld to bull yeotoruay in the 0 relase to iatters Which cuu be more appropriately dis Canine being carried uway, leit a customer bail snaved | | all the facts Of the case are belore the Court, and ! do not ieel dis- posed to pass ou the question sought to be raised on a mouon to quash. Motiou denied, without costs, By Judge Barrets. The People ex rel. O’Brien ve. Board of Assessors; Miller vs. Board of Assessors.—Tbe settlement of theso orders can pow be brought up op notice to the Corporation Counsel. By J Dovobue. Gevensen, &c., vs. The Red Ly Company; Thauic va, Krekeler.—Moti Smith vs, Overmanu.—See paris marked to staud. ‘ In the matter of Dickie, &c.—Grantod, By Judge Westbrook, Lewenstein vs. Roverts, Jr.—Motion to vacate arrest granted, with $10 costs, ip the inatier of Schualbe,—Motion granted; James D, Fisk appuinted trustee. ‘Sparks va Ingrahum.—Motion granted. Helmke vs, Packor.—Bau reduced to $1, Gauo vs, McCann; Wright vs. The Mayor, &c,—Or- dere granted, SUPERIOR COURT—SPECIAL TERM. By Judge Freedman. ‘Wyman vs, Blumgart et a). —Motion denied. Weed vs. Mac ln rg filed; judgment affirmed. wstero Ugion Telegraph Company vs. Harrington (he injunction wt present in foree should be continued until trial, with $10 costs, to de the i. But any of defendants who will ecule ‘stipulation roferred to in the supplementary sug ‘Transportation denied, ; other etal. ons handed up by plulutil may, as against them- es, have the injnuction so far modified as to be able to proceed with suits already pending. Order to be settica ou motion. By Judge Van Vorst. Welsh vs, Skidmore ot al.—Order settied and signed. McKelvey vs, Lewis,—Motion denied, but without costs. Opinion. By Chiet Judge Curtis, Croker vs. Croker. —Urder signed. Anderson vs, Wetzler.—Motion that defendant make certain statements and allegations iD upswer more definite and certain granted, with costs of motion to plaintiff to abide ovent of suit, COMMON PLEAS--SPECIAL TERM. By Judge Robinson, The Juvenile Guardian Society vs. Roosevelt,—Com- plaint dismissed. Yhe Exchange Fire Insuravce Company va Early; Colwell vs. Keefer; Nolun vs, Nolau.—Retferences or- dered, in tho matter of Fairchild, Hill & Co.; Hogar vs, Duin; Hogan vs. Lawson; Hogan va, Lantry; Haten va. Wieks.— approved, Noiting vs. Grass, —Order granted. MARINE COUKT—CHAMBERS, By Judge McAdam. Rirschberg vs. Davis.—The detence of accord, with- out tender of satistaction 1s defective (C. T, Kingsley, Edm. 1,143).—Uhe motion for Judgment granted. Gee imsiead.—Tbe supplemental order werely affects moneys due on the 4th of September, 1877, the day vo Which it was granted. Seo Merrian vs. Hill (vol 1 p. 260 Weekly Digest). The defendant will the fore be required to eubmit to 4 further examination ‘on the 8th of October at ten A. Al., aa to what portion of the money coliected was then due, Adams. ve. Valentine; Wight va, Bickiog; Gra vs Bluke; Redmond vs, Byrnes; Pearsall vs, Mal- colm,—Motions granted. Byrnes va, Deleyer.—Motion denied, without cos: Willard vs, Coigate.—T! book account and ring must be transferred and delivered over to plaintifl, Leshe vs. Moody; Hart vs, Connor; Low va Ely; Rice vs. Bann; Wiiliams Connolly.—Orders set- ued. Coyle vs, Rellly.—The evidence justifies the ap- pointment of u receiver, Joho 8. McWill, Cary vs. Wilhamson.—Delendaat fined $10, to bo paid on.or before October 3 and ordered to uppear Oc- tober 8 at two P, M. Zucca.—Motion granted for October Ferguson vi 19, 1877. McCallum vs. Lamgan, ; Witdack vs. Kalisch (two cases).—Motions granted, Wedemeyer vs. Vincent —Arreat vacated, Sterling vs. Stewart.—Dismissed, Prendivlo v3. Cavanagh; same vs, Le Grand; Same va, McGibney.—Judymeuts, The Great Ceancil of the Improved Order of Red Men vs. Erbart.—Jadgment for piainwuff on demurrer. Bogart vs. Davidson; Keiler va, Foote; Harrison vs. Roche.—Delauits. Linaaer vs. Boyian,—Decision filed. Mullen & Renm; Lewis vs. Soloinon.—Sureties ap- proved. SUMMARY OF LAW OASES. A seduction suit has been brought by Andrew Nolt- ing against Locis Grass, and the defendant, who is a minor, yesterday obtained an order trom Judgo Robin- son appointing bis father guardian ad litem, ‘The Supreme Ccurt, General Term, yesteruay, after hearing some important motions, adjourned till next Monday, The adjournment was to allow the judges opportunity to attend the Judicial Conveution to-mor- row in albany. On application of Mr. Peter Mitchell Judge Barrett yesterday granted an order to show cause why the Musical Protective Union of New York shouid not re- store to membership Giuseppe Mazzocapi, ‘The ¢-der was made returnable to-uay. Awrit of habeas corpus was granted yesterday oy