The New York Herald Newspaper, October 5, 1878, Page 11

i THE COURTS. A Double Hlopement and a Single Divorce. RECREANT TO HIS TRUST An Attempted Wife Murderer and Suicide Declared. Insane. Judge Joseph F. Daly yesterday signed a decree of divorce in the case of Joseph Euler against bis wife ‘Theresa Eller, the fucts of which have been wid beretolore in the Hemanp, Mr. Eller, it will be ree membered, 18 8 well known musiciao, was for- merly leader of the Mozart Musical Club. The par- ties were married in 1860 aud apparently lived bep- Pily together until about two years ago, when Mrs. Elier,'it is asserted, became acquainted with a mem- ber of Sorrow’s celebrated Gerwan military musical baud, named Voo Busch, and with whom she subse- quontly eloped, going to Europe, Alter a fow mouths’ absence Mra. Eller returned to the United States and begged her husband to forgive her and to take ber back, woich be aid. They then lived to- gee jaSt. Mark's piace, About 4 year ugou Martha usnington Ladies’ Society was organized, consisting Solely oi females, Mrs. Eller being a teading momber, dir, Charles Breutcl was selected to fll the positivn of secretary, Freutel was @ married man, bud tbree children and was a cabinetmuker, Mrs. Killer and Freutei were frequently together, and their intimacy, toue peculiarly begun, finally resulted 10 an wlope- ment, und after various proceedings begun by the Dusbund Freutel was floally ledged 11 Luuiow Street Jail om w charge of abundoument preferred by Uis wile, Iu the subsequent phases of tue litigation Freutel was Produced as x witness, und since his release from jail, whic took place recently, he hus been living, ib is said, with Mrs, Eller io vie same relation, A FAILHLESS EMPLOYE, 4 pluusible young man of good address, named Edwin K, Mattheson, whe occupied the position of superintendent of the velvet department in the house ot Megara, Aroold, Constable & Co,, whe proved lulth- loss to bis trast, and who pleaded guilty to the charge Of grand Jarceny, was culled to the var in the Court of General Sessions yesterduy tor sentence, It appeared that during the lust two years many Valuable articles ‘Werd missed Irom the establishment, Hie scheme of theft was carried on successiullv, until at length sas Piciod rested upon bim, aod on the 21st of Seprember last he was trucked to the piciure trame mipaglactory of Ralph Hill, No. 645 Broadway. immediately alter bis departure tne premises were beatebed aud lorty-seveu pieces of rich Velvets were Giscovered, Luv mujority of them being identified as the property vl tue Louse by which be was employed. Waen wierrogated upon tne subject Mr. Hill said he bud always reposed the utmost coutidence im Masthes sou’s bouesty and aprigntuess, and pad without ques- lion purcused tue goods on bis representation thut tucy bud been seut to bim to dispose of by bis father, who wusa mercbaat in Engiand. When Mat- Vuesen Was arrested DO admitted tuat ne had stols thousands of dollars? worth of property from bis em. ployers daring the past twe years. When it became kKuown thas he bad become pishouess no Iittle sure prise Was creajed amoug those who bad. previously koown ‘nim,’ Recorder Hackett sentenced ‘bim to re reara: imprisoument at hard labor in the Stave 7 ALLEGED INSANITY, Henry M. Walters, alias Eoglish Harry, who, 1 Muy be remembered, attempted to Kill his repated wile, “Blonde Augie,” and then made an unsuccess- (uF effort toeut ‘bis own throat in a house tn Stanton street; was yesterday orraigned in the Court ef Gen- eral Sessions tor. sentence, Ex-Jadge Curtis, the Prisoner’s counsel, appealod to tue Court tor clem eusy om the ground of the prisone: tuganity, As Sigtunt Disirict Attorney Rullins, who aj tor Yue prosecution, intimated thas he did not wish the Court to be under the impression that be would move 10F senleuce Upou @ wad who cluimed to be insane, He, on the contrary, believed Wuiters to bo pectectiy sabe, and, lest there should be any misap; orem om that score, ho would usk that weutence be ieforred Qutil the Court hud thoroughly satistied itwelf as to sue condition of Walters’ mind, Recoraer Hackett, in Vibw of the suygestioos of Mr, Rollins, remanded the prigouer to the romps, / BUMMARY OF LAW CASES, Judgo Sheridan, in Marine Court, Chambers, yes, boruay, Made an ofder that an attachment issue agaiost John 1, Davenport unless he appears on the. Tih snstant aud answers concerning his property, ‘The will of the late Puabe Jones, to whicn objec tions aro being made by her daughter, leaves bequests so the Roman Catholic Orphan Asylum, St Stephen's Orphan Home, the Littie Sisters of the Poor, and others, All parties having undecided cases betore Chiet Jus- tice Waite iu the Circuit Court of the United States miact present the final decrees for signing to the Chiet Justice at Washington, D. C., on or bufore the 12in Ingt, ‘The Chief Jusuce wat im Circuit yesterday aud Sestied « Lumber of cases on appeui, Frank A, Dunster, the drug clerk who recently pete gutity to the lurceny 01 th $1,000 Unitea tates Vonds nad a quantity of druggiv roperty of bis empioyer, Churies A. Mi P53 ‘Thira avenue, was calied up yesterday tence in the Court of Geveral Sessions, Ke a. + scat Lim to the State Relormatory at Ke mira, ‘. Daring the September term an immense amount of business bas been transacted iu Part 1 of the Cours of General Sessions, Recorder Hackett presiding. T [may officer was Assiaiaus Districts Atiol oiling, Including pleas of guilty wud eonviewions by ‘rial nearly three Lundred cases bave been disposed ol, the result has veen the specay cieuring out of the Tombs 0: persons coufavd there awaiting tial. in the United Status Circuit Court yesterday Cosel Supervisor of Elections Davouport was directed te suOW eause Why ho hed rejected the repubiican list of sepervisors