The New York Herald Newspaper, October 17, 1877, Page 5

THE COURTS. _ Estate of Legatees Lost on the Steamship Schiller, QUESTION OF SURVIVORSHIP. A Wily Clergyman Paying the £ Penalty of His Perfidy. LUCKY ESCAPE FROM SMALLFOX. Among the persons lost on the stoamsbip Schiller, which, in May, 1875, was wrecked near the Scilly {slands, were Mr. Joseph R, Walter, Mrs. Mary Ridgway, the mother of Mr, Waiter’s wife, and Mary R. and Joseph R. Walter, Jr., the only children of Mr, and Mrs, Waite {n 1870 Mrs, Walter died and lett by will ner estat she bulk of which bad been left ber by her fath The estate she left amounted to some $50,000, The infant children had cach au independent estate of $15,000, Unusually complicated legal questions havo Qrigen a8 to the digposition of the estate under Mre. Walter’s will, there being no evidence of the survivorship of either of the children or the father, and i being = claimed Vhat the tnheritauco having been derived from the father of Mra, Walter, Moses Ridgway and Fred- erick A, Ridgway take the realty per stirpes, The case came up for argument yesterday in Supreme Court, General Term, before Judges Davis, Brady and Daniels, on an appeni {row a judgment given vy Judge Van Vorst, at Special Term, Mr. George C. Genet, on Dehalt of the appeilants, claimed tuat tre whole estate Vested in the children, suvject only to tho trants, it remains so vested until those who elaim under contingent remainders prove the happeuing of the events which entitle them, or any of them, to the whole or avy portion of the estate; that the law prosumos things that exist to ve right Uutil the contrary is proved; that the burden of the evidence is on the claimants, who, ta tus Guse, are toe Ridgway family; that a is incumbent upon the cluimants to show their tle by proof that ail the contingencies have happened which were condition precedent to their right; thuttuey must therefore prove, to obtain either haif, that oue cuild died before the other, and which one died first, so aa to show that whon one died there were uo heirs of the body of testatrix living to inhorit; also tuat Walter survived the children; that in this case there 18 no Presumption of law. either that they perished at the sume moment, or that either survived tue other, aud that in the absence of the proot the Court will not attempt to pass the estate through the will, but will adjudge on intestacy alter the trust life cstute in the two children provided for in the wi Judge Fullerton, on bebalt of the respondents, contendes on the contrary, that the pecersity for bringing thi action arises trum the fact that all the cestuis que trust under the will perished 10 @ common disaster—the wreck of the Schiller; that assuming tbat these four persons all died at ihe same time, or that there ig po presumption that one did or djd not survive the others, and there being no evidence that one did sur- Vive the others, the Whole residuary estate goes to tho persons described in the will as the children or heirs of Frederick A, Ridgway, Moses Ridgway, Johu Guoo aud Hoary Gupo. Ua bebalf of tue children of Moses Ridgway and others, respondents, Mr. Heaory Araen contends that the portioa of the estate which was reulty dvscends to Moses Ridgway and Frederick A. Ridgway, said Moses being 4 brother and Frederick a nephew of Joseph Ridgway, who was the father of tho Vestatex, and from whom she acquired the realty by devise, ‘The argument was not couciuded at the ad- journment of the Court, and will be resumed suis morning. LURED BY OLERGYMANIC WILES. ‘Tho case of the Rey. Alfrod Thompson, pastor of the Free Methodist Church, of Kigin, il., was called for trial yesterday in the Court of General Sessious before Recorder Hackett, Assistant District Attorny Lyon prosecuted and the facts of graud larceny alleged to bave been commitred by Mr. Thompson and jor which was arrested October 1 in Jersey City, were set forth, On the last trip to this portof the Inman Steamer City of Richmond Mrs, Ellen Cobham was among the passengers, She is the wife of a Baptist missionary ut preseut engaged in his clerical labors at Demerara, and was coming to this country on a brief visit to her brother, @ Baptist minister at Jofferson, Mo. Thompson was also a passonger and on tho vuy- Qgo explained that he bad been passing nis vacation in England with bis father and bad left bis wife und iam. ily in charge o/ bis deacons and elders at Elgin; be prolessed to take up abiding aud platonic inierest in Ars. Cobham, whose acquaintance he formed upon the Voyage, and interested himsel/ iv ber aflaira, ihe re- ligious guidauce of the reverend geutieman was ac- cepted by the lady, aod upon arrival and uoder ols ad- Vice they took up tueir quarters at the West sido Hotel, in West strect. Visiting bor room subsequentiy, he deciared suat she had beter itrust her valuavles— fruits of missionary labor in Demerara—to iis caro, not irom any Buspicion of the honesty of the hotel proprietors or 1umat but as a matter of spiritual und woridly precaution, Mrs, Cobham gave tim her gold and stiver=teu British sovereigns, eleven Kugiish shillings, @ gold watch, a gold peucii case anda pair of carriuge alt of which be put in wis valiae and rele- wed to bis rooin for sale keeping. Next morning he said he had av appointinent xt Castle Garden, und de- parted never to return to the hotel selected by bin for their entertainment. Mrs. Couham grew anxious at bis ubsence and tually concluded that tue pastor of the , Methodist Church wud robbed — uer, The authorities were iwformed and the ievanung clergyman arrested as be was about to take a Wesiorn trai. did not deny his possession of the valua- Dies, but said be and the lady wad maintained the ro- lations of man and wile upon tue voyage, aad from her jot id generusity she bad given him ber prop- erty. The Gefeudant was sent to te Tombs and re- malued there until yesterday, presumably buoyed by the consciousness of innoccuce and tue piilosopny of faith, ‘The thett was proved beyoud doubt vy Mr. Lyon, and then the defendant was called tu the stand tu his own defence, Fortited by his cloth he smiled nd smirked incessantly, and took his notoriety aud its ancillary disgrace as |i ‘that bad fallen ip pleasant places, He uublushingly accused Mrs. Cobbum ot being upeohasie, of vocupying the same rvom with bim and of having iu an hour ot loving dalliance presented bim with the British sovereigns, the Luglish shillings und ber personal adorpmeuis, She was tie Deliah who bad iured nim to the ways of the lost, and to ner wiles Wes duw the osition Le now presented to the peuple and tw the free Methouist Church of Kigin, Mra Cobham was recalled by dir, Lyon, aud denied that her relations with Thompson were uuebuste and unbecoming the wile of a missionary laboring wmong the heathen of Demerara, ‘ue proprietors of the notel proved they had occupied separate rooms, and in no Wise did tho Telation, a8 expluined by the defendant, seem to ex- ist. The Jury, With undeniabie proimpioess, touud | NEW YORK HERALD, WEDNESDAY, OCTOBER 17, 187 of service of a complaint. This motion came on for yesterday betore Judge McAdam in Marine Court, ‘Svambors, The plaintiff and her tather were in court, and it looked a: first ax though the motion would involve @ long coutest. After the defendant's counsel had bey 8 bis motion to discontinue dr David Levy, coundel ior the plaintiff, banved up an affidavit to the eftect that since the commencement of the suit.the parties thereto bad been married and the suit gettied. The marriage was further corroborate by a large and elaborately