Judge Surrets, on uppiication of Mr. H. U. Deuisou, requiring the Catholic Protectury of Westchester couuty to produce im Court Catherine aud Mary E. Fitzsimons, respectively eight und ten years of age. ‘These children, it 18 alleged, Were taken up as vagrants, ‘1c 18 vow cluimed that they strayed away irom home without their pareats’ knowledge, The case was set down jor a bearing to-morrow. ‘Tue trial of @ suit brought by Duncan McCail against tern Union Telegtaph Company was coim- yesterday tm the Court of Common Pleas. ‘The action is brought to recover $1,200 dumuages for the nou-delivery of a telegram, wherevy the pluintifl, as be alleges, ios, bis commision ior tue cuarter of two ships, The defence is that the damages are too remote, usd that the telegram was uot repeated, as required by the rules of the company. In the case of Henry W. Thaule vs. Margare: M. Krekeler tor maucious prosecution, in which the Jury gave Thaule a verdict of $3,500, a motion was made by her counsel, ’eter Mitchetl, for a new trial, and op- posed by D. M. Porter, counsel tor Thaule. Judge Dowohue yesterday rendered bis decision denying the motion, witu costs to be paid by Mrs. Krekeler, Some me since motion wes made ‘ore Judge Lawrence, in Supreme Court, Chambers, to quash a writ of mandamus to compel the Police Comminsioners to pay Sergeant Miller two months! salury. ‘he mo- Uiou Was argued by Mr. McClean on behulf of the Police Commissioners abd opposed by Messra, Grant and Ly- decker ov behalt of Sergeant Muller, Yesterday ihe Judge rendered a decision in favor oi the Sergeant. iu moat of the State courts yesierday, it being the commencement of a new tert, very little was done beyond cailing the culendars aud arranging days of trial. Ail the judges put 10 @ prowpt uppeurance, and the improving eifects of their three months’ vacation was piululy visible in tueir bronzed complexions and Ube renewed euergy with which they eatered upon the discharge of their judicial duties. It was a general * of congratulatory Landsbaking all around. Uoder the Will of the lute James Foster, Mary £. Wuittlosey wus leit $30,000, whic executors of her father, vot wishing to baye the care of it, transferred, by order of the Court, to Authony L. Hoguet and Andrew ©. Geity. Alter @ time Dir, Hoguet pesitioned the Court for bis discharge, which Was uranted, 1t18 now claimed that $20,000 of the money was lost through accepting worthiess securl- ties und votes. Mr. Hoguet having died suit was brought by Mrs, Whittlesey against bis executors for the alleged dedciency, Phe Case was reterred vy Juoge Lawrence and the reteree reporied tas the executors of the late trustee were liable. Judge Lawrence yes- terduy couflrmeu this report, In bis opinion he con- Siders that wuatever wroog may bave been dous by Other parties Cuut tue claim was Clearly u jast one. GENERAL SESSIONS—PART 1. Betore Recorder Baskett. MALABIAL ATMOSPHERE OF 1HE COURT ROOM, Opening the proceedings yesterday wus a charge to the Grand Jury, Recorder Hackett, after giving his Views i regurd to the fraads perpetrated by saving bauks and their duty in regurd to fioding indictments against the derelict officials, which is published else- where, called the attention of the Graud Jury to cbap- ter 371, Laws of 187, aud chaptor 207 of the Laws of 1974, aud went on to say that on three occasions grand juries, aiter experiencing the vile, pestierous and malarial atmosphere at all times of Part 1 of the Court and surrounding rooms devoted to the conflacment of prisoners awaiting tial, witni friends of the accused, had place as @ nuisance. The court room was con- | staatly crowded with spectaiors desirous of hear- ing the testimony im sensations! cases. The prison pen was often Niled with os mavy as sixty pris: overs brougut frum tbe Tomus, whose clothing reeked With ditu und exbaied offensive odors, which increased the poison in the alinoaphere and disasirously effected the heaith of every person compelled to inhale iu, No one frequented the court room constantly wituoul fering serious loess, and during the which be bud houvor tv vecupy the benca his erely, aud emiuent physiclaus v: Juuges Sutberiand and Gidersle District Altoruey, Who were compelled to basive: iu tbe court, suflerea irom the poi- sonvus atmowpnere as severely as he did. The Boxrd of Aldermen bad the power wo redress this wrong and give the judges of this imporiant court decent rooms by allowing to their uso the first fluor of tue building, where proper venti- Jation could be obtuined, Although tue bailaing was erected expressly as u Court of Genoral Sessions the Aldermen had, 1of sume uuaceountadle reason, aa- signed