The New York Herald Newspaper, November 8, 1877, Page 5

NEW YORK HERALD, THURSDAY, NOVEMBER 8, 1877.—-TRIPLE SHEET. THE COURTS. Additional Testimony Against the Alleged Silk Smugglers. A BLOW AT LIFE INSURANCE. Going West, but Returning a Sadder, Poorer Man. RIGHTS OF EMINENT DOMAIN. ‘The caso Involving an alleged conspiracy on the part of Alviu Graft and others to defraud the United States government out of a large amount of duties by smug- gling silks was continued jn the United States Circuit Court, yesterday, belore Judge Benedict ana a jury, As heretofore, the prosecution was conducted by As- tant United States Attorneys General Foster and Mr, Herrick, and the defence by ex-Juuge Dittevhoefer nd Messrs, Frederick A, Lane und Lows F. Post, Jobn Scott, the accomplice and principal witness for the government, was first called to tho witness stand, but was temporarily withdrawn for the purpose of offering the testimony of Mr. Robert B. Drummond, clerk in tne banking house of J. & J. Stuart. He tes. Qifled that his business was that of drawing bills of exchange; under date of January 8, 1875, he found on the books the record of several drafts; he did not make those entrics, and did not know where the clerk now was who did make them; on the 17th of September of the same year he tound other entries of drafts sold which are in his handwriting. The wit- hess? testimony as to the first entries was ruled ut as incompetent in the then state of the testimony &s to the impossibility of producing the clerk who Made them, As tothe otner entries ex Judge Dit- tenhoeler objected to the competency of the witness’ testimony, but the Court admitted it, 1t was, that among the drafts sold and entered by him he found a bumber to the name of T, C, Qwen, one of the alleged conspirators, on that date, and suvsequently thereto, the statement of these draits, which had been pro- viously offered in the case and rejected, was copied from the books by him; 1t was an exact copy, except ip respect to the numbers and the time the dratts had to run, Counsel for the accused objected to the memoran- dum being admitied inevidence unless it was a full copy of the record of tho books, and the Court held that it must bo made in iull copy betoro being offered in evidence, The witness then testified from memory that the arafts reterred to were deawn in favor of I. ©. Owen, one of the accused; F. M. Walker, William Johnson, Jobn Wells, James Wells, Mrs. Nagie and sume others, On cross-examination by Judge Dittenhoefer tho Wituess gaid there might have been otbers in whose favor Scott bought dratts, whose names he could not recollect; he did uot kuow the fuli name of Mra, Nagle, aud did net think it Wes given; be never saw any of the parties in Whose favor the drafts bad been drawn; he believed all the entries of dratts given in the statement oflerea were made in bis handwriting, Dut Was uot surc; he could not say it all the draits Were bought trom him personaly, but he had sold to Scovt repeatedly draits arawn to the order of tho per- ous haimed by wim. Scott being recalled tothe witness stand continued bis testimony from the previous days, to the effect that the outimeul barrels previously testilied to wore opened mt No, 23 Varick street; they were small unpainted casks; he knocked the head out of one and turew it among bis firewood, aud it Was subsequently burued Up; he opened it in April, 1875; dia not recoilvct if Aly Ghe Was present when be opened it; ufter opening it he put the barrel in the closet; there were four ser- vants and his family ip the house, and his wife kept a Duardicg Louse; he did not see the bead of the keg burned, and could not say ot his own knowledge that it was burned, Geueral Foster, on behalf ot the prozecution, assum- ing that the testimony showed the head of we keg or barrel to have been burned up, offered to prove the marks that were on i, This was objected to by counsel for the deiendants, on the ground that a foundation had not been laid for It by suilicient proof that ihe head had been gostroyed, The testimony was wamitted, aud was that the letter C was on it, To au juror who asked him what Chere was peculiar about the letter C that be sould remember it the witness Answered that he remembered it because it was the first time be got # barrel of oatmeal, and he knew that che two burrels he inea received represented two bur- Feis of silks, To another juror he auswered tuat the letier on the barrels containing the silks was the same us tha; on tne barrels of weal. Five barrels about tue size of those used for flour or potatoes iu the New York market were pow produced tu Court as exhibits in the case, and identulied by Scott fs huving been Leiore seen by him at Dunlaps Ex- press ollice, No. 128 Franklin street; be next saw them iu the room of James McKean, tue cleck of Dunlyp, and out of them he there took 1orty pieces of silk; be Packed Lhe silks in four cases; Unis Was about the 25.n of Juue tuis yeur. Ac th.s poimt General Foster proposed to put the bar- reis in evidence, but ex-Juuge Dittevhoeier wanted frst to examine the Witness as to his capacity to iden- tly the barres, To this Generai Foster objected, chiming that cross-examinuuon intervening im the course Of the direct testimony of a witness Was irregu- Jar and should be delorred unui the direct examimauion Was closed. Judge Benedict thought the cross-cxamination as to the witness’ khowledge of the identity of the burreis Wus propes, as the prosecuting atiorney bad discon- tinued the witness’ personal testimony and “culled Upon the barrels to speuk.”? While the cross-exaiain- tion Was proceding General Foster withdrew the bare Tels and ollered their beads as evidence instead. Ex. Judge Dittevhoeier, in order to test the capacity of tue wilness to identily them, banded the witness some pieces 01 beads and asked bit 1 ne could make a head out of them, Glunemng w moment at the mcompleve circle the boards formed tue Wituess said he Was not 80 stupid as to Luke Luwt for a barrel head and it Was au insult to im Lo suppose be would, “Be assured I will never accuse you of stupidity,” retorted Judge Diteuhvefer. Ta a few minutes Captain Brackett approached tue Bench with anu armiull of pieces of burrel heads whicn Genera) Fuster offered 10 eviuence. -Jdudge Ditconts ir objected Lo this pile of “tirewood” veig adinitied tu evidence, bat on tue Wit ess suying he could swear positively (hat iuese were the beads 0} the barrels whicu con.ained the silk the testimony Was admitted by the Court Following this was ollered sample Carus of wipaca braius and silk Dindings Which tue goverumeut proposed to prove cue 1M Lhe Yurrels und accompanied & proposition to deiruud tue government tn gvous otber Luau silks, but the testimony Wow ruled out, Severai letters wer pul im evideuce advieing Seow of tho ment of goods to bim and sigued 0. C. t., Wuick tue Witness identilied as having been written by Owen. ‘The witness, continuing, said he had a couver- sation With Owen during the pust year in reterence to discontinuing tho business, as be was sick of 11; ‘within the past three yours ue had received pieces of silk irregularly wo the number ot over sixteen bunu- Gred; be aiso received luces in trunks in the same mabner; he tad received a vurrel trum Owen 1m Feb- fuary last. This Was lollowed by a question requiring the witness 10 describe