for the Third Assembly district and eub- stituted other names. Mr. Davenport gave as bis reason that tne original names ad been selected Thomas Riley and that they were not individ: acceptable. Mr. Duvenport’s list, with the exvepiion o1two, was coufirmed by the Court, In the case of Avnes and Kute Ahoarn, committed on jon of thelr father to the St. Stephen's Heme, Whom choir mother 1s seeking, througu Dabeas Corpus proceedings, to hat estored to her custody, a rovereues was ordered yesterday by Juage Do rt] to Mr. William Binciajr, Sister Frances Xavier, Lagy Buperior of the institation, maxes retura thi he chiidren are well cared ior, that their fatuer pays $20 & morta for theif board, aud that they do not wish to yb Mr. Abearu states ia COUKT OF APPEALS. ALBANY, Oct, 4, 1878 In the Oourt of Appeals, Friday, Uciober 4, 1878, Presout. Hon, Sanford E, Charch, Chief Justice, and Rasociates, oF di ‘That this Court take a recess this day antil Mooday, the 11th day of Novembor yext, ut teu o'clock, A. Ms, ut the Captiolia Albany. The call of the present cale endar will thea be resumed. 8. PERRIN, Deputy Clerk, DKCIIONS HANDKD DOWN. Doring va. Metcuil; Schilling ve the Boston Alvany Railroad Company; Fiemiog, admioiatrateiz, vs. the Brooklyn City Railroad Company; Barle vs the New York Lite Lusurance Company.—Judgment affirmed with cos.e, Hays v6, toe City of Buffaio.—Judgment on demur- nit aa leave to piaiutil to amend on pay- Assignee, &e., wed ud’ @ vow trial gra re. ed, Costs to abide the Kellogg.—Motion to dismi: PI granted, With $10 coas of motion, ana with costs, Dewolt vs Duriee.—Ap No. 11, Clatliu and vibe Argutne ut resumed and conclude No. 101, Charies Burrell, »ppeilant, va. T wick Rasiroxd Company, respondent. —subm No. 10, Cuurles K. Higham, respouuent, va. Dilion and oilers, appetiams. for eppelianty. - 109.5% B, Davis, appeiian JOf appeliaul abd Albert Suckuey tor resp ‘The Court adjouraea to Monday, Novem! atten A. M Suipalatior KECOVERY OF SLULEN BILLS, On November 6, 1876, $40,000 worth ot new tom follar bills wore stolen trom the Consolidated Bank M Caunda, at Montreal, A reward was oflered at Hime, but no arrests were mide, Avuat two ago Detectives Crowley and McNaught, of the © tral Ofice, received iuiormation that a man in this city was offering for sale some of tion, Thereupon the detectives, W. A Jobson, op lor intermediate days are void. couciude th concealed In joing Foot avd sprang upon the py as the UNS Were on the arrived at ab aygrévment for worth of te bills. NEW YORK HERALD, SATURDAY, gave bis as James Smith, but is known to the Watsoo, ot" or "00""Wall street, who represents the al 2, 8! who rep! Covsaitaates Baok of rel VANDERBILT'S MILLIONS, CONTINUATION OF THE CONTEST BEFORE THE BUBBROGATE—-THE SPIRITUALISTIC EVIDENCE TO BE ADMITTED, The Sarragate’s court room was tilled yesterday morning with the usual curious crowd all anxious to gota gumpse of William HB. Vandorviit, Mrs La Bau, Cornelius Vanderbilt and the o:hera interested in the contest over the late Commodore’s millions, The proceedings were opened by Mr. Choate, who con- tinued bis argument, commenced on Wednesday, agalost the admission of testimony tending to show the sestator’s spiritualistic tendencies, proof ef which wes offered through Mrs. Eieanor F. Bishop. Counsel claimed that the proposed testimony was irrélovant, because the idea was to prove that the spirit directed Dim te Jeave “all” bis property to William H., while ill snows that $16,000,000 had vee distributed other legate 4 the spiritualistie advice bad not been carried out. Mr, Lord claimed that this special objection could be embraced in the objection as to Spiritualism boing exerted ag an undue influence on the Commodore. Judge Comstock spoke in opposition to the admission of the testimony. He said the teatimony would nave been excluded immediately if offered before the evi- dence of Mrs. Stoddard, The Surrogate said there coula be no doubt tuat such exclusion would have taken place, and he added inat he would coasider the Question during recess and give his opinion when Court reassembied, He said be had been impressed all along that the will bore most uomistakable evi- dences its face, of method, imelligence und plan, be 16 right or wrong, which must have been the effort or result of some independent, intelligent mind. Nev- ertheless, he would not undertake now to exclude the evidence, but would decide the question during re- cess. Pending the approach of recess, Mr. Obristiap 8. Delavan was examined. MAKING THX COMMODORE A PRESEXT. Ho said ne lived at No. 42 West Tweaty sath street; bad resided iu Now X ork for torty yeara; knew Commo- gore Vandervilitor thirty years previous to bis death; Saw bim lust at Saratoga in 1875; hed # couversation with nim prior to 1876 concerning bis sons; nis best mewory a8 10 tbe date of the conversation was June, 1874; tho conversacion was beld iu the Commouore’s Witness suid he went to the office io Fourth street. Oftice to mak y the conv. Liuued:—“ said, ‘Vemmodor he’s » mother’s sou.’ ‘Yer *You cum ao as you please with him,’ says 1; ‘he’s amiuble,” I suid, *He’s a sort of apron boy; good natured, and,’ 1 guid, *here’s Cornelius; be’s ‘all come urouud no He was once very wild— very wiid—aud was wgob.’ 1 seid, ‘Commouore, brains ‘There was too much brains 10 bi lor jailed to the stand a asked wether she ver told William that she bated her futner apd wished bim dead, ‘Ibe question was e: Cluded, for, the Surrogate suld, thure was uot a ik of evtdeuce declaring that she bad ever express: euch an opivion. All that bud been soown ou thi point wes found im the testimony of Abby Caritui who swore sue heard William say “You know the girls ali nate you aad Cornelius wisues you were dead”? AVTER BEOESS. When. coart reassemuied ibe Surrogate read a long and very elaborate opiion on: the question of the aa lujssibiiity of the Bishop testtmouy, He thought tne eontestanis bad a right tombtrodace the w offered as tending to show the testator’s io Spiritualism and ite basis us au influence in the cone Btraction of the will. Dr, Sawerthwait was recalled aad questioned as tu the conditions touug to exist m the Commodore’s tops and Mr. Lord having no fursber jeuse: the ease was adjourned-antil ues day morning’®t ball-past ten o’cioc! THE STEWART WiLL CASE. GLOSING ARGUMENT OF IRA SHAFER—IS IT SAF& YOR A RICH MAN TO DI“? The argument on the motion for substitution of counsel in the partition suit aguinst the Stewart eatate was concluded yosterdsy before Judge Weat- brook in Supreme Court, Chambers, At the opoving of the court Mr. L, E. Cuittenden explained that in hus reterence of Thursday to subornation of perjury in the affidavit of Alexander Stewart he meary eoly the nired detectives and bud not intended to include counsel, Mr. Rutus F. Andrews joliowod ina short autobiograpuical speéch in’ which he iniormod the Court that be was irom the town of Proctorville in Vermont, that he went to the sawe school and read Jaw ta the same office with Chapman, whose pupil Kaeeland was, and be came into court tm beball of acquaintances of biy—iawyers whom he knew to be mea of boner, trust and responsivility. He said ne desired to make to1s application because the idea gees abroud that avy one who wudertakes to inter- fere with the sevtied affairs of A. T. Stowart is in some way srying to levy blackmail, ARGUMENT OF IRA SHAPER. Mr. Ira Shafer then replied, He said that at the beginaing of his argument Mr. Chittenden conceded thas e prima jagie case had been made out by the papers, Ibis conceded prima tacie case has not been overcome oy the papers on the other side, The tuceptiod Of this suit Was claimed tu be the lewer of Alexander Stewart to Judge Hiltun, pubiisbed tu the dimnatp of Jusc 7, 1876, and & ietter written by Chapman to Kaoveiaua on tue su of Juiy, 1876, ‘Togse Gatesare siguiticant, Altnougn Kaeelaod bad Dot yes DAd aby CommMuUuication with Siowars, Chup- lune Galle Biw “our clieut” lour several timios, Mr. Buster also poimted out that novwithsianding tuts aod Wrote to Stewart on the 9b of June, claim. tie letter in the HeRALD ay the 1oformatioa upon woica it was based, Frow (his counsel argued tant the Cuapman iotier was written alter tus coutroveray haa beguo. Mr, Sbaler then referred to tuo leuer of the 4th of Sepveuver, 1878, 1n wach Kneeland writes Wo Coapman:—"Yuud must remember (hut two yeurs ago you were desired by Stewart to have ino lvdk alter ois interesis? It bho bad suas setter of July 6, 1876, 19 Whicd Cospman guys Stewart aun orcs Lim to do #o-and wo, Why should he, li Septembor, 1878, write to Chepmau, ‘You mast rememuer that Btewart dOwed yoQ to have we love alter bis in- terest.’ Where isthe envelope accompanying that, ‘with ite postmark showing where it was 5 ‘WaS CHAPMAN IN JERBBY CITY At this poias Mr. Sbaier charged that Chapman was skuiking lu Jersey City wad coming to Now York at Hight to center with BiB co-conspirator, Tuts uile- Bation was Vigorounly ueated by Mr, Coimtenuen and again a8 Vigorously asserted by Mr. Shaler, who said he could bring & dozen witmesses to prove 11, Mr. Buaior reviewed the antecedents of Kaeeland With wus bisterness in relution to ocber suits, and in considering hie reiatious with Ubapwan in ibis action he asked, “Dia ever two vurgiars ping to breuk ino ae bavk wih a clearer unucrstandiug?’’ ln couciu- my 1 VYots here, and every wotiac L uave iu the wiue world re in New Yurk—i bave in the willl have @ maa of culuvation, of ioaruing and re- yy in his domeste reiatious, is aticipations been reused? fe was nut cod tu ow gal wuystere—by that 1 dou’t mean Baruert aud Kooi—vonveived that condition of to be calied & lawy: Will be almost equivalent to the appellation o1 mon thief or highwayman, There would be lewer con- Ys Court, less iegal wrangling, jad shrew duy: THE GAY WILL. ‘Au adjourned heating in tne Gay will ease was held yesterday moruing Judge Dailey iu the Kings County Surrogaie’s Court, Jono ©, Gay, the testa- tor, was at one Lime engaged with nis probate it Was cuntustod the growau th he will was ned 1 mtil Vel DkIVEN 10 STKAL James A. Britton, a sa! jan ia Sheppard Knapp & Co.'s carpet No, 187 Sixth avenue, has for some tim suspected Of dishonest pra tices, and of Jate watch bas been set upon tim. Yeu Veruay a indy oaine to tue piace aud purchased twemty- eigus yards of curper at seveuty-live cv Britton received $21, and pocketing $6 tur to (he casuier as payment for twenty yards ‘The trick Was ut once discovered wad being coarged with thett, pleaded tuid he hai been married only «i had boed driven to such pradiices by tue ty be experiouced tm living upon a weekly ‘ol 9 Morgan beid nim to anewer m THE BXOISE LAW. BECORDER HACKETT'S DETEBMINATION TO ENe FORCE THK PENALTY FOR ITS VIOLATION— SENTENCE OF THOMAS P, DOXLE—WBIT OF HABEAS CORPUS. No little interest was croated In Part 1 of the Court of General Sessions yesterday when Thomas P. Doyle, of Messrs, Doyie & Murpby, ot No, 87 Third avenue, and their bartender, James Corcoran, both of whom recently pleaded guity to a violation of the Excise on selling on the 24th of May last liquor without nse, were arraigned sentence, Mr. William F; Kintzing appeared as counsel for the accused, and stated, in view of a mitigution of sentence, thift Mr. Doyle bad applied tor a teense in March last, the foo for the samo having beeao paid in advance. Tue license, te issued to the accused wall! lat of thas a point of View be submitted that th so far us they bad sold Nquor without watt: loense which they had every reason to belie’ ‘hey would obtain, Mr. Kintzing also submitced umber