one branch of the court vo a rovia 135 feet from Tuy ground wud tutned the judges out of their com- paratively accessible chambers into rooms approached confined stairways, traversed annually by hun dreds of thousande of persous who left unmistakably filthy traces of their presence. In conclusion, tha i Jury to examine the iwatter found the placo to ve, as he had represented 14, unde to be occupied us a court room, to express their opinion in a presentment, Ihe Grand Jury ten retired, REMANDED FOR SENTENC®. Fredorick Buckinguam was orraigned for trial by Assistact District Attoravy Mell, charged with having forged a check for $6,548 78, whieh purported to have been drawa by Messrs, Hatch & Foote, No, 12 Wali street, on the Phoewix National Raak, and indorsed by } ‘be Mutua! Benett Life Insurance Com- the buokkeeper of that institution, W. H. The check was preseuted to the casnior of the Le National Bank and the forgery was detected, The prisoner was arrested aud taken to the Tombs, and was at first supposed to be Chauncey Johnson, # well known swindler, but the supposition proved to be in- correct. On motion of Mr, Bell the prisover was re- for sentence. GENERAL SESSIONS—PART 2. Gefore Judge Sutherland, Tne Court was occupied during the day with » pum- ber of minor cases, the most impertant being that of Ann Rosenbercher, of No, 36 Bowery, who 18 cbargea with the larceny of a gold watch and cbain oa the 1otb of September last The further hearing of the caso will be resumed to-day. THE RING SUITS POSTPONED. The adjourned circuit for January, 1876, of the Supreme Court, which was postponed until yesterday for the purpose of tryiog the Ring suits, was furtber postponed until the first Monday in Decembor. COURT CALENDARS—THIS DAY. Supreme Cocrt—Uuamunrs—Hold by Judge Bar- Tett.—Nos. 67, 10d, 110, 122, 116, 128, 119, 134. Cail from No 138 up to und including No. 200, Surremx Court—Guneral Term —Adjourned unit) next Monday, Sorgeme Coort—Speciat Tenu.—Held by Judge Van Vorsu.—Law and Fact.—Nos. 501, 48, 554, 556, 661, 666, 569, 570, S71, 1v2, 604, 572, 575, 574, 575, 576, 677, 578,'579, 680, 681, 582, 683, 684, 545, 586, 587, 554, 589, 590, 591, 592, 503, 594, 595, S96, 597, 599, 600, 601, 02, 603, 6U5, 606, 607, 605 610, G11, 612, 613. pUPREME CouRT—Cinculr--Part 1—Hela by Judge Dononue.—Nos. 452844, 1, 2719, 3389, 3413, 4535, 3577, 8175, 8273, 3863, 3431, Bb 433, 1351, 3673, 8641, 3861, 8495, 105735, 777,” 3887, 2184, 1495, 17, ‘B11, 9125. 1160, 2693, 1558, 2647, 1548, 804, 459, 2464, 162144, 172046, 775, 4680, 1726," 1834, 1076, 1959, 48445. Judge ‘Lawrence, Nos, 2474, 1398, 1944, 4860, 2402, 2160, 1744, 2162, 1092, 2500, 160s, 2616, 2688, 2086, 2430, 212%, 257d, hdd, 393, 3022) 600, 2256, '2634, 4076, 4964, "Pars 3—Held vy ‘Judge Van Bruot—Nos loves, 413, 419, 433, 953. 1798, 100214, B70; 007 4, Bus44, 1603, A201, 1428, 884, 3720, 611, 4583, Levi, 4373, 656, 2175, 2101, ComMoN PLRas—GhwxkaL Tknm.—Adjourned until first Monday of November, Commo Preas—Equity TaRM.—No day calendar, Common Pivas—lRiaL ‘tanM—Part 1. —Adjournea unt Monday, October 8 Mart 2—Held by Judge Larremore.—Nos, 143, 229, 1285, 587, 761, 664, 1769, 1820, 1921, 1922, 1393, 1324, 1925, 1828, 1927." Pare 3— Meld by Judges. Duly.—Nos, 130% 1300, 1910, 4247, Scrgriog Court—GexxraL Terw.—Adjourned until first Monday of November, Sorexion Court—SpuciaL Texm—Held by Judge Freedmun.—Nos. 4, 45, 50, 4. Supxxior Covrt—txiat [keM—Part 1—Held by Judge Speir.—Noa, 338, 270, 519, 16, 272, 94, 95, 97, 99, 102, 103, 104, 10, 109, 110, 11, 112, 118, 114, 119, 116, 117. Part 2—Adjourned until next Monday. Part 3—Held by Jadge Santord.—Nos, 4, 397, 470, 65, 66, 69, 72, 74, 75, 76, 77, 78, 81, 82, 83, 84, 86, 88, 90, 91, v2 Maxine’ CounT—Tkial. TRRa—Part 1—Hield by Judge Simnott.—Nosx 1666, 1613, 1692, 1693, 1766, 1770, 1774, 670, 1776, 1779, 1790, 1644, 1607, 1814, 1609. Part 2—Heid Part 2—Held by Judge Sheridan.—Nos, 1626,' 2137, 1488, 1278, 1971, 1164, 1622, 1935, 1733, 1744, 1015, 1791, 1793, 1523, 1870, Part 3—Hoid by ‘Judge ‘Alker.