The New York Herald Newspaper, October 3, 1877, Page 5

> > THE COURTS. —.___. Disagreeing Doctors Trying Their Hands at the Legal Scalpel. AN UNHOLY SsCHEME. Joe Coburn’s Last Round in the Legal Arena. COLLISION BY DAYLIGHT. Dr. Benjamin Hawker, jearning that a United States warrant had been issued against bim on the complaint of Dr, Newton Whitehead, for sending obscene mat- ter through the mails, appeared, in company with his counsel, Mr. Leo Schwab, before United States Commissioner Betts, y day, and demanded an ex- amination, When the complaiming party, Ur, White- head, way produced, he asked for an adjourament to procare the attendance of witnesses outside bimsel!, upon whose testimony he relied to sustain bis charge. ‘The postponement was resisted by the other side, and the Commissioner determined to send for the wit- nesses at once, and did so, When the witnesses ar- rived the examination proceeded, the complainant, Dr. Whitehead, first telling his story. It was in sub- stance that, about two weeks ago his wife handed him & postal card which she had just recoived from the federal mossenger, on which the purity of his origin, on his mother’s side, was referred to in terms by no means redned or complimentary, and to woich was added au @ssertiun that be wus trying to injure the anonymous sender, who proposed to get square with him. ‘Ihe uncomplimentary and unfefiued reference to the Dov- tor’s mother was the portioa which brought the ing of the card through the mails within tho pro’ jous of federal law, und tue context was the key whereby the Doctor thought he traced it to the de- leudant Hawker. Beyond the fact, however, that he ved Dr. Hawker to ve the oaly pergon who could suflicient motive to send such @ card, Dr. White- was unable personaily to fasten the authorship on Sue accused, He produced as an additional witness a friend named Joby J. Cone, who testified that he bad been shown the card by Dr. Whitehead, bad mado a copy of it, aud believed the writing thereon to be that of Dr. Hawker, ‘This was tho only pertinent testimony given, and Cone’s knowl- edge of Dr. Hawker’y wanawriting Was so shaken on cross-exumination that in the Commis- Noner’s estimation the charge aguipst Dr. Mawker of | beiug thi thor of she offeusive curd was ieft wholly ‘unsustained, and 1t was accordingly disinis This ondod toe proceedings in the federal jurisd both parties left tho court, but as it turned out in ref- erence to Whitehead, the comp'ataaut, only to tall into the grasp of State law, As tig gentleman w. his Way across the City Hall Park ke was met by a deputy sheriff, who, by authority of am order of ‘ar- Test, issued by Judge McAuam, of the Marme Court, | conducted the Doctor to the Sherift’s office and thence to Ludlow Street Jail, where he was locked up in de- fault of bail. This order of arrest was issued 1m a suit brougne by Doctor Hawker to rocover damages from Dr. Whiteheud tor alleged malicious prosecution, The story of this alleged mulicious prosecution as gathered two from the papers and otber sources is that thes flourishers of the scalpel were ‘ormerly pro! Partners, but some time since had separated, ‘Une separation it is claimed a pri oval rivalry existed, which flually degener: into bitter p Boval animosity. Recently Vr, Hawker obtaived a Jemale patient lor treatment, woo subsequeutly went to hig rival Dr, Whitehead, and instigated by him, as it is Claimed on the part of Dr. Hawker, she went Detore a magistrate and guinst the latter « charge of having committed an avortion on her, ‘This compiaint, utter examination, was dismissed. Spe then commenced a civil suit in the Third District Court, beture Judge Parker, to recover from Dr. Hawker tuo fees she bad puid hin, alleging that they hud deen obtained by him under false pretences. ‘This suit also was dismissed, She then appeared before the Grand Jury aud succeeded in obtuiuing an indictment Against Dr. Hawker, alleged, on the old charge ot abortion. ‘This has not yet been disposed of, and the of Dr, Hawker agatuet Dr. Whitehead, and which he ground uf the civil action against the latter, 48 that all these prosecutions were incited and on- couraged by him. Asan offset to the postal card com- plaint by Dr, Wuitehead bis opponent complains that placards equally uuonymous have beon publicly posted culling his professional integrity in question. SCHEMING EXECUTOR AND LAWYER. A petition was fled in the Surrogate’s Court by Louisa Fox and Wilhelmina Graves, next of kin and Jegatees under the last will and testament of Charles Schmiat, to have the executor, Heury Niedig, pun- ished tor contempt for nut having assigned certain mortgages to and divided certain funds between the petitioners, as be was required to do by a decree of the Surrogate made at tho time of floal accounting on the th of June last. On this petition an order was granted directing the executor to show cause why he should not be puniehed for contempt in having tailed to com. ply with the decree ofthe Court, In response to this order to show cause the executor camo into court and made a rather extraordinary answer. In it he stated substantially that the deceased, before his deuth, told him tbat he wad made bim his executor und that he would be entitied to o proper allowance for bis services us such; that atter the death of deceused the purtner of deceased, Sichael Fox, came to him and recommendea to him a lawyer to aid in conducting uflairs of the estate to u that Fox offered tim a commission of would so make bis uccounts as to pay Jonn Schmiat, the broker of deceased, the sum of $5,000 besides legacies, becacse, as he’ al Fox stuted, he (Fox) Wanted to get us much ag be could for bis children; thathe thea dismissed the lawyer recommended to bim by Fox and came into the Sarrogate’s Court to execute the trust himself; that bo was there informed thut he could get no pay as executor, and was recom- mended to employ an attorney. He did so employ un attorney, he svys, and informed him that he thought it was wortn $5,000 to bundle an estate worth $90,000. He in the course of conversation finally told the uttor- ney that he would charge $3,000 tor bis services und the other $2,000 he woud give to hin, ‘bis seemed betwoon them at that y attorney offered to give him bis individual note for $3,000. Thishe reiused, thinking it strange the attorney should offer to xive his note for money woich bad not been ullo’ vy \be Surrogate, Subsequently the attorney came to him aud toid bim the Surrogate would allow but $3,000, and tbat he (the executor) bad deen discharged. Upon this basis of allowance he and the attorney first taiked rf three-tifths of the money to the attorney and two- Atths to him, bat they subsequently settled down oo au equal division, He then concluded that the whole thing Was a conspiracy on the part uf Fox to defraud bim out of a fayr remuneration tor his services as Ex. ecutor; and not wanting to release the attorney irom tim bis agreement, be submitted bimself to the judgment of the Court, und prayed its protection. ‘The Surrogate, in an opinion rendered yesterday on the question of contempt, gives the attorney, whose ieclose, the creait of deuying executor in tame he does not uuder outh the statement made by th is answer, and the credit of a s! seif, in which be sets forth servi tluims the altowance made is insufficient componsas don, As to the question of punisiing the executor jor contempt, the Surrogato bvids that nutwithstand- lug an answer bas been put in the original potition is insuflcient, in that i dvss