of affidavits from peighbera of the accu who set forth that the suleon was respectably THE SENTENCE, In passing sentence Recorder Hackett said;—‘It to my duty, though a great pressure has beep brought 10 Dear upon me, to with these prisoners according to law, without regard to own foelings, The Jaw is in existence, and notwithstanding my own convictions 1 am Here. to entoree it. 1 will do my whole duty, regardiess of consequences, It we w “dissatisfied with the law we cua go to the poils vote for men who will change it. Dave afluavi my hand that coutradict those of the prisoners? friends as to tue character 0! the saloon. I have also ‘a letter from an aituché of the Board of Excise to the effect that Doyle did not apply tor a license anul the 28tn of May—four days after the offence with which he is churged was committed. Under these circum- stances I sentence ‘you, Thomas Doyle, to be impris- Oned in the Penitentiary for thirty days, aud you, James Corcoran, to pay x five of $10,” WRIT OF HAURAS CORPUS, Mr. Doyle at onco paid ine tine tor bis bartender. Directly toliowiwg the sentence of Mr. Doyle Mr, Kiuigiog went before Judge Donobue, in Suprewo Court, Chambers, aud asked a writ of habexs corpus in bis casa, ‘Tbe application was _prompt!y granied and made returnable jorinwitb, Shorty afterward the matter came up for a» bearing, Assistant District At- torvey Leary appouring in opposition, AtMr Kiote ging’s request, however, the argument ip the matter was postponed tilt this’ moroing, when Mr. Kintaing will ask ior a writ of error unu stay of proceedings and the admiswon of Doyle to bail pending un appeal to tne #upreme Court, General Term. Meantime Doyle was remanded to the custody of ine Snerift, SALOON KEEPERS INDICTED, The Grand Jury of Essex county, N. J., came into court yestorday with a large namber of indictments, including several against Newark saloon keepers th sireet, the proprietor Toe indictment ch: resort of low gbaracters und tne scene of tippling ghting. Charles Kolo, Charies Mink, Marcus aud Patrick Meegan were also indicted on same charge. Bach gave bail in $500 to appear and abawor, DREADFUL, INDE&D! “What is the iady charged with?” asxod Judge Morgan, aa Mrs. Annie Devere, plump, pretty and ex- cecdingly Frenchy, took ter stand opposite John J, Halit, who was sour, grim and irascibie. “She broxe the Sabbath day,’? quoth Hullt, prodac. ing a bundle of legal cap to refer to, Tho sudge dian’t look a bit shocked, «What else ?”? auked he. ho calied me hard uames—very hard memes, in- deed,” simpered Hullt, with the air of a martyr, “What were they ?’? demanded the Court, Out came the sad cap again. “Au old fool, crazy fool, Acrazy old thief, A blackguard, s——’ The ligt seemed a long one and the Court interposed, “Did gue do anything els Halit seemed astonisn: such enormities could be listened to 80 calmly, Dut he said;—“she shook a at mo and soemed about to kaock off this honored ead,” “Gut home,’? was the Court's advico to the ae fondant, and to the plaintf, “Get out, and don’s let that honored h how up bere any more.’’ No sudder spectacle bas been visible for many days than the departure of Hulit and the loolscap, ‘TWIXT BROOKLYN AND BOSTON, Jemes Dearington, the Boston lawyer, who was ar- rested by Detective Folk, of the Brookiyn Potice Cen- tral Office, on Tuesday last, on complaint ot Detective Wood, of the former eity, charged witb grand Jarceny, was. arraigned betore Judge Wale yesteraay, The warrant, Which was procured irom Judge Bioom, ‘charges the prisoner with baving stolen $1,150 in turee four per cent government bonds belonging to Annie Cushuill, of t Counsolior Jobnason, tor ti rant on woen bie olf fa rf with Brooklyo, His client demanded au imined! trial, Hoe bad made no attempt at concealment coming bere; bis baggage bad been regularly ch e, Detective Foik said that was Ot OD the part of the counsel, as the pr had checked nis beggage under au assumed name. While the case was veloro the Oourt Detectit Causeland entered with « warrant tur the arrest of Dearington, issued by Judge Charenniil, of Boston, ob the setue charge, District Attorney Catlin asked for an udjodrnment of the case, as be said it would probably be necessary ta kel & Fegaisition in order to return the prisoner to Boston. The case was ad- jJourned tli Ibursday next. APPEARANCES AGAINST HIM, Morris Zwicker, of No, 128 Ridge streot, leit nis apartments yesterday ‘moruing und revarned in an hour to find Louts Stein, of No. 24 Chrystie street, en- ed im ransacking the He bad secured « watch other valuabies $100 when discovered, vut nevertheless pleaued 1anecens when arraigned before Jadge Duffy, who hold him iu $700 to answer. A BOY IN LAKE ERIK, THIRTY-EIGHT HOURS A¥LOAT IN TEMPESTUOUS WEATHER [From te Cleveland (Obio), Herald, Sept. 27.) No one would care to pass through the terribie ex- perience which George W. Voroy, a lad of this city, nineteen years old, encountered on Lake Erie during the early part of this week. The sory of the suffar- ings of Percy and bis final rescue, with the death of ompanion, were told last as follows :— “On Monday morning, at four o’clock, I arose, ate my breakfast, and, 10 company with an orphan voy, Angus MeGiilia, hurried to the river to take & sail to Rocky River. We hired @ ewail saliboat of Mr, Law Bud got of about seven o'clock. We were towed a hie way und Were enjoying ourselves consid when, at abovt hall-past eleven e’clock, the boat was struck by a squall. 