The New York Herald Newspaper, September 24, 1878, Page 5

THE COURTS. A Decision Important to Real Estate Purchasers, ACQUITTAL OF MR. FANNING. Purchase of Lottery Tickets as Against Public Policy. A ‘Yesterday morning Judge Daniels, of the Supreme Court, filed bis opinion in the ef Auguste Muller and Louis Muller, by guardian, against Charles Strappman and ot: It will bé remempered that the property involved in the suit was valued at over $50,000 and belonged to tho estate of the late Adam Muller, The centroversy grew out of the will of Muller, and the litigation has been carried on for some years. In March last the Supreme Court ren- fered a judgment directing a sale of the real estate and a division of the proceeds, Inthe month of May Mesars. 8. G. Courtuoy, G, H. Swords and J, H. Bird, who were appointed commissioners to sell, sold the property, which is situated in East Fourth street and avenues © and B, to Isaac Hellbrua, John Gibney and Babette Solomon respectively. The purchasers, however, refused to complete their purchase on some sixteen objections Taised by their counsel, and in consequence the plaip- tiffs’ guardian commencod proceedings to compel the purebusers to cowply with the terms of sale. ‘Ihe Willof Adam Muller contained a provision that bi Foal eatate should not be divided until bis young: ebild should attain the age of twenty-one years, ‘the principal point raised by Mr. Henry M. Guldtoy ot the tirm of Goldfegie & Fist jor Heu- bran, was that under tbe will tue Supreme Court had BO jurisdiction to direct u sale, bothe necessity how- ever great. This point in partition cases was a new and novel one, and it was claimed by the plain- tifls’ counsel that tho statute passed in the year 1614, invoked by Mr, Goldiogie, and which ovides that no real estate of an infant should Sold or in any manner disposed of against the pro- Visions of any will, did not apply to partition suits, but only to special proceedings, and tbat where great necessity forasale was shown the Court hud wu- thority to direct it. Judge Daniels, however, in his epinion, atter stating that the Supreme Court Court of alley has no inherent or general auth to order the sule of infants’ real estate, says Ovedings tor the sale of :ntants’ property have buen authorized alot by legislation, and the limits im- posed upon them are thei @ controlling on the courts. here they are transceni : Phe proceeding is without authority ppm” And alter quoting the ute above i rod the Judge says object @f the provision was to prevent the lunds ef infants from veing in any form sold when would defeat the instrument a der which the title should be acquired, und all pro- ings terminating in such « result must conse- quently be void, otherwise the courts could practically al the statuse.’? Judge Daniels proceeds in bis Opinien to show that Mull "3 will Was subject to tb 4 and decides that the sale made of the est Was unauthorized, aud for that reuson without con- denies the motion bad title and suffering consequent litigation, 1d over $25,000 which was the umount o! the ‘he purchasers were represented by Heary M. Goidfogie, Henry Fisher, D. Solomons and James 8. MoNuicy, and plaintif’s guurdian by Langbein Broth- ers, besides whicu several other luwyers appeared for arious defendants. ACCIDENT INSTEAD Oi MURDER. 1n the Court of General Sessions, Part 2, yesterday, considerable portion of the aay was absorbed in the trial of William Fanning on an indictment tor murder im the second degree. The prisoner was charged with on the night of the 25th of April last, caused she death of Owon Graham by throwing bim over. beard from # canal beat moored at the foot of West Thirty-seventh streot. ‘I'he prosecution of the case Was conducted by Assi t District Attorney Her- jd Mr. Abe Hummel defended the accused ‘ahamm, the wile of the deceased, was first Called, but her testimony threw very Mule hght on the case, it having been urgod by the prosecution that Bhe wanted 10 shield tbe ‘prisouer, having, as alleged, bad jutimaie relations wit him. dire Graham jumped overboard, but was rescued by officer, Jane Dyson and her husvand, y Thomas Dysou, wuo were on a canal boat adjoining Fanning’s, testified to hearing loud words between ‘the deceased ana his wife, and that the former up- braided ner tor being on Fann and thet sbortly alter a splagn was neard and Granam’s voice exclaiming, ‘Ob, Bill !’” Alter the evidence of Officer McCarty Mr. Hummel Moved that the case be taken from the jury, but Judge Gildersiceve denied the motion. Fanning was thon culled and claimed that he was in his cabin when Grabam, who was druuk, fell overboard, The jury were then charged, wod aiver deliberating about hail an bour roturned with w verdict of mot guiltys The accused was then discharged. PUBLIC POLICY, Harris Bernstein, abanker, sued Solomon Neuman to recover $160, alleged to have been paid out and ad- vanced by the formor on account of and at the re- quest of the latter, The case came to trial yesterday belore Judge Dinkel, in the Fourtn District Court, and developed sume points of intorest 1 relation to It appeared that at the re- the law of public policy. ce thatthe money baving been used ior the purchase of lottery tickets, the contract OF (transaction was against public policy and therelore void, Mr. Albert stecker, counsel for the piaiotiff, contended tout the rale v1 publie peliey did not apply tothe cuse. There had been, he said, no lottery transaction between the parties to the All that lain till did was tv advance the money sued for on half ot the defendant er’s request, and it jr money and received by the dofendant irrespective of purpose ior whieh it paid out, Judge Dinkel took the knouy Question upaer consideration. SUMMARY OF LAW CASES. On the 16cb of July last, while the clerk was tem- Porarily absent trom the store-o! Dolgano & Co., No. 965 Broome street, burgiars effected an entrance and watches and jewoiry umounting tn value to $4,000 were carried off. A little girl identifed Hugh Reilly, tlas “Bitnkey” Reilly, as a person whom she bad teen prowling around the store, and John Cook, who Keeps a goldbeating establishment on the opposite Bide of the street, testified that he thought Reilly was one of the three men be saw coming out of the store ba the day in question. Mr. Jonu 0. Mott defended the prisoner, who was tried in Part 1 of the Coart of ral Sessions yesterday. The jury returned a ver ict of not guilty. Jovo D. Mairs and Thomas C. Shepnerd, as assignees im bankruptcy of George S, Weeks, survivor of Fielder @. Weeks, deceased, have brougut a suit in the Supe- rior Court against the Natioual Trust Company, and the case came before Judge Van Vorst yesterday ing) tho Special Term of that Court on a motion to con- Unwe the action against Mr. Bost, the receiver of the The uction is bro Clark, who gave ast! Tesidences, the formor at No. 1 and the latter at No, 160 Chatham streot, were brought belore Untied States Pe issioner Deuel yesterday by Oficer William H, hes, of the Teuth prociuct, charged with atiempt- pass