not specilically set forth tue terms of the decree, the amount to be divided, Rod that @ persoual demand for the amount had made, On the answer of the tue Surrogate comments in no very flatior- wg terms Ho calis the argament betwoon bit aud his attorney an ‘unholy scheme’ to secure uolawful fees vy means of a corrupt overcharge by the attorney. Such an answer, he says, bas v seristics of effruntery xnu novelty, 1 pot of di aud how the executor bad reached such a bei moral obliquity ws to prociaim under outh such w trans- action he unde to be «problem hard to eulve, He con- cludes by anying thut tue executor should congratulate himsei? that his duties are so near un end, because if ho bad succeeded iy comsummating the bargain ho suys he made he would bave made bimveif hablo to critmioal prosecution under the statote of 1877, For the impertections im the morning papers already re- Jerred to the Motion 10 punish tor coutomps has been denied. been executor FiGHT FOR FREEDOM. Unquestionably the most earnest fight in which Joe Coburn, the ex-pugilist, ever participated is bis pr ent Ughtlor ireedom, His cave has at last reached the court of highest resort, after having attracted the at- tention of the minor tribunals since the 16th of last February, whem the pugilistic defendant encountered the police, and, ia endeavoring to make those oilicials succumb to him, was forced to pay the peuaity of bis foolhurdiness by conviutiun for felouious assault and buttery with intent to Kili and seutenced to the State Prison for tei re, Altur his conviction and sentence bis case was carried 10 the Supreme Court, General Term, but that Court uflirmed the legality of his seu tence, Not content with this decision, his triends en- faged Mr. Willian F, Howe to curry the case to the Vourt of Appouls, and with prompt diligence that gen- Hemaa isaued tho requisite Writ of error, returnable at the Court of Appeals, where the case caine up tor hearing yesterday, Tue Cours listened with attention to counsel, and at the close of the argauent took the papers, reserving dees A DAYLIGHT COLLISION. On the 10th of May last the barkentine Caaries L. Pearson started froin this city on a voyage to Yoko. hama, At four o’clock P, M., having got outside the Hook, and the wind being too light, she bag cast bor kedgo anchor; but the wind baving fresheved up again, she bad ber sails partially set and was taking up anchor, when the British steamship Alexandria cumo along aud fan into her stera, crushing it io, | garded as practically settled by a decision of the Sur- j to have the qi ; Was not, Joho-L. Brown, the son of tho deceased, is NEW YORK HERALD, WEDNESDAY, OCTOBER 3, 1877.—TRIPLE SHEET. carrying away her steering gear and cutting ber down to ihe waver's The cable of the anchor was im- mediately Gut apd the barkentive taken in tow by the but the baweer parted and the barken- tine drifted ushore a wreck. The story of the collision on the % of the steamer Was thar us sbe approached the birkentine the latter was seen to be amanchor and the steaio course 50 a8 to pass her, but as wi! barkentine the latter dragged het the course of the steamer und the collision occurred. collision, it is clanmed on the part of the steamer, ‘Was inevitable 60 far as she was concerned, changed ber the result of incapacity and negli; w of tl the officers and was liveiled of the barken- tine, and the company is sought to b id in damages vo the extent of $20,000, ‘The suit came on for trial in the Admiraily Brauen of the United states Circuit Court yesterday, before Judge Blatchford, and is atili uudnished, “ CONTRACTOR BROWN’S WILL. The long contest over the wili aud estate of the late Join L. Brown, tormerly a large city contractor, be- tween two rival families, is already familiar to the readers of the HknaLy, Betore the commencement ot the summer vacation of the courts tho coutest was re- Fogate admitting tho will of the deceased to probate. ‘The supposed dead issui revived yesterday Ui lore Surrogate Calvin, in the form of a motion on bee balf of a sister of the deceased, Mrs, Julia A. Sargont, estion of the probate of the will re- opened. This application is opposed on the ground that Mre, Sargent was a contestaut when the will was originally admitted to probate, and that even if she nearer of kin than she is, and would have inherited even ifthere was 00 will. In reply she deutes that she way among tho original contestants, and ra: Jections to the qualificatious of Joli L. Brown, the next ol kinassuch, The argument was set dowa lor the 17th iat. GOING WEST. Harry Hardy, a young man of respectable appear- ance, was brought before Judge Donohue, yesterday, by Detectives O’Conneil and Williamson, of the Police Ventral Oifice, in obedience to a writ of ha- | beus corpus. The prisoner was arrested in this city upon the 1st inst., on a warrsat issued by the Govur- nor at the request ol the Governor of the Stute of | Ohio, it being claimed that he is atugitive irom jus- tice, It is alleged that upon the 22d day of lust July the prisoner was guilty ot the crime of grand larceny, im baying robbed a guest stopping at the Boouy House, in Tolodo, out of $1,100 wortu of jewelry, and that atter the robvery he flod the jurisdiction of the Court, Upon return to the writ Air. William I, Kintzing ap- | peared as counsel for the prisoner, und Assistant Dis- trict Attorney Leary tor the people, The proceedings being regular upon Which the warrant was granted, Mr. Kinteing consented to the dismissal of the writ, 1% Ueing the desire of the prisoner to accompany the of- cer to Toledo, although still stoutly asserting is Sano. cence. The writ was thereiore disinissed, and tue prisoner banded over to Detective 3, ¥. Mills ‘or re- moval to Toledo, THE CHISAR-KRIEGER CASE. Tho case of August Cwsar against Philip Krieger was again up on the day calenaar of the Supreme Court, Part 1, betore Judge Donohue yesterday tor trial The action is brought by Mr. Cwsar, who claims $100,000 damages against Philip Krieger for alleged alienating from him the afiections of his wite. It will be remembered tho case was brought to trial at the last May term of the Court, when, the jury disu- Breeing, a new trial was ordered, the ‘facts of the caso being tully reported at tue time inthe Hxnatp. Upon the case being reached yesterday, neithor the plaintill nor defendant being ready, it wont over until the loth inst., at which tine it will be tried, Mes#rs. Jonu 0. Mott and William F. Kintzing appeared as coungel for the plaintill aud Messrs, David Levy and Charles W. Broo! looking after the interest o1 the defendant, KEYSER AGAIN IN COURT. Suit bas beeu beguo by William Frazer to recover $4,500 (rom Jobo H, Keyser for commissions allegid to be due the plaintiff under a contract with the ue- fendant jor building sewers and other work about tho United States District Court to be adjudicated a bankrupt. THE GRACE HABEAS CORPUS, In the case of William H. Grace, ex-Custom House inspector, sentenced to the Penitentiary for four | 6: months {or an assault on Survoyor Sharpe, there was ® heariug yesterday before Judge Barrett, in Supreme Court, Chambers, uuder the writ of habeas corpus oblained with view lo getting a stay of proceedings and. bail pending au appeal to the General Term. Judge Barrett siated that uotil a bill of exceptions was fied u stay could not be granted, Mr, Courtne: ted that he had been unable to preparo the bill of exceptions, as the printed evidence alone embraced nearly one hundred and fitty pages. Under the circumstances Judue