this varrel, mciudiug the marks ou i, To this tue Counsel for the deivndants Dbjevted, claiming that no proper foundation Lad veen laid for secondary evidence of this charweter, without showing the lusé or destruction of the barrel. An urgumeut of some length ensued on this question by Geuerai Foster, ou the part of tue government, and Mr. Lous: Post, on tue part of the defenuuats, at the conclusion of whicu Judge Benedict reserved his Gecision, and WW being the usual hour tw adjvurn court an adjouroment was taken until this morning. THE LIF“L INSURANCE SULTS. ‘The cases of the msurauce officers, Dr. Thomas 8. Lambert, presitent; James Cruikshank, secretary, aud Alexander J. Reid, actuary, of the American Popuiar Lilie usurance Company, indicted for perjury in baving sworn to false statements of their respec. tive company’s allairs, were culicd betore Judge Davis, in the Courtol Oyer avd Terminer. In the case of Kovert L. Case aud Isaac. Ailen, of the Security Lite, Assistant District Attorney Koilins suid (hat tue coun- the detendants Were ready to go on With the case, but the Deputy Superintendent of the lusurance Department being absent, he would be ready to move the case nid morning. Toe case of Dr, Thomas 3 Lawbert, of tho Popular Lite, was culled. Coionel Charles Spencer appeared jor the defendant, He said that be intended to muke @ motion to-day Lo quash tue indictment, Lhe cages Were theu adjourned ual Lh morning. The omy other Lusiness transacted was caliiug to the bar to plead Edward G, Utto ond James Gorman, charged With murder, and distaissing the Grand Jury tu the 16ch inst, 1¢ being expected that the tmtervening ime would be occupied tu the trials bf the indicted life insurance Company officials, PENALTY © GOING WES’, The trial of arather singulur suit wasc. .menced yesterday betoro Judge Donohue, boiding Supreme Court, Circuit, The plaintiff, August Brock, states that in 1876 be was living on arented farm nm You- kers; that, thinking be could better his condition, he went to Wisconsin, but not being successful there be sent for money with which to return home, whieh bis wife sent him, but alter receiving which he cut bis hand with au axe, whieh hud him up for nine weeks. He afterward received a lower Lom kdward Murpuy, his brother-in-law, and defendant im the suit, swung that bis Wie Was dead, but Lhat he need nut’ troavie Limseit about coming home, Murphy promising to tuke care of the children. Mr, Brock ut once, Low= ever, started tv come back, but being without means had to Wwk all tue Way to Troy, being fortunate enough to secure a ireo rive from there to this city. He says bo found tat Murphy bad taken po: of all lis bousebuld goods and Impioments of jurm: nod refused to givetvem up He brings suit, tuere- Jore, to recover $1,011, the alleged valu of (he goods, Mr, murphy denies all the allegations of the complain. ant, ond sels up @ coupter-claim that Brock owe: bim Rcd 45, money expended tor Brock and bis family, LANDS FOR RAILROAD USES. ‘There has already been frequently published in the Heraup the particulars of the resistance made by Elder Kipp and Elizabeth Kipp, bis wife, to the New York and Harlem Ratiroad Company taking possession ofa plot ot ground for the use of the railroad com- pany, pursuant to an act passed by the Legisiature allowing this road to take possession of the property in question and other property for the purpose of building upon it the Grand.Central Vopot and adja- cent structures necessary for railroad purposes. Commissioners of appraiwement were appointed, will be remembered, by ex-Judge Cardozo, but insterd of taking the award made by such appraisers for their property, Mir, Kipp and his wife chose to vest tne questivn ip the courts us to the right of taking such property without their consent, Ine case has ulready been twice to the Court of Appeals and thence carried to the United States Supreme Court for tinal adjudica- tion, Mr. Kipp having died since the institution of these proceedings, motion was made yesterday in Su- reme Court, Chambers, bolore Judge Lawrence, by r. Miles A. Beach, to strike out the name of’ Mr. Kipp as a party to the suit and to continue the same in the pame of bis wile. Mr. Elbridge i. Gerry r sisted Lhe motion, claiming that the same was prem: ture pending the appeal to the United states Supreme Court, Judge Lawrence took the papers, IMPORTANT CITY SUIT. Before Judge Van Brunt, holding Supreme Court Circuit, there was begun yesterday the trial of a suit brought by the city against William Remsen and Henry Hart, to recover certain lands between high and low water markg, sold by the city in 1870, ‘The sale was mude under an actof 1852, in which, it is agserted, an error was made in engrossing, by whicn the words ‘*by the city” were inserted instead of **to the city ;”? but the delendants protest against giving up possession, alter expending some $60,000 in sinking poles and building bulkheads. ‘The complaint 1s brought also on the ground thatsalein this case was not at public auction, A DISTILLER’S SENTENCE, William Dundin was recently convictea in the United States Circuit Court of having been unlawfully engaged in the bus'ness of a distiller, He was brought up for sentence yesterday before Judge Benedict, when it was urged in his bebalf that he was not the proprietor of the place, and that the finding of the jury on that couut was incorrect; that he was only a Workmun and did not realize the uolawfulness of his act, and on these grounds the Court should deal Jeniently with him, Jadge Benedict suid he could not go buck of the verdict of the jury, but would uot im- pose a sentence greater than he thought necessary to r others from similar uolawiul acts, Tho prisover was then sentenced to thirteen months? imprisonment and to pay a fino of $: SUMMARY OF LAW CASES, Clotilde Pelissier states that she is about to bring a suit for divorce against her busband, Emile Pelissier, on the ground of alleged adultery, and yesterday, upon her application, Judge Speir appointed Pierre Arnault her guardian ad litem. The Supreme Court, General Term, Judges Davis, Braay and Daniels on the bench, mot yesterday pur- Suant to adjournment, but adjourned one week with- out transacting any business. In the old suit of Joseph G, Mulls against Jay Gould, brought to recover $280,000 damages for an alleged broach of a gold contract, Judge Freedman yesterday Tendered a decision denying a motion to set aside an order tor the examination of Washington E, Conger, ‘There was commenced before Judge Robinson, in the Court of Common Pleas, yosterday, vbo tiv! of a suit brought by Charles McGuuly againat the United States Lite Insurance Company to recover on u policy of in- surance for $5,000. Tlie defence ts that the assured was u drinking man aud bad tailed to itorm the com- pany of that fact, Some further testimony was taken yesterday !n the will case of Aline Pieper, intended to show that betore ber death there existed an undue intimacy between her and a Mr. Boekel This Sir, Bookel, it appears, was leit by bequest of the deceased ail her property, consisting of several thousand dollars, to the exclu: sion of her lawful husband. ‘The well Known sutt of Willian Campbell against his wile, Annis Louisa Cumpboll, for divorce, on the ground of adultery, the facts of which have been pube lishea, was before Judge Lawrence in Supreme