The New York Herald Newspaper, October 9, 1877, Page 5

THE COURTS. Liability of the Trustee of an In- demnity Fund. FREEDOM OF THE PRESS. Another Legal Raid Upon the Estate of Judge McCunn. UNTIMELY REAL ESTATE SPECULATIONS. There was commenced, before Judge Freedman, holding Special Term of the Superior Court, yester- day, the trial of suit brought by Francis Morris and “ E. Sinimons against William H. Webb. ‘The action is brought to recover $37,650 on the alleged iiability of the defendant, as a trustee of a fund of $40,000, which was placed in his hands by a third party to indemuify ‘he plaintiffs against a lows they nave actually in- Sdrred and against which Webb agreed to indemnify them in the fund'named. The plaintifla wore Itkowiso security om a bond to release property of the Central American ‘l'ransit Company, attached at the suit of the Atlantic Mail Steamsbip Company, and hold as counter security to protect themselves, A pew company was alterward formed by Webb, called the North American Steamship Company, of which he owned moro than one-half the stock and which was entirely under his control, The new company bought out the steamships of the Central Americau Transit Company for $60,000, whieh were to be paid for on delivery. The plaintiffs, however, retused to assign the title to the steamships they beld until they had some other security in place of the same. It was accordingly agreed by Webb, wuo was prosident of both the Ea ge with the plain- life, to rotain $40,000 out of the $600,000 purchase money, to bis own bands, individually, as a fund to 1n- demanily the plaintiffs, Subsequently, however, in- stoud of taking the $40,000 in money’ Webb got the new or purchasing company to make a note for $40,000, payable on demand, without interest, to tho order of the ola or selling company, and the latter in- dorsed it over to Mr, Webp as an indemnity, Tho Rote and its proceeas Webb was to hold to secure the plaintifs, © Hability of the plaintiffs in the attach- ‘ment suits was not fixed until more than six years utter the date of tne note, which had thus become out. lawed. The company became insolvent. and Webb ‘was unable to pay, hence the present suit, The de- fence is that was not habie for anything but fraud or wilful negligence in solectng, the note. Messrs, W. D. Hennen, J, A. Cantor and Dennis Mc- Mahon appear ior the piaintifis, and Mossra Butler, pees ‘and Stillman and ex-Judge Porter for the de- eudante, LIBEL SUIT AGAINST THE WORLD. The trial of the suit of Alfred Spoer against the World, was commenced, yesterday, before Judge Speir, in the Superior Court, The suit is brought to recover $60,000 damages for an alleged libel published In the New York World, on the 18th of December, +1878, containing the following words:—‘He,” mean- ing tbe plaintif, ‘can bear with equanimity the cen- sure of the coroner’a jury, since it 1s only a repetition of tho consure which everybody who has heard of his Pescality has expressed about him.” And also tho following words:—"But we may say, with periect justice, that the house which Speer put up to fall down proves Speer to be a rascal, and affords at loast & strong presumption that the money with which it was built was obtained by Spcor not through honest industry but through some form of fraud. Poetical @Dd practical justice would be done if Specr’s victims and their representatives should get enough money out of him in damages to impoverish him and turn bim loose upon the world to begin lifo again with a warning, which he would not be likely to forgot against doing dishonest work for his liviug.’ The _plainti charges that this publication was fuise and’ malicious, and demands $50,000 damages, The dotendauts anawer by denying shat the Publication was false or mulicious; that the plaiutll ‘has been injured in any manner, und state by way of mitigation tbat on or about the 6th of December, 1873, a building which bad been erected and was owned by the plaintif at Passaic, N. J., foli down and fatally injured certain residents of that town; that at the coroner’s inquest 1t wus shown that the building was not sufficiently strong and that he bad when building the house left out certain interior props to Suvo expense; tnat tol ry braces bad been put in without which the building would have fallen before AUbat the timber was too small and that the accident ‘Was the direct result of negligence on the part of the Plaintiff; that upon such nogligence the jury found a ‘vordiot of spiny of gross pamigonee. egainst tho plaip- ff, which verdict was generally commented upon at the time; that criminal action was subsequently ‘rough eee him and the platnuf? was severely ensured by every one who charged him with ruscal- ity equally offensive; that the arguments as set forth were trao, and that the publication was made inad- vertantly im the absence Of the editor, who when the plainuff was acquitted on the criminal chargo ex- ressed a willingness to make any statement which justice would require. JUDGE M'OUNN’S ESTATE, ‘The old suit brought by Mra. Elizabeth Patterson againat the widuw of the late Judge McCunn, ap- pointed under the will executrix of the estate, after having been tried some months ago tn Supreme Court, Bpecial Term, before Jadge Van Vorst, came up for trial yesterday, before Judge Donohue, in Supreme Court, Cirouit, om the issues which it was decided at Special Term should be tricd The suit is really for construction of the will and par- tition of the estate. Ags will be remembered, Mrs. Patterson claims to be the niece of John H. McCann. It 1s claimed oo ber behalf that the filth clause of the will susponds power of alienation tor More than two lives then in being, such clause pro- viding that at the end of six years succeeding Judge McCuno’s death the ostate snull be soid and the pro- ceeds divided among the legatees in accordance with sho other provisions of the wil The defeuce is that the plaintiff is not a niece of the decedent, aud that the alleged marriage of John H, McCunn to his second alleged wife was not a legal When tho matters ot fact aro determined in the present suit the case goes back to the Special Term for decision upon the questions of law involved in the case, Ex-Judge Jones and Christopher Fine appear for the plaintiff, and Henry Daily, Jr., for Mrs. McCuon and Thomas McCuna, a brother of the lute Judge, ONFORTUNATE POWER OF ATLOR- NEY. Paul Janvin, formerly @ merchant in this city, but ow living in Switzerland, claims that before leaving this city ho gavea power of attorney to Louis H. Pigolet, a lawyer, to collect dobts owing to him. Ho says, further, that Pigolet collected $23,500 and bad Hated the same to his own use, barring pay- ment of interest on the eame claimed to havo been invested for his account. Not being able to obtain the principal Mr. Janvin instituted ind application Court, Cham- bers, for an attachment against Pig The latter does not deny the iadebtedness, but asks time in which to pay it, having, a8 he says, invested the money im Foul éstate speculations which proved disasirous on ac- e heavy depreciation in real estate vulues, jon, given yesterday, Judge Barrett granted quiring Pigolet to appear and explain his conduct In the premises, FABRICATED TESTIMONY, Caroline Kober sued James