Barrett decided to dismiss the writ, but without prejudice to an spplicatiba for u stay ol execution of sentence until the bili of exceptions bad beeu duly prepared and filed, LAWYELS’ FEES. Judge Robinson, of the Court of Common Pleas, yes- terday delivered quite a pertiuent opinion in the cuse of Samuel H. Randall against H. Kingelaud Leonard, &o, ‘Ube pluintuf, a lawyer, brings the suit to recover for professioual services 1n some jour or five transac- thiol apd moved before Judge Robinson tor a reference, This mu ie depied on the ground that the igs one more properly to bo tried before jury. in the course of bis epiwion Judge vbinson avimadveris upon the too frequent practice of excessive charges vy counsel, such us, for instance, charging for cach Ume Le saw or converged with nis cleator conversed with the oppusite counsel or wrote a vote on the sub- ject. He holds that such a system of exacting com- Pensation is unfair wna that the Whole transaction SLOUId Constitute but one item in a long account. But even if the Claims wore jastly sustatuavle that no such embarrassment exists as attends o long accounting and makes necessary a relerence. ALLEGED MALICIOUS PROSECUTION. Marion Grimes bas brought action in the Supreme Court against Erastus Davison to recover $10,000 dam- ages for alleged malicious prosecution of the plaintiff by the defendant in charging the plaintiil with baving torged the defendunv’s signature to a promissory note for $3,251 44, upon which Grimes was arrested under & wartant irsued by Justice N. B, Morse, Jr., of Brook- lyn, but subsequently discharged, The case came up | Uelore Judge Barrett, holding Supreme Court, Cham. bers, on an application mude by Mr. Henry ©. Deni- sou, counsel for the defendant, to vacate an order of arrest issued in the ‘case hoidiug tue defendant to 1 iu $600, Mr. Denison conten that the plaintill’s proceedings were irregular, inas- much as the papers Were not 10 contormity to the new | code of procedure, und did not show auy cause of | action in failing to ullege a Want of probate c.use on | the part of the detendunt in making the charge of Mr H. D. Betts opposed the motion, and coutended that at the time of the issuing of the papers the old code Was in operation and tuatihe time of the Service of the papers made no difference. ‘The Court took the papers, Th it Drought by Rutas F, Story agatust the New York Elevated Railroad Company, to enjoin the build. jug of the road at Front street, was belore Judgo Rob- inson, iu the Court of Common Pleas, yesterday, when a motion was made to adjourn it on the ground that Judge Comstock would be absent at the Epis- copal Convention in Boston, David Dudley Field ob- Jected to religious engagements as a valid excuse, bat his objection did not weigh with tho Judge, who granted the adjourament, Belore Judge Vuu Brunt, holding Supreme Court, Circuit, there was tried yesterday ine suit of Jolin T. Nagle against the city for services rendered in the Surrogates office in 1868 and 1869. The usual defence | of no appropriation was interposed, and it was also | claimed that tue appointment was void because it was | not filed when made in toe County Clerk's offic ted & Verdict ior tue piuiutill, to be beurd wt Goueral Term, Mr. Mux Moses and ex-J jor plainut, and Messrs, Mili In the Surrogate’s uilice yesterday letters of admin tration were issued to Russell T. rail, Jr, son of the jate Doctor frail, somewaut prominent tor years past in convection with the water cure system. “The Dovtor died recently in the country, aud the present letters of administration to bis sou are intended to cover the personul estate in this city, which 18 repre- sented as amounting to less than $500, Avclaide Pattieun has brought a suit for divorce agatust Jobn V, Pattison on thy ground of an alloged prior marriage to Florence C. Pattison, now known as Mra, A. H. Wright, from whom, :he plaiutitt says, ¢ WUE told Her be Kad obtarned a divore aut admits (hid statement, but clare roe Wax Valid. On a statement that Mrs. Wright rial witness Judge Barrett yesterday granted 4 colnmission LO eXaimine her ut Erie, Pa, where she rewides. Jonn © Farrie having died, be pi aged respectiv of Ithaca, says that recently, his wile ed his tworhildren Lucy aud Lizzic, eit and five yeurs, iu the care of dir, Daniel M. Corcoran, at White Pialus, aud thatthe latter now refuses (G give them to him. Ou epplica- von yesterday of his counsel Mr, Horatio V. P. Mod. sou, @ writ ol habeus corpus Was granted directing the rouuction of toe ebildreu in Court to-day, when tho lacts of tho case Will be fully investigated, Michaei Halioran obtaiaed, some time ago, a judg- ment against Michael Gavin, and tho latter was sum- moved to appear in supplementary procecdings and answer us to his property. He suys that he did ap- pour Keveral Lines, When tho case was adjourned, but nally failed to pul sn an appearance, upon wuidh he was arrested und committed for contempt of court. Mis counsel, Messrs, Hail und Bilanay, yesterday obtained from Judge Barrett a writ of habeas corpus, under which an eflort will be made to establish bis in hosenco of any intended contempt of court and pro- cune bis discharge. The case comes up to-day tor a a ford & Co, have trought a suit iver and Portchester Railroad Co; $40,301 22, claimed to be due ona contract for work and wateriais furnished in building the roud. The trial of the case begun yesterday beiore Judge Law- Teuce, boiding Supreme Court, Circuit, Part 2 The de- fence ie that whereas the contract called for the pay- aintits over ment of $261,424 27, 0 $203,484 62, being an ean of some $14, what was due them, suob exvess of pay! been made by mistake in supp. plaints arth Gilling and gradin; did not do, Messrs. Benedict, Tau & peared for the ntifis and surs. Ti, and William E, GENERAL was paid to the p- H. Anderson ‘nett for the defendants, SESSIONS-—-PART? Before Recorder Hackett, 1, CAUGHT IN THE AC A colored man named Willlam Johnson, who said he ‘Was a waiter in the boarding house of Mr, Taylor, No, 136 Kast Fourteenth street, was arraigned at the bar by Assistant District Attorney Boll, churgea with grand larceny, It appeared that while Henry Mller, who keeps a clothing establishment at No. 165 Spring street, was chatting with somo of bis neighbors, two men entered bis store and were about to carry off $65 worth of property, wheu Mr. Miller returaed, With yemarkable ingeuuity oue of the invaders asked Mr. Miller if he did not wish to purchase a Fast of \rowsers. Miller rephed in the-negative, and just asthe men BOt outside the door he called for the police. Botn then started at full apeed, one of them dropping a bundle containing the stolen property. Chase wus given and he wus captured. At the trial yesterday he denied his guilt, but the evidence being conclusive the Jury found bin guilty, Recorder Hackeit seat bim to the Stute Prison for the term of three years and Bix months at bard labor, PLEAS AND SENTENCES. Thomas Gougherty, of No, 89 King street, was cbarged with stealing a truck tull of lumber, the prop- erty of Charies Heckman, which was lying at pier No. 46, The accused pleaded guilty, and waa sent to the State Prigou for two years and six months, Join Bonney, of No, 430 East Fitteenta street, pleagod guiity to the charge of burglary iu the third degree, having broken into tne room of David O'Meara, of No, 311 Seventh avenue and stolen two couts valued at $50, ‘The prisouer was sentito the State Prison for two years, GENERAL SESSIONS—PART 2. Before Judge Sutherland, STEALING