Court, Chambers, yesterday, on motion to modily a stay of proceedings procured on vehult of the plalutff, pend- og the piintil’s appeal trom Judge Westbrook'’s order denying a motion to discontinue the suit As ex-Judge Fullerton, counsel lor the plaintiff, was ens gaged in Lhe trial of a case the boaring on tie motion Was postponed upul to-day. Messrs, Curtis, Gardner and Jones appear for the detendant, DECISIONS. SUPREMF COURT—CHAMBERS, By Judge Lawrence, Tbe Eleventh Ward Nutional Bauk vs, Rogers; Ber- rian va. Duily; Shults vs. Ryder; Willard vs. Rogers; Chuttee vs. Seusenderier; Wal-h'vs. Garrard; Garduer vs Huut; The Home Ingurauce Company vs. Ruchan; Collender vs. Phelan; Kaliske vs. Mackie; Bivomteld vs, Geonty} Schenck vs, Fealey ; Harper ¥a, Cockrolt; Sirong va. Schetert; Liggins vs. Butley; Clegg vs. Aikens; Clark ys. Lustig; Combes vs. Moore; The Germauia Lite Insurance’ Company vs, McLelland; Warden vs. Browning; Denning vs. Hamilton; Selling vs, Whitney ; Dillon vs. Dilion and thirty-eight others; Daly vs. The Society ior the Reiormauon of Juvenie Delinquents; Lowrie vs. Starr; The Sheeler and Hull Quarry Company vs. McKellar; The Metropolitan Li Tusurance Company Vs. Sulivan; The Germunia Lite Iusurauce Compaoy va. Kelcher; Roeslor vs. Schwartz; The Bowery National Bank va. Atkin- sou; Ciurke vs. Doying; The Willmmsburg City | Fire Insurance Company va Rusten; Meigs vs. Meyer; Foster vs, Coburn; De Lacey vs. Polhemus; Phiilips vs. Bachia; mauer of Lewis Harper v% Cockroit; Howe vs. Litile; Daly vs. ihe Society for the Reformation of Juveniie Delinquents; ‘rhe Oswego Starch Factory ys. Bovlan; Page ve. Tho Chrome Steel Company; Wiley vs. Caase; Gebbard vs, Blake; Moutgomery vs. The Market Fire Insurance Company; Herlitz vs, Gerhurdt; Cohen vs, Rowe; and Willams vs, Stewart,—Grauted, Porter vz, Morris,—Ag the defendant, Althea Black, was nut declared @ juputic until alter the decree was entered, and as it dues not appear that the iupacy ex- ised at tho ime that she Was served with the sum- nons and complaint nor at the time of tho entry of the decree, there seems to be no necessity for tuo first motion, aud itis deuied, Althea Black did not con- sent, ald could not on account of her lunacy have consented, to the conditions imposed on the postpone- Mout of the sale, Qudas the allowances exceeded tue amount preserived by statute I think that they should be reduced 80 us not to exceed the statutory lait Let orders be entered in contormity with these Views Hoffman vs, Schiffer.—Having read over the several aflidavits read ou this motion, lam contirmed in tue | opinion that No reason exists for vaciting the sale of ¢ wortgaged premises. I am satistied that the sulo tuir; (hat ue misrepresentation was made to the deiendant Bonneman or to avy one acting on his be- hal; (av i he bas sustained any injury it has been Virough bis Own inattention and laches. The motion | to Vacate the gale is therelore deniod aud the stay heretulore granted is vacated, with $10 cysts of mo- ton. Chatterton vs, Kreitier.—I am not prepared to hold that tue UUsd section of the Coue of Civil Procedure | dispouses with the necessity of an uflidavit upon an ‘pplication lor an injunction, [i it does not tue ver ficativn of the complaint 18 not sufficient, he bod sevlion Must be Fead in Connyction with section 607. aisc Mr. Turoop’s note 10 section 60%) For wis Teason the motiva for au injunction is denied, but, as the point is new, wiihout costs. Everinghum vé Vanderviit,—If the defendants are not ensitled to is#ue execution oa the judgment re- ferred (o fur the reagon that they interrogatory wud uot final judgments, and i they illegaily iasue or Caused to bo issued such executions the plainufl b an ample remedy at law for the dumages sustained, I bee ny reuseu for granting this order, Luckemeyer vs. McLauguiiu.—-Tne only exception to the report o1 the releree Jusisted upon and argued by the defendant's counsel Was the tact that ldo not ‘egurd it 4s Well taken, abd the motivn to copirm to | eleree’s report 8 therelore granted, Best vs, Hall ~The motion jor a reference in this case is denied Of tue wuihority of Murtin vs The Windsor Hotel Company (10 How. Reports, 504). Katier vs, Callaghau.—fne general rule is that a plainti! may discontinue bis action as a matter of course Ob paymaut Ol costs, (2 Waite’s Practice, 600, Wad canes .) There seems to be no reason tur not applying tue geveral rule to Luis case. Upon payment Of Costs Le.ore UOLIGS OL trial aud sUULsequent proceed- ings Delore trial tuis motion is grauted Matter of Uilman,—T'his case appears to tall within the provisions of chapter 62 of the Laws of 1875, aud As the appheaut on We lace Of the papers has com- plied wWitu the provisions of te simiute it Lollows uas the motion should be granted, Ordered accord. Angly. Miller vs, Smith.—An order has been signed in thia case belore (is Was submitted, Vincent vs. Vincent —I want proof ot the service of the summons and complaint ihe complaint suould De belore the Court vB tuis motion. Masson V8, Duly, —Where ia the aflidavit of roguiare ity in this cuse? Ihe People ex rel Fineberg vs. The Congregation Fifteenth israel, N. S.No prool of service appears to have been iied, The orver tu defauit caunot be granted Without suvb prool, Huersted va. Torrey.—Memoraudum for counsel. Maiter of tue New York News Puuliahing Company. = Explenauion desire The United Staves Trust Company va, Clason.— Where is the repors of Mr. Rudd, reteree tn this cage ? De Laucey vs, Poibewus.—Motion granted and Cause placed on the short calendar for secoud Friday ol Wovemuer tevin, Kennedy vs Heydenreich.—Motion to modity the order of Mr. Justice Donohue is denied tor the reasons stated ib the Within memurandun. Brewster Vs. Salomon, —Movion to vacate the order of Arrest Derein 18 denied, Wik Costs Of MOtON, Lor Fousons stated im the within memorandum, Rutovea vs, Pho Cavada southeru Ratlway Com. Pany.—Alotion demed onthe groubd that the cause had been vacated or pouced Jor trial No costs of notion and leave given to renew. Rieger vs, Hilier,—Should go before Jud Vora. Van Brumley vs. Plath,—Let an attachment issue, By Judge Donohue, Hurd ys, Kearney. —demorandum, In matter of Porter.—Motion denied. Ritter va. Thorp.—Motion granted, Gano vs. McCuou.—Granted, SUPREME COURT—SPECIAL TERM, By Juage Van Vorst. Miles vs, Graveunorst.—Fandings and decree signed. Mailory vs, Vanderbilt and otners.—Deeree settled and when engrossed will be signed with tue fudings. Morgan et aL vs Francklyn et al.—orders settled and signed. SUPERIOR COURT—SPECIAL TERM. By Chief Justice Curtis. McKelvey v4, Lewis,—Motion to amend judgment denied, without costs to either party as against the Other, ‘See memorandum. By Judge Freedman, Lange vs. Gebe et ul.—iteierence ordered, Memo- randum, Cary vs, Stevens ot al.—Motion denied, with $10 cos Mills vs, Gould ot al,—Motion to set aside order for examination denied, with $10 costs. Dieta ve. Farrish.—Upon presentation of an en- grossed or printed copy of the case as uou-suited, con. taining also the exhibits required to ve set forth, the case Will be marked *gettieu”? and ordered on filo, By Judge Speir, Knabe et aj, vs. Eberburd.