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

THE COURTS. Science and Law at Logger+ heads. UNHAPPILY MATED. Slander Suit and Justification of the Alleged Slander, —_+-___ A sult was tried in the Marine Court, betore Judge Bheridan and a jury, yesterday, of more than ordiwary aeientific character for that Oourt. Henry J. Newton, ‘& well-known scientific gontieman of this city, brought the suit against Charies B. Boyle, an inventor and manulacturer of solentific tustruments, to recover $160, whieh be had paid the latter for the manulac- ‘ure of a microscopic telescope with @ photographic Attachment, Theclaim made on the part of plaiatiff ‘was that the contract was made in the fall of 1866, and hat in the winter of 1876 and 1877 the defendent again obtained possession of the instrament under pre- tence of exhibiting it at the American Institute fair and failed to return it. On an afl. davit to the effoct ‘that the mstrument had been obtained from him “oraitily and subtly” the Plaintif obtained an order of arrést against the de- Jendant hy on which he gave bail. The story of defend- by Not ‘on the trial yosterday, was thut he agreed’ sian Piaiaus to make the uments in suit for He made and deliverea the instruthent and Parva $150 on account, and atthe same time in- structions to make certain additions, Some of these additions were made while the instrameat remained in the possession of the plaintiff, und gtill later de- fendant took 1% into bis possession to complete them. Delendant further stated that the alterations and additions which he was required to make ou thein- strument created a balance in his tavor of $140, for Wbich amount he claimed to be reimbarsed, and witn this payment the iustrument was always at the dis- posal of the plaintiff. The latter, who was formerly Of the firm of Bradbury & Newton, piano manutae- ‘Varers, and now sponds bis retired lewure in tide pursuits, contradicted this, and asserted turt! a that in ite present condition the instrument was in- Capable of taking a pbotograpnic picture. Beeoming Spthusiasticio his testimony on this latter point tne plaintiff, asserted that be would pay $1,000 to any Bue who would take a photograph with (he tostru- yaont. Immediately the defendant leaped to bis feet and said he would accept the proposition, Mr. Anthony, tue dealer in photographic materials, teati- fled thut the instrument was incomplete forthe pur- poses ‘of taking @ photograph withoat a wooden box to proms wensitive plate, This box, it wag claimed y the other side, Came separate irom ne photo- graphic jens, and was nota part of the contract to Tuke the instrument. The jury came in with a ver- dict 1g favor of the defendant for $50; bat the Cuurt, having charged that their verdict, tin favor of the delendant must bein favor of him generally, they Were sent to their room again to deliberate, They ae secakoy with a general verdict in tayor of de- feudant. DIVORCE BULLETIN, Kliza Geery ana Jobu Geery, wno were married on the 23d of April, 1868, passed the eariier portion of their married life in quietude. Later on, however, angd on the Ist of October, 1877, as Mre. Geery alloges, Der husvacd abandoned her and refused to support her, although, as she says, bo earned good wages as Bn express drivor. She brought suit against bim in the Court of Common Pleas for a limited divorce, ‘The defendant, who conducts his own case without legal assistance, denies that he, abandoned bis wife, but asserts on the contrary that through the influence of outsiae parties she @bandoped nim, and that bo ts willing pow to support and