Cartwright in the 3u- preme Court for $5,000 damages, alleging a brutal as- gault, Causing a miscarriage. Upon an order ot arrest Cartwright was incarcerated in Ladiow Street Jail, Mr. Hagh Coleman, on botalf of Cartwright, made a ‘motion to vacate the order of arrest and discharge the risoner, which camo up lor # hearing yesterday, be. Tore Judge Barrett, in Supreme Court, Coam \ Numerous affidavits were produced by him contradic jug Mrs. Kobe: statement and averring that no as. Sault was committed on Dr. Joyce, who attended her, swore that she bad po miscurriye, and, in fact, mover was eocointe Judge Barrett remarked, in nia opinion, that the etory as to the iniscarriage was fabricated, and ¢rantod the motion, with § avd Mr, Cartwright was discharged, SUMMARY OF LAW CASES, In tho suit of Alvab Beebe against John Garvey, in Superior Court, an order of reference bas been granved to ascortain whethor tho judgment, amounting to nearly $3,000, upou which execution has been issued, has been sottled, the execution to bo stayed in the moantine. Frodorick Prouk was yosterday appointed guardian ad hiom by Judge Robinson tor William J. Hamilton, who bas brought a auit to recover $15,000 from the owners of (ho steamer J, R, Martian for injuries re- ceived through alleged nogitgence. ‘Tho Supreme Court, General Term, met again yes- Vorday pursuant to adjournment last Tuesday, Several uses Were argued on appeal, but none of them of | special public ioterest or eliciting facts not brought out at the trials of the various casos, It was an- noupeed that some thirty decisions would ve given to- day 1 cases argued at the last June term. Alexander Davis alleges that some tea months ayo he gave George Davis, hin gon, aged five years, to Benjamin Davis, to take care of temporarily, and What tho Jatter refuses to give him back to him, Judge Barrett yesterday granted a writ of wabeas corpus di- recting tbe production of the boy in court, when the iuots of the case will be investigated, Owing so some lmisapprehension in tho service of papers the examination of John J, Cisco & son and BLBRALD, Wien was sct down for yesterday vefore Judge Barrett, was postpooed I to-day, d Messrs. Townsend & Y: ‘ale, dry goods merchants, claim to have sold to H. Vebazobi’s Sov & Vo. a billot goods amounting to $3,900 on the represepiations as to their solvency. firm shortly afterward weat into bankruptcy and the bill remains unpaid # brought for the amount. The trial of the » was begun yesterday before Judge Van Brant, holding Supreme Court, Cireuit, GENERAL SESSIONS—PARY 1. Before Recorder Hackett, ON THE WRONG ROUTE, William Stevens was arraigned at the bar charged with stealing a horse, wagon and harness und three cans of milx, ali valued at $600, the property of Thomas Mulheda, It appoared that while the com- Pplainant was delivering milk to one of bis customers, on the morning of tho 27th of September lust, the ager a on the wagon and drove off with it, le was purst and captured, and when asked by Mulbeda for a: teeth down his The prisoner in horse gotug astray, aud simply took charge of him until the owner should appear, He was found guilty of grand larceny, and sent to the State Prison jor three years. PLEA OF GUILT. William Vanderbeck, who gave his residence as No. 37 Bowery, broke into the apartments of Miss Kate McGinty, 79 East Broadway, on the 7th of September last, and carriod of a quantity of turs and dresses, valued at $208. He was ar and on beiug ar- raigned for trial yesterday picaded guilty, and was seat to the State Prison for throe years and six months, GENERAL SESSIONS—PART 2, Before Judge Sutherland. STEALING FROM AN EMPLOYER, Howard M. Thorp was arraigned at the bar by As- sistant District Attorney Russell, charge with embez- sliement. It appeared that iu May last the prisoner entered the employment of Mr, George McK wen, corn merchant, at No. 142 Warren street, ag bookkeeper and collector, On the 34 of July he collected a bill of $43 75 trom Messrs. Fritz & Austin, Noa, 106 and 108 Reade stroot, put failed to account for it, and shortly ‘after disappeared. He wus subsequontly arrested dn Fitssburg, wuere he had obtained $376 from a Pitts- burg customer on a forged check on Mr. McEwen, and on being taken before a magistrate acknowledged bis guilt, At the trial yesterday, in respouse to his counsel, Mr. Chipman, be reiterated bis conlession, but pleaded that he Was intoxicated at the time, and, being ashamed to return to bis employor, leit tho city. He also urged that he expected his brother would ha’ made the deQoicacy good, In oross-examination by Mr, Rugsoll the prisoner declined to answer whother he nad not embesaslod large sums of moncy at various times from other firms with which he bad been en- gaged. Mr. Russell informed the Court that thera ‘was another indictment against the accused for tor- gery. He was found guilty and sent to the State ‘rikon fora term ot four yeurs aud six months. THE KNIFE AGAIN. Andrew Gavagan was placed at the bar charged with folonious assault. Marguret Callan, of No, 224 West Eighteenth street, testified that on the morning of the 26th of September last the prisoner, with whom she had been intimate, demanded money from her in the Compton House, and upon her refusing to give him any be stabbed her in the arm with a penknife, indicting @ slight wound, The complainant further testified that she had supported the prisoner for the past two years. Jn testifying in bis own behall the prisoner denied avy felonious intent, but the jury found him guilty, and Judge Sutheriand sent him to the State Prison for three years. A BATCH OF MURDER TRIALS, There were five homicide cases on the calondar for trial yesterday with the view of having days set apart for the hearing of each. Assistant District Attorney Russell announced that they would be disposed of as follows :—Mary Sitamous to-day, Joun Shelfer to-mor- row, Louis Reno Thursday; William Puol, John Front and’ James Keonan on Friday; Francis McCormack, James Lynoh, Joun Daniels and Jobn Dougherty on Monday next, PLEAS AND SENTENCES, The following prisoners pleaded guilty to burg- lary :—Patrick Fitzsimmons and John Quilty, break- ing into the butcher shop of G. W. Beekman, No, 282 Yhird avenue; Frederick Pfeiffer and William Walker, alia Brunner, stealing thirty-four pair of tro from the clothing store of Bernard Blumenthal, No. 88 Ludlow street, und Jonn Kennedy, stealing two shawls from the room of Ana McGuinn No, 156 Kast Eightcenth street. Kennedy was soutenced to four yeara and tho others to three years each in the State Prison, COURL CALENDARS—THIS DAY, Surkeme Oourtr—Cuamoxrs—Held by Judge Bar- Tett.--Now. 20, 22, 23, 38, 38, 68, 86, 87, 96, 110, 115, 141, 171, 174, 189, 196," 190, 209, 214, 203, 272, 374, 378, SUPREME COURT—GENKEAL TeumM—Hold by Ju Davis, Brady and Danieis.—Nos, 26, 46, 50, 51, 52, 53, 54, 59, 63, 65, 76, 70, 80, 81, 109, 120, 111, 122, 114, 114, 116, 24, 2, 33, 44, 118, 119, 120, 421, 122 Surreme Count—SpeciaL Tekm—Held by Judge Van Vorst—Law and fuct.