—Judgment for tho de- Jeudant on the demurrer, h costs, Plaintil! may amend, Kingsbury etal, vs. Susells et al vs Gardner et al. murrer, with costs. launcs vs. The denied, with costs, In the matter of the petition of Clotilade, &c,—Or- der appointing Pierre Arnault guardian ud litem of in- tant Clotilade Pelissiore, Wray vs, Fedderke.—Order granting motion to declare case on uppeal abandoned unless appellant com pictes case, &c. O'Hagan vs, Dillon; Same vs, Same.—Ordered on day caleudat Jackson ys. Sandsman,—Motion granted by default. Peckham vs. Wagener et al.—Ordered on day caicn- dar of Part 1 tor first Monday of December. Peckham vs, Johnson,—Ordered on day calendar of Part} tor first Monday of December. ‘Taylor vs, Fay et al—Ordered on day calendar for 12th November, By Judge Sedgwick, Cobn vs, Goldman, —Motion tor 4 now trial denied, COMMON PLEAS-“SPECIAL TERM, By Judge Robinson, Story vs. the New York Elevated Railroad.—Com- Plaint dismissed on the merits, with costs, and in- Junction dissolve!., See opinion, By Judge Lurremore, Breeden vs. Fa Reference ordered, Schwartz vs. Dade.—Order granted, Salomon ys. Moral,—Application granted, Vanderbilt vs, Cushing; in the matter of Whyland.— Bonds approved. Himmeiman vs, Himmelman,—Reference ordered on title in partition, ; Kingsbury et ab Judgment tor pluinuil on the de- Detendant muy answer over, ew York Plaster Works.—Motion Stamper vs. Carrill —Appeal dismissed unloss re-- turn 18 filed on or beforo Friday, November 9, In the matter of Smith.—Security insuificient Keiler vs, Bumiamer,—Application granted. In the matter of the assignment of Kaufmann,—As- signee will file bond in the penaity ot $5,000, MARINE COURT-—-CHAMBERS, Held by Judge Mcadam. Mutthias vs, Godecke; Rathbun vs, Water; Heinzo ‘vs, Solomon, —Opinions tiled, Woolf vs, Oliver; Carley vs, Breshoff; Ferris vs, Solomon.—See indorsement on paper: 4ene vs, Bussell; Cutler vs. Dixon,—Decisions led. Meldelsobn vs. Foss.—Order settled, Denison va Chapman; Ream vs. Nelson,—Judg- ments. Magner vs Magner; Fuch vs, Isaac.—Complaints dismissed. Palmer vs, Parry (three cases).—Security for costs ordered, New York Guaranty and indemnity Company ys. Ridgway, Irwin and Peyton; Wuhling vs. Seurles; Hastings vs. Smith,—Motious granted us per indorse- ments Wilkes vs. Saunders —Judgment for plaintiff on demurrer, Solomon vs, Simon.—The action being for personal wronge the parties had aright to sottle before judg- ment; motion denied. Smith vs, Kraft.—James F. Higgins appointed re- ceiver. Foester ys, Mower.—Motion gented; $10 costs to abide event. Sterling vs. Stuart.—Proceedings dismissed, Meers vs, Jones; Meers vs. Muckey.—Judgmonts of dismissal, GENERAL SESSIONS—PART L Belore Judge Sutherland, A HIGHWAYMAN PUNISHED, On tho morning of October 16 Michael Rooney, a carver ina restaurant, who gave his residence as No, 137 Crosby street, arose trom a bench 1n the City Hall Park upon which he had been reposing. As be wasin the act of rising be received a terrific biow on the left ear, aud on looking around ascertained that his assail- ant Was ho other thuo Edward Uarroll, a pedler of fruit, with whom be bad aiready bid some trouble, At the moment the blow was dealt Carroil euatched a diamond badge trom Rooney's breast and then ran, Rooney raised an alarm and the robber was over: hauled, Ho was arraigned for trial yesterday by As- sistant District Attorney Bell. The complainant was closely cross-examined by Mr. E. M. Chipman, who appeared fur the accused, The jury, however, found the prisoner guilty, aud he wassent to the State Prison {OF ton years, SEs GENERAL SIONS—PART 2, Betore Recorder Hackott, ALLEGED ROBBERY AND MURDER. On Sunday morning, the 20th of April lust, the at- tention of Officer Carey, of the Ninth precinct, was directed by a lamplighter to the fact that a mao was dying in Leroy street.* The officer proceeded to the spot opposite No. 68, and there found lying in the gut- ter a mun with bis skull fractured and bleeding pro fusely. Th unfortunate man turned out to be Jonn Ryan, of No, 56 Leroy street. Assistance was sum- moned and be was conveyed to the police station, but belore be arrived there Le breathed bis last, When first discovered on the ground his pockets were turned inside out as it be bad first been verrivly dealt with and then robbed, No clew could be ob- tained to the perpetrators of the deed, Officor Michael Scanlou, however, remembered having seen the de- ceased at the corner of Bedtord and Carmine streeis at two o'clock in the morning trying to get into a liquor store, The deceased thea went on kis Way borne, ‘The officer a few minutes later saw three meu pawed William Pool, Joseph Font and James Keenan, He ac- costed them and tbey said they bad been ona litte “racket,’’ und that they intended to go to early church. Font and Pool Were subsequently arrested on suspicion, and when taken to tue Ninth precinct Station Were overheard by Detective Noble to mak certain admissions in reference to the crime, Pool w cusing Font of “giving him away” and the other do- Dying that accusation When questioned as to wat he bad done with tho stick Pool wild Font he had thrown it ip the river, He also enjoined secrecy on Font, otherwise, as he said, they might get their necks stretched, The prisoners were vesterday arraigued by Assistant District Attorney Lyon. fbe prisoner Keenan preferred a separate trial, and the trial of the Others Was then proceeded With. The foregoing tacts were testified to, with the additional evidence of John Jarvis, who swore that he saw Foot and two other meu at two o’clock in the morning in the vicinity of Leroy street, and that a few minutes later he heard a man ery for kelp, aud immediately afterward saw two men running away. The case jor the prosecution having closed, Mr, Wiliam F. Howe moved that the Court direct the jury to acquit on the first two mdict- ments charging (he prisoners with murder. The Re- corder denied the motion, ana the further nearing of the case Was adjourned unul this morning, EXCISE CASES, On the calendar yesterday were the cases of John Cosgrove, John Lee, Thomas Soran, Joseph J. Gil- martin and Thomas Gill, who are charged with vio- lating the Excise law in eelling Nquor withont a li- ceuse. Owing to the pressure of other important businoss they were allowed to stand over, A COLORED DESPERADO, Oscar Fletcher, a colored man, who gave his address as No, 76 Thompson street, Who is well known to tho police a# @ notorious desperado and against whom there are numerous indictments for assault ana bat- tory, was arraigned for trial, Hoe pleaded guilty, and when told by the Recorder that there were sever: charges against him, replied with seeming innocence: They don't beloug to me, your Honor,” “Well, said the Recorder, *you ‘will belong to the Peniten- tiary for the term of one year.’ ALLEGED FORGERY, Detectives O'Connor and Field, of the District At torney’s oillce, arrested yesterday Herman Wunder, a notary, who keeps a barber's shop at No. 363 Bowery, on the charge ot forgery. He is alleged to be impli" cated in forging tho signature of Charles Hechler, o Flushing, Long Island, to a satisiaction of mortgage. ‘The prisoner was taken vetore Recorder Hackett, who committed bim to the Tombs to await trial COURT CALENDAKS-—-THIS DAY, Surxeue Cornt—Cuampers—Held by Judgo Law. rence. —Nos 15, 24. 6, 37, 95, BY. 40, 41, 44, 67, 89, 90, 93, 96, 104, Ld, 136, 149,’ 140, 146, 163, 168, 164, ‘168, Isl, 182, 133, 204, 204, 210, Zid, 221, 242, 247, 201, 205, 264, 270, 2 3h, 289, 290, M, SUPREME COCRT—GRNERAL TkRM.