—Nos, 1860, 3502, 1561, 1853, 1440, 1786, 1138, 1797, 99034, 1862, 1865, 1866, ‘1867, 18b8, 1849. CouRT OF GENERAL Skssioxs—Held by Keoorder Hackett. —The People vs. James Schofield; Same va, Francis Shields, felonious assault aad batter; vs. William Jonngon, g erick Shufler, recerving ‘Sume va. Goorge Rullman, assault and battery; Same vs. Tilford Stuy- vesant, assault and battery; Same vs James Simpson, felonious assault and battery. KINGS COUNTY GRAND JURY. The Kings County Court of Over and Terminer or- ganized yesterday, Justice Dykm and Associate Justices presiding. The following grand jurors were empaneliod tor the term:—Stepben Vauderveor (fore- map), D, D. Burnett, Thomas Glover, Smit Berian, Phineas C, Pearsall, Michue! Byrne, John G. Jones, Jacob Ryerson, P. W. Kenyou, Alexander 8, Chad- wick, Michael Parsons, Edmond Butler, Jumes N. Knapp, Jobo 8. Murray, Samuel N, Stebbins, John Errickgon and William Byrnes, joreman of the jury was sworn in conformity to Code of Procedure with uplitted band, The tutory change was made by the Court, and thi Fetired to deliberate upon the business to be presented for their consideration, BROOKLYN THEATRE F{RE SsviTS. In the Supreme Court, Circuit, Kings county, yes- terday, the case of Josephine M. Veith, adminis-" tratrix, against Sheridan Shook, and the suit of Kate Klenshiow, administratrix, against the same defend- unt, were called for tri etore Justice Dykinan, Tho actions are brought to recover damages in the sum of $5,000 each for the loss of plaintiffs’ relatives by the Brooklyn Theatre fre, December 5, 1876, COURT OF APPEALS. NEW BULES FOR THE ADMisSION OF YOUNG MEN TO PRACTISE IN THE COURTS OF REC- ORD IN NEW YORK STATE. Auuany, N, Y., Oct..1, 1877. In Court of Appeals, Monday, Oct. 1, 1877.—Present, Santord E. Church, Chief Judge, aud Associate Juages Rapullo, Andrews, aad Earl. No, 99. Pottor vs Carpenter.—argament resumed and couciaded, Owing to the sickness ana absence of other mem- bers of the Court tne Court adjourned till to-morrow, a quorum not being preseut. COURT RULES. The following rules were udopted in the Court of Appeals September 28, 1877, and fled in the office of the Secretary of Stato, as provided by section 57 of the new code of civil proceaure:— Ordered, that the following amended rules for the ex- jon Of persons to practise ws uttor- neys and counsell im the courts of recurd im this Stat be and the sume ute hereby adupted in pursuance of tue provisions of the code of civil procedure, all the judges concurring -— ‘Firel—=No person shail be admitted to practise as an at- torney or counsellor in uny court of record iu this state, except as provided in theve rules, without » regular ad nse vy the supreme Court, ut o of, alter a satisiuctory exuminution judges of such ¢o. or by wt least wen yenrs' standing fat the first geners ctive departments. The examination nay bo re- Vourt, wud v. ies for any be supplied durin the i to un examination attorney he must prove to the Court -First, that he isa citizen of the United States, twenty-one yeurs of uge and a Fesident of the department within which the application made, aud thut he has not been examined in any oth Ucpartiment for admission to practive 1 mission anu liceuse within thr months linmodiat inz, which proof may be oud, thut he Is a pers of the attorueys with whom he but such certificate shall not be concluvive, be sutisfied on this poimt on exuminu: erksbiv tion hird, that he has served the or pursued the the rules ad inquir, proved aie was served, oF, in vase tor: the time of stu any p jerkship, many Oi tbe. encher or president of t Stractions the person bas stu t fidavit of the applicunt the proof must be satisfactory to the presiding juuge of the court, who alone shall make the order uilowiny « reduction from’ the regular term of clerk- Ship by reasou of sucn svudies. Third-—No p-raon shall be admit ap attorn niess he ot three y ne Court. eof one yeur shall be mad uates of uny colle, exceeding one Allowance, aud two yesrs lor other applicants, actually spent in regutar .teeudance upon the law lectures or the to an exami 2s 4 regulur clerkship icing wttormey of the fur giMduutes receiving the furexoing Taw school connected with any colleze or university uf this Sta uided with competent pro- tessa tow o ction is regularly xiven, shall be ullowed in lieu of an equal period ot ip iat the office of w practising attoruey of the Supren But iu no ease shall anapplicant be en tion 4sun attorney withuut having the office of a practising attorney 0! the period of ut least one year. Fourth—It shail be the duty of attorneys with whom » menced to file wcertifieute of the sume in the ollice of ths Clerk ui the Uoure ot Appeals. ‘The clerkship shuil ve deemed commenced trom the time of such fling and a vertilied copy of the gertilienty aud of the filimy shall be produced at the time of the applicution clerkship shall oe co F examination and admission provided for in the previous rule shail entitle tie applicunt to u license to ractise we attorney only, At the expiration of two yours Fromm the time ol hiv admission us attoruey ie may apply to the general term for exumination as a counsellor, Upon such upplication he shall, by his own affidavit: or otherwise u vourt that durt mitted ae s provided