live with her, He also alleges that ne only recerves $1 29 « day tor hie work, adu then goes On to say that ne *respeoifully suomits that suid sum Ws not sum for the support of two domestic es- tablisoment: a capaci when the object is merely to Fst ity the w whines ol-eucalde parties, wnose ouly ov- band iuteres im the matter is the pleasure they ive from tomenting domestic discord and iuterier- td with vue private family wff.irs of other persous’? The case was gent to a releree, and Judge J. F. Daly peoardey: gave Judgment of separation in favor of the ph ‘a or with @ provisieu for the support of the Mary A. Larkin has brought a sult for limited ai- Yorce sgaives her basband, James C, Larkin. She Btates in ber affidavit that they were married in this Sity om March 5, 1853, and tout for several years ‘ | eee Das treated her in ns mander rendering it sife to live with’ bim. She charges him With frequently threatening to take her lite, ang that on one occasion she was suved irom Lis violence by the interference of a lady visitor, They have, she adds, five chiidron, the eidest being twenty and the youngest ten years old, and in hercomplaint asks thas ‘bey Le given to ber care, er basband having tor along Sime Jailed to contribute anything for tuviror ber aup- port. No answer baving been given to the complaint, Dr notice of appearance or demurrer, Judge Barrett ea jay ordered @ reterence to Mr, Artomas H. SLANDER SUIT. Edward M. Baxter was tormoriy a wealtby {uroi- , Bure dealer in Canal sireot, and until the late panic @id a thriving business. Last year, however, on ac- sount Of the depression of the times, be was obliged © suceumb, and accordingly fatloa for a large amount Bubscquentiy, as would appear from a statement made by bimself in- a suit brought by him against Howard M. Giles in the Superior Ooert, ‘Be rented the hoase in which he hved to a Holdridge, the rent to be exchanged for Dourd bimeelt Soon afer completea dispate Holdridge about the y which she claimed to ve him irom the prewisea, jon house by a policeman ry particular, and any: trom malice, bat ag a warning to ui on, Mr, jamio F. Russoli red pears for the pisintifl and ex-Judge Vurtis for the aereodaut. SUMMARY OF LAW OASES. A temporary injunction restraining Owen Geoghegan from giving periormances at the “Old Varicty Museum Hall” aotil paym terday made perm: Te the criminal brauch of the United States Cirount Dourt, delore Judge Bonediet, Micuaci Fiyun was yes- Jerday placed on trial and found gatity of ilies digi. Nog, in Forty-sevonth street, He was remandod for Deutence, The case of Saaac D. Otis, indicted for larceny and Peceiving stolen goods, in having in bw possession eurrency stolen irom the Canadian government, will be wed during the next term of the Court of Oyer and Teruwer, woich site this month, Robert Morser bas brought a je to ane ie torain pauperis. ibe Guse of (be cuiid Uracie Butler, whose mother te sortase to bave ber given her by b Dendw whe a eypiieation ou hew papers, Michael Walsh ple ty ia she Court of Gen. Orni Seavivns yenterday of snatening tue pocketbvoux, containing $8, Of Aunic C. Moore, ot the Bturcevant Hi Ho watd, 1 extonuation, that he wes driven to the act through want Juug sleeve imposes the mitigated penaity of o the Peniieutiary, James Ryon asks that his infant daughter, M Ryau, now iu tue eusvouy of him, Ho alleges that t Ot lived for sume time, d that she has been eonvicied of ia 1, udge y. stcbryt jeterday granveu awrit of Habeas curpus ia it by Christopher Carlisle aus lee Company, tried ve Larremore 1m the Court of Common Pieas, w brought to recover $6,000 dum: fais 10He Hon, Kudie Carisie, detendan\’s wauons, the jury diet tor $260 tor ine plarniif. live per cont was granted by the Court. Mr. Leicester P, Holme appeared for the pimtutifl and Messrs, Muc- ay aud Mudge for the deten ints, 1 Part 2 of the Court of General Sessions yoster- fy, Judge Gilder waby ink tetene dipand Bi ihe fi alleged, wilfully va wed the di ‘Ol Adame, The prisoner's Saas Mr. Wil J. Howe, moved that the over, penaing me decision in & motion previoasiy ‘mode pave the SHEET.’ NEW YORK! HERALD, FRIDAY, OCTOBER U, 1878~TRIPLE case removed to the Court of Oyer and Termiver. caew Leap granted the motion and the ac- pe. suit b bas ‘been brought by the Commercial Union Assurance Company, of London, against Daniel cor ison, surety of the bond of Alligh Brotners, ihe be of the plaiwuf. The amouut of the bond ef $10,000. ewer alleges a change in the frm of Ailign Brothers by the addition of George W. \oon- maker as party fier the bond was given, und it is claimed that this nullifies the bond, and motion to mnake cps answer more definite and certain was yes- peeteey? ery pat to be signa: ale iA 1,28 Pao bogus Wells & Co, on Florence ealanto, ot No, Pacife strest, Brookiyn, and the other for having obtsined froin Courtlaads Bt. Jobo, of No. 20 Codar 1, $262, the amount of s aonaane check on the Newark (N, J.) City Natioval se lip rn igh to meets beon signed by William rp Son, of Broad street. The prisoner pleaded guilty to oy indiotment and Judge Gtider- sloeve sentenced him to throe years and six months i ie’ aapasion Court, before Judge Spetr, thi n the Super fore Ju ir, there was commenged pomneser ‘Whe trial of a guilt brought by Bartholomew Bowcock agains: Tuomas L, Ball fea Churies E. Ray, partoers auder the Orm name of Ball & Ray, The deiendauts were tn jon of No, 52 Serest street, tho plubtff at the same time occupy- ing the floor directly underneath as a wareroom lor Manufacturing aod storing tbeatricel and millinery ornaments aud joweiry, ‘I'he plaintif charges that on the 9h of January, 1878, the defendants negligently allowed the water on their premi: overflow, thus destroying a great portion of bis goods, He accora- ingly broagbt this suit for $700 The answer sets up that the overflow was caused by the piaintin’s own vegligonce. Mr. James Hamilton appeared for ‘he plarntifl and Mr. D, M. Porcer for the detendants. A young man named Thomas MoLaren was yester- daygplaced on trial io Part 2 of the Court of General Bessious, before zedge Gtidersiceve, charged wih grana gn ‘was employed as a waiter in u Festauran! rept oy Andrew McKibbou, No, 12 Third avenue. 6 19th of June inst he leit nis employ- t, and s00n alter Mra, MeKivbon. discovered that he had obtained on a forged order a trupk of hers con- taining clothing amounting in valge to $150, which she nad entrusted to Airs. Jennie Emory, 01 Nu, 49 Third avenue, for sate keeping, The hearing of the case oc- cupied allday. 1o bis detence tue prisoner assertod that Mrs. Mckibven had told him to get tho trank and luke 1t to Hoboken, und thence to the railway station and send by express te ihe residence of her mother in Pennsylvaniv, He was deceived, however, by a Companion whom he hud engaged to assint in carry- ing tt, who told biw be nad sent it to its destination. When arrested unalbaum belonging to Mr. McKibben was found :u bis possession, Tue jary returned a ver- dict of guilty. Tue prisoner was. remanded for sen- tence, 7 , COURT CALENDARS—THIS DAY. Surkeus Kunee Csamanter, Held by Judge Bar in, il, at Mat 97, rater 130), 152, iy ee 225, 256, ar SUPREME CouRt—Guxseal Tanu—Held by Preside ox Aemalinces Ne Ing Judge Davisvand Juuges Bra» " a vi , 30, 31, 32, rye & 10, LL 16, 18, 124, ‘3 3, ba 98, 96, 81, 98.29, a. fire ras 45, 46, 50, 54, 60, 10, TL: 77, 83, v4, Br or oe 10h, oto tee 346, S803e, oh Surkexe CourtT—9PxciaL Pour by Jui ‘yl Vau Vorst.