1 did all suat 1 could do to prevent the bout irom capsizing, DuLover she went We wo en about three wiles trom eo mile trom the ‘® Woiriwind had wiruck the boat, and wi went over we could uo Boibiug but clivg to the and botem. We gut has and waved them, we shouted bat nyo one saw or hi Uur teenngs were terrivie. Wo drifted abui hope ef aid uatil morning, of tugs came along, and then she isked Up @ schooner, vut 1 twenty Minutes past two v'civek v1 y moruing, Wheo I Imost ded with tion, You have no idea of ik 1 thougut of aod expected to dia At was picked up by the couldu’t see where surued around 60. I bad be given me, [took a litte taste ata time, 1 up stairs to the dinivg Foom. The men palled of my jt mu Heer the steam pipes, 1 ers, aud @ 1t they coulda’: do by nud by I got ted to Detrolt aud was met by the reporters, They tre: me well, 100, Ldiun’t have any money, and tne re- porter of the Free Press got meu pase to return to Gieveiand.”” It wit probably be some time before young Percy ‘will fully recover if from the effects of his terrivio ex- tue thitty-eight ho ™® that he was OCTOBER 5, 1878,—-TRIPLE SHEET. GRACE HAGAR. POINTS FOR AND AGAINST HER. DISCHARGE FROM THE HOUSE OF MEBCY—ASKING THE APPOINTMENT OF A GUARDIAN. The complications growing out of the efforts of Grase Hagar to secure ber discharge {rom the House of Mercy have not yet been disentangied, for on the open! ef Supreme Court, Ubambers, yesterday, the matter came again beiore Judge Donohue. mr. Wheeier H. Peckham, counsel tor the institution, said be bad nothing tosay, and, im tact, did not cer- sider it necessary 10 say apything, a6 be was willing to rest the case wholly on tue return to the writ of babeas Corpus, This returp, he stated, set forth that Grace Hagar bad been committed to the in” stitution ou Septomber 13, 1873, pursuant to a com- mitment granted by a Judge of the Fourtn District Polioe Court on application of Mra Caroline Hagar, ap aunt of Grage; that the warrant and. commitment re placed at the time in the bands of the Comp- troller, but could not be found; that Sister Superior Mary alleged thas the girl had always been kindly treutea in tue institut: that every effort haa been made te reform bi bat Mrs, Van Dora, who was at the botiom of the present proceedings, had been for several yoars an omployé in the institution, but wasa woman of intemperate bubits, and that it was feared Af the girl was now discbarged that she would soon in all probability be ruined, These statements be thought uMiclent to warrant the detention of the girl in the inatitation, und upon them and the facts that the Petitioner Was & sirauger Lo the girl aud tual ber aunt ‘Was desirous that she be kept wuero she is he asked a dismiaaal ot the writ, GOING 17 ALONE, i Mr. H. 0, Southworth said he desired to submit af- fiduvits and make @ leugtny argument 1 opposition to the motion. Air. Peckham said he bad no objection to his pre- senting Whatever pupers.be chose und talking at aby lengta the Court might wilting to bear him, but owing to osher engagements be could not remain, sud none willing the argumeut should proceed in is absence, 4 VERBAL OR WRITTRN ORDER, Judge Doaovue stated out alter cuiling the calen- dur he would bear Mr. Sousbwerth, sq the case was buequently brought up again, bus iubtead of reaa- g the promised affidavits und’ mukiog the proposed argument be asked tbat toe Judge grant tim au order permitting Mr. Trainor, Adwioietration Clerk in the tution may object,” interposed Mr. “Wisnons a written order they would ur Soutuworth, know,” gaid Judge Donobue, ‘and ee will be toe time to talk avout a written order. REASONS YOR GRACH’S DISCHARGE. Thas the cuse wands ut present. Ine proposea { Mr. Soutnworth are four 10 of Ubarles V. Coukiua, the young man signing (be petition ior tho writ of Dabeas corpus, siuliby Dow through hearing Mra. Van Dorn tell the story of Grace’s incarceration he ve- cume imterested in bt bebalf, and on advice of counsel signed the petition, Tne second afll- davit i@ that of = Mrs. ¥. Bui, tue janitor of the Thirteenth Street Grammar Scnool, who says tbat ene also became iuieresied iv the case from bearing Ure, Van Doru’s story. Sue she bas known Mra, Van Dora ior several at the charge ol drunkenuess aguii ir believes to be wholly without fougdation, Fol- lowing this ie tbe affidavit of Mra, Vana Dorn, who denies the barge Ol intemperance. She then tells ‘the story of Graco’s demeunor and treatment as already published. Mr. Jesse U. Bull, ousvaod of Mra Bull, corroborates tue wfidavit of bis wife, with the further statement that bu is williug to bave Grace live ou bis family ifsne 18 Gisebarged. Mr. Southworth suys that on these papers he shall move for a judy- meat as if no returo bad been put in, on the ground buat DO good dejence is set up. He insists, furiner, that the ovjection to a stranger making the petition ts untenable, aud that the desire of the aunt buat the girl remain io the 1ostitution should not overrule the ‘wish of the girl to get awuy, VICTORIA CONNEKS’ WSITS OF HABEAS COBPUS AND OBBTIOBABI GRANTED TO HEB AND DR. BRADFORD. ‘It was generally antioipased that all the parties de- Clared to be implicated in the alleged malpractice re- sulting in the death of Sarah Victoria Coo_ ners would invoke in their behalf writs of habeas corpus and certiorari, and thus seck exculpation irom ¢! @ charge preferred against them. Only two such applications, however, were made yesterday, the first being that o! Mra, Mary J, Conners, the mother of the unlortunate deceased, and the second that of Dr. Orlando &. Bradford, com- mitted to the Tombs in default o: $5,000 bail, In both cases the petitious were presentea by Mr. Will- tam PF, Howe, their counsel, to Jadge Donohue, wm Supreme Court, Chambers, As the petition of Mrs, Convers ts one Of unusual characier 1 is given velow im tai), MOTHER. MRS. CONNERS’ PETITION, Yo ‘rue Hononamx Suraéak Count or tix State or New York—Fiust JubictaL Deraktuxy: I, Mary J, Conners, pesition this Uourt and say thas I am uplawtuliy alld tilevel!ly devaioed, restrained uf my iu and imprisoned Ly Jamex T. Kilbreth, bequire, one o lice justices of the city and county of New York, und that Pin Vorcommitied or a a by virtue of way process issued by avy court of the a thereot, por am 1 committe final judgwons or a minal Jurisdiction, or by virtae of issued upon such judgment or decroe; that the cause oF pretence of such imprisonment, vestraing and detention, coordi he bess of the «now! be aseq yar, who 1 the Jove motuer ever vad torherchild. 