in rue uty of Ul o an exnmina- nt to be mude by the judges holding the mittee ax provided iu rule 1, and if watln- wilde: court or by fuctory to Heense him to practice ws a coun son admitted ws an att practice ay an avtorney Start who Any per. been uduitied ws uttorney Stute may be admitted to if they have served ti: Gourt of this entitled clerasinip as practised law after eluding th not in the y und alter such ply HOF wdiaieion to wu bo licensed as in case of s counsellor an other applic |b iNoemie_Any porson who has beon admitted and has prac tree yours as au attorney and counselior in the high. est court of law in anotaer State, may be admitted and Heonsed without exau n other qualitications requ duce & Jetter of recommendati y th ship shall expire duriug the term at which apptt made the appilcant may be adwitted on auy day im, The same por) time suail not be duplicuted tor ‘The judges of the Supreme Court may e Fesbective exuminn: either of both to be ia [oront purposes. adopt reguinsions for eonductiu nd may reqitice « portin icing. wink —Theso rales shall take elfeet on the first day of Oc- tover next. The following 's the calender tor Tuesday, October Bim Nos, 147, 149, 24)q, S44, 954, 150, 101, 109, | neither did any otner repr THE CRUSHED TRAGEDIAN. & LARGE AUDIENCE BUT NO PERFORMANCE IN COURT. From the publicity given to (he announcement that an order haa been gravied oo application of George Jones, widely known as George the Count Joanues, directing E. A, Sothera to show cause why he should Lot be restrained from giving further representation of “The Crushed Tragedian”’ at the Park Theatre, and that the case would come up for « hearing yes- terday, in Supreme Court, Chambers, it could hardly be expected otherwise than thas the court room should be densely crowded ‘To those who bud ever seen the Count there was a sirong desire to gaze upon the lineam: nd make-up of the man. Very many doubtiess supposed that Mr. Sothern would be there, and if ne really 1s personating the Count, as tho latter alleges, tal lessons trow the living teacher. Mr. Sothern, to: r, did not sbow himese! a ntatives of the Ti art pul im ap appeurance. The Couot was there and early (00k his seat at the table tronting the bench. It bemg the opening day of the term ab immense number of motions were waiting disposal aud occupied the time till a recess was taken. “1 wouder if that really is the Count?’ was uo oft Tepeated question, as the latter took up bis hat aud bundie of papers and withdrew to the vosiibule, where he waiked up and down lor some time as uncusy @ caged lion, ‘Why, of course that’s not the Count,” could be beard in respouse to such inquiry; “it’s Sothern, playing off the Count, aud he'll uo it to Ul fe. The Whole Using 18 one of Sothern’s irrepressiL! “Your case bag drawo a lurge crush,” observed a puaster to the Count, es,’ he replied, ‘they como to sce the un- the crushed, ’? Ol the cou ery bit of stand- ing room was occupied. A long aud tedious argument tu the matter of a motion to vacate an order of arrest eusued, and finally there was taken,up the intermin- ‘bio Sargent-Miller case, it hear no other case to-day,” said Judge Barrott. ‘Will my case be the first to be called in the morn- ing??? asked the Couut in bis blandest tones. “I don’t Know,’ replied the Jadge sharply. The Count then left the court room. ALLEGED BREACH OF PROMISE. A rotired jeweller named thomas Barnard, recently im business im New York, and residing at Armonck, town of North Castle, Westchester county, 1s now in jailat White Plains on a charge of sevuction under promise of marriage pending an action in which dam- ages ure laid at $50,000. Kate Markey, the plaintiff in the cuse, 18 a resident of New York, where sho at one time did business as a costumer. Accord- ing to the compl the defendant in the yeur 1868 became acquainted with her, and assuring her that he bad been married, out had procured a divorce trom bis wife, misled ner under @ promise of marriage. ‘fhe parties lived together as man und wife from the time meatieard up to about a year since, when the pluintif alleges she discovered that Barnard pad a wite living. Although two children were born to them the piaintill alleges that the defend- ant always ude some excuse for delay when 5| ‘treated him to faidi his promise to formally make her bis wi It seems that about ten years ago the de- fendant purchased a home at Armonck, and for ra aiterward visited his iamily only once a week, pleading attention to bis business as au excuse lor re- maining Ove vights out of seven in the city, twelve months ago he rei:red jrom business in New York and went to live altogether with