—Aujourned antil Wednesday of next week. Scrkeme Count—Srecia, Term—Held by Judgo Van Vorst.—No. 612, 341, 606, 600, 619, 627, 681, 516, 283, 527, 669, G1, 640, 665, 663, 481, 492; 483, 454, 455, 486, 457, 485, 474, 497, 652, 560, ‘692,’ 593," 504, 699, 60s, 605, 620, SUPREME atr—Cincuit—Part l—Hela by Judge Van Broot—Nos 1342, 1811, 668, 1216, 1159, 117 407, 90d, $41, 93, 1701, "1974, "829, KUL, $83, 84, 116 1145, 1308, 134, 786. 1213, 1214, 1217. Part 2—Held vy Juuge Barretk—Case on—Kornemann vs, Hermann, No day culenuar, Part $—Held by Judge Donohue. Nos. $54, 1150, 969, 990, 1026, 1063, 1115, 1118, 1h 945, V4b, 980, 1062, O08, 1220, 1818, 4, 1448, 101, LL! L178, 82%, 425, BO, B16, 1100, 701, 28, ATLL, 77d, 10d 200y, 2040, 20H, 2042, 2043, 2044,” 141, 326,"1117, 1120, 1206, 2001, 1145, Sureniok Court— eRAL Tenm—Held by Chief Jastice Curtis, and Judges Saniord and Freedma Now 6, 12, 1234, 18, 20, 21, 22, 28, 26, 26, 27, 28, 29, 51, Sorerion Court—Srecia TeamM-Hold by Judge Speir,—Nos, 38, 42, 65, 71, 85. 86. Demurrer—No, 8. Sursion Covrt—Tria. Teax— Jud, MEWICK.—NOs. 237, 207, 4204, 21, 114, 179, 351, 272, 761, 699, 731, , B40, OL 7, 267, 268, hee 627, 369 Parts 2 and 3,—Adjourned for the rim. ComMoON PLeAs—GeNeRaL Texm—Held by Chief Jus tice ©. P. Daly und Judges J. F. Daly and Van Hoe- sen.—Nos. 38, 103b, 118, 4, 13, 35, 47, 68, 73, 103a, 110, 121, 123, 108 Common PLeas—Equity Term—Held by Judge Lar- remore.—Nos, 4, 8, 9, 29, 32, 28, 30. jemurrers— Nos. 6, 7. Commox PLeas—TkiaL Teum—Part 1—Held by Judge Kovinson.—Nos, 627, 400, 867, 723, 1953, 907, 1637, 1105, 498, 1945, 339, 926, 777, 1172, 480. Parts 2 and 3.—Adjourned for the term. Marine Count—Vxiay Tsnm—Part 1—Held by Judge Sheridan,—Nos, 1681, 770, 1766, 1980, 1989, 1609, 1975, 1939, 294024, 1646, 1890}, 1542, 2045,’ 1450, 2234." Part 2—Held by Judge Aik Nos, 2331, 1061, 2196, 9421, 2235, 2286, 2285, 2239, 2240, 2241, 2244, 2245, 2249, 2250, 8718. Part 3—Held by Judge Sbea,—Nos, 1059, 3622, 1373, 1601, 2118, 2179, 2183, $10, 2161, 2051, 1860, 2152, 2189, 1606}4, 2552. Count or GkNeRAL Sessions—Part 1—Hold by Judge Sutherland — Peoplo vs. Thomas Pelber, robbery; Same vs, Hugh Linnon, robbery; Same vs. Jobo Collins, telonious assault and batiery; Same vs. Raymond Monaco, felonious ussault and battery; Same vs. Joseph Monaco, telonious assault and bat- tery; Same vs. Patrick Roovey, robbery; Same va Thomas Morris, grand larceny; Same vs. Joun O'Don- neil and Joseph Hagemyer, grand ‘cony; Same va, Johann Frundt, grand laceny ; Same vs. Charles Will- fums, grand larceny; sume’ vs, Kitty Jennings, larceny trom perron; Same ys, John Heery, larceny from person; Same vs. Delia Couners, larceny from person; Same vs. Wm, Thompson, larceny from persou; Same vs. Hatue Klett, disorderly house, Pi Held by Judge Joby K. Hackett.—The People vs, Will- jam Poole, homicide; Same va, Joseph Fout, et uh, homicide; Samo vs. John Leddy, felonious assault; Same vs, Eugene D, Angell, telonious assault; Same ys, Caroline Sepp, cruelty to children. Couxt oF Oyke axp TERMINER—Held by Judge Brady.—Tho Peopie vs. Robert L. Case, perjury; Same vs. Isaac 5. Allen, perjury; Same vs. Thomas 5. Lame bert, perjury. UNITED 8) Part 1—Held by fATES SUPREME COURT. WasuincTon, Nov. 6, 1877. On motion of Mr. Enoch fotten, Mr, Karl P. Finch and Mr. Charles Barber, of Usbkosh, Wis. wore adimit- ted to practise ag attorneys and counsellors of this Court, On motion of Mr, Stanley Matthews, Mr. T, 0, Camp- bell and Mr. Charles W, Baker, of Cincinnati, Ono, wore admitted to practise as attornoys and counsellors of this Court, ‘The tollowing cases wore heard to-day :— No. 79. Cairo and Fulton Katiroad Company vs, Hecht, &c, Krror to the Supreme Court of Arkan- ‘bas. —Uy the act of incorporation of the railroud com- pany it Was provided that process should be served on it by leaving a copy to the audress of the presideut atthe principal office of the corporation, By an act of 1508 iL was provided that process might bo served by leaving a copy with a clerk, Ip case a higher officer could not be fouud. Such was the case when process Was served In this action, and a Jett with a clerk, The company, believing this in- sufficient, allowed default to be taken, and the Court Sustuiping the service, the writ of error maimtuins that the provision as to service in the charter was a contract with the company made by the State, and ‘uhat it was incompetent for u subsequent Legisiature to change tho form of service, because it Was action impairing the obligations of the contract, and there- foro prohibited by the federal constitution, U, M. Rose for plainull in error, delendaut not appearing. No, 80, Imperial Fire insurance Company, of Lon- don, vs. Fargo, President, &c. Error to the Circuit Courtior the southern District of New York,—Phis action wus brought by Fargo, as President of the American Merchants’ Union Express Company, to re- cover on two policies of insurance issued by the com pany Ou goods for transportacion. A provision of the policy Was that no loss should be paid in case of cole lision, except fire ensue, and then only for the loss and damage by Ore; also that uo jose shouid be puid arising from petroleum or other expiosive oils. ‘The declura- tion in the cuse uverred that the fire was occa- sioned by none of the prohibited causes while the goods were in course of trunsportution over the New York Central and Hudson River Railroad, ‘The detense was that the fire was occsioned by the presence of petroleum and other explosive ors, which, being on a freight train of the road, were throwa off by the breaking of a rail, one of tho tanks of which fell upon the other track’ aud came tn collision with the express train, ana being by some cause set on ure destroyed the train, including the goods los. Upon this evidenco the Court directed a verdict for the de- fendant in error (plumtff below) and that ruling is assigned as error here, the plamufl maintaining that the cause of the fire was petroleum, and that it was within the promibition of the poticies, N. B, Hoxie for plaintuf in error; Cole & Nash for defendants, No. 980. Choster A. Arthur, Collector, &., plaintiff! inerror, vs. Joseph Rosenthal etal —In error to the Cireuit Court of ihe Uurted States ior the Southern District of Now York,—Ou movon of Mr. Edward Hartley writ of error docketed aud dismigsed, witn cosis. No. 76. Thomas L, Clarke, appellant, vs. The United States —bis cause was ar,ued by Mr. Enoch Touen, of counsel for the appeliant, and by Mr, Solicitor Gen- eral Puuilips for the appeilee. No. SL Fanny Beecher, exesutrix, &c., plaintiff in error, vs. David Wetherby et al.—Tuis cause was ar- gued by Mr, Charles Barber, of counacl for the defend- fats in error, and submitted on priuted arguinents by Mr. Charles W. Felker for the pluiutitt im error, No. 82 Josepu Movius, Surveyor, &c., pl error, vs. Chester A, Arthur, Collecor, &c.—This cause was argued by Mr. Kdward Hartley, of cougsel Jur the plainufl in error, and by Mr. Soulcitor General Philips for the detendant in error. No. 88. The State of leanessee ex rel. Jacob Bloom- stein, plaintiifl in error, vs, ‘Thomas H, Sneed, Col- lector, &.