A WaTCH. A woman who gave her namo as Ann Rosenbeicher was arraigned at the bar by Assistant District Attorney Russell, charged with the larceny of a gold watch and chain, On the night of tho 16:h of September August M, Seele, a barver at the Filth Avenue Hotel, was going up Bleecker street, when he was accogsed by the prisoner, Sbe suddenly leit him und got on w Third avenue car. He misked his property and fol. lowed her on the car to Chatham equare, where he her in custody. The waich aud chain, wrapped a4 Woman’s nel, Were found next morning outside the police station, where it was supposed tho prisoner ‘dropped it, ‘Two revulvers were found ta her pos- session, but she accounted for their posseasion by saying she hada shooting stand at Schdtzen Park. Sho was tound gullty and sent to the Penitentiary for three years. THE KNIVE AGALY. A Frenchman, pamed Peter Lantz, of No, 79 South Filth avenue, was charged with felonious assault, hav- ing Stabbed Thomas Doyle with a kuifo on the morn- ing of the 17th of July lust, The complainant alleged that on the morning im question he saw tbe prisoner and three others engaged ina tight at the corner of Prince and Thompson streets, Tho prisoner's assail- Ants ran away, and, a8 (he complulnant crossed tne street and pussed the prisoner, the latter stabbed him 1p the breast, the wound beg thrce inches in depth, ‘Tho prisoner in bis own bebull, in regponse to sr, Shott, bis counsel, testitied that be was anjustifiably, assaulted by three of four meu, among them thy coni- plaimant, who cut him on the finger, and that be was compelled to use bis knife in seli-deience. The pris- oper was found guilty of assault and battery and seat to tho Penitentiary for une year, COURT CALENDARS—THIS DAY. Suraeue Court—Cuamucrs—Held by Judge Bar- rew 4. 4, 6, 87, 90, 92, 95, 96, 107, 121, 127, 133, 143, 145, 156, 195.’ The cali begius at No, 201 aud ends at No, 20. Scrrests Court—Srxcian Tera—Held by Judgo Van Vorst.—Nos, o01, 48, 654, 561, 5U6, 609, 507, UOL, 605, U14, 615, 61d, O17, O18, 619, 620, 82 623, 6: 625, 626, 627, 620, 630, 651, 65 4 635, 636, 637, , 689, G40, G41, G42, G43, O44, 649, 646, 647, O48, Udy, 650, 651, 652, 653, G54, 655, 696, 657, ' 658, 659, 660, él, 662, 663, 664, Surnemu Court—GexeraL Term.—Adjournod until donday next, SUPREME fig er ge 1—Held by Judge ee 3378 3 Donouue.— Old Numbers: 528 59, 3877, 1, 2719, 3389, S413, 4385, B63, UAB1, 3073, 1981, 4673, 1087 $4. 1553, 459, 4630, 1959, 83, 10U53g, 80344, 136, 1562; 2068, 4087, 1604, Luo, 1608, 4386, 1118, 48u0, ‘3041, 1462, 2334, 2218, 1515, 3165, 884, 2357, 10636, 674, 1250, 1930, 1586 54, 597 Part 2—Helu by Judge Lawrences E 160, 2402, 2150. 1694, 1932, 2086, 2478, 2102 1036, 4546, 2442, 5100, 2354, 2590, Buz, 2634. Part 3--Held by Judye Van Brunt.--Nos. 136237, 413, 419, 433, 379, 1663, 884, 8730, 656, 3012, 4830, 2122, '5103, 178 1842, G41, 451g, 9213¢, 194, 1118, 2841, 2650, 652, 131. Surexion Court—Generat Term.—Adjourned until the tirst Monday of November. Supenion Court Tkaa—Part 1—Held by Judge Speir.—Nos, 338, 270, 103, 264, 166. 167, 171, 174, 175, 176, 177, 179, 182, 196, 206, 208, 213, 214, 2 22, 235, 250, 255. Purt 2—Adjourned un: onday, Part 3—Held by Judge Sunford.— Nos, 397, 569, 572, 122, 124, 126, 128, 129, 132, 133, 134, 136, 137,'143, 146, 151, 157, 159, 162, 163. COMMON PLkas—GeNERAL TRaM.—Adjourved until the first Monday of November. Common PLeas—Equity ixrm—Held by Jadge Robin- sou. —Nos, 30, 31, 36 Comox PLkas—CRiaL TkRM.—Part 1—Adjourned until Monday, October 8 2—Heid by Judge Larromore.—Nos, 176Y, 789, 1348, 1349, 1350, 135055, 1851, 1352, 1356, 1386, 1368, 1359, 1300 Part’ 8—Heid vy Judge J. F. Daly. — f 1329, 1580, 1831, 1332, 1338, 1934, 133: 1898, 1389, 1840, 1341, 1844, 1345, 1346, 134) MANiN® COURT—TRIAL TkuM— Part 1—Hold by Judge Smuott,—Noz, 1686, 1613, 1693, 1779, 1723, 18154, 1777, 1838, 1839, Part 2—Heia by Judge 'Sheridan.—Noa 1935, 1639, 1870, 1871, 1872, 1874, 1875, 1876, 1891. 1882, 1898, Part 3—Held ‘by Judge Alker.—Nos. 1668, 1532, 1826, 1883, 1895, 1886, 1887, 1890, 1841, 1892, 1803, 1804, 1595, 1896, 1507. COURT OF GENERAL Skssions—Part 1—Held by Re- corder Hackett.—the Peuple vs. John Sullivan, felout- ous assault and battery ; Same vs. Patrick Roden, felo- Dious aswault und battery; Same va. James Powors, grand larceny ; Same vs. Mary A, Aile, grand lurceny ; Sane vs, James McClellan, graud larceny; Same va. Frederick Schuaeler, receiving stolen gouu: une vs. Authony Lasher and Joseph Grabam, larc y trom the he Noi from the person, I Francis Morgo, rape; glary; Same vs. Moses Sands, rece’ Reynolds, couceale THE MALE LEONARD OULRAGE. Burns, burgiary; Same va ing stolen goods; Same vs. Thomas weupons; Sume vs. Thomas Rourke, A CASE FOR COOL RBEYLECTION FOR PARENTS AND OTBERS, To Tux Evitor or tik HERALD:— Huppening to be present ut the procecdings before Judge Donohue yesterday in the Mabie Leonard case it suggested itsell to me, and from the Ireely expressed opiuions of those around me | foupd myselt oot alone in my conviction, that it is one of the grossest and most maliguant cases of judicial persecution that vas ever bech practised in our courts That our courts and judges should be used as the vehicles of carrying out in (he name of bumanity aud charity such « wan- ton, cruel, absurd and illegal trespass upon tue rights of individuals as this case presents isa blot and stigma upon the totelligonce and civilization of the nineteenth century, Asa lather anda busband 1 would ask to what extent is thia Society for the Prevention vf Crueity to Cuildren to curry this thing? Whose household 13 sale against i? 1 er su Mubie Li or her mother, airs. Rogers, befdro yesterday, but my heart vied for ¢ vown when I Saw the anguish aod diatross they were im, And what for, | would asx ? Because the mother has the nat- ural mberent ulfection for her child aud secks to ex- ercise tho watural functions of a mother in her guard. jauship, and the cid, with the tustivet and aflectioa of ver nature, clings to her mother as her nearest and best iriend, Aud Who vam read the statements of the child herself without feeling convinced taut she will be suter und better treated im the bunds of her mother than avy of these friends? Huimauitarian friends— What have they dove for her but to kvep her young and teuder heart bleeding im sympathy with that of ber mother? What father and inotner can but symm pachize with and keenly feel the oatrage that 1s being perpetrated vpon that mother and cluid ? Is not this Society lor the Prevention of Cruelty to Caiidrew widely diverging Irom ite original objects aud purposes, and vecoming the subtie tool of desiga- tug people to accomplish eit person ds ¥ Ln fact Movie Leonard is uo cold, True, she is but fourteen years of age, but she is very intelligent and is tuily Gapavle of deciding Who t# most congemiul to her as a guardiun and protector, and [admire the constancy and wilection of the child that clings to her mother in tus ber hour of distress, Mr. DeiaQeld, give yourseit no anxiety about that mother; she will take bette care of that child than any one you can provide ous. side of ber, Blood is thicker than wal hy rs . M. G. SELLING LIQUOR TO A MINOR. Edward Clifford, hardly thirteen y old, re at No, 450 West Seventecntu street, was found day morning by an officer of the Tweutioth precinct Staggering through Thirty-firss strect in a beastly state of tntoxication, He was taken to the station house, ANd us soon ag he Could talk seusibly was asked Where he procared bis liquor, He said