1 od, that neither uirectly Abt oF participation 1m Said to Lave been perpe- jivea and in whom my Saat it is tue rel borribie thath caust Conners, the and devution that fonde: solemnly suy, before Ali nor indirectly did 1 ever take procuriay the uuuasural ori trated upon ber for whom alo: dk Bay istentiy m r 4 and is unwarruntuble iy e advised by my counsel, Willis ssclutilie of eviaenes to Ju u in ai degree, Sommisslou oft wardiess o! will MAGY J, CONNERS, Petitioner. DR. BRADFORD'S PETITION. { Dr, Bradiord ioliowed the 1 documonts, deciaring mitment and bis inne ‘The petiti formals ot DE. M. GC, BAKER'S ACTION, Tho following correspondence yesterday passed be- tween the Health Dopartment aed the Coroners’ office in relation to the case of Sarah Victoria Con- nei cause of death. JOUN TL. NAGLE, Joun I. Nadie. Deputy it In reply tu your nute of ing! of surah hora to inatra 0 Instramen ; ere D. B. MILLER, M. D. The object of the above is to institute proceeds against Dr, M. C, Baker tor having falsely certified to the cause of the In- spector Murtay holds the opiaion that Bakor was guilty of @ felouy im that respect alone, and will fol- BUSINESS TROUBLES, ° of Sylvester V. Gilbert hi about $7,700, creditors are S Guire, $2,500; 8, { Joba F, Warren’s petition has been referred to ster Ketchum, His tiabilities amount to $8,270, and he bas no assets, Amon, Fellows, $6,670; Herman Baijer & Co., $820; Frede- Lasovowitsch, $6,400; Ferd Mayer, $2,000; B. R Lancey Shepard made application to Regis- discharge irom bankruptcy, aud the mat- yesterday. There was P| the creditors and bis petition will ve ules re presented showin; amouat of $16,000, and Jona H, assignes. ‘att was appolated PAYING A DIVIDEND. In the fall of 1875 the Orm of A, M. Reynolds & Uo., of Newark, tailed, making the frst suspension of a banking house in Newark for eighteen years, The failure wag felt severely by the poorer classes, and at one time there were violent demons'rations egaiust the uead of the drm Yesterday, iter three yours of waiting, the personal creditors of Mr. Reynolds were suaimoned together, and to thetr surprise a dividend of sixty per ceat was declared to them and one of three per cout to tbe crediters of A. M. Reynolds & Co It was further stated that the personal creditors would probably be Paid 10 full und the others would receive another divi- dend, There was much jubilation over the result. THE DE GRIEFF (ASE. WHAT 18 SAID BY THE LAWYERS—THE GOV- EBNMENT CLAIMS 10 HAVE ABUNDANT PROOF OF THE CONSPIRACY, Fow new facts were brought to light yesterday in the alleged conspiracy case of Do Grieff & Co., silk and lace importers, of Broome street, Mr. Cammuings, of the firm of Vunderpoel, Greon & Cummings, who is sounzel for the defendants, repeated bis statemont that the proceedings on the part of Jona W. Britting- ham, formerly clork for Do Grief, are prompted by mercenary motives. Ho further alleged thut the gov- eroment baa commenced this prosecution im good faith, be had no doubt, but that at was based entirely the affdavit of Brittingham, who, of course, would influenced to move these proceedings trot . ot vindictiveness, Ho said that as coun: u m him this case, but bad always iudign: declined the firm were contident that would be abio 10 show that there was not » parti of traud iu theit transactions with tue government. He did not believe that thore would Velopments until the case was beard States Commissioner shi Vernment, an 0 consult the Attorney a easury respecting it, says that Mr. Cummings ts wrong in bis supposi- tion that the government rest their case on the atf- davit of a discharged clerk of the firm of De Grief, Such was not the casa, On the contrary, the yovera- ment would produce # witness who took a copy at the time toe documeutary proof was in the possession of the government of all the missing papers, and that copy would be produced, The yovernment would, however, go further than that, aod would sustain (heir proof by several other wituesses, aud be bad not the slightest voubt from tue present aspect’of tue cuse that @ conviction would be secured. ‘The evidence was, in bis judgment, os clear as any that was ever submitted to a court. He bud not the slightest doubt they woala be able op the present evideuce to reopsn the civil cage in which the government had been de- feated, and wbich had been so mysteriously pushed Jor trial by tne authorities ut Wasuingtou. There was no doubt that the vationul revenue bad beea cheated of millions of doilara by irauds of this character, and he believed that an effectual stop would speedily be Put io their perpetration, Genera! Roger A. Pryor is counsel tor Hugh J, Bog- ley, the former confidential clers in the office uf the U States District Attorney, aud who, it is now alleged, eotered tuto negotiations with Brittingbam to pat bim in possession of t! necessary 10 convict the fi notbiug b client uny & ay, aud that little or no action will bo taken in the watter ag tur ag his client is conceraed until tne examination op Tuesday, Buil tor ull tue accused persons was periected yes- teorday, und they are now awaiting aoxiousiy the ex- amination vefore Commissiouer Shields, ANXIOUS POLICY HOLDERS. THE VICTIMS OF THE DEFUNCT NATIONAL CAPITOL LIFE INSURANOK COMPANY LOOK- ING FOR THEIR MONEY. A meeting of several of the policy holdors of the ae tunes Nationa Lite Insurance Company was neld yes- terday afternoon ut the office of Messrs, Butler & Ball, No. 271 Broadway. he object of the meeting wus to devise some plun by which che fauds now on deposit at Albany to the gredit of the company may be divided tor the beneiit of individual policy hoiders. Mr. James &, Butler, who issued the call for ihe moeting, presided, aud spoke at some lengib on the uffairs of the company, lt was stated in 1805, always did a poor business and finally became bansraps in 1873, passing toto thi receiver, Mr. Ira Beurd. alter the latier’s Tepor: ihe Supreme Court issue aa order directing ui to re- insure all the risks of the old company jn tue Ameri. cau N od ‘rus; Company, of New Huven, iu pursuauce o1 ment made by urder of the Court. 