ton-dollar counterielt bill on Kaward Berd, of No. 217 Bowery. The vill wason tho Aubura City National Bank, was old and dila, G ving knowl. Keddy died some turee yea: 0, leaving $2,500 to his grundohildren, the principal peing payable to them in fifteen years, ‘ihe legateos are Mall minors, aod tboir wothor joined ina petition with the execuiors of the estate to partition he principal tor apport of the chtidren, Ina decision given yesterday by Judge Danicls the tatter thought inas SUCH partition of Whe estate might deteut the inten- tons of t ut allowed an , Mrs. Rebecea Tobi: they Seli bim for $600 three $1,000 first mortgage bonds of the Maysville and Lexiugton Rail. Foad of Kentucky. ‘Tuese houas were soon alter din- coverec to be poor forgeries, beiug printed iv olaek tnetead of fipet and purporting to bear the ot Georgo I. Poodiotoa, who ut tne vine o: jas MOL prosident. OC! bet vested and in Muy last the |i yeare io Stute Prison, havin, In the Court of Go trict Attorney yon accepted u p Who hus beou contined in Reeordor Hackett sent coURr CALENDARS—THIS DAY, SUPREMH CocRT—CnAMBRRS—Hold by Judgo Dono- hue—Uourt opens at hail-past ten A, M.—Calendar eailod at eleven v'ciock A. M.—Noa. 15, 39. 67, 85, 81, 9, 126, 186, 143, 147, 168, 161, 162, 171, 185, 207, ‘215 *} ‘BUPRRIOR Covar—SreciaL TkRX—Held by Judge at twelve o’siock, No day OMMON Puxas—SPeciaL Taru—Held by Ju J. Duly.—Court opens at ten o'clock A. No day calendar. Marine Count—TaiaL Teka—Part 1—Held by Judge Goepp—Court opeas at ten o’clock.—Noa, 4778, 4814, 4747, 4690, 4754, 4870, 4906, 4911, 4929, 4961, 4069, 4978, 4680, 4947, 4041. art 2—Heid by see te, nott—Court opens at ten o’clock,—Nos. 3909, 3875, 3826, 4568, 4476, 4579. 3873, 4400, 4485, 4054, 4472, 4164, 1386, 4117. Part 3—Held vy Juage va—Court » o'clock. —Nos, 2847, 4093, 44: S021, 5040, 4995, ple vs. Wilil felonious assault and battery; Same ve. Wiliiain Wi £0u, felonious assault and batiery; Same va, Kl) Every, felonious assault and battery; Same vs. Jame: Kelly. felonious assault and battery; Same vs. James Mooney, rape; Same va Joba Jackson, burglary; Same va James Hogan, robbery; Same vs, Louis Kress, felonious assuult and battery ; Same vs. Joseph MoFarland anu Eugene L, Uolwell, forgery; Same va. Adolph Hoffman, Digamay Same vs. Lawrence McCar- wy end Obarles O’Brien, grand larceny; Sume va. Charlies Haas, grand larceny; Same vs, Joun Rogers, Same vs, Charles torgery} jame vs. James Gold, larceny irom the person; Same va. William Eamonston, receiver of stolen goods, Part 2—Held vy Jadge Gildersieeve.—T! People vs. Louis Fay, felonious jault and battery; Same vs. Owen Momanus, rape; Sam giary; Same ve. Oscar 3} Jesse’ Richmond, 3. Bloom, Ema Do Sweet, disorderly house. COURT OF APPEALS. Avnayy, Sept. 23, 1878, In the Court of Appeals Monday, Septembor 23, 1878—Present, Hon. Sanford K, Churob, Chicf Jus- tice , and associates :— No, 51. Wheelock va. Lee.—Argumeut resumed and concluded, No, 28. Michael H. Casbman, executor, &c., appel- Jant, ve. John F. Henry and otbere, respondeuts.—Ar- gued by Jacob F, Maller for appellant and George C. jolt for respondents, No. 65. Alexander S, Hays, respondent, ve, Heory H. Hatboro and others, appellunts.—argued by Charles §, Lester for appellants and Joho R. Putnam for respondeuts, No. 69. Long Island City, appellant, va, the Long Island Ratlroad, respondents —Submitted, No, 21. George E. Scavor ana unother, respondents, vs. Cyrus F. Wood and another, appellants.—Argued by E. D, Northrup for appellants; submitted tor re- spondenta. No, 14. Kate L, Ross, administeatrix, &c., appel- lant, ve. The New York Central aud Hudson Kiver Railroad Company, respoudents.—Argued by A. P. Laosing for respondent; submitied for uppeliaut, CALENDAR. ts the day caleudar for Tuesday, Sep- temver 24, 1873:—Noz. 31, 80, 81, 82, 83, 84, $5, 89. Motion calendar—Nos, 321, 339, 343, 345, 348, J4y, 354, 361, 362, 363, 364. COOPER-MARSHALL, Same vs. orjur, is "Wright and Flora ier, The followin; CONTINUATION OF THE REFERENCE BEFORE JUDGE BARBOUR—SOME LIVELY BICKERING BETWEEN COUNSEL, The hearing of the re: ce in the case of Isaac P. Cooper vs. Ruth Cooper, for annuilling a former decree of divorce, on the grouad of collusion and fraud, was regumed yesterday morning, before the referee, ex- Judge Barbour, at his office, No. 239 Broadway. The first businesa was the signing of her testimony by Mrs. Cooper. Then ber sister, Mra, Pitcher, took the ‘witness stand and was cross-examined by Mr. Sorib- ner. She had overheard a conversation between Mr. and Mrs. Price, in which Mr. Cooper’s going to a house of prostitution had been spoken of. Cooper would not have known it was morning except for the ming in through a knot hole. She did rom Price directly. ‘If Mr, Price tes- ‘ong, Wae he not?” asked Mr. Scrib- ner, adaipg that “‘one of the two had been lying, and be wanted to gee if witpess weuld acknowledgo it,” “You made up your minds to commence a suit for asked Mr. Scriboor, ‘and then see if you proof atterward?” Mr. Ten Eyck, counsel for tho defendant, objected. Mr. Scribner said he bud thdraw from the examination op account of the constant interruptions of counsel Mr. Ten t he had never been spoken to belore in i yng evidence, Mr. Scribner answered, you say that you state what is not true.” Al wrangling was over witness an “Yes, sir” to the question. The point Mr, Scribner was trying to establiah was that the result arrived at in Cula- well’s office was that the action for divorce should be commenced by Caldwell on bebulf of Mrs, Cooper winst her husband for. an absolute divorce on the mere statement that had been made by Mrs, Pitcher and Mrs, Cooper to Caldwell on that occasion and without any interview baving yet occurred be- tween Kirk and Caldwell. The Adams inierview was next takeu up, but nothing new was elicited irom the witness, About half-past ene a recess was taken until two o’ciock. dy to growl at everybody cise, except Stonographer Adams and tho referee, ex-Judge Barbour, who sat dismayed at the sequent squalls. lo the morning session Mra. Pitcher | @at facing her sister apd the latier’s counsel, Mr, Ten | Mr. towara that Caldwell. Mr. Seribner’s buck them, Hints were tfrecly the witness was being Irtenda. In the afternoon Scribner fusistea upon Eyck aud was turued around Witness admitted that Mrs, stein bad suid that she (Witherstein) would to anything for Mrs, Cooper, Wi) 18 ulso tes. d that she would not swear she ever paid moro to Mrs. Cooper ut Mra Witherstein’s ido’t fod Mr. Marshall there in her bedroom ;the door was sometimes closed, somo- times open. How many times closed wituess could not say. Mr, Seribner usked tm quick succession if 1 was ity times, sixty times, thirty times, forty times, twenty-live times? Witness aaid it was not us twenty-live times, ‘*i'weuty times ?”” con- r, Scribner, not as many as that,’” The lawyer was going on through ali the numb from tweuty down to zero, but witness cou! only eay that the door wus closed Many as ten times and not as inany as twent d@ido’t regard