he gov i from Thomas iding Boyle, who keeps « pis No, 486 West Toirty-tirst str Boyly Wus arrested, arraigned before Justice Bixby at Jetlersoo Mt. jourt, and heid ia $800 bail to r a charge of soiling liquor to a minor, THE CRUSHED TRAGEDIAN. ANOTHER MATINER IN COUBT—HOW COUNT JOANNES TREATS HIS REVILERS. ‘There was another large crush of spectators yeater- day in Supreme Court, Chambers, the expectation that Couns Jo 3’ application for iD injunction restraining Mr, Sothern from playing the “Crugbed fragodian’? at the Park Theatre would come up for argument, George, the Count, was among the earliest to arrive, He resumed the seat at the lawyers’ table occupied by bin ou the previous day, but showing evidently a mofe intense eagerness jor the tray, With difficulty he restrained bis impa- Hence during the argument of motions preceding bis, Dut at length his cuse was called, “George the Joaunes va, Edward A. So- thern," called out J ttracted there in ” ndgo Barrett, though with « placid- ity of Lone indicating wohing remarkable ju the under- lying issues, “Ready,” oxclaimed the Count “1 move for au adjourument, if Your Honor picase,”’ id Mr, Feit, counsel tor Mr, Sothern. eed! indeed! ask an adjournment wheu } am Compelled to su}, unit to injustice, nightly at ue Bands of Mr. Sothern,” remarkeu the Count, contempt, det. ance, Tage, irony aud pity being ali strangely biended iu his semitragic tones. “1 omiy received the papers last Thursday evening,” Mr, Feit preceeded to state, without any interrup. Hon, “the complaat covers sixty-six pages, aud winds up with a modest demand tor $50,000 danages. A have not bad time yet to see Mr. Sothern and cou- sult Lit im tue waiter’? “L ao put Want to have my intellect interlered With by such an argument to-morrow or there will bea ‘Southern?’ hurrul in the Yark Abbey,” sald the Count, in reply. “However, 4s 4 grace, 1 will give until Friday, He indefes and represents me every might, to my diggrace. 1 ask tur this injuuchon Hob aga tragedian only, but asa counsellor o: the >u- Preme Court, Nine different persons suid to me on Broadway to-day, ‘Ehere is the Crushed Tragedian,” One mau 1 knocked dowy Into the gutter, and | knocked off auother man’s hat, In bia papers to-day dir, Sotheru backs down, and instead of ‘Mr. Sotern Will reprosent the Crushed Iragedian, te has ib tA play acior will represent the Crushed Tragedian.'” “Dil hear the case on Tuuraday,” interrupted Judge Barret, + what hour, Your Honor??? asked the Count, t twalve o'clock,” said the Judge. TL aim cootent,”? said the Count. ‘Thus ended the case for the day, The Count hastily gathered up his papers and left the court room, tul- | lowed by the large throug of spectators, many’ still holding to their belief that the so-culled Count wus in reality Mry Sothern, MLLE.) AIMEE GOES TO LAW. An September, 1876, Mr. Alvert Duclos, proprietor of | the Hotei Latayette im Eat Fourteenth streot, called ou Mile, Aude und presemed a bill for $22 76 wien ho stated no had paid for exprossage on baggage for members of her troune stopping at bi¥ house, Mile. Ainée told him she bad uoiting to do with paying their personal bills and be should ether call ov the ageut, Mr. D’Arcey, or the members thomselves about his mone; Mr. Ducios, insiead of domg su, sued Ml Aimée in the Third District Civil | Court and owned o op Judgment. tn October, when Aimée Was abou Marsual Salou, armed with this judgment, attacned her baggage. rather Wan bave auy trouble, gave the Marsual $30, but under protest, Since then her lawyers, the Coudert Brothers, bad the cuse reopened and made a motion (o vacate the Judgment, Ine hearing was setdowa for yesterduy morning before Judge Parker, in the Third Distriot Civil Court, Mfr, Duclos presented tho bill, aud testitied to the verity of the difterent items charged in it. Mile. Aimée, dressed iu biuck aud with a jaunty Gainsborough hat, after. wards took the stand aud testitied substantially as Stated above. Judge Parker took tbe papers and ro- served bis decision, AIMKE’S AMIABILITY TO THE MAKSHALS, siarting for Havaud, ‘Thore was quite a litte Hutter of excitement when | she jelt the staud, and she was followed out of the court room by a humber of the uttuchds, who bo- siegou her tor passes ull the way down the lung stair. way. ‘lo gave the lady trouble these enterprising gentlemen had (ho passes already written out, und sue hau only to siga ber name, which she most oblig- ingiy did in every ipstauce. Bidding adieu to whe Marshal and Clerk she tripped hghtly tuto her coupé and drove oil, THE SHYSTER WAR. Police Justice Flammer arrived at the Tombs Police Court yesterday morning at cight o'clock, Inere were about filty tired patrolmen waitiog for him from haif-past six o'clock, As’ s00n us be took his seat the vilicers stepped up to muke thoi allida. vit The Judge told them to sit down and not to come up until they were called. He then cullod them Up one at a time, asked them to state their c directed them to make their ullidavit to the C This procoeaig took uutil eleven o'clock, At one time auriug tho proceeuiugs Judge Flammer told Se geant Woodrull tuat it any more villvors came up W Out Lis ordering them he would commit him ior con- tempt, SKRGRANT WOODRUMF LN TROUULE, Counselior Jumes Onver appeared beiore the Justice also and suid that there appeared in the HxKaLD of that duy a letter to the Police Commissioners over the signature of Henry K. Woourufl, sergeant of the police squad, charging Uim with mutilating certaiy records olthecourt, “Lf thereiore usk permission of Your Honor to have my ullldavit tukeu charging Sergeant Wovdrufl with criminal iivel,”’ said the counsellor, 4 ” replied Justice Fiammer, and, tarning k Rockwell, directed hius to take Bir, Oii- ver’s uffidavit, lo the alteravon Mr. MeLoan, counsel tor the Police Commi had an interview wita Justice Flammer and requested that uo warrant be 1s- sued until Thursday next, which was agreed to by the Justice. THE SEVENTH’S NEW ARMORY. THE FOUNDATION STON’ TO BE LAID TO-MOR- ROW—PROGRAMME OF THE CEREMONIES. Great-preparations have been ade by the Seventh regiinent tor the laying of the corner stone of its new armory to-morrow. {t is expected that a greut vou- course of people will be present to wituess the cere- monies, ‘Tho regiment will meet at the armory in full uniform, aod will be unver the command of Colonel ismmous Clark, who bas solo charge of the urran, ments. At oue o’clock they will march to Deimonico’s, corner of Filth avenue aud Twenty-sixth street, and tere will be joined by the Veteran Assuciation of tue | regitnent, whieu will numver about seven bundred men, two Bundred of Wuou it ts expected will ve in | uaiform. Governor Robinson and his stall will pro: ceed irom tue Bruuswick Hotel aud join the proces sion, The foliowing order will be observed :— Puwoun vi Police, Band of the Seventh Xoximent. Seventh Regiment, headed by Colonel Ciark aud Staff in tull uniform, Thea 10 carriages Goveruve Rubinson and stall in uovorm; alayor Ely una Board of Aldermen; secre- tary of State Wiltain M, Kvoris; Trustees of tue Busid ing Fund, Rovert Lennox Kennedy, Royal Phelps and W. Astor, hen will follow the officers of the Masonic Graud Louge of Masons, teased by Grand Muster Coach, ‘These geotlemen wil have ihe left of the procession, The members of the Vewran Association wil bring up the rear, ‘A large platform will be built for the accommoda- tion of “Invited guests, 100 ivet square, resting on the foundation of the wew building. All citizen sub- scribers will have a seat