printed certificate to ¢! offect. This, of course, was the end of the suit, and un order of discontinuance wus at ones ontered by the Court. {i further appekred by the papers that the day following the marriage the busband left for parts un- kuown, 3 U. S. DISTRIOL ATTORNEY'S OFFICE. In the United States District Attorney’s office sov- eral important changes were made yesterday, Gen- eral Tremain, who bas been associate counsel in the trial of civil causes with the District Attorney, bas re- signed his position, and wili be succeeded by General Foster, Mr. Albert B. Herrick has been promoted to the position held by General Fos! organized, of wi churge. Mr, Kawara Vacated by Mr, 5 Samuel B. Clarke will be promoted to the Law and Equity Bureau. Gene retain will remain in charge of the cases ou tbe circuit calendar, ana Gen- eral Foster of the criininal cuiendar, of the present couris, uiter which General Fosier will enter upon his new dutica. All these promotions, District Attorao; Woodford says, have been made in accordance wi the principles of civil service retorm, DYNAMITE ON AN OCEAN STEAMER. In the criminal braveh of the Unived States Cireuit Court Frederick Freck was yesterday tried before Judge Benedict, charged with bringing over in the German steamship Frisia, concealed in atin box ina “cusk of wine, a piece of dynamite eianing from fifteen to twenty pounds, After a jong and patient trial, in tho course of which the Judge* stated that he wus of opimon that there wus nothing to goto the jury, they retired and alterwara returned, stating that there was no possibility of an ugreement, and they were discharged, The jury stood wix for conviction and #ix tor acquittal, SUMMARY OF LAW CASES. Jobn F, Tiljen, charged with assaulting Depaty Col- lector Flood, was brought before United States Com- muisstoaer Sh: yesterday and discharged. In the suit of the Ninth Avenue Railroad Company against the New York Hlevated Railroad Company the order denying a motion for a reivrence to ascertain the damages sustained by means of the injunction was yesterday tiled in the Court of Common Pieas, Mra, Elza J. Campbell claims tnat her daughter, Mary Louisa, aged eleven years, is Hiegally detained by Jessio Campbell at No, 65 West tweaty-Orat str She applied yesterday tor a writ of babews corpus the case, which was granted. In whe suit for limited divorce on the ground of cruelty, brought by Aunette Guillot against her hLus- band, Moaute Gulllot, the full fueis of which were pub- disueain yestorday morning’s HkRALD, Judge Robinson yesterday denied the motion for alimony and couasol lee pendeute lite, in the suit brought by Mr. Folsom, assignee, against Lawrence A. Riley, to recover $25,000, ullegea to huve been emvesziod trom Fairfield & Trask while in their } employ us acierk, tried beiore Judge Vau Brunt, a verdict wus wed yesterday for the plainuif ior $19,768 88, A motion to strike out certain portions of tho amended complaint as redundant aud irr Dt In tue suit of Audreas H, Gouraud against Constanc ‘rust and others, the full fucts of which have already beeu publisbedia Lhe Henay, was Pacmag 8 denied by Judge Robinson, in the Court ot Comwon Pleas. Judge Donohue yesterday directed tho discharge of Jacov Rathgaber, committcd vy a@ police justice in default of Hodmg security for the payment of $4 weekly for the support of his mother. The Judgo held, as there were other brothers aud sisters, no polico magistrate bag a right to impose this burden upooa single brother. Sarah Jano Erbsmehl chargos ber husband, Fred- rick Erbsmebi, to whom she was married in July, isr at Aibany, with vuving abandoned ber und taking up his abode with Leoa Heim, at No. 762 Second avenue, Judge Donohue yesterday ordered a refer- ence in the case to Mr, J. M. Levy to determine the issues in a suit Drought tor divorce, Judge Robinson, of the Court of Common Pleas, yesterday duaied a motion to continue the injunction Obtained at the instance of Franeis B. Loomis against the New York Warehouse and Security Company and otuers, restraining the delendanis trom prosecut- ing @ suit 1p Massachussetts against Loomis to recover on a pote for $106,333 33 made by tne Alabuma and Chattunooga Ratiroad Company, indorsed by Loomis aod others, The injunction was asked for on the ground that the same was brought in pursuance ol a fraudulent combination, and thatthe note was fraad- uleut in its inception and bad been paid, A memento of tho old ‘*Ring” umes was turnisned in a motion argued yesterday belore Judge Donohue, in, Supreme Court, Cuambers, oo a motion to furnish @ bill of particulars im tue suit Drought by J. Jarvis Jones aud William ©. Rogers successors of Edward Jonrs, 10 recover $20,202 47 claimed to be due tor stutiopery furuished tothe ety, The city puts in a cvunter claim, alleging that somne $235,000 was fraud- uleutly obtained irom the city treasury in payment oj stationery villa The motion was to compel the city to lurmeh a billof particulars of such counter- claim. Judge Donohue denied the motion, citing a decision in the i'weed case ug & precedent John Cavauagh was killed some two years ago through veimyg run over by horses attached to a wagou of Adumsa’ Express Company. His widow brought suit against the company ior 000 damages. Un trial of the case the compiaiut was dismissed on the ground ‘nat toe driver oi the vehicle was not in the employ of the company, he having temporarily taken tho regular driver's place, and that therefore the company suould aot be beld liable. Tho case re. argued yes- terday On appeal before the Supreme Court, General ‘Term, and ull the questions of law involved ou both sides Were discussed at length, alter which the Court took the papers, Mrs. Anuw Ross claims $10,000 from the New York Gaslight Company, on account of ulieged damages to , ter hoase, No, 21 East I'wenty-first sireot, through improper coustruction, as claimed, of a cistern ad- Joiming ber house, used by the Gas Company us a de- pository of # liquid which, it was stated, permeuted the house with most nvisome odors, rotted the wood work, stained the walls, aod not only reduced tho rent from $1,600 to $600 4 y but made it almost im- possible to retain a ienant The case came to trial yesterday belore Judgo Van Brunt, holding Supreme Coart, circuit. The defence isa general dental, and agcribes the causes of complaint to improper drainage. Mr. Samuei Uiassey appears tor the plaintif, and dir, Edwin M, Felt lor the defendants, DECISIONS. - SCPREME COURT—CHAMBERS, By Judge Donohue. Blake vs. Blake; Bogerdus vx. Barton; Banks vs. Earle; Erbsvenl ve. Ervsnebi; Kxemps Firemen’s Benevolent Fund vs, Ragner; Bunning vs, Humiiton Davidson va, Lewis (No, 1); Same vs. Same (Nv. 2); Deshoo vs. Deshon xnd others; Gedhara vs. Blake; Graat vs. Schwarz; Green vs. Rowland; Jackson vs. Kitchen; in the watver of Robech; in tue matier of Mechanics and Traders’ Bank; in the matter of ‘Therassen; in the matter of Swarez; m the matter of Sturt; in the matier of Lund; in the mutter of Dun- cay; 1b the matter of Punchard; in the matter ot Swarez, Wetmore vs. Touneile; White vs. Yost; Wood va, McCabe; Union Dime Savings Institution vs, Kowe; Hemmouway va, Schmale; matter of Thomp- kins; Simpson vs. Bank of New Brunswick; Linim Hei the Revereud /hompsun guilty, anu Recorder Hack- ett gave the bypocritical and smirkiug minister tue full penulty of the jaw, uve yeurs in Stale Prison at bard labor, No doubt existed in the minds of those Wid. heard tie testimuny of ihe periect iwao- evnos of Mrs. Coblam and, however lovlishty she muy have acted iu irusting Lerself and her