Mr. Marshball’s being alon to her sister's bedroom at night, with the door closed, as auything improper. The hearing was ad- journed until ball-past ten this morowg =~ REBECOA TOBIAS’ WILL, Alter a very slight and partial contest the will of ‘was admitted to probate by Sur- Fogute Calvin yesterday, Mrs, Tobias died February 6 of this year at the of ninety-four years, About de @ codicil to ner will ‘whereby 4 onildren by Mrs, Henaricks, Who was already dead (ne of these grand chi/dren(u daughter) married Harmon A. Na- tuup, sou of the genticman of that name who’ was so foully murdered in bis rosi- dence on ‘Twenty-third street a tow ye: 0 Two other Gaughters married respeciiv. jonry Ailon and Hoary Heary, und ali three fe aggrieved by Mrs. ‘Tobias’ covieil sought to ha: de ou the ground of undue infiueace, and, tore, opposed the admission of the ‘The deceased ludy bad a lite ite! ‘Vaiued at about $100,000, leit ber by cumulated and unused interest on which Was really about all she bad to leave. Bat two witnesses wore examined, whose testimony tended to uiscredit the thoory of undue influence, and after they Lad con. cluded, all objection by the contestants was with. drawn and the will admitted to provate without further opposition, THE MERRILL WILL CASE, The Jitigation conceruing the will of Caroline A. Merrill, wheroby Cardinal Mevloskey was mado resi- Gaary.leg ice to an amount estimated at $250,000, was Defore Scrrogate Calvin yesterday on a minor issue iD Felasiom 0 the appointment of a commissioner. It @ppears that there are s ‘al Witnesses in Paris wi testimony is required on o: or the other Case on tue issue as to Mrs. Merrill’s capacity to wake « valid wil, A Mr. Gourd, an advocate in the courts of Paris, was appointed by the Surrogate to take ® portion of the testimony there, which 1s re- quired on tho part of (hose seeking to sustain the valiutty of te wilh Mr. Gourd hud un- nounowd by cable that he could not com- mence taki testimouy until the 2th of next mouth. To this the son of dirs. Merrill, who 18 ‘aris, jection, The motion yesterd: commissioner ap: who could comm a Mr. Gourd was per- rely unovjectiouable aod imouy as early us any ope Who Might be appointed in bis stoud. Surrogate Usivin said ne was disposed to retain Mr. Gourd provided Mr. Merrili’s objection did not ex- tend to him persoually, bat merely as tu iho time fixed for taking the testimony. He adjourned the motion until Mouday next to allow those opposi Mr. Goord to telvgraph tv Mr. Morrill and learn if his objections were o: AN UNINVITED GUEST. A young German tailor. ed Jacob Bechtel, of No, 227 Bast Forty-firet street, was marriod on Sun- Gay moroing iast, and, in the eveving, celebrated the Vent at Concordia Hail, in the same sireet, At two A. M. four young men entered the piece without an invitation, but w generously asked to join the festivities. Ose of them made ine suiting remark, und general fight ensued between fh nds Lieve guests, The brigegroom 4 obeot the young men named Matthew Mor; by the throat aud put bim outside the door, Morgan drew a aud struck Becutel a Knocking him senseless, Morgan then ran through Forty-first street, pursued by one of the drawing a fevulver, fred three sho Canill, of iwenty-fi Who was yostervay $1,000 in the Fiity-seventh Stroet Court, JURY TRIALS. IMPORTANT DECISION BY CHIEF JUSTICE CHURCH AS TO THE CONSTITUJIONALITY OF 4HE COURT OF SPECIAL SESSIONS. One of the most important decisions that has been given for sume tite by the Court ot Appeals has just becn rendered in the case of Jobn Murray vs, the Justices of the Court of Special Sessions, Its chief importance consists in its settlement of the question of the juriadiction of the latter court in the trial of prisoners without a jury. Since the organization bf the court this has been an open question, After con- vVictions writs of babeas corpus have been takeu out without pumber, rendering the convictions of this court comparatively a nullity, the case of Murray, who was convicted of assault and battery and sentenced for four months to the Penitentiary, wus made a test case, and on its result hundreds o prisoners have been anxiously looking forward to their discharge, in the expectasion that the Appellate Court would decide that a trial without a jury is unconstitutional, Mr. Wiillam F. Kintzing, counsel tor Murray, prosented the case to the Court of Appeals before its acjournment last June, He contended that the Court of Special Sessions 1s unconstitutional, no provision being made for a jury trial; the right of trial by jury, as he claimed, being secured by the cohstitution not only of the St ol the United States, upoa prineipi ft public policy, wod that it cannot be waived, Dist Attoruey Bou- jamin K. Phelps combated the views of the counsel. ‘The opimion in the case, which is given by Chief yus- tice Church, being of special interest not ouly to the legal profession but to the public at large, 18 given in full below and, as will be seeu, sustains the consti- tutlonality of the Special Sessions :— CHIEF JUSTICE CHURCH'S OFiN1O: ‘The retutor was arrested and vrouxbt be police jus tice on 4 charge of assault und battery, and being Dold upon such charge he elected to be tricd by the Court of Special sessions of the Peace, und in default of bait was committed to jail. Afterward he was brought before Juage Donohue upon habeas corpus, und save vuil to up- peur before tho Court of Special oessions fur He did appear, and was tried by the Court without o wus colvicted and 8 cod ment. The couusel tor the constitutional right of trial by Jury, dig not and could not waive. This point is uot tenable, for the reason that the eunstivutiousl provision does uot upply to ¢! petty offenees triuble belore a rt or Special Sessions, The provision is,‘ trial by jury in” sll” eusos in which It bus been heretoture used sball remain inviolate forever.” This meaus Courts of Special des ‘and bave been coutinued overumneat to the No jury was permitted in these courts until wgisiature provided tor w jury uf six, to m tweive, to be drawn, ii demanded by the accused, una this is the law throughout the stute at the present time, except in the city of New York. There, if uo accused persou elects to be tried before the Court of Specinl sesstous he ty tried without a jury. If he elects to be tried at the General sess he must be proceeded wxainst by indictmentand is entitied to a constitutional jury, und the rule invoked by the rviatur woud “pply. A trial by such w jury was Wot used ut the time vf the adoption of the preseut constitution in trials by courts ot speciul sessions for thy uifence charged agalust the revtur in this case (Murphy vs. Lhe People, 2 C 1 Cow., 151 und nove, 18 Now York, 128). it is also ucge that when the relator cave buil the Court of special seu sions lost jurisdiction, and the case of the People vs. Ken- nouy,2 Park, Cr, ., 312, is cited, It was there decided thut @ person arrested for a misdemeanor under the M law (so culled) a right to ball to appear ut the Court of Sessions, which corresponds in the Court of Gendral sessious in the city of New York, and that o Inw depriving him of thut right would unconstitutional, Here relator gave bail to appear betore the Court — of xpecial Sessions, and it 1s recited in the recuguisauce that he hid elected to be tried by that Court, How the giving of such Dail could operate to oust the special Sessions of juriadio tion, oc trunsfer the cuse to the General Sessions, is be- youd my comprehension. Lam inclined to think thut the Dail x Judve Donohue was wuthorived and ro.