—Nos, 661, 617, 046, 634, 624, 416, 561 672, 581, 602, 612, 618, 592. SUPaeMs Count—Cimcuit—Part 1l—Held by Judge Donohue. —Nos. 1268, 1, 1101, 1023, 1318, 1329, 1727, 1302, 1842, 755, 1428, 628, 814, 323, 1811, 082, 1071, 141, 301, 934, 796, 458, 494, 1146, 948, 1048, 1061, 1179, 1142, 1148, 1144, 1148, 1149,'1150, 1152, 1153, 1164, 1159, 116, 1160, 1161, 1163, 1164. Part 2—Hela’ by Juage Law- rence. —Case on—Sandiord et al. vs. The Harlem River aod Portchester Railroad Company. No day calendar. Part 3—Held by Judge Van Brunt.—Noe, 288, 204, 304, 207, 541, 431, 1177, 884, 316, 672, $40, 491, 1i14, 1119, 112 1235, 1191, 1128, 1129, '1131,'1138, 1184, 1188, 1140, Supsrion Court—Gmnwrat Tarm.—Adjourned until the first Monvay of November. SupeRion Court—srsciuu, Teru—Held by Judgo ¥reedman.—Demurrors—Nos. 12, 8, 9. Issues of fuct—Nos. 73, 97, 55, 94, 20, oA. Sureniok Court—TRiaL Txru—Part 1—Held by Joaes ete rey 370, 86 a74, Sh oo, 605, 389, il, O42 io 51, 653, 6. Part 2—Hold (H Chief Justice Curtis, —Nos, Sos 464, 609, 657, 487, 608, 669, G71, 672, 673, 674, 675, 676, 678, 680, 68034, 81, 682, 683, 685, 686, 687, 688, 659, 690. Part 3—Held by Judge Sanford.—Nos, 292, 479, 620, 126, 277, 626, 637, 65, 90, 92, 124, 169, 656, 658, 659, 660, 661; 662, 663, 665, 667, Commoy Pinas—Equity Term—Held by Judge Robe ingson.—Case on—Storey vs, The New York Elevated Railway Compauy. No day calendar. ComMON PLEAS—GANERAL Trem —Adjourned until the first Monduy of November, Common PLkas—IniaL Term—Part 1—Held af Judge C. P. Daly.—Nos. 1,135, 688, 1,008, 1,219, 1,209, 406, 571, 224, 1,130, 965, 649, 1,636, 1.480, 870," 1/005" 975, Part 4—Held by Judge Larremorc,—Nos, 1,360, 144, 1,224, 789, 1,285, 1,388, 1,303, 687, 1,320, 1,324, 1,336,"1,3bo, 1,35034, 1,197, 1,38), 927, Tel.” Part 3— Held'vy’ Judge J.B." Daly.—Nos, 739, 1,296, 1,208, 1,317, 1,341, 1,3 73, 1,379, 1,840, Manins CoprtT—TRIAL Team—Part 1—Held by Judge Sinnott.—Nos. 1923, 1926, 1538, 1776, 828, 1765, 1815 44, 1073, 1974, 1975, 1977, 1979, 1081, 1982, 1083, Part d— Held by J! ¢ Shoridan.—Nos, 1579, 13871, 1164, 1016, 1919, 1920, 3402, 1046, 1948, 1949, 1951, 1953, 1954, 1957, 1960. Part 8—Held by Judge Alker.—-Nos, 1828, 1600; 1662, 185034, 1604, 1559, 1963, 1944, 1965, 1966, 1907, 1968, 1969, 1970, 1971. Court oF GsNkRAL Sgssions—Part 1—Held by Re- corder Hackett,—Tho people vs. Lizzie Sheridan, felonious assault aad battery; Same ve. Charles McManite, felonious assault and battery; Same va Bridget Covesnie, felonious assault and battery; Same va, John Ketch, burglary; Samo vs. David Davison and Rdward MoGee, burglary; Same vs. George Rose, burglary; Same va, Richard Courtney, burglary; Same vs, Audrew Stow, burglary; Same vs. Sigmund Bloome, grand larceny; Sawe'vs. Aibert Rose, grand larceny ; Same Vs. Mary Morton, grand larveny ; Same vs. Henry Shipman, grand larceny; Same va Gussie Robinson, larceny irom person; Same vs. William Decker, lurceny from person; Same vs. Julius Levitt, , larceny from persov. Part 2—Held by Judge Sutuer- land.—The People vg. lary Simmons, homicide ; Sawe vs. John Decker, grand larceny; Same va. Silaman Hirsch and Robert Ryle, grand’ larceny; Same vs. David Huce and David Marsh, grand larceny; Same vs, Anthony Lesher and Joseph Grabam, petit larceny, A RAILROAD COMPANY ENJOINED. In the matter of the application of the Gieudale and Newtown Kuilroad Company for an injuuction to restrain the city of Brooklyn, the Police Commission- ers of that city or their agents, from interfering with the petitioners im laying their tracks on certain Brook- lyn streets, Justice Gilbert. of the Kings County Su- preme Court, yesterday rendered bis decision deoying the injuuction, COURT OF APPEALS. ALBANY, Oot, 8, 1977, In the Court of Appeals to-day the following bus!- ness was (ransacted:— No, 170, Nash vs. Mitchell.—argued by James B, Wheeler jor appellant and Samuel J, Crooks for re- spondent, No. 164, Barkley vs. the Rensselacr, &c., Railroad Company.—Argued by John B, Gule tor appellant and leviag Brown tor respondeut, No 17k. Whito vs, Baxter.—Argued by Joho L. Hilltor appellant aod Thomas G. Shearman tor re- spondent, No, 17% Mumby va Jackson. —Ar; H, Hollis tor uppellans and Josopn spondent d by William Dixon tor re- MOTION CALENDAX, The foliowing is the ‘motion eulendar tor Tu Ocvover 9:—No, 347. Jones ve Welwood. In re Security Lite Insurance Company. Collins ve, Coll No. 857. Thompson vi! No, 468, Same ve. same. No, 366 lu re Me: KNKKAL CALKN DAK, The following Is the general calendar for Tuesday, October 9, 1877:—Nos. 176, 179, 140, 184, 146, 183, 14y and 101, UNITED STATES SUPREME COURT. PROCERDINGS~-THE GRANGER CASES—~DECISION IN HE SUIT AGAINST TH® CHICAGO AND NONTHWESTELN RAILWAY LT AL,--E¥PECT OF SUICIDE ON LIFE INSURANCK. tiers, In the suitul the Unton Trust Company agatust the Houstow and Texas Coutral Kailroad Vumpany, we facta of which baye been fully publisnod 1 toe | Wasnixotox, Oct. 8, 1877. Mr, Chief Justico Waito announced to the Bar that the Court would commence the call of the docket to- morrow under the tweuty-sixta rule Adjourned until to-morrow. DECISION. The following decision has beon handed down:— No. 27. William Frederick Peik etal., appellants, va. the Chicago and Northwestern Ratiway et al, and one other a from the Circuit Court of the United states for the Westra District of Wisconsio. These suits present the single question of the power of the Legisiature of Wisconsin to provide a law for a maximum of siete to be mado by the Chicago una Northwestern Railway Company for iare and freight Upon the transportation of persons ond property cur- Tied within the Stale, or taken up outside the State and brought within it, or taken up inside and carried without, Im Muna & Scott vs. the Peopie aud Chi- cago, Burlington and aioe Sallzaad eet, va. Cutts we have just decided the State may limit the amount of charges by railroad companies for fares and treighta, uvices restrained by some contract in the charter, evem though their inoome may have been pledged as security for the payment of obliga- Mons imcurred upon the faith of the coarter, So fur this case 1s disposed of by those decisions, it remains only to consider a few questions raised hero which were not involved iu tho cases that have already been decided, Hirst—As to the consolidation of the Wisconsin cor- tions with those of Illinois. For the purpose of Promoting this consolidation the legislature of Wis- cousin Qn enabling act, and in so doing pro. vided that if such consolidation was perfected, ‘tho consolidated company shall be and remuiv subject to the laws of the State of Wiscousn and the State of Ihinois respectively, und shall have to all respects the same privileges as hb sbis consolidation had not taken place; provided, thut the laws of Lilinois shall have no force und effect in the Stato of Wisconsin,” i pecasie. Consolidation act, March 10, 1875, sec. 8.) "he samo act also [ayy ane (sec, 2) that the congoli- dated company should “have all the rights, privileges and franchises conferred on the suid companies (those in [iimois as well ag thore in Wisconsin) by the Jaws of the States of Illinois aud Wiscousin respectively the sume, and nol otherwise, as though the suid consolidation bad not taken piace.” In this way Wisconsin, iu effect, said to tue Lilinois compa- mies:—“You may consolidate your interest with those of the named companies in this State ana form one consolidated corporation in tho two States, but in so doing you must, in Wisconsin, be subject