jewels to his cure, of the falsehuod and impudence of the av- fondupt, MEASLES AND SMALLPOX, In 1871 Bridget Tormey was sick with the mensles, One of the physicians attached to the Board of Heuith, afier a cursory examination of ber case, decided that she had the smallpox, aud she was thereupon re- moved to the Smallpox Hospital on Blackwell's Isiand. Subsequently it turned out that the doctor's diagnosis ‘was incorrect, and she was removed, thankfal, as she avers inher complaint, that, uaving been subjected to the infectious surroundings of the hospital, she es- caped without being really taken down with the ter- Tible disease which 1t was pronounced she had upou being taken to the institution, For this risk ol her Iife she brought suit against the ciiy for $10,000 dam- ages, Which resuited in a judgment in ber favor, Jui Van Bruut, Supreme Court, Circuit, overruling ademurrer iniverposed by the cily, that there were not sufficient grovnds ior action. The case came up ov jal yesterday belore the Supreme Uourt, General Term, and was argued at great Jength by Colonel G. W. Wingate in sup- ort of the appeal, and Corporation Counsel hitney in opposition. It was urged by Colonel Win- gate that such carelessness on tho past of a represen- iva of the Bow fiewith aod thus placing uo- min life in jeopard, bot only tho severest re buke, but compensation to the plamtifl as dama tor the risks (0 Which she was thus orimivally subjected, Mr, Whituey took the ground that the city 18 nui Hable lor the negligence of an officer, agent of employé of the Bourd of Health and that the duty of protecung the pubiic health, devolving on the Heaith Department, was purely,public audgovernmentul; that it is not ex: ercised lor the benefit Othe city, but solely as a means ol exercising tue sovereign power of the Stute for the Denedt of all ciuizens; that the duties enjoined upon the Board of Health are to reined acvording to tho disoretion of it oilicers; that in this respect ita funetious are judicial and that no hubility to action for damages can be prodicated upon mistoriunes aris jug trom thelr errors, ‘The Court took the papors, re- werving its decision, A BRIDEGROOM'S TRIP. Recently Esther Siegel, a young lady not yet twonty- One yoars of age, Drought & suit in the Marine Court, by bor father as guardian ad litem, to recover damages from Morris Isaacs for breach of promise of marriage, | On an afaavit which forth the usual grievances of young ladies under such circumstances an order of arrest was issued against the juithiess actendant, No complaint baving beeu served tu tne case Mr. J, Py Solomon, counsel tor the defendant, guve notice that he Would move to have the suit discoutimued for waut va, Mource; Kenzmanu vs. Bebriog; Trimbiegws Le Koy; Sberiaan vs, Kitchen; Sheridan vs. Kitchen ; Green vs. Kowland; Ogle vs. Lembardo; Bomay va Cary; Heat ve. Mulder; Kieveusu Ward Bank va. West (Nu. 2); Kelly vs. Austin; Marshall vs, Bates; Horlitz vs, Gerbariz; Grosiy vs. Blair; Ames Plough Company vs. Sneiling; Thurber vs, Pyatt; Agra quonte vs. Mason; Bluat vs, Comstock; Wustertou ys. Shuw; Dunuing, Jr., va. Preston; Rutgers Fire In- turante Company vs. Armstrong; Mack va. Fizeim- mons; Fucurer v& Missner; Pierce ve. Waters; Keller vs, Porter; Merrill ve, Cascaguio; Ingersoll Kock Drill Company ‘vs. Marposa Land and Mining Company; Ryan Buldwin; Mayer ve, Mayer; Luchenmoyer vs. Lachenmeyer;’ Aberns ys, Heeunyel; Nauoual Broauway Bauk vs. Baldwin; Veck vs. Solimger; Gar- lund vs, Bradstreet; Kalbman vs, Anotanu; Core vs. Manning; Chavies V8, Keiuinger; Winn vs. Clark; White vs, Dimy Savings Bank; Bixvy ys. Schowler et al.—Granted, Cortelyou vs, Mulock. —Motion denied, Cuubb vs, Hough; Sprague vs. Alcoi.—Memoran- du / Cochran ye, New York Fire Escape Company.— Grauted, Memorandum. Denuy vs, Lester; Walker vs. Babeock; Nathan vs. Sebufler.—Motiou denied memoranduin, Nichol vs. Gurusey.—Must be prooi of responsibility ol guardian, » Nolte vs, Thabne and Others,—Granted ; meniioned, Sobu v, Rostinger.—Granted on pay went of costs. People, &c,, vs. New York Juveoile Guardian So- Cloty.—Denied, without custs, Pecham vs. Weeks (NO. 1); Same va. Same (No. 2); Same vs, Sume (No. 3).--$60 aliowauce, Hai va. Morton.—Motion granted, Yorks vs Weeks, —Settied, In the Matter of Weed,—Make proof of responsibil. ity of guardian aud one will be made. COMMON PLEAS—SPECIAL TERM, By Juage Robinsoa, Grosz and avother v4 Daly aud another.—Oraer to continue mocbunics’ Hen granted. Philips v6, Phillips.—Motion denied, with $10 costs, but without +prejudice to renowal on payment of costs of default, Gourand va. Trus.—Motion denied, with $10 costs, to abie tho event, Iu the matter ul seck.—Separate order ip each case. Guillot v8 Gusllo.—Motion for temporary asiwo: (veyoud that the delendant bas beon taraisbing) and counsel feo denied, va, Kelly.—Motion for mandamus deniod, with $10 costs, Loomis vs. New York Warehouse and Security Com- pauy.—-Motion te continue injunction order denied and oruor of injunction vacate, with $10 costs, Seo opinion, Morse vs. Waiker,—Motion to amond denied, with $10 coats, 16 Memorandum, Goudwin vs. Chamberlai,—See inemorandam, lo the matter of Mirdy.—Recetver appointed, Shaunov vs Everett. —Give notice of motion, Suimon vs. Moral and avother.—Motiou geanted, Jessup vs Crary.—Applieation granted, Lyous va, Curtin, —Kelerence ordered, Callahan vs, Rodtke.—Judgment tor plaintiff for de- livery of proporty, with costs, Haraux vs, Suuler.—Adiidavit not suflicieat, See Sebepmess vs. Boussan—Darly Register, March 13, MARINE COURT—CHAMBERS, ‘< a By sodas Lager by tenger vs. Cabe.—dMotion for judgment gran Thompson ve. Thowns,—Motion denied. (See Wuit's Code, page 625; note A and cases cited. Wahlig vs, Scaries.—Motion denied, without costs, Robertson vs, Parry, —Time sbertened to three days from date, October 15, Street vs. Davis. —Security for costs ordered. Biumenthbal “immer; Davie va Vreeland; Lasenrae vs. Lyosky; Barber vs, Koid,—Motions grante Lorett va. Riessner.—Compluint dismissed. Bank of the Metropolis vs. Kobn,—J. Graybead ap- pointed receiver, Garria vs. Lyoch; Barnum va. Carpeater,—Bailable attachment allowed. Hanley vs. Wuitelegge.—vomplaint dimaissed. Soenteld va Rosenstein,—Motion to pay over moueys granted. Bumberger vs, Stern.—Stay granted on terms, v iley; Burns vs, Board- mith vs. Marks,—Motion granted (New Code, Section 483); no costa. Siegel vs, Isaacs,—Motion denied id metic de- clared discontinued, Sheri By Jad, D. ‘Theilmeyer vs, Kosencale,—Case settled, GENERAL SESSIONS—PART 1. Betore Recorder Hackett. A POCKETBOOK SNATCHER. Charles Norton, who attempted tu snatch @ pocket- book from the bande of Mra Sterna, wife of Myel Stera, upon the Sth inst. pleaded guilty yesterday, and was sentenced to four yeurs in the State Prison, STABLE GANG, _ Thomas Bennett, who was arrested for setting fre to the stabiv of Wiliam Simpson, No, 150 Last Twenty ninth street, upon the 23d inst,, was arraigned on an indictment for arson and held to awalt trial, AN EMBEZZLING OLERK. The young salesman, Goorge A. Pride, who was brought from Philadelphia by Detectives Field and O'Conner, pleaded guilty toa number of charges of embezzlement. The accused gave evidence of sincere Penitence, and, as be bad made reparation in full, Assistant District Auoruey Beli asked his sentence to be suspended, to enavie the pri@ of bin protestations, ‘The stern caution, allowed the pri NERKAL SESSIONS—PART 2, Before Judge Gildersleeve, MANSLAUGHTER, Joseph Ballard, bartender at No, 9 Pell street, who upon the 26th of September was found