- 10, 2 ‘the language a authorized the appearance of tI Court of Speciai dessions, w aried, was u volunt equally effective as if Jail, of by legul process. It is ulso insisted thus tue organ- Jaxtio of the Court of special Sessions is uuconstituioual, the answer to the first point subst ally answers this. A: is to be observed that & persou chargea with un offe: although triable by the Special Sessions, fs not compelied t iu the Court of General 1d elsewhero As auch constitution ved by that iustrument does percelved wiy thoes should be the Jury trial pre: not apply. No reasoi distinction in respect to the right to demand the stucutory Jury of six in the special sessions between the city of New York wou the other counties of the state. The rule should be uuftorm and tho right di trial by such 4 jury ut least fs more in accordance with the spit of ouriuws thau w trial by the Court. Tue distinetio county m this regard 1s incongruous ave no coutrol over Noe havo ocuurred on th Jurinuiction. ‘Tho judgment must Le affirmed, AN APPEAL, Mr, Kintzing intends by writ of error to carry the case into the Supreme Court of tho United States for final adjudication, CUSTOM HOUSE COMMITTEE. MB, FELNANDO WOOD INQUIRES INIO THE WORKING OF THE APPR«I8iRS' DLPART- MENT—EFFKOT OF THK REPEAL OF 1HE MOIETY LAW. A session of the committce appointed for the inves- tigation of the Custom House was beld yesterday in the Naval Oflice. As at somo former sessiuns Mr. Wood was the only member of the committee pres- ent The only witness examined was Mr. Silus B. Dutcher, the Government Appraiser, who was ro. culled. He aid that the office of ap- praiser was created in the year 1566 by special enactment, and that he received his appointment in March, 1877; proviously be had been un importer of hopa for twolve years, In de- scribing the duties of bis office, the witness said thas it was the Apprajeer’s duty to report ihe correct value of all imported dutiable cargoes to the Collector; it was, of course, impossible for the Appraiser to per- sonally examine all goods; for this duty there were @ Jarge number of dssistant appraisers, and 1s was on their returug and calculations that the Appraiser acted; the appraisement was marked on the buck of the iuveice aud the witness approved their decision; piece goous were sometiines measured, but nos al- ways; there was nolther time nor space for the measurement of ull goods; there were no imvort Whose yoous were pagved without examination or mMeusurement; One sample OL uu 1OvoIce Was taken, und if that was 1ound to be correct 1t was generally COuceded that the Whole tuvoice was correct ; consuls? certiflcates aro rarely of uvy value, and are bot much Fegarded by examiuers, except where it 1a made o mutter of direot correspoudeuce. Q State, if you pleuse, what effect is produced to the department 08 to 1mvoicos that ure tulse in value. A. We may detain the gvous uuti we have ascer- talned the Value oF take several other mothous, Q Tuen tout Kives great discretion, and in the bauds of bad officers could vo used very prejudicially to the government? A. Yes, it could, Q. How iw it that respeciavle American merchants ind 1t more profiiaule to by, port goous themselves, aud 1 OL these merchants bi rs? A. 1 think there muy be au variety of Teasous for that. Duiiug the period wuen the prices Of mercuandive are aeciiuing, as they buve been during the last five years, there has been covsider- able pressure upon’ the importer tv buy in this wnarkes rather suun woere the urticie 1s produce iueu the consideration thas auder sucy circumstance © Import those urty has had gre tuink that toere 18 a go at tink toat ad buy cheaper 8 CaN Bo tO those ago than they can from the manulacture UNDBRVALUATIONS AND MOIRTIES, Q Have you avy doubt that w great many of the Importatious into New York bave beco enterea at an uudervaiuation? A. ldo not think there have bevw 4 great mauy. Q. Have you ever advised any prosecutions? A. Yes, sit; | have, & Hew many? A. | cannot say bow man, Q Have tuere boon greater Irauds mince repeal ol the Movety law? A. L ihink itis not unlikely Wat 1 18 80. Q Lf 80, then thas ia a criticism on your offlue. A. 1 was not Appraiser when tho Molety law was io ex- istence, Tuat law was repealed tour und a hall years ago; | have veeu au appraiser ouly a yeur and @ ball, 1 ink frauds have vecreased sigce | was appraiser. J think it is Very uutural (v couciude tuat a muiety 14- Croases the diligence and zeal ot « government officer, lo saying that! rever to wwe detec anu the eiizen who may have special knuwle 4 uadervalua- tion, 1 think thus the oilicers of the goverument do the their duty Just as Vigtlan uy as before tae r law. 1 Go pot think that tue offi O1 the go » They vever re hud, directly directly, as Lom Q Don't you thiok that if the present tariff law con- {inues some changes ought to be made in the execu- live departments of ihe customs! A. 1 think some Changes might 06 Advantageously made If the present turif continues. 1 think the government should have tue power to take into its possession all gouds thas were dutiable until the dutios to be paid ure asccr- tained, Q Don’t you think it would be bet head vf the custous, who should take sibility ? A. Without any check? Q Except tho cheek of the department at Wasbing- tou. A. Linink not. If the duties were specific 1 would greatly simplily the matter, bus even then | think there suoulu be u check, Q Do you think the Naval Office should be re- tained? “A. AS Mt present advised and with my im- Periect knowiedge Of its LUsINESs Ldo Hot think Ib 1s of sufficieut importance to justity 118 detention. Alter u few wore formal questioas 4 ¢ from further attendance ap to have ove iL the respoo- TRIALS, Commissioners Mortison aud Merklo were in at- tendunce yesterday to hear tho adjourned casos of indicted liquor deaiors, bat owing to the absence of Counsel the cases Were pesiponed to Uctober & ,4 BOLD BURGLARY NEW YORK HERALD, TUESDAY, SEPIEMBER 24, 1878.