—The argument of this cause was ‘com- meuecd by Mr, MeP. Smith, of counsel Jor the piainull in error, Adjourned until to-morrow. “ROWN'S BABY, pti in A TEARFUL SCENE ON THE WITNESS STA. AN ADMISSION OF FALSEHOOD. The case of Rown’s baby was continued yesterday before the referee, Mr. William Sinclair, The chief in- terest about the proceedings was the testimony of Miss Ella L, Oliver, sister to Mrs. Rown and daughter of Mrs, Surah Oliver, who took the child to the “basket,” diss Oliver is a handsome young lady, and her position on the witness stand was rendered very humiliating by the examination of the counsel for the petitioner, who obliged her to swear that she had writin 4 letter replete with falsehoods, represent ing to Mr. Kown iu Calitornia that his child was stillborn, and that lis wile was tn & very precarious condition, = Miss Oliver felt her position keenly aud buret into tears, which had no effect, however, on the matter of fact counsel, Tho scene so affected the tender ueart of the referee that he ruled that the word **le” be changed into the first sotter term ‘falsehood.’? Miss Oliver swore that she “‘lied’? when she wrote to ber brothel jaw, She read from her lower tuus:—‘'The clild was perfectly black, which was periectly natural consider ing tue length of ime it had beou dead, Mr. Courtuey—!hat was faiset Miss Oliver—Lbat was false. Q. The child was not biack? A, Certainly not. Miss Oliver reads again from ber tetter:—“Jalla suilered very intensely; more than before.” Q That was taise woo? A. Yer Q. Whut did you do with the letter when you wrote itr A. Lread ‘Wt to Mrs. Rown and my mother; it was approved of by both; Mrs. Rown said it was a good lever. Q. She told you that this letter, which was fal every particular, Was a At was 4 spleudid letter; 1 wrote itat ber Q. Did she tell you whut to say? A. Weil, she saia to make it as bad as possible, 11 would jook so much more watural, Margaet Martin and Mary Cullen, servants of Mra, Oliver, corroborated the testimony of Mise Oliver in regurd to Mrs, Kown expressing a desire that the child might be taken to the ‘vasket,”’ Counsel tor petitioner, however, elicited the tact that they had conversed trvely with Mra, Oliver in relation to what they were to swear belore the referee, hey tostitied that Mra, Rown bad requested that that “Jew brat,’? meaning her newly-vora babe, be taken away from her to Whe Founding Asylum. Mrs. Ella Little, a sister of Mrs. Oliver, also corrovorated the former witnesses, and acknowledged that she had talked over the subject of her evidence with Mra, Oliver, Jane Walkely testiied that Mrs Kown told her sho was unable to take care of the baby and hor mother was going to putit im the “vuskert,”” CHAKITABLE BEQUESTS, Mr. Roswell R, Kolston tiled his petition in the Sar- royate’s office yesterday for letters testamentary on the last will and testament of Mrs, Catharine A. Mer- rill, in which he t# bamed a8 one of the executors, the other being Mr. Moses Taylor, The deceased lady was the widow of Nathaniel W, Merrill and lett an estate estimated at $336,000, Her bequests pre- ponderate largely in favor of charity. ‘To tho Society of the New York Hospital sue vequeathes $50,000; to the Sisters of Charity of St. Vincent a |, lor the benellt of the hospital ander ther charge, $5,000; to the Portsmoutn Athenwum, of Portsmouth, N. H., $2,000; to Cardinal McCloskey (named in (he will as Arcubishop of the Diocese of New York) $50,000, and to her nephew, Rev. George i, Colton Sutter, $5,000, Her lot in Greenwood, with the Vault there constructed, she gives to the corporn- tion of Greenwood Vemetery tn trust tor ever, and conditioned that no one ve buried tuerein alter her; and she wiso I to tho same corporation $200, to bo invested and the interest appropriated for keeping the vault in repair, To Kigut Key, David Bacon, Bishop of Portiaud, she gives all tue residue of her estate, ‘This Will was executed im 1871, and subsequently therety, the Bishop of Portiand’ baving did, sho made @ codioil im 1875, 1a which she recites tual fact and transiers the bequest to Cardinal McCloskey, with the provision that 1 the bequest should fats through lis death, it should go to Key, Thomas s. Preston, of St. Ann’s Church, The bequest to her nepvew hav- ing also lapsed by his death during her life ume codicil gives the amount to is daughter Mavel, to receive the interest until she atiams tho twenty-five ye: and then the prince pal also, In the event of her death before attaining the age of twenty-five, the principal and interest is set apart tor the bepelit of her children if she shall leave any, and if not, then to ber two brothers, ‘The witnesses to the will are Mr, Cyras W. Field, of this euy, and Mr, Beniamin Varwwrigut. of Newark, N. J. in od letter? A, Yes, she said THE GOETHE CLUB.” A BECEPTION TO BE TENDERED TO WILLIAM CULLEN BRYANT. The Goethe Club, of the city of New York, have nearly completed their preparations tor the reception of the poet William Cullen Bryant, to take place on the evening of Wednesday, November 14, at the Kurtz Art Gallery, East Twenty-third street, near Broad- way. The following 1s the order of exercises agreed upon for the oceasion:—Introductory remarks, by A. Ruppaner, M. D., president of the club; address of welcome, by the. Rev. William R Alger; reply of William Culien Bryant, honorary memoer of the Goethe Club, At the close of the exercises outlined above acollation wilt be served in tne salon of the Paiette Club, adjoining the art gullery, the use of which bas been kinaly tendered to the Goethe Club vy the Palette, Members and their guests are requested to be in their seats at balt o'clock, as the doors of tho gallery will be cl that hour and will be kept closed during the delivery of the addresses, The reception will be one of excep- tional brilliaucy. dr, Bryant, eighty-three years of age as he ts, iately refused to accept a reception from avy organization whatever, but finally consented to meet his admirers of tho Goetl Club, The Committee of Arrangements buve early completed their list of invitations to the ro- ception, ‘The larger part of these had been sent out® by Tuesday, the Oth. Most of the invitations were to the prominent local officials and literary m Other invitations are to be issued, as, fur instance, to H W. Longicllow, Oliver Wendell Hulmes, James Russell Lowell, J. G. Whittier and others. About one hun- dred und Dfty invitations have been already extended, CONGREGATIONALISTS, The annual meeting of the New York and Brooklyn Association of Congregational Clergymen was held yesterday in the lecture room of Plymouth Church, Father Gleason and Rev, Heary Ward Beecher were Present, Rov. Smith Hobart was chosen moderator and Rev, Edward Payson Thwing registrar, ‘Tne ses- sion Was opencd with relizious exercises. Rev, bamue: Colcord, of Chickering Hall, this city, and Rey, T, RK. Slicer, of the Park Congregational Church, were, on motion of Rev. H. M. Storrs, eiected members of the association, A history of the Con- gregational Church of the State of New York and the origin ot the New York and Brookiyn Association Was theo read by Rey, Edward Beecher, D. D., alter which Rey, Henry Ward Beecher moved to refer the matter back tor more complete details. His motion was carried, The usual letters of the Mission were granted to Rev. D, Hi, Hicks to the Hudson River Con- ference, MR, BEECHER'S RECKPTION. In the evening Mr. Bevcher had a reception at his house, at Which the members of the associauion and about members of bis own church