his family. Buroard ts about fifty-five years old aod has grown gong and daughters, most of whom are married and move im respectable circies of society in the upper portion of Westchester county. He was arrested in nis own house a might or two ago by Deputy Sheriff Banks, on a warrant issued vy Jus- tice Donohue, of the Supreme Court, the bail being fixed at $2,000, On being told the cause of the arrest by the o: rt, in response to her inquiry, the wite of the defendant repliod, ‘It serves him right.” Bur- para, it stated, acknowledges the pateruity of the two chil alluded to, but denies that be ever Promised marriage to the plaintiff. The affair bas caused qaiten tion in North Castle, AN OPTICIAN ROBBED, Israe} Kabn, an optician, of No. 74 Fourth avenue, and un exhibitor io the American Inatitute Fair, pecting that he was the victim of thieves, secured the services of an officer of the Nineteenth precinct, who arrested Kabn’s clerk, Gustave May, aged seventeen, of No. 965 Second avenue; William Fubr, of No. 980 Second ue, and Eimil Schultz, of Nu. 636 Third a nue, a8 concerned 1m the stealing of $60 worth of Kaun's goods, The prisouers were held in $1,500 each in the Filty-eeventh Street Cours yosterday, EXPENSIVE LIQUORS AND CIGARS. Jonn Leahey and Oscar Peterson wore arrested on Sunday night, oa the corner of Sixth avenue and Thir- Ueth street, with a quantity of liquor and cigars, for the possession of which they could not account satis- factorily, and were taken to the Thirtieth strect sta- tion house by Officer Stewart, of the Twenty-ointh precinct, It was subsequently discovered that Thomas Curroli’s liquor store, No. 468 West Thirty-secoud street, had beeu entered by burglars, and the property found in the prisoners’ porsession was clatmed by Mr, Carroll, Leal and Peterson were committed by Justice Bixby in default of $1,000 bail each, MARRIAGES AND DEATHS ENGAGED. Fetpmax—WAtter.—Mr, Puitipp FeipManx to Mise Pauuixgs WauLer, both of New York. No cards. Lavey—Borck.—Mr. Mircuunt Levy to Miss Ma- THILDA BoRck, both of this city, MARRIED. Davis—AvAMs.—At Brooklyn, Monday, October 1, 1877, by the Rev, Adam McClelland, Euwiy A. Davis to L, di, Avams, daughter of Tnoeopbilus and Octavia Adams, stepdaughter of W. J. Jennings and grand- daughter of the lute Turner Maddox, Esq., of St. Louts. No curds, St. Louls, Louisianna (Mo,) papers please copy. GuxmeLi—Prarr.—Ou Wednesday, Sepiember 19, 1877, at the residence of the bride's ‘parents, by the Rey. Cornettas Brett, Wituiaa A, Gear. with Clana ©., only daughter of Rollo F. Pratt, ali of Jersey City. No cards. LxvrixGwett—Camreect.—On Monday, Soptember 17, by the Rev. Dr. Estes, at tue residence of the bride’s sister, Wituiam H. LervincweLt to Essir J. Campsect, all'of Brookiya, Many——Conovur.—On Wednesday, September 26, at the residence of the bride's futher, by the Rev. Mr. Hegeman, Joun L, Maxy, of Brooklyn, N. ¥., to ELiza- et V., daughter of W. E. Conover, ot Freehold, Parsca—Loomis,—On Monday, September 24, at New Haven, Jouy P. Persou, Jr., to Fiowa B. Loomis, No cards. Prart—Sackert.—On Thursday, September 27, at St. Michael’s Church, New York, by the Kev. Thomas M. Peters, D. D., andthe Rev. Gorge Jurvis Geer, D, D., Mise BLizaBeTu KimBaLe Sackert, of this city, and Colonel Eowarp Firon Vnart, of Milwaukie, Wie. DIED. ACKKRMAN.—On Saturday morning, September 29, in the dist yeur of bis uge, Geones B. AOKKEMAY. Relatives and freous of tue tamily are respectfully Invited to wtiend the uu rom the resideoce of his brother, Jobu E. Ackei , No. 516 East 12ist st, on Tuesday alterooon, Uctober 2, at balf-pust two o’clock, BuLL.—At the residonce of her daughter, Mrs. D. C. Sanford, New Milord, Conn, September 27, Mra. PoLLY Bunt, in the 94th year of her uge. Boyik.—September 30, CATHRKINE, youngest daugt- ter of Johu and Mary Boyle, aged 2 years, 1 month and 10 days. Funeral from too residence of her parents, 4 Bank St. this day (Tucaday), at one o'clock P.M. Roiatives aud iriouds respectiuily invited to attend. None kuew her but to jove ber, but God thought best to tuke her home to be at rest. BurLee.—On Sunday, September 30, Mary, widow of the late James Butler, in the 57th year of her age. Relatives and irieuds are respectfuily invited to at- tend the funeral, oa uesday, October 2, ut two o'clock P 4, from ber late resiaence, 181 4th av., Brooklyn, Casey.—Alter a short illness, Patrice Casey, in the 41st year o1 bis age. Reiatives and {rieuds are invited to attend bis fu- Beral, trow tis late residence, No. 237 24 st., Williams- burg, on Wednesday, Uctover 3, at two P. mM. Liverpool papers please copy. Dary.