—TRIPLF SHEET. RAPID TRANSIT, THE F¥FLC38 OF THE NOISE OF THE METRO- POLITAN ELEVATED BAILWAY ANALYZED BY MEDICAL EXPERTS—LETYTER BY EX-3URGEON GENERAL HAMMOND--OTHER INTELLSTING OPINIONS SULMIITED TO THE GRAND JULY, ‘The following lettors were sent to the Grand Jury yesterday in retererce 1o the noise of the Metropolt” tan Elevated Railway. It will be seen tuat ex-Sur- geon Gencral William A, Hammond (who is probably tue bestaud highest authority in this country on the Dervous diseases which, it has been charged in the petition of the 135 surgeour, were produceu by the noise) gives the rauiway a clean billof health, and if the counter petition of over two hundred puysictans ang sufgeons who testified to the pertect healthful- nessof the road and the utter absexce of all detri- mental effects from the noise bas not already mate the horse car companies uncow/ortable Dr. Ham- mond’s letter is very likely to bave that offect, Dr. Ham:nond’s letter containing bis opinions on the fa- mons petition of the 135 13 herewiih given in tall as presented to the Grand Jury:— DK, HAMMOND'S LETTER, No, 48 West Fiery-rocrtu Srexer, New York, Sept. 9 1878. Dxar Sin—I nave read with gre: ‘the petition in reintion to the poise made Ly the elevated railway op Sixth avenue, acd huve no hesitation in saying thal, 1m my opinion, the statements contained therein are Goutrury to science and uot in uccordance with the resulta of my experience, lb is very true thut any poise may bo at first dis. agreeable to well persons aud injurious 10 thogy wio are il, It is remarkable, however, thut the nervous sysiem sok becowes nubituated to sounds that in Lhe beginning Were almost intolerable. Bus for this luct residence iv large cities Would be impossible. it 18 o well known fact tuut the cessation of loud nolses, to which persons have become uecustomed, causes more or less discomfort and muy even for a time prevent sleep, 1 bave bad w my care a great many pationts afllicted with diseases of the nervous system resiuing im the vicinity of the line, In no one cuse was there any aggravation of their symptoms from the noise or any complains to me of its injurious effects, and i severul cases wakefulness had bees a promivent feature. IT have scen no case of any disease of tne nervous system alleged to be caused by the noise, nor du | ve- Hwve 1t to be capable of induciug any such disorder, There are some persons who cannot even bear the licking of « clock in the room in which they sleep, and I can understanc (hat the noise of the road muy be, ror a time, disagreeable to such hyperwsthetic 1. dividuals, but so would avy other unusual sound. Wuen the cars first began to run | heurd the noise of every train; now I do not hear it unless I listeu for it, and then it is often a matter of difficuity to catch the reverve: I have made inquiries of many of wy neighbors and they tell me the same thing. I have stood under the track while 4 tram was passing and conversed with less difficulty than woen a stage or cart passed along. Tam quite sure that “perverted mental and moral action, cerobral extaustion, insomula, hysteria, chorea, mania, paraiysis, meningitis aud decay of buirition” will not be more largely promoted umong those who Ivo along the line of the railway, and 1 do not believe that medical literature aflurds a siugie instance of any one of tbeso diseases being caused by Boises such us tual produced by the cars on the Metropolitan Elevated Railway, Cortainly po such fostance has ever come under my observation, nor have | ever witnessed any disease of tho nervous system produced by any noise, except those ouses which all physicians see tn which sudden lond noises may fora little while cause nervous disturbance in hysterical women, With ull due respect for the gen- Ulemen signing tho petition—many of whoww ure ac- Quaintances and friends deservedly eminent—I can- not anderstand what they were thinking of when they put their namos to the very remarkablo paper in question. Yours, sincerely, WILLIAM A. HAMMOND, Winuam Foster, Jr, Esq., Vice Prosident of the Metropolitan Elevated Ruilway. ln addition to ex-Surgeon General Hammond's striking letter the written optuions of two other eminent medical practitioners were presented. It will be remembered that the petition oi the 135 doctors set forth that those living wlong the line of Sixth avenue, who did vot fali victims to chorea, mania or paralysis 1u consequence of the noise, would becomé ao prey to “deafuess, domentia ordeath.” Dr, Hammond could speak with authority 00 brain diseases and dementia, and in reference to adeafoess Dr. Do Roesot, of West Thirty-sixth street, a well known aurisi, gave the following opinion, which was also embodied tp a letter sent to the Grand Jury :— DR. DE ROSSkT’s VIEWS. In those bravches of medicine to wntch my attention ig more especially directed 1 have had much opportu- nity to observe the effect of the noises of the Metro- puiltan Elevated Railway upon vision and bearing; and | state abrolutely thas not one single case of dis- Guse, either of the eye or the eur, bus been traceublo to this source; and my oWn @Xperience in confirmed by that of other genticmen similurly engaged, Moreover, no imeret io laryngeal or pulmonary affections among tl idents uod tradesmen oa bixth avenue bas follo' the construction and opera- tion of the elevated railway. In my opinion the reververations of the Metrepoll- tan Elevated Kailway endanger neither bealth nor life; they neither cause nur protract disease. They may be Uupleasant, but they are not issues from Pun- dora’s box, as the memorial would bave us believe. PROFESSOR CLINTON WAGNER'S OPINION, It was also alleged in the petitive of the 135 that “laryugeul caturrb’’ and otver diseases of the throat were produecd by the strains which the noise im- posed upon the voice. Professor Clinton Wagner, physician to the Metropolitan Throat Hospital, in a levter to the Grand Jury says as to that allegation :— After on exporience of a number of yeurs in the treatment of luryngeul affections, im hospitals and rivate practice, I am free to say that, in my opinion, jaryugeul, pulmonary und bronchial affections cannot be induced by tue causes alleged in the petition. in conclusion 1 might add that many of my patients reside near the line of theroad. lu no singe instance has an existing malady been aggravated or a new one created by the noise of the cars, THK GRAND JURY, The Grand Jury took no formal vote yesterday upon the question of the ulleged nuisances caused by the Metropolitan Elevated Railway. It1s generally un- derstood in court circles that, while they will sternly resist the great pressure brought upon them by tbe horse our companics and oiber imterested people to indict the road, they will probably muke ® present- ment to the Court setting forth tuat the boise is pro- ductive of very great annoyance tbut the com- pany must do its utmost aud spare no pains cr ex- pense to materially lessee 1b and to remove ail other objectionable feutures, such as the flying of sparks. It ts believed that suck @ presentment would have the approval of the community at large, because 1 would hold tho railway cuinpany to 1s duty on the vse hand, and, upon the o.ber, pat po obstacie in the way Of the smouth continuation of tho weet wide rapid transit work to the Harlem River, thus defeating tho sinister designs of the horse car companies and their Irienda, BOBTAIL CAks. Two “bobtail’ cars were placed on the Vesey street route of the Sixth Avenue Railroad yesterday worn- ing, the first indication thut the old curs are to bo retired. (he new curs are well