to our laws, in Wisconsin all coporations ure liable to bave their charters altered or repealed at tho will of the legisia- ture, Ifyou aro willing to take this risk we wall care for you, within our jurisdiction, procisely ay we do for our own corporations’? pon these terms the consolidation was finally perfected, and the consolidated company now cxisis, under the two jurimdictions, but subject to the same legislative coutrol as to its business in Wiscon- sin as private persons. Tbe Illinois companies might ave stayed out; but they chose to come 10, und inust now abide the consequences, Thus, Wisconsin is per- mitted to legislate for the consolidated company in that State precisely the same as it would for its owa original companies If no cousolidation had taken place, ‘This is the contract by which the Illinois stockholders must abide, Having uvailed themselves of what they supposed to be the advantages of the consolidation thoy cannot repudiate ther corresponding obligations, ‘there 18 nothing, therefore, tn this objection. jecond—The obligations of the consolidated com- pany, under the lund grant to the Wisconsia and Su- Perior Raliroad Company, to keep tbat part of the road which formerly belonged to that company open 48 a public highway for the use of the goverument of the United States, free from toil or other charges upon the transportation of property or troops of the ‘uited States, and to transport the mails at such pricus as Congress may by law direct The United Stutes do not complain, It will be time enough for us to consider this objection when thoy do, Third—As to the effect of the statute as a reguiation of interstate commerce. ‘the law 1s confined to State commerce, or such interstate commerce as directly affects the people of Wisconsin, Until Con- gress acts io reference to the relations of this com- pany to wterstate commerce it is certainly within the power of Wisconsin to regulate its fares, &c., 80 far as thoy are of domestic concern. With the poopie of Wisconsin this company has domestic relations, incidentally these may reach beyond the State, But certainly, unul Congress undertakes to legisiate for those who are without tho State, Wisconsin may pro- vide for those withia, even though it may indirectly affect thoso without, Fourth—As to the repeal of this act by that of March 12, 1874, the Supreme Court of Wisconsin bas decided that there is no such repoal as ia claimed. cae Attorney General va, Ruilroad Companies, 35 Wis., 427.) ‘I'bis is binding on us FYth—As to the claim that the courts must decide what Is reasonable and not the Legisiuture, This is not new to this cage. It has been fully considered i that of Munn & Scott. Where property has been clothed with @ public interest tue Legisluture may ix a limit to that which shall in law be reasonable for ita use, This limit binds tho courts as woll as the people. If it hus been improperly fixed the Legislature, not the courts, must be appealed to for the charge. Sixzth—Tho sale of the Chicago, 8i. Paul and Fon du Lac Railroad Cotnpany. ‘The charter of the company, whose road was sold, does not conior any right which has been impaired by this legistation. ‘hat company, like other railroad companies in Wisconsin, was su joct Lo regulation as to its fures, &c, It 18, thoreforo, unnecessary to consider What might under other cir cumstances have beon the effect of such a sale, ‘This disposes of the case, No other questions need bo considered. It the question ever urises whether the 8 be Oowpelied to Continue Its busiavss at the prices fixed it will be time enough lor us to pass ‘upon it when tt reaches here in due course of proceed- ing. It is n0t bore now. Afirmed, The Cniol Justice delivered the opinion, LIPK INSURANCR, No, 124, Sophia Bigelow, administratrix, and Heary Bigolow, admiuistrator of Henry W. Bigelow, de- coused, vs. ‘The Berkebire Lite lusurance Company.— In error to the Circuit Court of the United States for tho Northern district of Illinois, The Court decided in this case that when the policy of insurance contains a stipulation that tne policy sboula be voided if the insured committed suicide, ‘sane or insane, that the truction of the insured, whether conacious of the criminal act or otherwise, had the ellect of releasing the company. DETECTIVE WALLING’S TRIAL. Tho trial of Detective Garret 8, Walling on charges of neglect of auty and being absent without leave was commenced yesterday before tho fuil Board of Police Commissioners, The charges were mado by Police Captain Foloy, of the Tenth precinct, who testified that In June last be bad been informed that the detec- tive noglected bis duty and had thereupon ordered him to copfine himself tothe precinct, He had engaged two young men to watch the officer and seo whether he would leave the precinct. On August 5 he followod Detective Walling to brook- lyn aud took with him Sergeant Dah; having frst stationed officers at ti Brookiyn tch for the officer’s return. They got to the oille house, No, 344 Madison street, Brook- lyn, at five minutes to eleven A. M, and watched there until four minates past five P, M., when Detoc- tive Walling descended the stoop aud went directly to u tation house, | officer in nis book haa dis- Uinctly specified this viet, For woeks previous be bad known that Detective Walling had visited Brook- lyn, Ho said that one of the men employed by him to follow Officer Walling was related to him. James avd Terrence Hunt testified that they fol- lowed the oficer to Brooklya under instructions given them by Captain Foley, Detective Handy testified that Terrence Hunt was formerly a barkeeper and bore a bad character, The caso was then adjouraed till Monday next. SERGEANT WOODRUFE'S CASE, The examination in the case of Sergeant Henry K. Woodruf, of the Tombs squad, charged by Counsolior Jamos Oliver with libe!, was finished in the Tombs Police Court yesterday by tho Sergeant waiving further examination and asking to be tried in the Coart of Geueral Sessions, Justice Flammer fixed bul 1m the sum of $500 aud the papers in the case wore sent to the District Attorne, THE CLUBBING OUTRAGE, OVFICKR MINK HELD TO ANSWER BY THE PO- LICK JUSZICK, Justice Duily, sitting in the Tombs Police Court, yes. torday heard the evidence in the caso of Patrolman Mink, of the Fourth precinct, charged with brutaliy aud unwarrantably clubbing Patrick O'Conner. The first witness was Richard Costolio, who testified that O’Conuer ollered no resistance to the ollicer, and that the latter struck him several blows on the bead with his club; after the first blow O'Conner tried to run away, but the policoman followed him, and catching him im the yard of No. 124 Chorry streot, struck bim repeatedly with his club, kuockiog mim down, proved that O'Conner had } been and had on some occasions ri Tho de- fendunv’s Witnesses Who bad sven the clubbing ad- mitted that tuey did not see O'Conner offer resistance. Counselior Cowun in summing up tor the complainant alluded to Oillcer Mink a8 “he terror of the Fourth ward.’ Justice Dully said;—"While | always protect an offi- cer in the discharge of tie daty, 1 must i this case etice shows the clubbing to have been unwarraoted. A policeman should use bis baton only when attacked and in dunger. Of late the club has been too much in use, andl propose so far as in me lies to puta stop to it, 1 shwll hold Officer Mink in $300 bail tor trial,” The policeman thereupon gave bonds and elected to bo tried in the Court of General Sessions, say that ihe © AN OFFICER ASSAULTED, Joun Burry, of No, 26 Wasuington street, was charged at the Tombs Police Court, yesterday, with bavihg as- sauited Oficer Schaffmeyer, of the Cuurch stroat police, ‘The evidence showed that the ollicer wag called into a saloon to quiet the prisouer who was creating @ dis- turbance, The maa begged to be excused and tho officer allowed bitn to go With & caution, Soon, bow- ever, he returned aud became more boisterous than before, whereupon the policeman took him into cus- wuy. On the way to the station house tho prisonor turned suddenly upon the officer and struck him a heavy blow in the face. He also pushed him agaist a cart and kicked him threo times in the stomach, Barry was beld in $590 bail NEW YORK HERALD, TUESDAY, OCTOBER 9, 1877.-TRIPLE SHEET. COMMERCIAL AGENCY WAR. TBE M'KILLOP-SPRAGUE COMPANY AND ‘THEIR AGENCIES—WHAT THE TREASURER SAYS ABOUT THE QUARREL, The werchaats of New York who are in the habit of ascertaining the stunding aud reliubility of their cus- tomers through the medium of ‘commercial agencies”? were yesterday worning startled vy a card in tho Heratp signed Joseph Frankish, in which the right cf the McKillop & Spraguc Company to continue certain business was seriously questioned. Mr, Frankish boldly of Orange, N. J., Vieo President, of Staten Island, Troasurer—ull of the above named company—as having fuiled in their obligations to him (Mr. Frankish), and warning all per- wons that they did business with the McKillop & Sprague Company in certain territo: at their perish Mr. Frankish made the still furtner astounding an- nowucemout that ho was the sole owner of “fhe Com. mercial Agency” and of John McKillop & Co., in the cities of Philadelphia, Balumore, Pittsburg and Wueel- ™mg, 4nd neighboring territory, and gave notico that the offices of suid agencies were closed against tne MeKillop-Sprague Co,, their associates and sud- seribers, It can readily be understood what an effect this card bad on merchants who were subscribers to this agoney to the extent of hundreds of dollars per avnum, Numbors of them repaired to the offices of the company in Worth street, fur the purpose of coiving ap explanation from the mangers, and all gether thero Was an imterssting ripple ou the watera of mercanule lie, MKILLOY-SPRAGUE Co. ‘ Ty order that the public wigut understand the “true anward) of what Sir Lucius O'Trigger would cull “a very pretty quarrel as it stands’? a HekaLp repre- sentative Waited upon dir, L, M. Clark, tne reasurer of the Commercia! Agency, aud be was’ asked to give the company's version of the quarrel, Mr. Clurk said:—I havo no objection to give the Hagan all the pertinent iacts, Abr. Frankish bas been representing, or, ruther, misrepresenting, this company tor yeurs 1m Paoiladelphia, Our fret contract with him was for five years, und thts was subsequently renewed for tive yours, In the autumn oi 1876—-tho 1dth of November, Mf my mowory serves me Mght—our company entered dnto @p ugree'nent with Fraukish by wuich they bud the privilege, on the Ist day of Soptember, 1877, to take from him the several oillces of the agency belore under his management ia Philudeipuia, Baltimore, Pittsburg and Wheeling. The contract, which hag wever beeu published, apy is now given lor the first time, was that Mr, Frankish should Upou the date bamed give up the oitices, books and papers of the company free trom all debis or incum- brances, upon the tender to him of $15,000 io satis- fagtory paper or security, Ou Thursday, two uaye belore tho Ist of September, I myseli weut to Philu- delphia in order to arrange tho trausicr, but found Mr. Frankish indisposed to ucceed tu uny settlement, Aftorcousulting my counsel, Mr, Richard L. Ashurst, @ note wus written ww Frankisn asking whetuer the tender Was satisfuctory; to this no answor was re- eeived, On saturday we—Mr, Daniel J. Sprague ac- companied ine—repuired to Frankisu’s office and were thero met by a flat refusal to accept our security—en- dorsed notes at one, two, and tures years ior $16,000, iu al) bearing interest at the rate of seven por cont per annum. In order to leave no possible pretext, we then repaired to tho Farmers apd Mechanics’ National Bank and procured $16,000 im four per cent United States beods I then tendered my note to Frankish for $15,000, according vo the letwer of the contract, and it Dore this indorsement:— M. Clark bas deposited in this ik $15,000 0» four per cent bonds Ly secure this note, EDMUND M, LEWIS, President. THK wan, Mr, Frankish also refused this security, and immedi- ately afierward wo commenced legal proceodiogs aguinst him, and msued, on tue Sth of Septomber, a notice that ho was no longer connected with our co pany, hor was be authorized to receive or collect sub- Scriplions therefor. “We bave ampio provis, in tho shapo of affidavits,” said Mr. Clark, “irom Frankish’s own clerks that ho bas made collections and kept back the money from customers nearly eight years, Mr. McKillop bas a privato suit agalost him tor allog- ally using his name, and we have applied for an in- junction against btm.” We havo to-day issued confidentially to our cus- Mr. Le: United su tomers @ circular ¢xplaining the whole allair, BUSINESS TROUBLES. Tho creditors of Berry & Heiser, bankers and brokers, late of Wall street, corner of Broadway, in bankruptcy, before Register Fitch, have olected Ver- non H. Brown assignee, and proved the following Glaims:—Importers and Trade National Bank, 894.18; Charles W. Berry, $6,269 20; J. F. Under- hill, $4,835 92; Ninth National Bunk, $2,088 29; Ira Howard, $3,121 94; Carhart, Whitford & Co., $2,981 28; Mark B. Davis, $4,300; Kibbee, Chaffee & Co., $1,004 07; Oswin O'Brien, $1,683 90; Ackerman & Geer, $275 47, The total amount of habilities is $310,000. Of the claims not proved the following are Ube largest: - ree & Hall, $100,000; John V. Far. Well & Go., $74,415 83; estate of Charles L. Anthony, William Pust and ivorge Hall, $56,805 01; L. Vou Hoffman & Co., $15,293 84; Rockville National Bank, $10,000, ‘The bankrupts a tew days ago recovered u Juagment for $442,061 10 aguinst Jay Gould on goid transactions on tho report of I’hilo T. Ruggles, referee, which, if collected, ia suilicieut to pay all their in- debtedness im full, There are, however, certain clalis: bs this judgment which have to be puid beforo the general creditors can come in for their share, Martm & Smith, the attorneys of the bankrupts im their suit against Jay Gould are to have one-quarter of the gross recovery 10 consideration of thei servicos; the claim ot J. V. ¥arwell & Oo, for $75,415 33, duo on the proceeds of their notes sold by the bankrupts, who failed to do- liver the amounts received for them, is secured by an ‘assignment of the proceeds of the claim against Gould, As tue prospects of the creditors being paid in full are 60 flattering it 18 expected that a large pumber ot cred- itors who neglected to prove their claims will now ap- ply to Register Fitch to havo their claims admitted. Philip Stiner, tea dealer at No. 49 Vesey street, has