offered them, as well as the municipal officers, promiment citizens ‘and members OF tue press, Adjoining Unis platiorm u space will be resorved for the triends of embers of thy regitnent, where seats will be provided fur 2,000 persons. Alto" gether 3,600 seats Will be provided. The Seveuth regttnent aud the veterans will be posted vulside the uew grounds on Fourth avenue, and during the ceremonies tuat will follow tue two Bands belou,ing to the Seventu and Veteran Association will periorin Various selections, they numbering over one hundred pivees. The coremmuuies will oompri invocation by tho ¢ rogit stou; orauion by Sin. ying OL tue stone by the Graud Muster of Slusons of the State of New York. A lew short addresses tay be made by Colonel Clark wud other members of the regiment, which will con- clude the celebration, So lara little over $100,000 have bee subscribed to the Juud, but $175,000 18 wanted. A NEW INDUSTRIAL HOME, The ceremony of laying the corner stone of the In- dustrial Sebel and Home oa South Third street, acar Fith, Williamsburg, will be performed at three o’clovk to day, The school was established iu March, isd4, and the Home iu November, 1809, 1t is purely a churitavia institution, supported by twenty-one churches of Various denominaons in Williamsburg aud by individual coniributions, It hus tor tis object the care aud eduestion of orphan: of children whose parents are in destitute circ wuces Tue only condition to admission is proot that tue need of tue applicant is gonaine, At tho Ceremonies to-day tho Kuights Tens piars and various Musunic urganiza- ious of Wilhamsburg will attend in pOsiNg processivn voimmencing the proceediiys, exercises Will be opened with prayer by the Rev. J. Hyatt Satu, The cust of the bew buiiding ts 000, Twenty thousand doilurs bus already be contributed and the manugers aro pledged to raise the balance by the time the building is completed nest Ajulr io ald of the enterprise will be bold 10 MRS. RUONEY'S RALD. A raid was mado on Monday nigit by Officer MeCarty, of the Twentioth precinct, on a place kept by Jacob Fox, at No, 620 West Thirty-eignth street, and Vox abd three other persons were locked up ona eburge ot gambling, The cuuso of the raid was a com. plaiut made at the station house vy Mra. Jobo Kouncy, Ot No, 655 West Thirty-ciwath street, who stated tout hor husband used to jose ail his money there und sho | wanted tne place broken up, Fox Mixvy yester sa $400 bail to onewer, tureo prisoners discharged, by Judge the othe | RAPID TRANSIT. eicrane ffort to Becin Work Strer by the The uously Resisled Sixth Avenue Company. ARGUMENT BEFORE JUDGE VAN VORST. Interesting Affidavit by the President of \ the Gilbert Company. Rese SSE eres QUESTION STILL ote oe Br Veer THE UNDECIDED, ‘The argument on the motion for a stay of procecd- Ings in the case of the Sixth Avenue I against the Gilbert Elevated Railroad Company waa resumed yesterday, before Judge Van Voret, im the Superior Court, Tne defendant, as is understood, eks lo render inoperative the judgment of Judge Sedgewick enjoining the building of (he road, claiming thus the recent decision of the Court of Appeals has this effect, AUFIDAVIT OF MR, YosTHR, Mr Lowery, counsel for the Gilbert company, opened the argument by reading an affidavit made by Willian Foster, Jr, who, after stating that be 1s President ot the Gilbert Elovated Company, and has been such for the epace of five years, and is fatmiliur With the business and legal affairs of the company, goes on to say that certain statements cor.tained in the affidavit ot 't. R, Butler are apparentiy incorrect and based upon mistaken belief ‘The deponent denies the } existence of auy contract tor the construction of the Blevated road entered into between the defendant aud | any private ring, an also denies that any persons eon- | nected with the company design to make any undue | oF extravagaut proit out of the building of tho road \ | atthe expense of the company. He further denotes that any directors or officers of the company bave procured any charter or otuer act with intent to de stroy the benefs to acerue to vtockholders (rom the building of the road, and deulos that tho defendant compuny has agreed to pay to the New York Loua | and Improvement Company, or to uny other person, $2,000,000 per mile jor the construction of thy pro- posed road, or that they are privy to any contract in which it 1 agreed that the builders of said road ehall be paid $300,000 as the cost of its construction, or that the eifect of any agreement made is to divest tho defendant of any of its rights or franchises; aud he denies ench aud every other allegation coucerning the relations aad transactions between ibe defendant wad Improvewent Compauy not alterward admitted, With regard to the statements contained im that afl. davit the deponent alloges the fucts to be us follows ;— ‘The stockholders of the Gilbert road veing desirous to build their road in the most efiicient, rapid and eco- homical manner jor their own couveuicnce and ww se- cure their stock in one joint interest, which should Prevent dissipation and separation of existing inter. ests ponding the construction of tho road, decided to unite all their stock in one joint interest, thus to unite their funds, with the view of operating it when done under the charter and power of the detendant, XO STOCK IN THE MAKKER. Acting under the advice of counsel, they resolved to make this union of their interests in a corporate form, and accordingly, having associated themselves in in- terest with other capitalists, who were organized uncer a charter granted to thoy New York Loan and improvement Company, they have siuce, through the instrumentality of that com- pany, contributed and intend to continue the contribution of ther money to the build- ing of said road without the issue to the public of any stock or bonds whatever, and without asking financial aid in any way trom the public, being repaid 1 the stock and bunds of the Gilbert Company issued asthe road 1s completed; all profits which may be mare will thus be solely aud entirely tor the beneiit of the Gilbert Elevated Railway Company and ite stoc holders, ‘the suit formerly brought’ by Dr. Gilvert Against the defendant was discontinued soou utter it was begun, of which the deponent beheves the aiiant Butler was aware at the making of his uflldavit, iho coutract of the New York Loan and Indemany Com- piuy is to deliver to the Gilbert Elevated Railway Company a, completed road, with wil stations and equipments, over the ‘whole of its line beginning at the Kattery, thence to the Harlem River, om tue west side of the city; thence along the Hurlem River castwardly and down on the enast side of the city to the place of begining. The contract with tue Euyemore lrou Company reterred to in said Butier’s uifidavit is only fur a portion of such work—dves not include stations, equipment, cost of fouauatious, rent estite, turn outs, switches, side tracks, shops, car und engine houses, nor avy of the many other heavy ex. pouses necessury to be incurred; nor does it provide for any of the heavy ciaims for damages which plain tif asserts the Gilvert pany 18 lable for, all which is covered by the New York Loun and Improvement Company’s cugagement to furnish a completed road with equipment and appurtenances free and clear, Deponeut ts advised und believes that the alle gations of said Batlor in this regard are not pertiuent to any questicu involved in this motion, and ho verily beueves they are introduced morely in the hove