—On sunday, September 30, 1877, Tomas Dany, @ native of Kings county, parish of Drumeulien, Ireland, Retatives and friends are respectfully invited to at- tend the funeral, from bis late residence, 186 North Tu si wath wud Sih sts, Williamsburg, Long sduy, October 2, at two o'clock P. M. dy Sepiomber 30, Frux 0, De MaxkseNER, a native of Brussels, In his 42d your, Reiwtives and Irieuds are invited to attend his fu- t the Charch of 3t, Vincent do Paul, 24d st, be- tween 6th and 7th ava, on Weduosday morning, Octo- ber 3, at oleven o’c: Feevxv.—On Sunday mornin; ptember 30, in tho 24th year of her uge, ANN Frusuy, wife of Patrick Fenney. Helutives and friends of the family are reepectiully invited to attend the tuneral, (rom ber tato residence, 70 Washington st, Brooklyn, on Tuesday, Ociooer 2, at one ovclock, Prazee.—Oa Monday, October 1, 1877, Saran O., widow of David O, Frazee, Relatives aud trieuds of tho family are respectfully invited to aitend the tuneral, irom the T. ii Dutch Chureb, corner Perry and W te nana October 3 inst, at half-past eleven o'¢: Garks.—On Monday, October 1, at ber late resi dence, No. 41 E the late John Gates, Notice of funoral hereafter. HANLEY.—Suddenly, in Brooklyn, oo Sunday, Sep- temver 80, Jonx, tho beloved gon of Mary wad the late Jolin Hauley, in the 19th year of his a, ‘The faneral will take place, Irom Bis lav 16 Water st, cor October 8, at bal st Sis ot, Letitia Garks, widow of | j} Josrrn.—On the 30th of September, of consumption at the resideuce of her brother, £ Joseph, of Ruthere fag! J., Buss funeral, without any Chambers street at a quarter to two P. JENNINGS. —AP Southport, Coon, Many E, Howgtt, wite of Charles yeu San Francisco papers please copy. KenpatL.—Vetober 1, Axy ApsLalps Louisa, infam daughter of Edward H. and we Jate Mary Louisa Kon- ali. Funeral from the residence of her grandmother, Mrs. Joon Raynolds, No. 25 Weat 50th st, on Wednes day, the Sd inst., at 'two o'clock P.M. Relatives and friends are respectfally invited to be present. Kocu.—Joan F. L. Kocu, of Hoboken, om Saturday morning, September 29, 1877, Funeral will take piace at the late resiaence of the deceased, 98 Garden st., Hoboken, N. at twelve on Tuesday, October 2, 1877; aiso at St, erman Lutheran Church, corner Broome New York, at two o'clock P, ber 29, 187" jennings, aged er Society an Paradise Lodge No, 345, 1. 0. of O. F.; also German Encampment No. 34, LV. of O. F.; also Washington Lodge No, 8, A. 0. of G. F. Miunex. —On Sunday, September 30, at City Island, Euisaa, son of Joseph and Catherine Miller, in the 48:b year of bis ‘The relatives and friends are invited to attend the funeral, from the residence of his sister, Mrs, Cath- erine Bryant, at City Island, Tuesday, October 2, at two o’ciock P. M. ‘Mookx.—On Sunday, September 20, Patrick Moors, in the 72a year of his age. ‘fhe juneral will take place from bis lato residence, No, 219 Thompson st, on Wednesday morning, ut seven o'clock; thence to Philaaeiphia for interment, Philadelphia and {!\inols papers please copy. McNamaRa,—Monduy, October 1, 11 CaTaERING MoNamara, relict of Henry McNamara, a 59 youra and 7 mouths, ‘The relatives and friends of deceased will be invited to attend the funeral, verbally or by letter, trom her late residence, No, 314 Rivingt sh MoNuntY.—On Sunday, September 30, Asics Mo- NULTy, aged 25 years, 5 months and 19 days. Ielatives and friends of the family are respectfully invited to attend the funeral, trom the residence of her aunt, 317 Easy 2d st., on Wednesday, October 3, at two P.M, Nxipuincen.—On Sanday, September 30, Hunrietra, widow of Nicholas Noidifager, aged 77 years and 9 months, Faneral will take place from her Inte residence, No. 345 West 44th st, on Wednesday, at twelve o’clock noon. Please do not send flowers, Prvit.—At Bethlehem, N, H., after four weeks? iIl- ness of malarial fever, CoRN¥LiA MaGarerra Pxtit, wife of Join Jules Petit aud daughter of the late Gerard W. Livingston, all of New York. Funeral services at Zion Chureh, corner Madison av. and 85th st. ou Friday morning, Sth inst., at ball-past ten o'clock, Relatives and iriends are respectfully in- vited to attend, Quins.—On September 30, Herzen Weicn, aged 43 yeurs, wile of Michael Quind, native of Kings county, parish of Drumcuien. : Kelatives and friends are invited to atterd her burial, trom her late residence, 411 East 15th st., om ‘Tuesday, Octover 2, at two o’ciock, Rovenr.—At Douglaston, L. L., September 30, Win 1am Rowunt, aged 58 years, 9 months and 18 days, Funeral from residence ou Wednesday, at three P. M. STkaNG.—In this city, on Sunday, September 30, of pneumonia, SnuapeL KR. StRaxc. Funeral services will be beld at the Methodist Epis- copal Courch, Rye, on Wednesday, tho 3a in. rival of traim from Grand Central Depot » Me Swirr.