been adjadicated an involuntary bankrupt on the pe- titions of twelve creditors, aud tue case bas been re- ferred to Kegister Little, who has called o meeting of the creditors to elect ay assignee in bankruptey and prove their claims to be held va Monday, Uctover 22, foo Sehedules show total iabiliues of $267,822 18; nominal ussete, $67,479 77; real assets, $6,056 84, Among the creditors uniting in the petition are the following :—lamac Sommers, $3,770 08; lavac Sonnea- berg, $: ; J. H. Seymour & Co., $1,971 44; $1,550; James D. Phyffe, $1, ; EB i Jacob Rothschild, $4,581 ‘bert imgard A mecting of the itors of Kicnard Wortuingto: book publisher, of No, 760 Broadway, was held.yeste day at the office of Register Little, The accounts of tho assignee, Mr. William M. Allison, were presented aud passed; they sbow suiliciemt funds to warrant dividend of ten per cent on the total amount of clai: proved, which is about $40,000, Further proceedin, held in abeyance ty await the decision of Judg Blatehford on aclaim of the Mutual Bunk for rent against the bankrupt. dir, William ¥, Briggs bas been appointed assignee of Pouvert & Co, sugar importers, of No. 45 Soutn street, in place of Mr. Jon F. Alexandre. A mecting of the creditors of Joseph A. Bluxome, douler in fancy goods, at the coruer of ‘T'wenty-tirst street and Sixth avenue, was held yesterday at the office of Register Allen, and @ composition of fifty Cents on the dollar payable iu notes at one, two, four and 8X Months was cuntrmed. The liabilities amount to $38,750 62 ‘The assignment, with schedule aunexed, of Jobo R. Waddy, William 5. Sammmis aud Charles F. Myers vo Roger A. Pryor was yesterday filed in the Court of Common Pleas, The liabilities are stated at $7,122 27, nomiual assets at $85,741 42, aud real assets at $1,347 56, The assignments of Cornelius C. Newborn to John R, Ton and Kendall & Plat to Timothy D. Wright were also Bled in the County Clerk’s ollice yesicrduy, THE GARRABRANT FAILURE, ‘The creditors of Garrabrant, the real estate agent in Jersey City, have agreed to accept the trust deed, already alluded to in the Hamann, by which Mr. and Garrabrant, and their daughter, Mrs. Dewey, and her Lusbaud suoll transfer all tueie property in trust to satisfy the claims of Mr. Gifford and other ¢reditors of Mr. und Mrs, Garradr dved 13 now tp the bands of Counselior James B, Vredeubargh, who will retavt We Cll he ab the compromis WAGES OUT DOWN. ‘Tho following notice, conspicuously posted through. out the depot of the Third Avenue Railroad Company, attracted considerable attention yosterday, though its meaning and purport wore generally known to the em- ployés of the road on Saturday evening :— Orvice oF THinp AvENXUe RaiLnoay Compaxy, New Youm, Oot. G 187? f exigency of the times, wud all other roads ub Cred:\ors shail have agreed to to th 148 the times will warrant, It will be crease wages, Hy order of tho ibxecutive Committee. LEWIS LYON, i reusurer, When the numerous employés of this road vecame aware of this reduction of wag which ig not con- Hred to dri ud conductors, but extends to stabie- wnen, Clerks and all others connected with the road, there was pot, as in times pest, w desire to confer with the oilivers, or 10 appoint &committes, much Jess a disposition to enter apon a strike. All of them had expected this long ago, wad there was not a mo- men’s delay in the regular running of cars. Tuo wages of drivers and conductors has heretofore been $225 per day, which, by the above resolution, has been reduced to $2. Io av interview neld with Mr. Lyon, the treasurer, that gentictoan stated that the Third Aveuue Kaijiroad Company had been the last to reduce the wages of its ewployés, All other roads, inciuding those tu Brook- lyn, (ad reduced wages somo timo ago. Ib bad bo- come a matter of necessity, owing to the geveral fail- ing off in the passenger trailc. In fact, the hard titnes had affected the revenues of the company about twenty per cent, as a iurge number of peuplo wore now tb the Labit of walking instead of ridivg, Toi Was especially the case with those who had only a short distancy to go, as It Was the short trivs that paid the best. MABEL LEONARD. New Act and New Scenes in This Modern Judicial Melodrama. LITTLE PAUL AS A RUNAWAY Glimpse of Life at the Country Home of the Harriotts, at Riverdale, CLARA MORRIS TO BE EXAMINED. a It having becn announced, at the close of the exami. Bation op Saturday before Mr. William Siaciair, the roleree appointed by Judge Donohue to hear the tes- tmony iu the proceodings to punish Mrs, Mabel Rogers tor alleged contempt of Court in taking her daughter Mabel Leonard, the child actress, beyond the Jurisdiction of the Court, that the latter would bo called as a witness in the further examination yester- day, there was, as may be imagined, a large crowd to attendance, the greater number having been drawn there out ol curiosity to see the little Paul of Miss Muiton’? in the charactor of witness in tho court room. At nhulf-past two o'clock, the time te which the examination was adjourned, Mra, Rogers and her two childeen, Mabel apd Georgie, as ulso her two hus- bands, Mr, Messam and Mr, Rogers, were ail in attend- ance, The first three persons formed a distinctive family group and chatted freely with one another. The husbands kept rather wide apart, looking on the group, then on one another, the latter interchange Of glances evidently not being very frieudly. Nearly three hours was occupied in the examination of wit- nesses, though few of the facts elicited were such as have not already been developed in the earlier proceed- ings inthe case, The original husband, John Messam, wus reoalled, when ho gavo as the date of his commit. ment to the workhouse--alluded to in bis previous testimony—es Muy 6, 1873, “How did you refresh your memory on this polnt?’? asked Mr. William F. Howe, the counsel for Mrs, Rogers, “John Gilbert gave me the date,” “Jobn Gilbert, the actor??? “No; Jobn Gilbert, the blacksmitn,” This was the only point there was in Mr. Messam’s evidence, STATEMENT OV MR. HARBIOT?. Mr. Frederick C. Harriott, the well known husband of Clara Morris, aug who was appointed by Judge Donohue the temporary guardian of Mabel Leonard, was next examined by Mr. L. L. Delafield, counsel for the Society for tho Prevention of Cruelty to Children, te recited the circumstances under which Mabel Leonard became an inmato of his household at River- dale, Ho thought Mabel was very contented and happy there, and certainly everything was dono in his power to make her 60. On tho day before Mabel left nor mother came there to visit bor. He showed ber into the library and asked her to be as quiet as possible, as his wife was under the influence of mor- phine. Alterward, when bo came home, his wile told him that Mrs. Rogers went into the parlor ana played on the piano, annoying her very much. Ho gave Mabel no money while she was thore, and she had none whoa she came, us far as be knew, “What was the last you saw of Mabel ??’ ho came to my wile’s room, where 1 was fanning hor, and asked if the laundress could Ox up her dress for her; I told her ‘yes,’ Sho then asked for a pair of sciusore to cut ferns with, A servant was sent to call her for dinuor, when sho was not to be fouud. Wo seutto the depot and elsewhere parties 1m scarch of her, but could obtain no trace of her, 1 explained the case the next day to Judge Dononue, and he relieved ‘me from ail responsibility.” id Mabol play with your wife, Clara Morris, sub- sequently in ‘Miss Multon’ at Chicago?’ “She did. My wife was much surprised to see her in the cast, and was desirous of getting a substitute for her, but ag she was too weak aid unwoll to re- beurse with a strange child, Mabel way allowed to re- sume her character of Paul, Mr. Palmer had made the arrangements in the caso, Mr. Palmer thought of substituting Miss Thorp for Mabel at the Academy of Music iu Brooklyo. * MKS. ROGERS IN BROOKLYN, Mr, Freaerick Lombard, an officer of the Society for tho ution of Cruelty to Onildron, teatitied to his “piping” Mrs, Rogers und Mabel, alter the per- formance at the Brooklyn Academy of Music, at No. 164 Fulton stroet, He was asked what was the char- q ouse. aon the beat——’’ Mr, Lombard com- meneed to say, “Who ever heard of a policeman on tho beat?’ asked Mr, Howe, ‘The hearsay testimony of the witpess was not al- lowed any turtver, so that this branch of the tnvesti- gavion terminated at this point, Another officer of the society, Mr, Edward Chiardi, was called to count his efforta to fina a Mrs. Hetty. This elict the joke about the whole business boiwg rather ty”? on tbe part of the society, after which Mr, Dolaiield said be had no more witnesses to oull for the present, MABEL LYONARD 43 4 WITNESS, ‘The first witness called for the defence was Mabel Leonard, She was very tastefully d, wearing hat of jaunty pattern aod short skirts suitabie to he irish years, She did not seem to be the least em- Barraswed, but answored the q precocious volubility by her experience on the stage. tion began, however, and aiter si! 1d been sworn, there was quite a sharp argumont counsel as to the propriety of allowing her to give her testimony, “Where do you live?”? was the opening inquiry of ee im living nowhere now; Il am staying at the House of Mercy.” “What was your Orat acqualntanco with str. Jenking, Superigtendent of the prosecuting society 7” “He took me on one rainy day to a carriage toa police court in Fiity-seventh street. The object, ho said, Was to place mo where Mr. Rogers, who 1s said to ‘be a very bad man, would not be able to find ma I was placed at the Sheltering Arms, From there | was taken to the residence of Mr, Harriott,” “Did your mother advise yon to leave Mr. Hare riow?’? “No, sir; I wanted to see my mother. I was afraid thoy would put me tu some institution, and so | rao away.’’ ngendered, no doubt, jefore her examina- LEAVING MB, HARRIOTI’S Hovsk. “What time did you leave Mr. Harriott’s house ?’* “LT lett on the 4:10 P, M. train. =f was going to take the three o'clock train, but alady visiting Clara Mor- ris happened to mention that she was going away on that train, aud as I did not care to be caught I took the Jater train, On urriving at the Forty-second street depot I sent a telegram to my mother to meet me there, I stayed in the waiting room some two hours, and as my mother did pot appear | went to a lady friend and stayed all Bight. The next morning I wont to Hoboken, and there L met my mother, My mother took me to Uuicago, and there I played Paul in “Miss Multon” with Clara Morris for five nigtits. Mr. Palmer asked we tw play if Brooklyn, He said it wag all rigut, and I thougnt so.”” “How many nights did you play in Brooklyn?” “31x evenings.” “Whore were you on tho seventh night??? “Lo Raymond Street Jail.’ HOW SK SAVED UP MONKY, “How much money did you have when you loft Mr. Harriott’s?’” wenty-five cents; | saved up my money ; I tound four three-cent pieces in a horse shoo in te road; my mother gave me some pennies; 1 had twenty-five penuics and exchanged them for a siiver quarter at Youkers; I put the moucy under the carpet in front of the robe in my rooin #0 that nobody could get it; I knew I couldn’s’ get to my mother without money,” ‘Has your mother ever taken you to an improper " “No, sir? NER CROSS-EXAMINATION, The above closed Miss Mabei’s direct examination, after Which she was cross-oxamined at great length by Mr, Delati i that she was away in June lust, but ¢ he exact day of the month; she stayed at Mr, H about five wees, pleasant time while you wero reated very nicely by Mr. Harriott and by ; [had, however, the itch all the time I Scratch that out," said the . ratch out the lich; that’s absurd,’ id Mr, ee bi A did you leave Mr, Harriotv’s?" pursued Mr, Delatield, ‘Because 1 would rather be with my mother than with any one to the world; Mr. Harrivts did not abuse m0, but sometimes he was a little barsh; Mise Morris read tome from the book ‘Litthe Women;’ | Weut out riding @ good deal; I used to go with the coachman to Yonkers; at eight P. M. 1 used to go wo bed, always kissing Mr, Harriott ana Miss Morris be- fore jeaving them; the last time I aaw Miss Morris at the bouse she wus playing With her dogs in the ball; she bad just got out of ved and had Ou ber wrapper; wheo my mother came to see me we walked around the grounds, which are large aud pretty, aad wiked ovor different things; I never told her | mount to run away; I thought of running away when my mother was With me aud Onally determined to go If it took my Hife; | was in the habit of collewting ferns and wild flowers for Miss Morris, who fixed them up very pret- Lily im vases in hor parlor; when | got money trom my mother | toid her | wanted to buy ribvons with 11,” “Did not your mother try to 4st @ theatrical ongage- ment lor you while in Hoboken?” No, sir; tnere was Botning for me ve do there; 1 notin the variety business.” haw ‘Did wot gootleman take you and your mother one ning to Miller's Garden “Yes, nyt “Naue that gentleman,” interrupted Mr. Howe ‘he Chict of Polics of Hoboken; be sald it was@ he took bis own wife there, and so we id of yours ?’? oe She answered, drawling oud the wor “Did your mother ever I fits. leave you with a negro This question, which was one put b; was objected to’ by Mr. lowe, who Canetti line of investigation was allowed he would show bow tho witness was kidnap; and also show up this society which pow assumed to occupy such a high pedestal of virtue. The question was not allowed, and tun pended the discussion us also the examination for the day. DON'T LIk® THB MOUSK OF MERCY, Alter it had been arranged to adjourn the case until to-morrow Mr, Howe asked tho referee if is was not possible for uim to give ap order taking Mabel trom the House of Mercy, where she was very unhappy. “Lot me goto my mother,” bosought Mabel, the tears xushing from ber eyes as she made the besseche ing request, “1 um willing,” said Mr. Howe, “that she go with her tather, Mr. Messam."