1b au al present Peisou, boug! company callin, Compuny. In Deoe! Haven Compauy vecum Noyes secured ap agreement by *\uvolved, aad Which W trans. ite risks to the National Capitol, in- tue fe. risks Theo ou Mr the de, of = cuarse, Li Noyes Nationst juuey bougut up iadividual policies at low rates, paying uli the way 1rom nty tive $0 twenty per cent of their value, The be ly WHO Agreed Lo ail Lhese changes aud surrendered their policies, found them growiug less anu less Valuabie, Mr. Nyyes’ officiat career was Uoally cys short by «term in the New Jersey Stare Prison, aud the policy boiders jound no tuy Io the words of Mr. Bi the ju: gone from tho Nutioual Lite 10 to tbe Americau National bd go reve Capito: and toe National Capitol Bad gous iuio the State Prisow, - ‘Lhere is required by law = 1a0d of $100,000, to be depesited by wach company with the Insurance Super- inteudeat at Alvany, us & guaranties of 118 good agement. This 000, is National Lite, at Aloany, Some suis have elseady beg Brvokiya and there nave been liens aguiust tue deposit by poley bowers. A li was passed by the last ure) = provide lor Asbo sppomimeat of uw releree by Attorney Gwueral to make a distribution of tho A Clause in tue bill provided tha with Pegard to the policies surrepiered 10 dir, Noyos ovly the ainvant thas be paid tor them should be takeu us tne pro rata bess uf disiributy id mot the tace Value of she policies, This was done to snut off air. Noyes’ littio speculation. But Gor or Kobinsva re- fused to e1gn tue bill on the ground tuat toe Attorney Gencralaiready bad toe powerto act iu the matier with out auy special legislation, The Attoruey Geooral gave ve Opinion and the bill fell torougs, The mee ing of policy Bolders wae called with 4 View of asoer- \aluing Wuet postion the Attorney Genera: Wil take, Mr. Batier said be was convinved the sum on deposit could only ve’ reach turovgh ao special vill, Lt was necessary urst 40 Obtain the opimied O1 the Attorney Gumeral that Le has uot the power to appoint sued a relores, and tat lailed laws year. pro rdia amoug the eo Habilities amouns neral dixcussion Of toe situation occupied the alieution of the meeting, which Hually aujourned ua- ti next Puesaay at Loon. "HK NEW BARGE OFFIOR. Assistant United States District Attorney Fiero nas at No 64 Vesey street, is in voluntary bankruptcy, haviog Habilities to the amoaant of $2: od vo assets, The princi- pal areditora ate en. ‘Dray ias a Oa. 03-0b0: Me the tile to the property im jw berge office, He flods nocio far, expects to lod none and will THE LeItRiM ESTATES, THE EVICTION OF MRS. ALGOE AND HER TWO BONS, (From the Dublin Irish Mail.) 0 Miltord Petty sousious (Seprewber 19), betore ja Peel, R. M. (chairman), fnomas Batt, Joho H Swiney ayd Eumand Mansfield (magistrates), Joba and Robert Aigoo, brothers, appeured on their own recogaizances to answer the complaint, on information, of Captaim Dopping, agent of the Letirim @state, and Piers Harrison, for baviag as- saulted them severally, at Burlia, on the 17th inet, iso LO anawor the Charge vi Ovostable Kelly, at n OUR COMPLAINT BOOK. [Norz,—Letters intended for this colama mast be Accompanied by the writer’s full name acd address te ttention, Complainants who are illing to comply with thisrule simply waste time in writing Write only on one side of the paper, Ep. HmgaLe.) OVERCOATS FOR THE MILITIA. To ras Evitor oy tas HuRarp:— Why do not the authorities 11 members of the National Guard? The evercoats are in the hands of the State officers, but it is said theg will pot be issued unless 1 think thas this au overgouts while uttendin winter. weetpaRalUs Ef WAGONS IN FIFTERNTH STREELT. To tax Epiroz or tTué HERALD:— ‘The keeper of a livery stabie 1u Fifteenth street; bee tween Filth and Sixth avenues, occupies at least 128 feet (running measure) of the street with all sorts of Vebicies, butcher carts, !urniture und express wagons, hacks, &c, The ow: horses with ir Vehicles by storing & street, uch to the unuoyance of those Wi! weilings in the neigndornoud. THE AMERICAN IN3}ITUTE FarR. To tux &piToR oy tax HeRaLo:— Is there uny reasou why the munagers of the Amer> can Institute foir should not reduce the price of ad mission to twenty-five ceots? This was the rate wher the fairs were beid at Castie Guraon, and I am not resent shows are any more meritori- ous orextensive. Filty o was a jatr race iu when @ greenback dollar worth lets than iony cents, but it is too Ligh vow, whem the currency is practically ut par, Will not the managers of tue exe Dibition take the hint? ECONOMY, A HINT TO°rHe SPORTSMEN. Hackertarowy, N. J., sept. 28, 1878. To ray Epitok o¥ Tus HeRaLD:— We farmers like your paper and like the city peo Ple, aud are glad to have them come and cateb our fish and shoot our game, which is so plenty that all can dlla bag. 1 wisn you would iet me complain of who come re. They needlessly break down ces aud shake our bést apple and peach trees, ‘Tow we do not tik here is plenty of gume and loads ih up {BD bhis cou ~ Let t take all be longing to them 10 a fair w. Our good iruit or break our tenous, fo ROBBERY