of creating prejudice and fulse ideas im the public mind, Depouent ts sed to believe these to be the pur- poses With which these entirely erroneous statements and estinates ure put forward io said affidavit, 10 part vecauso be finds that by the first report of the State Eugineer, based upow the sworn statement of the officers ol ihe sixth Avenue Kailroad Company, the actual cost of thut road, mcludiug reul estate aud equipment, Las been $595,579 25 per mie. Th estate acquired by the defendant for its general wu ts bot likely to be less than thut required by at ruilroad, aud the cust of the Kl | cannot, as deponent velieves, ve | that of layiwg the plaintifls’ rails on the surface of the street. | THR CONTRACTS BENRPICIAL, Deponent denies that the result of due contracts and arrangements above referred to are calculated tu im poverish the defendant, but says that, on the cou- trary, they are calculated aud intended to put it ta possessiou of w very valuabie and exteusive property, jor which it will oWe botuing to avy person but its own siockholders, and he verily believes that said com pany Will avall Limes by easily ab @ to auswer for ail amages which the planufl may recover even upon its | own iuterpretation of 1s Foyhts and estimate of its Juries, and as to which depovent on information aud Uehef avers that no legal foundation ts for the claims set up, and that the samy aro put forward without any expectation that they will prevail, but merely us convenient grouud upou which ‘to procure legal delays and postpone the enjoyment by the defendant of the rights couferred oa itby law, In respect to the allegation in satd ailluavit that the p aintiif bas wot takea aby steps to procure Lille to the defendant's pretensed riguts of property in the Sixth avenue, deponeut further says Uhl, as be understands the clams of plajntift as set forth ia the complaint in Lins weuou, ond im sald afivayit th Sixth Avenue Rativoad Company claim an exeiusive right im the air to height above their tracks, to the exclusion of all other means of trabeportation of pus: songers, 1 support of this right have, ag depo neut is informed and vele recently aud stoce the favorable decision of thy General Term of the Supreme Court upou the Rapid Transit act, which pas now been uilirmed in the Court of Appouls, ewused to be built upon tue top of certuin of tts ‘ordinary horse cars, which have been exciusively used vy it since the year 1551, certain small irou rods at eacl corner of the cur, wud Lux epread over the same alignt | covering of canvas, thus inereastug the height of its ordinury cara Irow about tine fect toa this being done, us deponent ts itor | for the purpose of producing a | physical collision between tbe horse cars und the wrought iroa gin fendants’ Elevated Railway, #wbich ar above the plaintiffs? track at a heiguto » The plaintit claims to yonent from setiing up ite ain the way 0 Sixto avenue aud gutside uf tae plant's rai! Toad racks and veyood any space required to be occu. pied by its passing cars, upon tue pretence that such space nay be required by it a svime time for laying turn outs and side tracks along Sixth aveuue, none tops ot re ot the - to be pinced 3 of which side trecks or tara out as « is informed and veleves lave ever yet beeuw or laid, wud wil Of Witch might, i wuthority tor the same exists, Le thrown Out between tho di columns, Wolc will be placed at diat apart aud will way vi only iweon ven ec ptiow Whatsvever t ness of the plants of jajury of its franchise or righis, A VAL FRanciy The plaintift alse etatw lots owned by Ht ou Sixth « the erection of the delea front of said lots, notwithst sand will be 8 occupy spaces that Wa eas to cortain ae will be iinpeded by Ud poste avd colaanes in riding said posts as ature. tdistunces of filty tect apart and will Only avout twelve inches square, | thus leaving forty-nine feet of unencumbered rowdway | im frout of ~ plautiia’ lots out of every | itty ft Deponvnt is advised that the sole | authority under which the plaintiff! has tor m than twenty-live years eajoyed is valuable fran 18 louDd th Certain resoutions by the Common Coun | cil im this city, passed to the yeur 1861, ander which is, WW Wihogs Figuls tue plant sue » Were wuihorized as toliowa:—"Resvived, That | the persons to whom permission i granied by tue fol lowtng resolution bave tue authoriy and consent of the Common Councii to lay a single travk in the fol- lowing streets,.7 & wards extended tot laying of a double tra ufitmed by uct of the 2 € 3 = = < + = Legis tur tue jollowing provision companies by whom su | constructed and their The respective wid | —Woieh authority was atter. and ich Comtared atmony other things ries and roads have been in part igus are hereby authore ized to construct, com exiend and use soch road 1) aud inrough the streets und avenues de- signated in the respective grauts, licenses, Tesolutions or contracts under which the same have beew so 1D part constructed, and to that grants, heenses aad resolat aloresaid hereoy | confirmed.” ‘The contruet referred to i said act un. | der which the Sixtu Avenue Raliroad Company de. rived and bolds its autueriuy coutained the following proviston:—“fhat said parties On being required at any time by the Corporation, and to such extent as | the Common Council shail determine, shall take up at their own expense said rails of such part thereot as shal! be required, und oa failure so to do in tea days after such requirement the same may be di at their expense by tbe Street Commissioners.’’ The said contract also contains provisions which have never been complied with by said Sixth Avenue Railroad Company. especially a provision in the jollowing words:—"They shall the Comp. troller a statement, unt oO 1 y mile of road completed and | vey and transier the said yoad to the etty of New York whenever requi | payment by the corporation of the eo as appears by said statement, with ten per cent ad- vance U oe fie defendant has been advised And deponent ver'ly elieves that under the grant and pr uoted the plainti! has uot derived any such ine air or alongside of its tracke, or tm front of its iol as it now claims, aud bas also ‘beow advised and be- loves that the building of its elovated railway ia the manver provided by law would not constitute & taking | of any right or property of the Sixth Avenue Ratiroua | Company whic would infringo acy provision pro- | tective of private property or tho obligation of gon tracts. Asto ail actual property of the Sixth Avenue Railroad Company which the defendant may bereal: | require for its stations, depot grounds or otherwise, it lak never claimed the tight to take the same, except by due process of iaw and upon paying compensation, BU: ie to the applies to this ease, the stay Dow asked for b} a matter of rixht which has vested in the defendant, as of course as a consequence of giving the undert ing, and if the mew code does not apply, the old co pressly provides for the granting of astay. It wae | ulso claimed that tho effect of the stay would not be te epjoin the judgment, but to postpone proceedings t¢ enlorce tt. Mr, Cloate, counsel for the Sixth Avenue Company, followed in quite a lepathy and elaborate argument, contending that the whole object of the motion w to prevent proceedings against them for contempt ia case they should disobey the order of Judge Soagwick perpetually enjoining tho vuilding of tho road, He claimed that the recent decision of the Court of Appenis did not cover the question of damages to property owners, whose rights, be