and congrega- tion were present, CIGARMAKERS' STRIKE, EXCITEMENT YESTERDAY—TENANTS TURNED OUT —DECISION AGAINST THE STRIKERS, The headquarters of the Cigarmakers on strike were yesterday crowded with excited people, who had been wrought almost imto @ state of frenzy by the practical application of the toncment ejectment cases, Twosults were yesterday decided against the occu. pants of these houses—one in the Supreme Court and the other in the Fourth District Civil Court, In the first case the adverse decision was given ex parte in the matter of the tenants of E. A, Smith, Third street, whose furniture was removed by acity marsbal tothe sidewalks, In the other, which occurred in Lovy & Ulman’s tenement houses, corner of Broome and Orchard strects, not only the furnitare, buta woman in the prelimimary stages of confinement was removed. A saloon keeper in the neighborhood sec- jug the wretcheduess im the latter case volunteered to pay three mouths rent to the landiord to Lave the woman carried buck. A physician 1a attendance said this must be doug, rent or uo rent, or the case would be reported to the authorities, I'he woman was carried buck, but the furniture remained ou the street, AS SOON as this Gage Was reported to the Central Organization a storin of indignation never before wit- hesged in tue assemblage burst forth, Tho president pronouuced the uct inhuman and outrageous, The time had come, he salu, to find out whether working people wore abie to provect themselves. He believed At Would be soon asccertuined that thoy were not ouly able to do so, bul to claim Indemnitication for the un lawinl proceedings of their laudivrds and bosses, (Loud applause. Now that the election is over,” he continued, “tho judges of our courts are unly acting as the clerks of our bosses. 11 these outrages are allowed to be committed unchecked the citizens of New York must not be astouished it they witnessed the disorder o1 anocber Pitsburg.” ‘Amid much excitement a special committee of five Was appotuted to look into all cases of summary ejuct- ment, With aUtborily Lo act us circumstances required, It was also ordered that the presideat’s action in pay> ing the rent of the cjected tenants to the amouut of $95 be indorsed, and that officer be empowered to do hikewise whenever similar occasions may arise, General Pryor informed a commitice that the action of the marshal in throwing the tarniture of the tenants into the street was illegal, and that the laadlord who did go was liable to prosecution. Mr. Koch, a tene- meat house landlord, wanted to kuow whether the Central Organization would be responsible for the rent VU he alowed lis tenants to remain, Levy & Uiman y that their ovjoct in enforcing the order of tue Court was to make 1t a test question to ascertain whether they had Lue power to eject a tebant or not, Greevhali’s men, West Broadway, buve been allowed, to resume work attuli pay. Lintheim’s shop, First avenue, has been declared on strike. ‘The tollowing coutributions were received yesterday :—New Haven, $25; Cvntral Organization Packers’ Union, $25; But . Y., $88; Logunsport, Ind., $6 50; Poilad 50; Marlboro’, Mass., $11; committee ot ladies, oluer points, MUNICIPAL NOTES. The Clerk of the Common Council was yesterday busily engaged in receiving election returus from tte different inspectors throughout the city, Under the jaw one copy of the returns from cach district must be filod within forty-eight hours after the closing of the polls with the Mayor und Clerk of the Common Council Tho Aldermen will meet as & Board of County Canvassers at twelve o'clock on Tucaday next. Mayor Ely yesterday sent to the Mayor of Fernan- dina, Fla, @ check for $516, being an additional amount suvseribed for the reitef of the yeliow iever suflerers of that locality. ‘The Commissioners ot the now Court House yester- day opened vids ior completing the rool, No awarus were made. ‘The estimates of the different departments for 1873, ay submiticd by the Bourd of Apportionment, will be taken up to-day by the Aldermen, ‘the latter body bas no po to make any alterations which will be binding. Toey cau merely make suggestions. REAL ESTATE, The foilowing sales wero mado on the Exchango yea- terday :— BY RICHARD ¥. HAKN Supreme Court forec einer, releree—ot th elling house, with w. corner uf Beach st. ; orn E. Bright, ut brown 5,600 9,450 Supreme Court forecl JouuJ. Thomassen, referee — of & plot . GU TOO RUOXHO, on Katle #., 40 ft. n, of Bathuate piace, Morris. @ plot of land, 40x14), on Bach: 00 ft. @. of Railroad av.? to plainuit.. 5,100 KOWARD PRLLINGH reteree—of Foreclosure ssio—Thomas A. Landon two lot, each 20x100.5, 6 of West ft. w. of Btu ay. ; to p eee ‘Total sales for the day....... $73,100 Lexington av., 5. ¢. corner of 2d ate, 1 Baser and wile to Ja b Wick. .. iam byron. to D. Ow 812,500 Ist wy. Cabth ward): W oP Touo Eldridge st..¢, », 100 It. n. of Stanton at, i Y. Gusieycer tod. Heiniin + 15,500 v. Toth wt, 8, SHG The. Of Tse avy. Hedmond anu wile bo B, brandos, Gd st, & w. corner of Ist ay. ww N. Wertueimar ear? Sth ave. 8, 240 TL 8 Ol ABI at, Schneier and wile tod. 5. Lang BAU st, som, 420 ft. w. of Sub av., sinitu to Manus 129th st, Ws. feo, oF W 4 wife to TASC ste, me, SOD Mt Lambou to 'L. 5. Fook 404i st, & 9, 268 It w. of 20 “ay: th iv, Wasiibs 8. ol av. A, OL, 12,000 Picabla wd. yan 9,000 A1stat, ne, 80 Ihe. beimer to A. tseceee 6,000 20th sb. , Charies Lofier aud wife to SM. V, Gibbo tombe | bey Ps ate thomas N MeMau -. Nom, Gud st. sw, corner of equa to B, sehroidt, . dnesee vee 80,000 Monrudars, GOWN st, w. of Txt : 6 yours to BV. Bia > years evsve ae Hows, sw. cor Encouraging lotvers were received irom | tee eee ee tee ae L} Se OUR COMPLAINT BOOK, [Notr,—Letters intended for this column must be accompanied by the writer's {ull name and address to Insure attention, Complainants who are unwilling to comply with this rule simply waste time in writing Write only on one side of the paper.—Ep, Hewanp | STREET DEPARTMENT INEFFICIENCY, To tue Epiron ov THx Henao: Cannot the garbage contractor be compelled to rae move the dshes and garbage from Grand strect, between Eldridge and Forsyth streets? MH. Fy To Tum Epitork ov Tie HeRauy;— ‘The barreis of garbaze, about one dozen in number, fn front of Cable’s restaurant, in Pine street, have been an eyesore to pedestrians for the lust week. ABP A DANGEROUS SIDEWALK, To tux Epirok or Tak Heraty:— The pavement (sidewalk) at tbe rear of Messrs. Wood Brothers & Co.’s, Lalayette place, ta a tull foot lower than the paving in iherear of tue next build. ing to the north, There 18 no lamp nm and | bave Seen several persons stumble, and bave mysclt had quite a serious fail trom this cause. Is it “ihe thing” to have our sidewalks terraced by steps a toot bign, and, if not, will not the valuable columns of the “Com pluint Book” give tuis publicity and thereb; Temouy ? SUBSCRIBER, EVENING TRAINS ON THE ELEVATED ROAD. To Tux Evtrog ov tuk HeraLp:— Cold weather is upon us and still we are without the long promised evening trains upon the Elevated Railroad, Can anything be accomplished through the Authorities? We understand that many, if not all, of the successtul candidates at the recent election pre- Vious to that event degiured that they were ingtuvor of rapid transit, We await their action, We un. derstand that upon holiday mornings trains are not Tun