guiity of man- | slaughter in the tourth degree, in having been the cause of the death of a liquor dealer named Michael Carolin, residing at No, 351 Maaison street, was cal lor sentence by Assistant District Attorney Herring. Jadge Gildersiveve commented upon the case and said that the jury, io dnding Bullard guilty of mausluugh- ter in the lourth degree ouly, had granted a mercy which couid pics nO greater extension from him, and therefore he sentenced the prisoner to the full Penalty of the law—two years im State Prison at hard Javor, FHATBICIDE, Carl Messnor, a German, a carvor, who stabbed and killed is brother in a Monroe street factory aud was indice ior murder in the first degree, was arraigned for triul. He pleaded not guilty, and wus sent to the ‘Tombs to await trial, TING REILLY MURDER. Ot the five young men accused of killing Francis J. Reilly, & truck driver, living at Ne. 6 Riage atreet, one Joho Daily bas already beew found guilty of mur- der in the second degreo and seutenced to State Prisou for life; the others have been granted separate trials, aud James Lyoeb, indicted for murder in the second degree, was arraigned yosterday by Assistant District Attorney Herring, His companions, John Daniels, James Dougherty and #¥rancis McCormick, wll young men of the summer picnic type, were brought to the bar and listened stolidly to the trial of their associate {in the fatal iracas, ‘the facts of the bowiciage bave ulready been tully set forth in these columns, On Sunday morning, the 4th of March, Qlter carousing at different saloons and indulging iu severe] struggies which were stopped by the presence of the police, the deceased was set upon by young wen, and beaten, battured and stabbe horrible manner. He tossered to bis bome and died on the foliowing night. ‘The occurrence was wil- nessed by William Kopp, the proprietor oi a lager beer saloon corner of Stantou and Guerck streets, who at the trial yesterday testified that Lynch, the accused, was of the party und hammered the deceased with a stone. ‘The wituess was Gross-oxamined at length by Mr, Will- jam F, Howe, woo appeared tor the prisoner, and Prosecution uaving closed the further bearing of tn |, Case Was adjourned until to-day, ~ CHARGED WITH PERJURY, Samael Victor, who appeared as « witness during the trial of the notorious ‘Albany Jim,” and wig was subsequently arrested and committed for perjury by Justice Fiammer. the charge being tuat of goiug whut 18 known ag “straw bati,’’ was, yesterday, on motion of Me, William F. Kinizing, Gischarged, the Grand Jury baving failed to find au indictment against bim, COURT CALENDARKS—THIS DAY. Supreme Count—CuamBirs—Held by Judge Dono- 54, 60, 94, ¥d, 96, 100, lod, 124, 130, ; 187, 158, 193," 195, ivd, 19s, 109, “2u0, 204, 207, 217, 228, 224, 228, 269, 271, 274, 278, 233, 286, 208, 294, 2¥7, 301, 302, 303, 307, 30s. DSUPREMM COURT—QGENERAL ‘'kRM—Held by Judgea Davis, Brady and Daniels —Nog. 150, 153, 126, 1 17244, 173, 17, 120, 145, 176, 177, 179, 180, 141, 182, 184, 185, 186, 187, SUPREME CouRT—SPxkciaL TeRm—Held by Judge Van Vorst.—Nos, 290, dl, 278, 341, 566, 580, 50D, 606, 574, 605, Bis, U1, 62U, 621, 622,’ 623," 627, 639, 653, 654, 655, 656, 657, 668. SUPREMK CouRT—UiKoUItT—Part 1—Held by Judge Donohue.—Cuse on—Latourevie vs, Clurke, cal ‘No day ndur, Purt 2—Held by Judge Luwrence.—Nus, 17%, 4, 925, 953, 187b3g, 1080, 949, 1256, Ludd, 7, 846, 997, 1792, 970° 1757, 1197, 1193, Lv, 1, 1203, 1204. Pare 3—Held by Juage Vau 08 S84, S40, 1114, 1119, 1123, 904, 900, 8, 90%, 910, O11, VIS, 1711, 775, 844, 1719; YOY, 442) 966, 4117, B97, 406, 139, Screnion Court—GsNakal TkaM.—Adjourned until the first Sopday ot November, Sureniok Court—SrecraL Txum—Held by Judge Freedwwan,—Demurrer—No, 12—L[ssuex of tact.—Nos. 14, 78, 82, 98, 69, 74, 02. Sursxion Coust—lkia, Tarm—Part 1—Held by Juage speir.—Nos, 270, 389, 464, 208, 604, 42, 650, 492, 27, 99, 221, 222, 287, 467, dzuiy. Part 2—neid by Curet Justice Carus. —Nos, 71s, 253, 754, 757, ULL, 625, 274, 464, 657, 608, 072, 678, 710, 624, 756, 385, 742, 492, 476, 263, 779, Gid, U40. Part d—Held by Judge Seug- Wick.—Nos, 702, 620, 304, 306, 306, 307, 308, 292, 184, 287, 554, 143, 257, 208, 300, 480, 432, 439, 37, 729, ComMoy PLEAS—EQuity Ixnm—tield by Jud, iusep,—Case on, —storrey vs, The New York Klevuted Ratlroud Company, No day calendar, Commox PLkas—GENKRAL ‘TkRM.—Adjourned uutil the tirst Monday of November. Common Pie (uiaL ‘txnM—Part 1—Held by Cuiet Justice C. P. Daly.—Nos $20, 270, 702, 627, 684, 1209, 406, 867, 723. Common PLEAS—TRIAL TeuM—Part 2—Held by Judge Larremure.—Nos. 587, 1826, 1360, 1157, 1389, 927, 761, MOL, 1408, 711, 1926, 1291, 1392, 1287, Bb2, 1352, 1396, 1322, 2546, 835. LOMMON PLEAS—TRIAL ‘term—Vart 8— Held by Judgo Daly. —-Nos, 739, 1868, 1339, 1807, 1840, 1292, 1548, 1433, 1804, 1120, 1861, 1371, 1682, 1488, 1384, 1588, 1310, 870, 1005, Making Coust—Triat Tanm—Part 1—Hoid by Judge Sinnvtt.—Nos 2010, 770, 1617, 1642, 1723, 1 i, 341d, 2O1B, Zbdd, 16454, 184d, THd, 2UB4, 2U8U, 4096, Part 2—Hela vy Jucge Sheridua,—Nos. 1lv49, 1053, 2089, 1193, 1961, 1806, 106044, 2072, 2073, 2076, zu7U, 2071, 2078, 2079, 2062 Part d—Heia by Juuge Alkei 622, 982, 2000, 2051, 20. 622, 1742, 1601, 1856, 2064, 2046, 2065, 2068, 2089, 2071. Court OF GkNKRAL Skssions—Part 1—Held by Re- corder Hackett. —1'ne People vs. William Stark, feio- Di0U8 assault aud battery ; Same vs Wiiliam Kayleson, felonious wesauit and balery; Same va Artur U' Keele, burglary; Same vs, Isanc Rose, grand larceny ; Suine vs. teresa Donovan, gruud larceny; Same vs. Beruard Lynch, grand latcesy; Swe va Mary Mor- ton, grand larceny; Same va. Jonn iwerk, grand lurcony; Same vs James Burke, grand larceay; Sane Vs. Jumius MoUlil and George Regan, larceny from per- sou; Same vs, 1bomas Muldoon, petit larceny; Same vs. John Budy, gutabling; Same Vs. James Rowodbuuin, petit larceny; Same vs. Paulip Hollaod e¢ ub, viola- tion of Excise Jaw; Same vs, Edward Drake, vivlation of Excise law; Same vs. Henry Weish, violation of hx- " } Same vs Richard Wallac ., Violation of 1, Violation ie. Part ‘copie ve. James yuch, homicide (continued); Sume va. James Simms, felonious assault and buttery. MALPRACTICE CASE NONSUITED. The action brought im the Kings County Supreme Court, before Justice Gilbert, by Mra Fannte Rose Hap- son, agaist Dre. George K, Smita and Joho Byrne, to recover $25,000 damages tor alieged malpractice in their troatment of her physical aliments, was Onally termi- nated yesterday, the plalntil being nonsuited. Tho cuse excited conuiderable tuterest among physicians and sargeons of Brookiya, & Jarge numver ot whom were Ib attendance ready to give their testimony ior the defence, tuo defendants boing regurdcd by the jacalts"us boing Among the Most eMinepL im thy pro- feasion in bhut city. UNITED STATES SUPREME COURT. Wasiinarox, Oct, 16, 1377. ‘The following caso was argued to-day No, 27, Reod va, Morchants’ Mutaul Insurance Com- pany of Baitimore—Appeal trom the Circuit Court (or Maryland.—(bis was a libel upon i france policy wauod by the company on Keed’s ship Minnehaba, “lost oF mot loxt, at and from Hopoluia, via baker's Island, to a port of discparge ip the Unived Staves not east of Boxtou, With liberty to use Hampton Roads tor orders, the risk to be suspended while the ressel was ut Buker’s lsiand loading.’’ the vessel was lost while at Baker's Isiand by heavy seas, which caused ber cavie to part und let her drift to sea, and the Court found (bat the clause in the policy quoted, ‘rivk sua- pended while at Baker's Islaud Joudine.” discharacd pany from ‘onsibility for the loss, It is id that this 1s a wrovg construction ef the at that the risk was to be suspended only while the bip was luading, and she bad pot commenced to Joad when she was lost, because the sea was so rough she could not. The case turns on the final construc- Mon of these words, whether the risk was to be sus- pedded while loading or all the while she was at the island, whither she went for cargo. Goodrich, McClurg & Bryant for libeliant; Joho H. Thomas for the company. MABEL LEONARD. Pursuant to arrangement Mabel Leonard, the child actress, was yesterday brought before Judgo Donohue to settle the question as te the appointment of a pe! Maoent guardian §=Mr. William #, Howe, ber counsel, to whose care she had osen temporarily entrusted, reiterated Mabel’d wish that Mr. Frank Girard should be selected us ber guardian; but Mr. Dolafeld, on be- half ut the Society ior Frovention of Cruvity to Obil- dren, stated that he had been unable to make suiti- Client inquiries as to the fitness of Mr. Girard, and be asked turther time. Ju day tor this purpose, and Mr. How the coi here The justody of the Sheriff, aud it Was ipti ‘that on Friday Jud, onobue will announce hit posul of her case iv the contempt proceedings aj er for the abduction of Mubel and taking ber beyoud the jurisdiction of the Court. NEW tO THE BUSINESS. George Williams, an oysterman, of No. 156 Perry Street, and Eaward Egan, « bartender, of No, 640 Hud- Son street, wore arrested on Monday night for break- ing into the liquor store of Edward Dew, under the Grand Cenirai Hotel. They had obtained $15 ta movey fromthe drawe: iwo gold rings. Judgo id Bixby yosterday held them in $2,009 bail cach to an- wer, A LUMBER “FENCE.” Uriah Enderly, who keeps a jumber yard at the foot of Horatio street, North River, bas suffered much of late from the dopredations of a gang of young thieves, who curry off quantities of his lumber, On Monday he caught two of them, William McKenna, aged thir- teen, sud Thomas Moo nod 41 id at day they which they eold to Alexanuor Hamilton, baker, of No. 793 Washington strvet, for five ce: apiece, They also contested that year bad stolen wood trom Mr, Enderly’s yard and sold it to Haimiton on many pre- vious occasions. Mr. Eaderly, who.complained that Hamilton bad all the small boys he could get in the neighborhood stealing wood for bim, made a formal charge against him of receiving stolen goods, and Hain. | Nton was committed in $1,000 bail to auswer on this complaint, and the boys were sent to the House of Deteation, THE ARION SOCIETY. The Arion Society, of this city, held their annual meeting Jast night at their rooms in St. Mark’s place. Mr. Frederick Bessinger presided. The report of the financial secretary showed that the receipts tor the year had been $12,278 and tho disbursements iE, 25, loaving a bulance on baud of jog 75. There aro now S31 mbers in the society, tumnments abd excursions were given by the society during the year, ‘he election of officers resulted as tollowg:— President, Frederick Ber: ; first Vice President, Loui Neumann; secoud Vice Prestdent, William Sachse; Corresponding Secretary, John Wilimano; Recording Secrviary, C. M. Vombaur; Financial Sec- retary, J. Luding; ‘Treasurer, A. Walter; Librarian, Gut ning ent in singing. Tho society making arrangements to give @ grand carnival at Gilmore's Garden, JOHN'S GUILD, It was understood that Iagt might the St. Jobn’s Guild would hold their regular annual meeting, but it Was postponed by general oonsent till the third Tues- day ta November, Twenty-five of the members did hold | meeting, however, at their rooms, No, 5 Great Jones street, last evening, Rev. Alvah Wiswall in the ohair. The committee appointed last February to examine into the feasibility of having the guild incorporated under the laws of the State of New York, furnished a Feport recommending its incorporation as speedily as sible, under chapter 319 of the laws of 1848, relat. ing to the incorporation of charitable, religious aud scientific societies, The report turtuer recommended that twenty-five persons be elected as trustoes at ul mext meeting, to serve one your, these trustees to elect their own oilicers and act as the incorporator: ot the guild. The report was received aud ordered on filo to be dis- cussed at the next meeting. M. Faure offorsd a reso- lution calling ou the Chair to appoint a committee of seven to prepare a drait of such changes in the canons of the Guild as may be necossitated by its incorpora- tou, Jt Was unanimously adopted Mr. Joun Hy Thiiey was then clecied warden, and J. P, Faure clerk of tho Guild, and the ineeting adjourned, THE PILOT COMMISSIONERS. The Pilot Commissioners held a rogular meeting yesterday ufteruoon at the pilot office in South street, Commissioner Biant in the chair. The only vusiness before the meeting was tho consideration of the on- croachmeuts of the North Shore Ferry Company, which bas violated the statute requiring docks to be built within cortaim limits, The company in question, {t appears, bas transgrossod tho limits, aod in conse- quence the Comumiasioners yesterday decided to tuke ion against the corporation the violation. THE POSTAGE SLAMP FRAUD, To tax Epitor ov tak HeRALD:. Your issue of yesterday makes allusion to the gather- ing of old postage stamps and the doubtiul uses to which they way be appliod, If the postmasters iu tho rural districts could be induced to ‘Kill?’ the stamps iu the effectual manner practised in England and were pro- hibited from using writing ink anu fancy colored inks for stamping purposes there would be no danger of joss by stamp washiag. Probably live per cent of the stamps uow in use muy, by reason of being imperiectly cancelied, bo re- stored by & Very simple means without the aid ot chemutry,* and these accumulations of United states postage stamps are, boyund any question jo with that object, jt year the story was that ai id \y tn Philadelphia was 1 be cured of an incurable disease by a puysician who wanted a million siamps, which he would exbibit on a pedestal at the Centonnial, aud now it turns upin a new form. When effectual can- cellation, by means of lampbiack and turpentine, biack ing ink oF @ good indelible ink 1s mado compul A postmasters, the Post Office Depart ment will have security agains t up was bers, 3S, ALLAN TAYLOR, No. li Ano st, ‘POSTAL NOTES. An investigation into the alleged opening of letters inthe Havana Post Office was made yosterday after. noon by the Postmaster, without, however, arriving at any dedinite result, A silver brick, weighing about two pounds, was picked up yesterday on the floor of the Post Office, whieh bud evidently become dotuched from the en: velope In a mail bag, so that no clew Co its owner could obtaiued. Tbe precious metal will be sent to the Dead Letter Office ab Washington, A DISHONESL LELTER CARRIER. In Newark, yesterday, William Hartponce, a letter carrier of the Post Office there, was arresied by the United States Marsbal and taken to ‘Treuton for trial on av judictment for rovbing whe United siates mails, The prisoner coniossed to atstructiog money from letters which passed through his nands. A NEWARK BURGLAR SHOT. Ex-Alderman Thomas Gallan, grocer, of No, 114 Tichenor street, Newark, shot a burglar who at- tempted to rob his store early yesterday morning. Mr. Gallan was out during the cvoning, and hang op his coat in @ saloon, On starting for home he tound that his store key had been abstravted from his Col ced that an attempt would be made to ept watch anti! about two o'clock A M., when the vorgiar euterod in company with soother