—At Peekskill, Sepromber 29, at the dence of his motl CuaRixs &, Swirr, aged 35 years, Funeral services at St. Poter’s Chapel, Tuesday, at three P. M. New Orleans papers please copy. Van Cugry.—Suddenly, on Monday, October 1, Eprrn, only daughter ot Cornelius and ‘Emily A. Van Cieof and eranddaugnter ot Carlton See, Esq. Notice of funeral in to-morrow’s pavers. _ FOR SALI. \ CORNER LIQUOR STORE FOR Asstosk, it required, o the Store to let. SALE, “Witt Apply on the Promises, 613 Lot av. FINE GRUCEKY STORE FOR SALE, CHEAP; Confectioneries, Restaurants, Cigar HELL, 7 Cedac at, ‘AND IN WASHINGTON MARKET, FOR we Stores, Meat Markets. MITCHELL, 77 ‘Cedar st, LOW PRICES; ) —LIQUOR STORES FOR SALE, MIVOHELL, 77 A.siiso Drug Stores, Country Hotels, Cedar at. ‘N Al UPTOWN SAMPLE ROON FOR SALE; GOOD ronson tor selling. Inquire 13 Orosby at. Rai NOE. ad Butter Stand. ANCE.—FOR SALE—AN OLD _ESTAB- Inquire 126 and 127 Central \ CIGAR STORE, IN HARLEM, FOR SALE Acceup! doing atair business, Apply a¢ 2.20134 3d av, New York. No agents, AngAGL BRAT AND VARIETY MARKET, FOR sule cheap; uo agents, Apply southwest corner 76th st av. A. N OLD ESTABLISHED DOWNTOWN C\RPENTER Basiness, with steam lower aud Machinery; in pertect order wud dolux youd business; to be suld on account of owner embarking in other business. Address MEUil AN: Herald offica, ARD AND KINDLING WOOD FACTORY sale; uliding machinery tu running order; Horses Carts, Wood, Trucks, Harnvss, Coal and Wood Apply on the premises, 604 Bust 2uth st.; no agents, OR SA LEASE OF A STORE ESTAB- lished 25 years asm bay, grain, and flour store ; located tide town, For full particulars, address S & J., Ou west ai Heraldotics oi {JOR SALE—A NEW FIRE PROOF SAFE, IN EQUITY for custom or rexndy made Clothing. Address FRANK. LIN, Uptown Herala office. Ree SALE—A GUOD RESTAURANT IN GOOD LO. cy rhe y jreen IQUOR STORE, IN wn; terms very low. Inyuire VOR SALE-A CHEAP CASH GROCERY STORB uptown, doing a good business. Inquire J. STULZ, 260 Washington st. ‘TEA AND Call in 0 s- Store, 1,045 once, JOR SALE CHEapP. No. 17, Croton Marks 4th ava. vo T2004 v No. 170 Elin st FARowar y HOUSE FURNISHING STORE jor sale on a leading avenue; good reasons given fot business. Address HARDWARL, STOCK AND FIXTURES OF A LIQUOR Sth ay., corner 58th st.;-must be suld at VISH AND OYSTER STA , 42d st, between Lexington ai id RY STORE FOR SALE CHEAP—DOING ess; reason for selling death in the family. selling; doing w fal Herald Uptown office. i Ore, BSTABLISHED CORN aif price; come and see. LD ESTABLISHED G yale in Brooklyn; Horse, Wagon, £c., complete, cheap hb. Address NM. J. SHATTUCK, 112 Division avy SWALL PAPER BOX FACTORY FOR SALE—aT A Darout bargain “Apply 6% Franklin st $200, —POK SALE, STOCKS, TOOLS AND FIX: = etures of «tine shop in good location; owner gor ing to leave the city. 141 Thompson st. S651) () R HE BEST PAYING LITTLE DRUG 3 Store im this city. Inquire 466 Caual st, 5S Utils BUX A RESTAURANT, DOING Good 4 Aad 18) well located; good reasons for selling, Bleecke: MACHINERY. A ENGINES, BOILERS, PUMPS. &6. ; “ALL SIZES, enew and second hand. WILSON & ROAKE, Front CHOP and Dover sts. Fee SALE—BAXTER ENGINE; 105 S NEW IN- ines, Ap- oF Jephant ply to MUNOZ & ESPKAELLA, Weep, WORKING MA cond hand, Machinery Depot, 36 Liberty st ED-SEOOND HAND PORTABLE INERY—, for sale low. WATE. mutionl teavhe ign uni- versity, desires private pupils; city refere 8 to DI baring for wu unglish university, Harvurd, Cotumuia, Yule Scientific Sehool, Address TKACHER, box 14 Herald Uptown oftice. YALE GRADUATE, WITH BEST REFERENCES aud oxperiunce, desires ty exchange evening instruc: jon for room wad part bourd. A, G.S., box 128 Herald LEARNERS OF PHONO- ~Dictatioa three hours every afternoon by an ex+ ictator aud phonozraphar. Learners ot nny Hed. Terme $10 per montu. Phonograpule I ste D. DOREMUS REOP! i young ladies aud children Octobe: Mecioott East 21st ot, cn L W give lessons in Fr best retore e cigar store, ~ IMMEDIATEL ust be cheap for BAKGAIN, box 208 WASteboa GOOD GYLINDE id; state condition aud jow DESK, Herald oni on Yost office, W ANTED Pan, Addr MATRIMONIAL. IDOWER 40) WHO HAS RESIDED ABROAD A a faet tr, possessed of foriune withontidebts, would D Corp Heratd ottice LE MANTELS. APPROAUI KD BERORE ~~ antels; largest assortment in the a a PENRUYN SLATE COMPANY, 950 Union square, at ith mauitiaeti J ALBLE AND MARBLEL MANIELS AVA Monuments, tendstones, Fioor Tiling, Plumber's and Furnituce Slabs, ut greatly reduced prices, turning fue the trade, A. KBABI, 134 wud 146 Kast 18th ob, Bear, ddan * | ely.