betore seven or eight o'clock. Is this 80? REGULAR TRAVELLER, A BTREET OBSTRUCTED BY ASHES AND GARe BAGE, To rue Epitor ov tae Heracp:— For over a week the carts of the Strect Cleaning Bureau have not been seen in Kast Sixty-fourth street, and consequently the ashes aud garbage is accumu- lating in the gutters and along the sidewalks toa roslly alarming extent. The smell from the relase 4s most sickening. Now that election is over perhaps the officials of the bureau cau spare a tew momenta per day for the periormance of their legitimate di hes and have this nuisauce abated. UPLOWN, CORRECTION BY MR. JAY, To rus Epiror or THE Hena Ibeg leave to correct a misapprehension in the Hxexacp of this morning, and to say that I did notin my paper on the press, read before thé Charch Con- gress, use the language erroneously attributed to me in your columns, and which I find reproduced as mine in the Commercial Advertiser of this evening. Alt remurking under the heading of “Pulpit and Press” that “Mr. Juy seemed desirous of starting an associa. tion for the conversion of the press,” your editorial proceeds :—“Great good, sald Mr. Jay, could be accom. plished by having wise and good men use thoir per sonal influence upon the editors;” and you added, ‘Had Mr, Jay forgotten the parable of the Pharisee when he invented his new wise and good society tor the protection of editors from taemseives t”? ‘The scheme which [ had the houor of presenting to the Church Congress would undoubtedly demaud “wise and good men,’ although I used no such exe pressions, and, far trom ciatining credit for its inven- ion, | said that the suggestion had been made by Mr. J, Medill, mm the Ono Euitorial Association. It pr ceeded on the ground that editorship nad become a proiession of Such diguity and power that it should bo recognized a8 such by the colleges of the country, and that professorships should be established for the edus cation of young gentlemen proposing to pursue that profession, Buckea by that authority | ventured to submit a proposition, which I hoped then, and which I sull hope, y meet the approval of the editorial frateruity in New York, and that tuey may cordially unite in recom- mending to the trustees of Columbia College an experimental course of lectures 1ooking to the establishment of a new professorsuip, as you ha attributed to me—ol course inadvertently—language which | did not use, and ap idea which | never ente tained, I trust (hat with the courtesy tor which I have been trequently indebted to you you will give to the country my own Words and my own thoughts on shia subject aud annex the closing passage of the paper Tead before the Congress. lam, very respecttully, Frivay Niaut, Nov. 187i. JOHN JAY, CONCLUSION OF MA. JaY’S PAPER. We have in this city, the clit! ceutre of Aimeriean Jour. nulism, 4 vouorable imatitution rich in historic memories of the services she rend red to the Repuulic und inthe gen+ whe Was erous wealta with which advancement of sound ie Columbia, late Kings elective system in her academic tuken steps toward her advancement by ber schools of law of whtel is sui In the of its found the Keiorn the Methodist. This vro for 4 step which w were Col endowed for the istian truth, recognized the und she bas as & University ne wud tke last rowan, Fresbyterian and presents advantay: have the most important mis the Alma mater uot ig editors of this section, urs whe, In the academi ay hereafter assist in te pros Columbia ty arning and skill to teachers of the i plished © already ture on the harmony ot tional and internaciv civil, consti of governme rature: paintia itieni econu: reulpture and modern history and li he rules of lovic wad the art f modern science, and th are the constant subject vi wiseussion by ‘u@ ablest journalists and wien of letters in out a country aod in with some too om the Gonti- would doubt fully accept invitations ture in course and r variod experien mining the best plan of raising ch ty cultare of the American prew cing it up it would lose 4 BUSINESS At a mecting of the creditors of Flint & Howell, bankers and commission merchants, yesterday, Mr, John J. Kavanagh was elected assignee in bankruptcy. The total liabilities amount to about $114,000, and of this amount seven claims were proved oggregating $08,980 03, Register Fitch has adjudicated Elisha Robinson a voluutary bankrupt on Lis owu potition, His svled- ules give habilues amounting to $4,234, with no assets. Julius A, Robinson, who has been in bankruptey for severa! year, applied to Register Little yesterday for his discharge, Opposition was made on the part of the creditors aud the usual time wus allowed im which to file specifications, J.B. Ford & Co,, Beecher’s former publisher: ing tailed to earry our the composition of tiety centa on the dollar in time notes have applied to the Court Lo Vacate the order for composition proceedings and Lo allow the matier to proceed in Lhe regular course ot bankruptcy, wuich las been granted, anda Warrant bas been issued calling a meeting of the creditors to choose an assignee in bankruptcy aud prove their held at the office ot Register Fuch, on hav. Jr., who failed about nine years ago, aps plied for his discharge from bankruptey yesterday to Register Dayton, and as there wus no opposition on the part of his creditors his petition will be granted. A meeting of the creditors of Alexanuer R. Spencor, better known as “Sandy Spencer" ot No, 212 Broad: was hold yesterday at the office of Register Daye His Habilities amount to $22,600, but only one ton. claim was proved, that ot Beattys & Boak tor $607 20, and Mr. John A. Piatt was appointed assignee in bank= ruvtey. In the County Clerk's office thore were filed ys ay the assigoments of Audrew D, Bruadage to Joseph T, Farrington, aud of Frederick i Sauders to Willa MeKintry. A suit brought by James Scumoeling against Frode erick Leicht, an East Williamsburg brewer, for the recovery of $200, was tried belore Justice Burgard and a jury io the Kings County Supreme Court yesterday, It appears that in 1874 there was im existence the Williamsburg ice Consamers’ Association, bat before the close vi the year it ceased business, The defendant Was a Customer of the association ab the time, and Was ia deve to the amount of $200, When called apon to pay ¢ be refused to do so, aud the plaintill, who Was Ureasurer of the jobiation, brought the suit against Win Which Was tried yester= day. Lt was siated by counsel for the defence that his client did not kuow to whom to pay the money, there were wight persons Who claimed it, ‘The jury, under justractions from the Court, rendered a verdict in favor of the plant for $262 57, including inters est lor three years, BONFIRE BOYS, There were sovontoen boys, ranging im years from thirwen to sixteen, arraigned betore Judge Smith at Essex Market Police Court, yesterday, charged with violation of the Corporation ordinances, Tho partic- ular ordinance which these BO¥4 Were charged with violating was building fires im the street on luesday ight “What did you boys make a fire in tho street for!’? asked Judge Smith, “lt was ‘lection night, sir,” they answored almost in one breath, hy 80 it was, Iwill dischargo you this time, but if you are ever bryught belore mo again on & Sour charge thoro 18 no telling w migut happer the boys thi room in Ligh glee, Md the Justice and left the court