persoo, Mr. Gallau immediately Ured, the bail taking effect in the intruder’s back, just volow tho shoulder biude. Mr, Gallao secured the follow and took bim to the police station, where he gave bis name an By McDevitt. He aman who bad repatati The wound 1s not a serious one, 4“WEED'S CHECKS, Piarrasura, N. ¥., Oct, 15, 1877. fo tie Eprton or tHe Hxwatn;— On my return to-day from the woods my attention was called to Mr. Tweed’s confeasion, as publisted im your paper, Among the items | notice one of $4,931 11 as having boen received by ine, Thut amount wag a check tor the avails of a five thousand doilar note made by me, which Mr, Tweod discounted for me, and which nute I subsequently paid in full and now havo, In the “aggregate” of amounts paid, later iu the “statement,” it Is, f suppose by a typograpbical Crror, Made 10 read $41,951, instead vi $4,Wsl Ie 18 the same item, and $4,931 IL is the cor- rect amonnt Mr. Tweed cannot, and | am wure will not, say that he ever paid me, airecily or indireatly, one penny, or that 1 ever recoived « hoy irom him except as a loan, as abo’ Fy dollar of which L paid back. in the tall of 1809 be contributed $5,000 to the committees of this Sena- torial district, of whieh commitiee the Hom, Smith M. Weed was chairman, and which suin was used legiti- mately in tho canvass of hat ial, That contribution was made October 25, and is the check of that cate rolerred to in the “statement” as having been 1u- dorsed by “Smith Won ©. B. NUBION. ini Senator Sixieonth districh, 7.—TRIPLE SHEET. | teller, A WALL STREET SENSATION. THE MANAGER OF A LABGE ESTATE SAID TO BE IN TROUBLE—-ABOUT HALF A MILLION OF DOLLARS INVOLVED. Bhortly betore the close of businers in Wall street yesterday rumors afeciing the financial standing of a weil known broker, who is also ihe execator of a large estate, were treoly circulated, and grew in volume as they passed from mouth to mouth, It was alleged that there was trouble in the management of the Lamont estate, that the gentleman in charge of the es- tate was adefauiter, and that the Grand Jury were investigating serious allegatiens, which tormed the groundwork of the various rumors repeated irom one end of the street to the otber. In fact it was plainly charged that Mr. George T. lume, the executor afor suid, who bas au office in Exchange place, wasa de- faulter to the extent of $50u,000, In order todathom ali these rumors to their very source aod ascertain whatever truth, if any, there was in this latest gossip of the street, a Hukato reporter was at once despatched to the Clarendon Hotel, where Mr, Plume resides, Without the least delay the reporter Was adiuiited to Mr, Plume’s presence, received po- Ntely wudthe object of bis mission explained. The gentleman stated that be wus not surprised at ‘bo call made upou hin by a representative trom th HxkaLd, tue ruuors of the stree. bad already pr ceded him to the novel, und he had already been 1n- formed that rome malicious persoa had branded vim as a defuulter to ihe extent of $700,000 to $8U,000, ‘Toe truth, however, was that the entire Lamon: estate, ol which be Wad charge, Was not worth over $400,000. . Phis, at least, cut the Hgures cown oue-uali. Ay to a deialeation he hud yet to know what reusou there existed for making such a charge. Airs Lamoui, widow of the late Charles Lamont, wad the lady ost interested, Would certaiuiy not wake such 4 charge. Wuutever entanglement there exisied in his business attairs aud im matters conwectod with the estate, of which be bad oburge, the public bad no coucern with it. It Was purely w family affwir, which woula be settled among themselves only, aod amicably ot tha. He | did not deny (hat there Was trouble in the estate so farusiamily Watters were Concerned, but ue did not teel Limweif cailed upon to explain the nature of these trovples. Thut is ail he des to state In regard to the matter for tue present, and be thanked the re. porter for having giveu him opportunity to siate his ouse as far us he could. In 4 subsequent interview Mr, Piume stated that his busines dovts did Wot amount to over $40,000, and be was not indebted to the Lamont estate more (uao 4 quarter of the amount or its value—say about $100,000. Still De could uot be even positive as to that, as be dia not bave the books at and, uor the figures at bis commund up town, go that all he stated ia Togard to this matter should be regarded as more guesswork, He xiso stated that as a broker te had hot suspended, nor a8 yet made any announcement to Ubat eect to the Stock Exchange; vut be might to day seud word to the Board announcing his inabiliiy to meot his contracts, Mr, Plume stated further that Moni vstaty, though composed of considerable ate, Hevertheloss Was uot all ropresented in ; Mero wae constderable personal propert, R formed part of the and all of whic! was under bis charge. THS LAMONT FAMILY AND ESTATE. At will be remembered that Mr. Charies A. Lamont, a well known Wall sireet broker, mot with @ feartul death at No, 605 Pith avenue a tew years ago. Winle the faipaly were absent at West Pout, Mr. Francis Skiddy and a fow other gentlemen were dining one ufiernoon at (he Lamont mansion, The weather was uxceedingly hot aud the third siory windows were wide open, ine host and his guests Were enjoy ity thelr cigars altor dine ner beiore the vpen window, when suddenly Mr. Las mont, while leaning out of the window, lost bis bul- e, fell to the pavement below, in the preseuce of bis horror struck (riends, and ‘died shortly ater, He lett a widow und three grown up children, who still occupy the same Fitth avenuo residence. Mr. Plume, the gebilomau above named, is the brother-in-law of the jute Mr. Lamout, Not only had they aiways been on excellent terins sovially, but years ngo they were pursuers logether unuer the firm nuimo of Piume & Lamont, ou the corner of Water stroet and Uid sip. Here they carried on the wholesale grocery b rf] for @ number of years, until they embarked tn a sugar retinery enterprise up tho North River, In this busi- ness, however, they luiled, but ata later period paid up every cent, With interest, to their numerous cured- itors, As men of totegrity aod houor uo tirm at the time stood higher in the commercial circles of New York, and wnen subsequently they abandoned this business aud eutered upou the baukidg and brokerage muelstroin of Wall street their good name followed them. Here, however, the firm uamo was changed, Mr. Lamout beng mo ely « silent partner in tue new firm of Piuwe Van Amburgh. Another sileut partoer in this firm was the well kovwo William R, Travers, aod it is said that all these geutie- men diVided ip ome year $600,000, Sinoe tue death of Mr. Lamont, Mir Geurge ‘i. Piame hus continued the business under his own name, the other partuers with- drawing, and tuo estate of the Lumous td@nily, of which he bad exclusive charge, claiming a good deal of bis attention and time, Gentlemen well acquainted with Mr. Plame stato that whatever iniormation he voluntoers tn regard vo hig busivess aflairs can be strivily relied upon for its trath abd correctness, apd that if misfortunes have overtaken bim te will be always touad at bis post ready to reirieve all disasters, The Lamons iamily ways placed imphcit contiderce im ois man. agement of their estate, and will never be permitted to suffer if it is atallin Mr, Plume’s power to regain whatever be may buvo lost in Wallstreet speculations, TALK AMONG THE BROKERS, Among the numerous glock brokers aud capital- iste who generally congregate wt tho Windsor Hotel alter business hours the P.ume unplessuutoces was ehiot