—Law and Ai ig Cap 682, 683, 703, 708, 710, 715, 716, Pte SUPREME Count—Cygourr—Vare 1 Be by Judge Donobue. Short: eausex—Nos, 3443, 2020, 8658, 3037, 8491, 8672, 8673, 3674, 3676, 8676, 3677, 3002, on 3077, 3978, 3964. 3054, 4011, 4048, 3189, 3838, asd, 3649, 8421, 3365, 4018, 3001, 3808. Part pe by Judye Lawrence.--3nort Uauses—Nos, 2029, 2663, 190, 3606, sor 928 44, 3371, 3687, 8272, 3638, 8535. 3911, Sous! 3917, 3916, "3962, 3665, 3001, 3956, 3829, 3988, 3846, 3070. Part 3—Held by Judge’ Vau Bruat—Now, 1826, 1818, 1820, 1893, 1934, 1937, 1935, 1938, 1939, por 1941, 1942, 1943,'1944,' 1946,” 104535, 1946, 1987, 11 3 Boa 188 1952, ees ae 1954, 1955, 1956, 1728%) ten SUPERIOR sited SEN Taam —Adjourned tor the term. Suprxeion Coukt—-Srxcia, ao ach by Judge PFreedmav.—lssues of taci—Nos, 42, 67, 80, data Se sie ais greene dt 1—Held by Judge Spetr,~-Nos, $1 Cy hy 588, 584, 94, 613, 615, 616, ta Eo OS, aBd, 7. 626, 627, 628, 629, 6) 64034. Park ela by ante ‘Sabtiee Rom fot ou, No, 438, Soar ve. Giles, No day calendar, Part Hele 1 Juige Levi arryt A oo is, 605, 607, 544, 103, 543, 553, 10, 28, 299, 378, oa, 300, 622, 101, 136, Common P- 9+2—GexBRaL rie gal eye Jor the term. Common Pieas—Srxciat Taru—Hold by Jadge J, F. Daly. Noe % 10, 11, 29, Piaget Puna Raut Turu—Held by Judge J. F. ly. —NO. Common PLeas—Taias Tenu—Purt 1—Held by Chief Justice U.P. Daly.—Now, 1814, esr 1609, 1448, 780, 731, 783, 734, 735, 736, 737, 738, 739, 740, 741. Part 2—Held by Jugge Lurremore,—Nox, 303, 701, 661, 616, 1530, 677, 817, 412, 413, 1609, 1622, 435. Maxine Couxt—tRiaL izuu—Part Ke saes - Judge, Sinnots,.—Short causes—Nos. 6060, 6033, 60) 4978, 4766, 6029, 6172, 4902, 6183, 4904, 4450, 6207, Bobet Purt 2—Held vy Judue ‘Sheriduy.—Snort causes— Nos. 8376, 4660, 5134, 5118, 5138, 6162, 5221, 6237, 5000, 6241, 6107, Part ralry by Chiet Jastice Alker,— Short causes—Nos, 6152, 5097, 6142, 4042, 5260, 6245, 8268, 5191, 5192 Count oF GexsRAL Sxagioxs—Held by Judge Suther- jand—Part L—Tbe Peopie va. Anton Gauseppe, tied nieuws nasauit and battery ; Same ve. Simon Geoghega: felomious asaauit and battery; Sume vs, Lours felonious assault aud battery; Same vs, Joseph Otter. verg, y; Same ve Jobu J. Koss and » grand larcevy; Same Va, Sarah Same va Catbarine McGiory, dis- 2—Held by Judge Gildersiceve,— Toe People ve. Kaward M: eo, James McGutness ane: Timothy Crotty, robbery; Seme,vs. Jobn Everett and Wiitiam Dorman, robvery ; Same vs. James Camp- bell, felonious assault and baitery; Same vs. Coris- topher Huck, folunious assaait ang Datiery ; 3 Same vs, Oscar Stampt, aesault acd yet Same vs, Hermaa Stera and May Bell, grand larceny; Same ve, James V. Metiugh, talse pretences. RIVAL AR(ISTS. They were rival artists. rilsts, One warbled plantation melodies; the other chanted Hibernian ditties tor the delectation of the piebaid denizens of Thompson and Sullivan streets, Nightly they appeared at a tree and easy in Bleecker street, but never in cen. cert, They were deadly toes. Yesterday they made their bow to justice in the Joflerson Market Police Court eo roepective roles of plaintiff and defendant, The former, in mel: ly brown, rested hiselbow on the Judge’s desk, bis head like a piece of coke with @ white spot on the leit side of it, The latver leaved ou the prisovers’ rail, p