lighted, It will be several woeks belore the old cars are all superceded, OVERTAKEN. ON BROADWAY AND AN BXCITING CHASE—TWO 1HOUSAND DOLLALS’ WORTH OF BOOTY RECOVERED, A moat daring and expert burgiary was perpetrated on Sunday night by Joho Connors and George H. Brown, both of whom were yesterday arraigned in the Jefferson Market Police Court, They had entered the establishment of Joseph H. Semmons, the op- tician, of No, U87 Broadway, and curried off $2,000 worth of opera glasses. It was at ten o'clock op Sunduy cvening, when Broadway w covered with promenaders, that tho two burglars set to work. With a diamood cutter they removed a thiek pane of French plato ginss trom ove of the sides of the show Window. An opeving about fourteen inches wide by turce toot long Was flected iu this Way, und (brough it the (Wo men crawied iu side, 1o the Window were displayed « number of op- Uculand astronomical instruments, which they care- july removed, sud thea they made thor Way toto the of the siore, avelding the tron gute belind tt couner and suowenses arranged alongside the wail, This would o ‘hat the intruders Acquaimted with th dt place and (out burglar eu urranged e. 10 a Valise and ruvber bay they packed eigniy- four finely Hoisbed opern ginsses, wortn $2,000, and theo withdrew through the opening they bad made. Just us they got cutside Oflicer Moore came along. He caught sighs of tho two tgures i tue doorway aud uppreached thom, Whon wituian dozen lect of the store the men dushed away aud he pursuvd, when thoy separated, une going through Groat Jouve street, tno other down Broadway, be ilicer saw that the fi carried the valise and made up Oillver sullivan also Joined in helped to ran the burglar down. urew near the tan flang away (ne Valise aud then a tubver bag Alter the tan w ken the bag Valise were Lrought to the Filtweath precinos police station, Lhe prisoner was Jobo Couoors, a man of (weuly-cigh!, who resides ab No. 38 Ludlow street. His uccomplice wus thought to George HM. Brown, of No, 128 Urcbard sweet. Y ay moroug Oileer Moure wont in quest ot the latter aud Jowod bit tying in bed. He ioiguod to Le asics» and protessed to have not been out of doors tirougn (ho night, bal be was pi tw court with Connors. inind \o touow pursuit aud AS bis pursaors BANK OFFICIALS IN TROUBLE. ——_~-—___ Suits Begun Against the Morrisania Savings Bank 'Trustees. RECEIVER BEST'S neces COMPLAINT. Two Hundred and Thirty Thou. sand Dollars at Stake, GOOD OUTLOOK FOR THE DEPOSITORS pon The receiver of the German Savings Bank of Mor- risanis, Mr, Willlam J. Best, bas began asertes of Suits against the trustees of that institution to recover the eum of $220,969 68, with interest, and the papers Were servod upou sixteen of the trustees yesterday. The whole amount involved exceeds $230,000 The first action is tor $47,422 99, the amount of dividends declared and paid at times when, as alleged by the re- ceiver, the trustees well knew tho bank wastusoivent, Interest 15 also claimed trom the crediting of the re- spective dividends, The date of the frat one is given as June 30, 1575, the others following euch six months thereafter, including December 31, 1876, ‘The trus- tees held to be linbie im this action are Francis F, Brugman, Philip Ebling, August Freutol, Henry Schmidt, J. Christopher Friedman, Valentine Fries, A. G. Huplel, Michael Kautz, J. B. Denike, Fraoz Sigel and Charies Fritz In the second suit tho plaintiff seeks to recover the dividends illegally paid ag abovo and the sum of $173,546 69, composed of the items following:— First, a loss of $51,906 96, growing out of a purchase of bonds of the town of Southtield, Staten Island, whieh the Court of Appeals bas provouncea illegal; and, second, a deficiency of $12!,969 73, resulting from loans made to oneJulius H. Pratt as president of the detunct New York and Montclair Ratiroad Company, This suit embraces the whole amouut sought to be recovered—numely, $220,969 68, exciu- sive of interest, The following aretue numes of the trustees gaid te be liable therelor:—Nicholas Thiel, Jacob Held, Lorenzv Zouguer and Casper Hake, The third and last suit is against Gustuvus Ploiffer, Jono Eichler, Theodore Wilkens, Frederick Hemmer, Fran- cis De Maligaon and Adam Kaiser, and 1s for iho sum of $173,546 69, which represents the losses by the purchases of Southfield bonds and the joans made to Pratt, THE BASIS OF COMPLAINT. Tn each action the complaict is almost the same, With respect to the first dividend 11 1s alleged that on tho Sth day of July, 1875, “at a regular moeting of the Board of Trustees of said savings bank, at which a quorum of said trustees were present, as required by Jaw, of which quorum the dofendunts were, a resolu- tiou was duly passed for which all the trustces, In- cluding the defendants, voted, directing a dividend or interest Lo be paid to the depositors for the three and 81x months prior to the 1st day of July, 1875.” Then jollows the umount of the dividend, auu the complaint goes On to state ‘that at the times of declaring, cred- iting and paying suid dividend there were no surplus pros applicable to dividends, but that at sald ume. the usseis of tbe bank were insuflicient to pay ite debts.” It is turther alleged “that the declaration and paymentot said divideod was wholly uuauthor- tzed by and tn direct viviation of the bavk’s charter aud tue laws of the State of New York.” ‘The pro visions of the charter in this rejavion are pot very clear, The only refereuces to tne sulject are con- tuined tn section 6 and are as lollows:— Tho said corporation shail receive vn deposit all sums of money wuich may be offered tor the purpose of being in- Vested ax alurenaid, which shall be invested uccordiugly, wud shall be repaid when required (by the depositors), with such interest, Hot exceeding seven por cent, us tue Bow Of Trustees Shall dromysine to tine prescribe. * * Whenever it shall appoarthat.there is an excess of §: in possession of suid corpyration, after the pay usual interest to depositors, that sum xpail urity of the depositors in. ter wt ouch animal exami positors. Tho act known asthe Sevings Bank Law, Laws of 1875, chapter 871, section 33, 18 more explicit. Vbenevor uny interest or dividends nd credited iu excves of the inicrest or peuring to the credit of the cor. poruuion, the trusiees vouug for such divideud shall be joiutly and severally liable for the amount of such excess 80 declured and credited.” INVESTMENT IN ILLEGAL BONDS, As to the Southivld bonas, the receiver gives the dates when they were purchased and the sum p.id tor them. Next he refers to articie 16, of the vy luws of the bunk “auly passod to accordance with its charter und the Laws of the State of New York,’ which cetines the duties of the “Commitice on Finance,” namely, “to decide upon und supermtend the most advau- tageous investment OF deposits aod property in geu- cru.” Section 6 of the bank's charter declares it to be “the duty oi the trustees to invest In Blocks of this Stare or the United States, or in stocks or bonds of any ely oF cougly in this State, issued in pursuanee of Jaw, or in bonds aud mori guxes, as provided for in this act.’ Elsewhere, in the sume section, itis declared that ‘the geueral business and object of the corporation sbali be to roe ce1ve on depos such sums of money as muy be from time to time ollered, aud to invest the samo tn tho or stocks of tnis State or of the United ras iautborized by ently relates to bonds of this section seems to have been Fovisions quoted above, a8 it declares that “no money deposited in the said DANK shail Lo invested, except in the securitios Of stocks Meutioned to this sectiva.” The Soubiela Donds do not uppear to come within the scopy of iuis plain law, ‘They wore nut issued by “any city or county” nor in “pursuance of law,” if the Teceiver is right i saying that they have been pronounced illegal by the Cougt of Appeats. They were purchased, it seems, by the Finance Com- mittee, Dut tue receiver ulleges “that the defendants, fs trustees of said sevings bank, ratified and approved (he uction of tue committee, the uefendant:, wih other of suid trustees, voting for resolutions of author. ity, Fatification and approval.’ 8 be £0— anu the receiver would hardly make the assertion if tt were not—the trustees an exeellent chance ot bavfig judgment taken aguinst them for the full wmouut Of the lous resulting from the transaction, THh PRATT LOAN Concerning the Prati iouns precisely the same form of compiaint 18 observed, aud need not, theretore, be Tepeated. 1t should, however, ve stated that the sec- tion of the charter wiready relerrsd to expressly pro- Vides ‘tbat uo loan shall be made upon aay stuck or FiO W grewier amount than thre 8 of the actual cash value of such stocks oF ime Of waking such lou.” Nowe of id ws Guliaseral to the Pratt loausever Ke, aod that they were doult never possessed any “aciual cash Value’? Is asserted by partics well informed in such mutters. Having gatherea the foregoing from (be voluminous Papers on Ble 1D the suits aud by inquiry ot Chore uc quainted with the ucts a HERALD representative yes- terday called upon Receiver isont to ascertain his Views as to the probability of hie winning the suits and as to wheo the suits wore likely to be tried. THE RECKIVKR'S STATEMENT, Mr. Bect suid thut under the vew Code this class of & prelercuce on ibe caleudar; that bis press them to teri the earliest pos. bt bo reacued by mber, Kegaruing tho recviver said bo entortuiued uo doubt as to bis obtuining judgment tu each case. lo reference to the liability of trustecs for such acts a8 those mentioned tn his compiaiut he suid Lhe law is Woll deflued by recent decisions of our courts, The receiver /uriter stated that with a lew ex ceptions the crusiees of the German Savings Bank are wen of large means, and that @ judgment against them cna readily be collected. This will be good poor depositors, who now seem in a fair ver tho larger part If not the WuOle Of UL m1 Last Decemoer ihe rocer it Morrisania, which was nouced at tho timo vy the Henao, and was reprinted by bim tor distribution among the de« postore, He then placed the joss arising irom illegal Investments at $167,000, and declared bis intention vo apply to the Court ior leave to seli tho securities and sue the trustees lor the deficiency. Court sustain my ciaim,”’ the receiver adde recover an amount wnich with the asse able me to pay you Irom cighty to ninet; the doilur,’”’ THE QUKSTION OF DIVIDENDS, 1m February, The appoints is reoetver, bY request of the depo ade public wil Jury following, when Le took possession of tue bank's ume be reported tho laoiities at $234,000, of which $64,000 was due to banks and inui- Viuuuis of Moueys vorrowed wo Keep the corporauion afloat. To secure the sum last named the trusicos had pledged all the convertibie seeurities, apounting at par to ¢ ) aud $35,000 ot the vest Houde wna mortgage: AVallavie uswets coms! ous this #leader basis aud a lot of very pool von OTtgaKes the Feceiver hus succevaed Lu fur in discharging the judevtedaess of $64,000, thorevy reiwasing the col payment, Out of these, bo says, to Ineure ite has realized » sum suillcveut to pay the depostiors twenty-five per cout A iiret dividend of fiteen por ceut was paid an order bas been granted thorizing the payment of a second dividend of ton per cent, whicu will be given to tho depositors 60 Soom a6 Lue books can by got ready fhe twas for this dividend were derived trom sui @yainss (rusiees OO mortgages mude or assigued by thera to the bank in December, 1576, towaru the do- When the o le ou the eroand consideration. Thereupon © LrUsloes Opposing ery step, but he dually vbveinen the recciver at ch case, With few exceptions the tees appealed, but have since deemed it wise to le. To this fact, the receiver says be 18 1 for the junds with which to vay the second dividead. THE BANK PROPERTY TO Ke SOLD. Next month the receiver will soil at pablic auction the real estate owned by the bank at the dase of bis appoimtment, tucludiog the banking Third uvenne aud 1o2t street, an which be bas been compelied to purchase at fore- closure From the proceeds he expects to be ubie Lo pay a thira dividend of which wail be t in the suits j ‘The progress and Gual d vbese pending actions will doubtiess be watched with Groat interest by the deposiio: stees of say ings banks generally throughout the State. Receiver Best and bis counsel seem quite coufident of success, und thut they will recover the whole amount claimed. Wiliam P, Fiero, Assistant United States District Ate torney, appears a8 attorney and counsel for tne rer Coiver in these suits, BUSINESS TROUBLES. EMBARRASSMENIS OF 18440 MEURBACH—TBE SCHEDULE OF BRYCE & SMITH—OTHEB Am SIGNMENTS, lsanc Mebrbach, of No, 162 East Twensy-fourt® street, the largest dealer ip horaes in thia city, has become temporarily floancially embarrassed om ace count of sudden and accumulated aemand for taxes, assexsments und interest on real estate mortgages, and bas obtaiued um extension {rem his creditora, His liabilities amount to about $160,000, of whic 360,000 is due to members of his family and $40,000 Contingent ag indorser, The asset very large, consisting mainly of real estate, the equity in which ig estimated at Bradstreci’s at $350,000. The total amount of his reel estate in this city is placed at $600,000. This includes 216 lots in Harlem, subjest to mortgages. He has au interest 1 a five farm at Larcumont Manor, Westchester county, where he raises borses. He also owns considerable real estate in Twenty-fourth street, where his stabies are located. The time of the extension is one, twe, throe and four years, his familv agreeing to wait aotil all the other claims are paid. His creditors willngly granied the exiension und express tbe belief that be Wiil discount the time and cvear off all the indebted. bess In less (ban two years, as bis Harlem property 1s coming Into demaud on account of tue building of the New York Etevated Ratiroad. Ho has been handling borse flesh ior over twenty years, Ho suce ceeded the firm of L & 3, Mehrouch, wuich dissvived June 1, 