topic of conversation last evening. The jority appeared wo however, friendly disposed toward Mr. Piume, aud were unwilling w believe that any crimiual irregutarity could be luid wt bis door. Awell known merchant, for years intimately ac- quainted with the Lamont family, stated tuat what- ever fauits of judgment might come to ligut in unis matter on the part of Mr. Piuine, he was positive that he bud done nuthing without the knowledge of Mrs, Lamont; that if mistakes bad been made in invest- ments Mr. Plume alous could not be held accountable for the same, as other members of the family hud con- stantly bad aun insight into the affairs of the estate and discussed all mutters pertaining to it with the ex- ecutor, Who, Luougn in sole charge, hevertheless often consulted with them, A prominent broker, who resides atthe Windsor, er coutra said that he bad heard that the executor fina used. from $200,000 to $400,000 of the family's money. Again, other brokers stated that the entire amount of dir, Piuime’s tdebtedness would uot reach over $150,000, It was understood that Mr. Pluie was 1M consuitation with his lawyer during the eveniu and that a correct statement of his aifairs would be made out during the da Roal estate men of whom quite a number had assem. pied wt the hotel, denied that the Lanons estate was worth $800,000 to-day, whatever it might have been valued at the time of Mr. Charies Lamont’s untuinely death. A great dealot it was unimproved property, sitauted vear Wasbiogton Heights and K vei side Park, and had considerably depreciated during the it three years. They expressed the opiaioa that Mr. Prome's esimate of the vulue oF the estate, as stated above, was nearly correct. In so far, however, as im Mr. Plume’s own words, @ ‘considerable part of the estate consisted of personal property, stocks and bonds, it would be dificult to get an exact estimate of its value until a regular inventory was tnade up by experts, Mra, La- mont, it was stuied, was DOL 1M the city yesterday, but those acquainted with the Jamily stated last evening that it was well known among them that Mr. Piume had been in Gouncial ditficuld r since he dissolved partnership with Mr. Traver. id Mr. Van Amburgh, kivce When he bad conducted business exclusively under his own nar A BANK TELLER'S FALL, THE NOTE TELLER OF THE MERCHANTS’ EX- CHANGE NATIONAL BANK ARRESTED FOR kM- BELZLEMENT. Moses A, Snyder, @ teller of the Merchants’ Bx- change Nationai Bank, No. 267 Broadway, and living at No, 207 Fourth street, Jersey City, was locked up in Ludiow street Jati yesterday, on a charge of baving embezzled irom the bank Various sums, amounting io | ail to More than $6,000. From the statements made atthe bauk yosterday by the casilor, sir. Allen S. Apgar, it appears that on Monday morning, Snyder, who occupied iho responsibvie position of tuird or note teller, complained of feeling uuwell and requested permission to go to his home, which was granted, Shortly alter bis departure frow the bauk a lewer wi received by the olficials trom the cashier of the First Natioual Bavk of South Bend, Ind, in whieh that offiver complained that his bank bad not been credited with $5,868 54, whica amount, the cashier explained, had been forwarded ip notes of various devominations to the Merchunts’ xchunge National Bank vn the Loth of Septomber iast, Tbe letter was placed in the bands of Soyder’s assistant, 4 young mag, tor investigation, and the Jatier, on looking over tho teller’s uccoun could not find avy entry of this amount He tniorm the cashier, who then made @ thorough search of Snyuer’s phpers, wnd succeeded m finding among them the letter which bad been forwarded by tne South Bend cashier, avd which mentioned the in- closure of notes for the $5,808 64 above referred to, Demdds « list of tho items, forty4wo in number, mukiog up this amount dir. Apgar then made ao extended iuvestigation of Snyder's uccounts, and found that oe bud also purioiwed vurious other suins, making the total amount of the defaication more thug $6,000, Afier banking hours on Tuursday aiternoon Sir, Apgar went to Jersey City and jodged « complaint before luspector Morrison against Soya: arrested at 18 residence that night and I the station hoage util yosterasy mornl agroed W0 accompany the oflicers to this cily without a requisition, and was Unally lodged ia Ludiow Street | Jui, He was taken before Commumsioner Osborn and heid in default oF $10,000 bat! for examination to-day, Suyder, the defaulting teiler, isa young man, about twensy-seven years of age, and bas a wile and one child, Ho entered the employ o1 tne bank toirteea | yeurs ago, When but a mere boy, und siowly but | steadily advanced until he reached the position of note Tho bank OMfolais affirm that they never bed the faintest cwuse for doubting bis honesty, but, on the contrary, always reposed Lie most iinplictt cout. deuce In him. far as they kuew ho was not ad aicied to any of the vices of youth. At appoared, how- ever, that Suyder some time since Joiued a political Organization in Jersey City, and trom that perioa ve- came a heavy drinker, Lt was to these bavits of in- temperance that Snyder, when questioned on Monday night by Mr. Apgar, ‘attributed his tail. Tho amount of the deficiency, which, #0 far aa ascers tained has been only in conneetion with this menth’s account, will be fally covered by Snyder's bouds, which are iu the sum of $6,000, bis father, father-in- law aud (wo disiunt relatives boiug Dis en, Soyder confessed is guilt to Mr, Apgar, Du did not Stute in What manner be bad disposed of the moucy. NEW YORK FOUNDLING ‘ASYLUM, The ladies of the New York Fouodling Asylum Society their dret regular monthly meetiog in the parlors ol the asyium yesterday, Many of the ladies came early, and two of their bumber plied the stenei and brush so indusirious!y that quite a large pile af eloth- ing was indelibly marked before the arrival of Fashe? Preston. Ali the implements of tho sewing room were speedily put aside when Sister Irene announced the arrival of the Chancelior, the ladies arose to ree ceive niin, and when ail were seated Faber Preston, i his Usual geutal Way, Addressed tem, commenting in terme of Warm praise upyn the efficient aia they had readered the institution, presenting the report for the year ending September 3), 1877. The asylum has recoived 685 children, 156 hav to their pareuts, nearly oue bun good nomex and 369 bave 4: ; 2,808 have been vared for during the year, while 1,089 still remain io the care of the Sisters The mortaiity has been lese than during auy previoas period of the asylum’s ex. ISlexce, being Quly avout #iXtcen per cent, 1h sidering (he gouditiva of many of the children Wuea brought there, is very encouraging, With the meane ol purfect solution, allorded vy the quarantige there is litle danger of any comtuyious disease spreading wmong the Inmates, aud those julagts who Bre Voarded out ure under the medical supervision of the asylum ig sheir charges ut monty bv the asylum for inspection, aud every duy I they are allected by any of the milder ail Menis Of infauey, While tu cases of serious sickness the child is takeo into the asylum until 1618 fully ro- stored. Tbe sum of $123,304 88 was paid to Lhese out olde uurses during the past your, and, although the avorage amount (§10) per monte is mali, itis of ea tue meunus o! keeping the rool over the bead of some Tespeciavie poor iamily, Who Diess this means that does a couvle auty, lu addition to its other aud greater work, the ssyium ufords shelter to those Lomeless and destiuve mothers who do not a dou (heir ollsprag