OF THE SICK, To tax Evrrox oy raz HeaLp:— In the Graud Central Depot, near where the pas« fengers Jeave the trains, is a receptacle tor news papers, magazines, &c., “For the Sick in the Hospi- tule.” Lsaw on Tuesday, 24th ult., a broad shoak dered, ill-looleing, uuiformed porter, with « short mustache and goatee, take a paper from the box, care fully fold it, put itin bis pocket and walk off broom te jn band, This must be tue custom of the place, for several other porters, 2ue eviventiy in autnority, bis ite baud on bis cap suowing it, wore near and jd must have seen the act. Afew minutes after rovbery a porter, with u white beard, looked into the box curelully. He dia not, however, steal s paper perbaps bis favorite oue was not in sight =F, le STEALING MaDE EasYs To tum Epitoz oy tHe Hxzap:— 1 think the “Complaint Book” should take notice Of @ great danger to the depositors in. savings. banks and other corporations, owing to the alteration in the Code on the question of the statute of limitations. Formerly delinquent trustees were Mable (or breach of duty for the usual period ef siz The Code 1 yours from 1 discovery of the wrong. ‘cudnges eriod to shree years from tue accri of the cause o1 action. Thor if a dishon official cau keep bis misdeeds secret ‘for three years be held to account by tbe depositors. It is as if it was bad enougn vefore tor the publi¢ us ugainat dishonest officials, but tois is simply steal ing made easy, ‘The Legisiaure snould put it oak next session, 4 SAVINGS BANK )FYOsITUR, A SLOW FERRY, To raw Epiror or THE HERALD :— 1 most respecttully call your attention to the slow running of the Hamilton avenue boats. The Union Ferry Company has three boats on the above jerry. They put what ts called tho day boat on ten minates after seven o’clock in the moruing and sho is tazen off at hulf-past six on the Brooklyn side, which is the busiest time in the day, when tho tr 8 the great- est, Yosterday evening (Wedueaday) we passengers had to wait t ne ininutes fur a boat—from a quarter to seven o’ciock til sixieen minute: ‘The river was free from auy obstruction, Evidently pilots aod gatemen run the boats to suit them- elves, Tuat ts what I presume they call rapid trans sit, Is there no way \o compel the ferry company te run the bouts during the busiest time iu the day every five minutes? PASSENGER, STREET OBSTRUCTIONS. To tux Evitor oy tak Hewarp:— I beg to call attention to the disgraceful condition Of the following streets:—Oo the Southerp Boulevard (Bast 133d stree:) & sewer bas been in progress for eight or ten months, It has been completed acrosg this street fortwo or three months aad the street Qilled in, out not restored, and large tmbers still ob- Struct balf the width of the str 1m a very dauger On Third avonue, at 130th street, rs 1y or quite abr. it of the Queen, ior a violation of the peas AssaUlting said parties at the sume time and piace. fhe two Algoes and their mother, Mr. Aloe, 6th ipet, taken forcibio possession of their former uvuse and noi had beeu evicted two ag eneuion, Of just Tuesday Vuptain Doping and jurrison, the oailifl, went to the bouse vocupied by tne Alaves ry ool ai 11g pusseEHON, rapped and Rovert Alxoe purely ae Dopping attempted tet Rovort Aigoe, thrown Of bis Duck aud neld down. He also assau! sou bY pusuing him. Jobn Aigoe committed « sim. thet assault Harrison LF ations sud boiding bim ur jd Harrie on Captaio Dopping and fue on, ubd Joha Algoe 1 1 ten shillings tor assaulting Marri Mr. G@ibsou, the. suv-iusped police ensu, tuey Were Ordered to Ob toe applica: ‘DOL pressing the costs of court, a of Uuptain Dopping, who it, Jarge pile of dirt and timbers render. and boulders to pass. Noa Bight except ue side of the avenue oaly. ovstructions are tigbted at ou Lexington avenue, and thet on ‘BAVELLER CAN ‘THIS BE SO? To Tus Epitom or THE HeRALD:— Twice during the past week have [ been delayed from twenty to forty mipates in getting up town by heglect on the part of the Metropolitan and Greem wich Elevated raiiroads, In tho cas@ of the de lay om the Metropolitan line I learued thas the en- gineer bad permitted the steam to become exhausted, and we only reached tation after three ussuccess ful efforts acd successiul atiemps on the part of “iollowing trains” to pash us forward. Between six and seven o’clock Saturday trip of the Greenwich str were an extent that is required from Watrea to Thir- 10F purposes of economy, uinber of remen from these various do tbe work tuat should be imirasted ce} pi he sof i this THE POLICE COMMISSIONERS, The Police Commissioners met again yesteraay and transacted cousiderabie routine business, Ohied Cierk Hawley’s report as to omployés of the depart- t who purchased certain supplies for the police boat Seneca was ordered on On & rosotation offered by Gommissioner Nichols Roundsman A W. McDonald was made sergeant. Mr, Eruards offered e resol that Patrolman David i. Crowley ve made Tuuuesman. Messrs, Nichols and Wueoler supported the rosolution aad Pres Smite voud oe, Mr, Erbardt oMered a resolution thes the new made rowadsman oe promoted to w herr? Presiaent Smith was again alone jn oppositiva to Mr. Eraardt, the others voting yea. Something like « cireus pero formance transpifed at tue junce shorty ater which Mr, Erhardt retired. Alter listening to a com, muoicatiou trom Mr. Leooard Jerome on the eunjees rday morning ma cheee oo olSth, 56 IDLY; PRIVATE LeSsONB all hours. ‘Unt of town erasses attended. =VAKIIBWS DANULING AUVADEMY, 6 UNI A. (4th ay. side).—Private losvous amy hour, A SAUSK'S DANCING ACLADBMits, 114 wr West 33d.—KOUND DaNUKS taught Seo circulars. ty. \RaNANDU'S DANOING AOADEMY, OOTH ST. 3D “Loaington em ay, (bank , buitding).—Keceptions Tui ¥ roulars address 675 how Y Private lessons QO ABBOLINE MAKES HAIR by! dy! umape. BOLD BY ALL pavaaisis.