asserted, sacred.” The Sixth Avenue Company property in theshapo of their franchises, &., would be materially damaged and which the Court should protect. Judge Comstook followed, stating that from tne commencement of the effort to build this Blevat Railroad they had beeo compelled‘to resist most sistent exertions to build the road first and try the right to build it atterward. He did not underraie the opiuion of the Court of Appeals. His opponents by that decision had gained a legal standiug before tha cuurts; they have zow a constitutional law to proceed. under; but this did not give them the right to ride roughsbod over proporty rights, Tue Court of ap- peals bad simply said, you have now a legal right to build, Wn OHH UE WAY with the property owners aud proceed with your scheme. His opponents wanted this Court to say in advance that they would not be pummbed if they disobeyed tho order ol Judge Sedgwick perpetually enjoining them trou Duilding their road, au uppheation unknown to juris prudence, Ifcoutemps proceedings agutnst them we: al trom that order why Any party had the right to stay the execution of a judgment pending an appeal provided they conform with tt ute, A court had also « reght to stay its own judy , but that powor was not so absolute as the opposing connsel ciaimet, Counsel cited several cases 1n support of his position. Astay may be obtained by appeal, but no motion could be made here which Would question the merit of the judgment, Judge Comstock continued at some length, disposing of (he strictly jegal quesiious im. volved, Avout haif-past threo Judge Van Vorst adjourned the Court until this morning, at which time the meut will be resumed, THE NEW YORK ELEVATED ROAD—OPiNING THR CONTRACTS FOR THE EXTENSIONS TO BE MADE, ‘The New York Elewated Rulroad Company received sealed proposals yesterday for the completion of ite double track extension alung Ninth avenue, from Sixty-first street to Kighty-lirst etrect, west side, aud for its double track irom Whiteball street through Front and Pear! streets, the Bowery and Third ae to Filty-uinth street, with branches, comprising aito- gether about three miles of single aud six miles of qiouble track. As regurds the new road on tho cast side, which will connect with the west side road ut South terry, the route proposed, as ulready stated, 4 through Frout to Pearl street, theace Lo the Bowery aud Third ayenus ty Filty-ninth street Branches will also be cou- Structed lo connect With the lerries and the western terminus of the Kast River Bridge and with the Grand Central Depot, ‘the vice presidvat of the company, Colonel Pelton, announced tat as soon as the bids, of which there were eighty-one, can be taulated aud examined, the contracts will be awurded aud work inmediatccly began, Every effort will be made io nuve the ines completed by ary; but should that oot the road will be sullcientiy advanced, particularly ide, 40 us to uiford large additional facti« travelling commuaiy. The peer, Mr, Courtright, in suuiaiutuing bis prosideut aud directors, dee! the capacity of the present road cannot be 10 aud satistactorily run short of making it a double track, The cuustruce tion of a double track on the east side of the city trom tbe South ferry to Central Park, 4 distance of tive miles, With equipments wud appointments Becossury to its full runuiog vperation, he estimates at a cost of $1,625,000, or $825,000 per mite, Ln this estimute ts Included sixty passenger lwenty-five dummies, @igut stations to the mile aud eugineeriog. This mate does not iuciude the suin of $275, tate, car houses, machine shops, &c. cost of $1,900,000, te estimat sSengers per anourm at 14,700,000 und tue receipts at $1,550, 000, RING RESTITUTION. FORECLOSURE SALE OF A PORTION OF PETER B, SWEENY'S AND HUGH SMITu’S ESTATES FOR THE BENEFIT OF THE CITY, The announcement of the sale under foreclosure mortgages, for the benefit of the City Treasury, of portion of the estate of Peter B. Sweeny, held con- Jointly with Hugh Smith, attracted quite @ largo at- vendance at the Exchange Sulesroom, Trinity Bulld- ing, yesterday at noon, Among the number preseut were James roeian, the Culitornia millionnaire; &. 3. Higgins, the carpet deaier ; ex-Chamberlain Brauley, soo-.-law of Sweeny; Jobu Murphy, the brick muker, and others ‘The bidding was conflued to a bd Was Not active, conditious of tne mu totlowing is a rices realized: 105. 94126508, ¥K111, ow the east side nNing at the southe: Thirty-fourth street, with buildings thervon, was seid Hey wood for $260,000, plot of land 104.4124 6x98,0x161, on the east ot Broadway, beginuing at the northeast corper of Thirty-third street, with stores thereon, was sold to Jobu Murphy for $257,0U0, The above two parceis of property are jointly subject to a mortgage to the Mutual Lite losurance Compasy, which has agreed to apportion the amount thereat, #0 | that each parcel wil be subject to a mortgage of | $140,000, at seven per cent. West Thirty third street, four story high O00 Louse and lot, 25x60x08.9, was sold for $25,000, subject to $20,009. No. 140 West Tnitt, foot cast of Seventh aveaue, fou story brown stone | house ant sot, 26x93,9, was'sold to J. B. Mauntug for | $27,500. No, 27 Bast Sixty eighth street, near Fourth aveoue, | four story brown stone house and lot, was soid to Le | Toplitz for $27,250, Dy. 21 Kast Sixty-elghth street, four story brown Stone house and lot, 256x100, was sold to Sheriff Ber. | nard Reilly tor $27,004, subject to $21,000 mortgage. . | . The plot of laud, 100x120, on the murtheast corner of , Lexington avenue ang Seventy-iourth street, was sold toJ. Murphy, tor $15,200. Tho plot of lund, 105x102.2, ou the northeast corner of Lexiugion avenue and Seventy-lourta street, was bold to Jou Murphy tor $ No 17 Bast 0. ty -eighth street (#1 Lot suld, our were tne tour jeventy fourth street, 106 feet lows on the Boren side of wast of Lexipaton avenu ‘The property sold is under leases expiring on the Ist ot May next, excopt the unimproved property. & 00d title 1D fee simplo and a good warranty deod given On payment ol the ten per cent required by the terms ot sale, HISTORY OF THK PROPERTY. | The Broadway property was placed in the market in T8068, S..N. Prko Wasim egotianon for it tor the Purpose . Sweeny bought, | Hugo Suith. On this property of avout $400,000, No, 140 West Thirty-fourth street i¢ ) the tesideuee of ex-City Coambertain apd ex-senator Jolin J. Bradley. 101s am eiegant and costly mansion, the Lurkiss bath attacament baving cost over $12,000, ‘The Kast Sixty-eigtth street property is @ portion of large plot that wus jommtiy owned by ‘Tweed, Sweet Counolly aud Haga Siith aod ex-Collector of the | Port Thomas Murpny. Tne property was bought in 1869, and subsequently sod to Jobu C, Thomp- son ate larg vt, and @ busldng loan made him for the constraction of a number of brown stone houses. ‘The contract was fulilied, but the panic and tho crash caine, prices wemt down, the building mort. wages were toreclosed, aud a large part ot | ihe property tell again into the bande | of the original owners. Sweeny and Smith | took these thtee houses as their shure. ‘The Lexing. | tou avenue property Was bought 1m 1863, just beiore the uvenue was erdered to ve cat through, | boon stated thut certain parcies in the Ri | possession of the intormation in adval | was to be the and reuliged a ages from the ji “Do you think the sales are bond fide and genuine? od the Her. porter of the auctioneer. cau better answer that question,” was reply, When the ten per cout is pues > bi