1874, when Solomoa Mehroach assumed the presideucy of the Second Avenue Railroaa Company, He supplied most of tue city raliroads with horses, Mr. Frederick Lewis, the ussignee of Bryce & Smith, wholesale liquor dealers at No. 83 Front street, has completed lis schedules of the nesets Navilities, Which show nominal assets of $597,131 62, real value $121,939 81. The contingent Mabvilitios are $110,560 03. Samuel L, Harris, banker at Nu. 658, Broadway, mado an assigoment lor the bevelit of his creditors without preterences, yesterday, to Luther Suater, of No. 201 Broaaway, ‘He bas been in the banking busle ness for @ pumber of years, and was anager in thia city for the detunct Freedmen’s Savings and Trust Company. His embarrassment ts the result of the financial depression and inability to realize on seourle tes, He ts uvable to give the Amount of Dis lisbille ties at present, but hopes to be able to pay his credit« orsin full, He bas assets consisting of real estate in Now Jeracy, bonds aud mortguges aud ether securt tee. Thomas Galiaber, liquor dealer at No, 1,108 Broadway, adjoining the Hulman House, made an ase sigoment yesterday tor the vonefit of his creditors, without preference, toJono F. Amos. His business has fallen of considerably, which, together with beavy rept snd other expenses and ladorsoment tor iriends, e the matin causes of his embarrassment, He also suffered @ loss on 4 branch store at No. 7 New street, which be opened tu 1874 and subsequently abandoned, In May be gave a chattel mortgage on bis ixtures fos 2,219, He was formerly in partoersbip with Mr Gilmore, the firm being Gilmore & Gallaher, aud bought out bis 1uterest in May, 1871, Au assignment for beuellt ot creditors, without rolereuce, Was made yesterday by Herman L. Kokonl, Villiutn Sveiter and Adolph Morgeusteta, comprising the tirm of Kokobi & Soelier, manutacturers 0: cigars at No. 283 Pearl street, to Reinhold Stelaccke. They started the business in 1873 on a eupttal of $7,000, and their liabilities ure estimated at about $10,000, Judge Choate has coutirmed the composition of the late firm of B. L. Solomon & sons, dealers in Up. hoistery and furniture, at thirty-three and one-third cents on the doliar in notes at five, ulne aud twelve tonths, aud the new firm will resume business in « few days. George Groonocke, dealer in millinery goods at No 573 Broadway, us effected a settiemeut with big creditors, the terns being twenty-ive couts on the dollar, cash, in thirty days, A meeting of the creditors of George W. Beach, raile Toad contractor at No. 40 Broadway, was beld y day at the oflice of Register Little, The schedules Peeiaienowes ltabilities to the amount of $170,000, and I aims were filed aggregating $17,327 29, aa foliows :—Toomas Rutter, $7,265 49; Providence Dredge Company, $2,216 11;'W. H. Morgan, $2,750; George L. Clark, $2,000; Proviaence Pile Driving 1,513 865 Kichard F. Hawkins, $558 842 ish, $400; Beojamin 3, Clark, $270 Willtam B. Coukiiu was elected assiguea, Ala meeting of the croditors of Gvorge A. Scudder, Planing mill at No. 631 West Fourteenth street, held peey at the oilice of Register Little, Jonn Hy Jatt was appointed assignee. ‘The creditors of Friend Pitts, dealer in fancy goods Broadway, held « meeting yeate! at Schedutes was lected ai At u meeting of the creditors of 3 dealers iu toys, formerly iu Chambers street, weld the office of Register Dayton yesterday, a dividend of ten per cont was deciared to the creditors, henson & Co. a BANKERS AND LROKUKS’ ASSOCIATION. In asuit brought by Henry B, Smith and others Qgainst the Bank and Brokers’ Association Mr, Willtam C, Trapbagen was appoloted a referee to past upon the claims against the association presented ta Robert L. Cutting, Jr., receiver. te fied bis report yese terday in the County ‘k’s office, In this report he Slates that the Ciaims presented aggregate $63,123, of whieh sum $23,000 are disallowed und regarding which tuere either ure or will be litigations, He states moun: Of the cupital stock of the sued was $1,000,000, ; iy furvher that ub association authorized to be aivided imio 1,000 shures of $1,000 Olty per ceat of this amoun paid u $500,000; that tuere was au overies stock 01 900 shares; that 1,841 shares w Bomes Of fictitious persous to promote the fraaduleat purpose of John Bonner; that 4,019 shares stand in the name of the firm of Joho Bonner & Co; that 2,650 shares staud in Bonner’s own name; that sity Soares stand in the pameo!t Wilitam H. Newman, wud never owned any stock of the association, and that out of 2,740 snares remain only about 2,000 are ta the names of persons wio solvent He reporta further that the aasets 1a ‘6 bands are fo= suilicient to moet the Habilitica of the that the ouly course under the circumstance takew 1s 10 cali upon the stockholders and collect trou, them the balance Gue on their shares of stock. recommends that the receiver should be directed to Mako 4h vesessment Of Lily per cent om eacn of thr, Stockholders, ERIE TROUBLES, The counsel om both sides in the McHenry Erie sults are busy preparing the evidence, aud it will be given before the Commissioner in afew daya Mr. Arculvald, the British Consul, has declined to serve as Commissioner on (he ground that the business cons necied With bis office, oecupies too much of his ume, At 1s expected that oiher ex-Judge Knoch L. Fanches or Edwards Pierrepoat will be appointed tn Dis places TRANSPL GRAIN, Oa Septomber 14 letier was sent to William Thary Stono, Secretary of tho Bufluio Board of Trade, by Franklin Edson, President of the Vrodace Exchange, in relation to the advance in rates by the Westera Hievating Company of Buftalo for transterring graig trom ike Vessels tv canal boats or eal Buffalo. No reply has been received. ln it President kasog says:i—"Our merch: look upeu the action of the Westeru Eie mpaoy as & Teturn to the eld policy, which had so nearly ruined tho mugmilcent trade Which has built up the State aud city of New Yors,”” WATER AL HIGHER LEVELS, atiog Commissioner Campbell, of the Department of Pub lc Works, sont a commanteativa to the Board of Aldermen yesterday requesting them to pass the reso Juiions which he submitted for their adoption on July 11, authorizing him “to ercct a suitable baiiding, with two puinping engines and fixtures, loctuding # tank und stand pipe, on the city property between oighth steots, west of id to lay the aecessary pipes toenable tue department to deliver Croton water at pigha? i The Commissioner in bis letter saysa— ‘The noceastty F these works Luereasos from day to @ service works at Hl od andar tie poly ing the bi ) Sines their enupl tow in the ordinary sapoly drawn trom the has beev so uch diminisued vy © sony To the supply am jnere bese districts th worvics work# ar ti pressure ol water is mueb rodueed to the uppet floors of many of the huusey, aud come jaints of the inadequacy of the supply are comin row all sides, Au are growing daily mor fumerow this fo 8 larger number has been part of the el will @ 1 those d respeetintly urge tho ii Meutioued resolutivea,