? “She caa't go with that man,” exclaimea Mra Rogers tu a toue of irate Urmness, “I bave no power in the case,” said Mr, Sinclair, “1 will get out a writ of habeas corpus in the morm ing,” said Mr, Howe; thea turuing to Mabel he said ie her soosuingly, “Be patient, my child,” Altogether it was a touching scone, Little Georgie mingled his tears with those of bis sister, and the mother, clasping both in ber arms, used her utmost endeavors to soften their griet. The throm room, present looked on umaxed, aud slowly, Tose to leave, also withdrow from the court Miss Mabel was taken ia charge by a policeman ang hirs. Rogers and Georgie wont away under the escort of w deputy sherit, CLARA MORRIS TO UE RXAMINED. Mr, Howe, after the close of the day’s examination, gave directions to bave a subpa@ua prepared to bave Diss Clare Morris attend as a Witness at the next ex- amination, The appowrance of Miss Morris us a pare Licipant 1 this judicial melodrama will give addi. tional interest to @ cave which io its progress tage fur bas so largely attracted public notice, eee AKNOLD, CONSTABLE & CO, A communication appeared in the Huratp’s “Come plaint Book” of the 7th inst, wherein the writer ale loged, in substance, that the hundreds of working hands employed ou the top floors of atossre, Arnold, Constable & Co.’s, Broudway, are cramped for meansof Oxit ip Oage Of fire, and that the premises are pee ventilated. A thorough examination of the wi rooms of the rm was made yeserday, and it is bus bel sai to gay that the charges are wholly une founde Aruold, Constable & Co,’s builuing, corner of Fina avenue and Nineteenth street, rau r through to Broauway, w! #® 0st oXtensive reiail business ig conducted, The wholesale department, on Filth ave- Bue, CoCUptes that portion of the establishment which wus recently tnished to accommodate the trade re moved up town from Canal street in 1868, The win- dows of the work rooms are furnished with revolving steel shutters, and the entire place is thoroughly ven- tilated and very finely lighted. The pussagewaya leading {rom tho upper floors, where moat o1 the oper- atives are employed, are roomy and conpected with the street on Broadway and ob Fifth avenue, The two main stairs leading irom top to bottom, are from four to five tect wide, aud ono of the threa ele vators, thut Is constantly in motion, ts capabie of car- ryiog \wonty-live persons, ‘The particular st > which seoms to the one mentioned in the com. muication to the ‘Complaint Book,” is three and a hal! teet wide, The work poopie aro obliged to use it on ordivary occasions, in order to save the annoyance of their passing through the stores tn business bourse; but, of course, iy case of accident: by fire all the aves nues of egress would be promptly used, and the estad- lighmeat could bo emptied ta Jess thau three minute, A tauk, containing 5,000 gullous of water, 1s located oa the top fluor, and @ fire enginoer may be seen always on hand to cuse of emergencies, 4 THE LUMBER YARD FIRE. BELIEVED TO BE THE WORK OF AN INCEMe DIARY—THE TROUBLE AMONG TH& FIREMEN, ‘The fire 1n tbe jumber yard of W. H. Grace & Co, at the junction of Newtown Creok with the East River, was not dually subdued until about noon yesterday, it having been raging since two o'clock om Sunday. morning. The loss of Grace & Co, is ostimated at $200,000 by Mr, Cooper, a member of the drm, but otuers, including expericnced experts, estimate It ab less than $100,000 ‘There uppeurs to be no doubt that the Lire was tue work of an incendiary. Lt is ulleged ‘that the Long Island City Fire Department was plainly imellictent, aud that mauy of its members were intox- lated. The Brooklyn iremen say that their services were tendered, but that they were requested to stay) on their own sive Of the river in language more bie than olegaut, TEMPERANCE MEN ASTIR, Detoctives O'Connor and Field, of the District At~ toruey’s office, arrested yosterday Philip Holland aad James O’Brien, proprietors of the liquor saloon No, 281 Canal street, and the bar tender, Edward vrake; also Patrick Skeliy, proprietor of the liquor salooo No, 306 Spring streot, and his bar tender, Thomes Loran, the charge being that of ing hquor without a license, preferred by Dr. Crouvy’s Temperance Asso clauon, ‘Beoch warrants for their arrest were, on aps plicution, issued by Rocorder Hackott, and the ac- cused gave bail in the sum of $500 to appear for trial. OLIVER COTTHR’S MOVEMENTS. William H. Mundy, lawyer aod eounsel to Oliver Cotter’s band, “reese before Justice Wheeler yes- terday, in the Harlem Police Court, to prefer addi tonal charges against the Excise Board. Mandy and the Judge wore aloo together for some time, understood a aew departure 1s on the Lapis, GONE BACK TO CANADA. Samuel Strong, tho clerk of the Western Lnsurance Company, of Toronto, who was arrested by Detectives Kealy and Vou Vetcnten, in the Metropolitan Hotel, on Saturday, on charges of committing forgeries on the Commercial Bank of Canada, was before Justice Morgan yesterday morning He consented to ret to Toronto, and the above mentioned officers started with bim last night. MUNICIPAL NOTES Tho Board of Apportionment yesterday autBorized Comptroller Kelly to issue assessment bonds to the amount of $4,741, 700 to replace similar bonds falling due on November 1. The Board of Education sent In thelr estimates yes. terday, which amount to $3,949,800, Last year they received $3, 5:00. Mayor Kiy had bis usual rush ef visitors (rom twelve, until three o'clock yoaterday afternoon. These hours, are Dow devoted each week to the reception of all classes of persons, bo matter what may be their |e aad ess OF occupations, Office-seckers generally inate, Many of the local states around the City Hall look lorward with nervousness to next mags] of the Tweed lovestiguting Committee. Th fea that the sinecurista’ list may contain some of theif hames, A regular mooting of the Board of Aldermen will be heid this afternoon. The subject of increasing our water supply, it 1s understood, will be agitated, The following is Compiroller Tappau’s statement for inst wock ;—Balance, September 29 $1,519,393 51, receipts, $605,529 23; payments, $1,277,181 00; bal- ance, $957,745 s4. REAL ESTATE Six parcels of real estate were sold on the Exchange yesterday 1u foreclosure, aggregating over $68,000, Four of these went to outside buyers, who, sines the recent decision relative to rapid transit, display a die position to venture in improved property especially, The roaders ot the Henao will remember the long contest, just closed in our Surrogate Cour, over the will of the late Jobn D. Lewis, colored, the Catnarine strect merchant, who passed as a white man, cut of his colored relatives, and left the bulk of his real em tate to a white girl he was educating 19 @ Catholio convent. On Thursday next, by order of the execu tors, bis entiro real estate, consisting of forty-one parcels, including sixteen baildii ted 18 the Soventh ward, Canal, Nineteeatn, Thirty-Ofth, 1224, 134th and 139th streets, and on Third, Fourth, Sixth, Eleventh, Twellth, 5. Nicholas and New avenues, be offered on the Exchange, The sale will, doubtless, be one of the events of the fall and attracts large ab teudance of bidders. the following sales wore made at the Exchange yesterday :— BY RICHARD ¥. MARNRTT, Bxecutor's sale to close the estate of Margaret Mo- Tntosi, decoasod, of the two three-story and base ment Briek teu story brick hou gether in site ++ 4,400 of Oth av., to Thomas Rich, 24000 . 4. LYON, Supromo Court partition sale—Frederick W. reierue—ol tho three stury and basemer stone front honse, with lot 18. 9x98.0, No, Bids wb. & we, 279 Th we OF Bd ws Lo fagston, plalucuf, f the three stor: with 1ot 25 0. 25) West Sdth ah, 8, &. 200 N. @ of Bib Generase Materan, plaintiff, tor. Total sales tor the day.