During the past year 2/4 ol (hese bupies women have bvven sheltered, 134 Lave beeu discharged, many Of them entering tha fainihes of woaithy and retved oftizens as domemica and giving the bighest satistaction to their employers, Of tue 140 who still remaim all are employed ta various capacities iu the asyium, the mayority in curing jor their own and “turee or four additional bie bies, As they are not obliged to either cook, wash or iron, their duties are mach lighter than toose wie of 4 laboring man, Who Dot only cares tor nierous tamily, UUt Lukes in work besides, The ladies ure desirous of erecting the east wing of the asylum, so 4# (0 wake Lhe meuitution complete in all its appomimeuis, This completed, with tue Lucile tle: rded by the farm at Harrison, will enable the Sisiors co exieud 4 work (hat is already far-reaching 1a its influence, THE GOMERSALL TRAGEDY. KERNEK'S TRIAL IN NEWARK—JUST(FIADLE HOMICIDE THE DEFENCE. In the Nowark Court yesterday, before Judge David A. Depue aud Lay Judge Record, the trial of Josepn Kerner, indicted for the murder of Charles W. Gomer. sull, in the tormer’s house on Maguzine strevt, ua Septembor 23, was bogua, Aftora jury had been se cured the proscoutor opened for the State and briefly traversed the fucte as already tuty described in the Hekavv, He thea cullod Mr, W. H, Gomersull, fathet Of deceased, who testitiod to nis son's death, Oillcer Mossbacher, repeated the story ulready published, as to what be saw on the landing of tho Louse ou the fatal morning and what Kerner stated to him bes foro wud after bis arrest, Drs, Osdorse and Ward gave the Usual medica! tesiimouy, aud a recess wag taken, Attor recess Mr. Kaliseh, tho prisoner's counsel, Moved to dismiss (he case op the ground that the State had fatled to show any evidence that the shoot- ang of Gomersall by Kerner was not justified, and ve- Cuuso it appeared upon the showing of tke Stato that tho deceased was killod at night time in the house of the defendant, who mistook hiro for a burglar, ‘The Court denied tho motion on the ground th: it Was admitted that Kerner snot Gomersall, the bur- dou of proviog justifiability was upon the defendaut, At such a stage oF tho trial to take the case from the Jury would, said the Court, be establishing 4 dunger- ous precedent, It was adnnitted by the Court tout the State bad proven nething but murder in the second degres, Counsel thea opened for the defence, setting forth that they Woutd prove that the shooting waa Justillabie—that Gomersail was in Kerner’s hous jor un uplawiul purpose, He calied Oificer Chari Kovruor, who testitied to being sent to Kerner’s house by Ollicer Mossb.cuer; examined the window ut the bead ot the all, the sash of Which was up and the Bhullers partially opened; looking In the trout room he saw the sola; there was uo pillow upon it unl Mrs. Kerner brought ove aud told the witness to lid down; & person vould yet in the frout part of tho housa irom the top of the gute alonuside the house, ‘Thore were two sluts broken off the fence aud wal on tue outside of the house as if some one had climbed ta through the window, Ou cross-exainination witness stitied that Gowersall’s hat lay up against the walt about seven oF eight inches trom bis body, Willum L Bark « police oflicer, tue bext witness, testified to seeiug Gomersull at the station house, aud als to secing white lime on the kuee of his pants. Soverai other wituesses were examined, ail ot whose testimony went to sbow that Gomersall’s clownes Were soiled with jime, aod that tho bouse Was opeo where bo was supposed to have cusered belore Bo bud been shot. Burther bearing was adjourned until to-day. PUCKEL PISTOLS, AN OPINION FROM THS CORPORATION COUSSED ON & PROPOSED ORDINANCE TO RBEGULATR WHO MAY CARRY THEM, Ata recent meeting of the Bourd ot Aldermen a Tesvlution was passed requesting the opinion of Cor- poration Counsel Whitney as to the powers of that body in passing an ordinance regulating the use of firearms im this city, At yesterday’s session of the Board Mr, Whitney sent im a iengthy opinion ou the subject, 1m which be declares that the Common Coun- cil have full power over the matter, and tueu goes on to say :—*‘Ln view of the vory irequeut use of pistols city, It seems to me that such un ordiuun would be 0 emigently proper one for the proserva- tion of peace aud good order in thy city.”” ‘The proposed ordinance, submitied with the opinion for conmderation of the Board of Aldermen, reads as foliows AN UMDINANOK to regulate the carrying of pistols in the city of New Yor! Whereas, lu # large portion of the arrests made by the police tor disorderly conduct of intoxientit thw perverts 40 arrested are f uud to dave vn them ué the tune # pistvi of some kind, and as the records of the Criminal Courts will show that iu the largest portion of the arrests lor murder Or foloulous sssault the criduiual claims he was druuk, and was therefore uullt to ear the insjority of hb ommonalty of as tallow: suns to whoin permite still have be provided. who shall have in Lis pussession. within tue sity of New York # pistol of.any doseription concealed un nor hot carried openly, shall be guilty uf = misde- Lor wed sball be punished, on conviction, by a exceeding $10, of in default of payment of su ediny ven days w tion, may apply to t oicor in command &t the station Louse af the preein, whore he residys, and suid offiver, if 1 that the app! cant is proper Aud baweabi 1h id yo endation to th tof Policy, oF e Inspector in command #t the Ceniral Uftice in th sence of tha Superinvendent, why shall isyae & permit sai person aliowiM, bim tu carry @ tion, c 3.—If, at the time of the arrest, a pistol of any de- scription shall be found congealed om the person of ur nut id for disorderly conduct ot Fost shall state such how the prisoner mapiaing against such 10m Counsel sums up his reasena for tho hi drafting of such an ordiaunce as follows :— “1 have thought it advisable in this ordinance to ex- Ol the police ivrce, sherifs, ueputy sheriffs, marshals and some oluer officers, because they Irequeutly bave 'Y pistola, und it would seem to ve caus- ing them Gonecessary trouble to requiry thet they should ail obtaiu permits for carrying the same, [ bave Moditied the proposed oruinance by merely Making tt toe duty of the officer to bring to the nutice Of the magistrates violations of this ordinauce, be- cause It migit be objected to the proposed ordinance that tt Was an attempton the part of the Commoa Council to impose up additional penalty upon pers: couvicted of disorderly conduet or intoxication, whl it would not be compovent ior the Common Couneti to do"? WEST BOUND FREIGHTS, Following the meeting road there Was yesterday morning @ gathering of treigmt man- agers at (he office of Commissioner Fink, Of the rops resentatives present there wero:—Messrs, Blanchard, of the Erie; Guilford, of the Baltimore apd Onio; Gosster, of tho Pennsylvania, and J. A. Rattor, of the New York Centrat and Hudson Riv An agreement Was reached coacerning West bound freigbts, and an advance from a seventy-fiv $1 basis Will be ineagurated Grand Trugk and Vor apply sume rues to Wester Moston a charged from New York, differences between tue New York Central and the Grand Trunk roads have fually been seitled, Mr, Kutter, general traflio manager of the former, stated yesterday that a teh egram had been received from che Grand trunk in- dicating thor willaguess to concede the poiuts o wuich the two Noes bad differed at the meetin; pao beret mevting to ange place within » few days at a place uot yot agreed upon, but provably in Boston, bi