below, and bowed pe red bead apon bi Officer Scullion, told the Judge tha his thumb toward Pi “sta thot man iff) with w pluss, and I took bim in,” 1” said Judge Osterbourg to rh eguilly, Yer Mouor.”” ‘Any wituessos?”” “One; Edwards” “Kawards!” yelled MoSall, th ia “Hello!” grufily responded Edwards, tumbii of bis seat, mounting tho stand aad disclos: gaze ot the officers and their bDiear-eyed rgea a close Ma ou oe inte el erernpen and # oollar soy sheet this affair?” gaia the Fader, Sedge,” quoth the witness, sbifting irom one other and placing bis bend jaaowily on i Ps in de place wid about who could pull de beat for de house, was mad and calied Billy an iran— At teeitn’ dat bie rights was "iri ALL ABOUL POLITIUS, “What charge do you make against these two men, Muicahey ?’ asked Juage Duffy at the Tombs yeater- day. ‘hey baie me, Your Honor; but I can lick the both of ’em.”? ‘What was tl “Polities, Your pariy. Fox, Ho, “What Dave yor say, Burns ani rer’? “He pushed agit us, Yer Honor, aud we wouldnt etend i” “One hundred each to keep the peace. Clear out,” WHERE LOVE WAS NOT BLIND, Jono Miller ts wlishman employed at Reid & Barry's priot w Passaic City, N. J. He bad loved a young Woman io Ragland, and as s00n as ho had amassed a iiitle monoy he went to the old eoun- try and brought over bis sweetheart, Tue fair one arrived lest Saturday, aod all it well until Wednesday night, when the two were passing lovingly along Passaic street end chanced to eucounter one Felix Burgaine, who, it pprenrs, had known tho girl, Whose name is Mary loming, in tur ry, and bad come ove: the sume vossel with her, Felix had been keepti Muaty’s compuny if John’s absence, and Upon meet hit the gif! seemed su delighted that Joho been jousy. & lace a did not see: 0 at jest and Proposed to which the other assented T girl wae also woll plensed this, Sbo belu the = bats of her two lov crowd oul epcoul jed one then th other, serving LA ns gl valor. Those present med @ ri Pp ed ull interiereuce; ibe girt stood ale ry beaming With pleaser, The fight went Finally, atv maniy ight, ia whieh ve was punished, Felix give im. then ou. severely belped ‘ws other on with nis it, and took his arm and walked off, ips him the betior ol w elt ‘the better man,"? y pair wi married by tA o@ in proving that ‘iamt bears ne'er ETHIOPIAN ECCENTRICITIES. “They had s ball at the Metropolitan Hall last aight, Your Honor, and this bere bar was accused by the girl yonder of having beaten herand spaicbed ber pocketbook from her about three o'clock im the morning,” said an offieer yesterday to Ju: Otter- Dourg at Jefferson Market. “Oarric Bartell, is this true? Did that man hit you?” asked the Judge of the saffron hued damsel in dilapidated robes and with a suspicious protuberance on the bridge proboscis, “Onl deed deed it is, Jedge, that thar man "sulted me feariul!”” “How?” suggested the Court, “Oh, be bit me on denose! An’ stole my pocket- OUR COMPLAINT BOOK. [Noru.—Letters intended for this columa must be accompanied by the writer’s full name and address to insure attention. Compluinants who ure unwilling to comply with this rue simply waste time in writing, Write only om one side of the paper.—xa. HERALD. } NINTH AVENUE HOODLUMS. To raw Epitor oF Tus HeRaLD:— Ninth avenue? It is a cover for young thieves, who distarb the n every evenin, borhood with their weseny ar POST OFFICE BOX BENTH, To vam Kotor or rus Hemaip:— 1am glad to see the Post Office box-rent question taken hold of at inst, Ihave had s box ses 1863, but 1 tee! that I canvot give $16 = year any longer, Leok at the consequence of charging so much rent; they Dave bad to cioee up over two thousund boxes, whereas tt they pt ran $6 or $8 a year they might have bean all |: Ss. M. book! Deed he did! Deed he did!” “What have you to say, prisoner?’ quoth the Judge, “Well, sir,” anid the prisoner, who was a shadier migeger than bis acouser, ‘-Dere ‘ant no trufe in dis WHO 18 RESPONSIBLE? To tax Epitox ov tux Hxaap:— I wish so enter a complaint ageinst the Metro- Politan Railroad ior allowing she ticket agent at Frankliv street, on the west j@, 10 compel gentile. men to pay ten conte for from three to five minut alter five o'clock. This they did on October land 2, nd it Can be proved by quite a Dumber of witoesses, ‘ney either ought to instruct tne weKet seller to comply with the law, or ft be Violates 11 and Dis uction ts connived at by the railroad they should be indicted, hen turning to the auditorium he shouts, “Daniel K, Jackson come up yero right away.” Immediai irom the centre of one of the benches, & dozen of which were filled with rows of Diack a _—_ Shirt collars, a tall bimeelf and col ox ‘feet and three axe handies bigh and as biack as Feri Lactier’s riding voots, His principal character- were cuffs, collars and mouth. ba ‘Did you this row??? id, p-{ didi” eaid Daniel, witha flogers. WORSE THAN THE ELEVATED ROADS. To rum Kprrom op Tam HeRaty:— lam a resident io the vicinity of the ee aca esnee, Blevated Ratiroad and likewiso the St. Alpuon: Church, South Filth avenue, and I but express the opinions 6! maay ef my aeighbors wheo | affirm tnat the noise from the ated railroad is only a minor nuisance Compared with that arising irom the daiiy, and, | may ada, aimoss oigutly aud incessans riusiug er doing atde time, Your Hi wor sufficient varraniecs mepnes compas mentus condisbun,”’ o ” and lost no pocker- eb?’ suge the Court, Perlectiy obs reporarious, and my friend I ber pocketbook ” hon ined several witnesses trom ment which aro and dismissed tl should aot get WHO SIRUCK HIM? hat she en immediaio of this useless r tndader, whica even ake the meris of nes 4 BEVENTH WARD NUISANCE. To rus Enitom oy tas HuxaLp:— 1 desire call attention to the condition of the square ut Market, Monroe aad Hamilton atrecis, 1¢ ds almost completely bioeked up day and nights with ‘trucks und overflowing ash barre! and, al though the attention of the police hus been calleu” to 1, mo attempt bas been made to remedy it, Toss place seems to be a you- eral roudesvous tor trucks irom all whe majsaent territory, aud they have become & grievous nuisuuce to the respectable residents of the ceighburhood. The Miyor’s Marsaal bus veen appealed tv, bul io vain, and at jeaytt nothing ucems to be left but to ‘ resort to the wervives of the H#RALD to try and get rid Of the Anwoyance. 4 SEVENTH WARD RESIDENT. 4A DETECTIVE YOR THE CONTESTANTS IN THR VANDERBILT WILL Cas# ASSAULTED WITH STEEL KNUCKLES, Warner Benning, a detective employed by the con- testauts im the Vanderoilt will case, li it Bie resi. Gence ill from the effects ofa brutal assanit made Upon him on Monday night tast by some person un- known. A Hxnatp reporter him yesterday as bis house, No. 212 Weat Fiity-thira street, His bead ‘was swathed in bandages, and he complained of pain and deatness, After a little he became more easy and told the story of the assault as follows:— “Lt was on Monday night last, shortly before eight o’clovk. I had Jost left the cor, having come from down town, abd was within » fow doors of my house, when sudaealy I received a terrible blow on my head, It knocked me down oo i: kuees aud whilol was senseless, Tne next thing 1 romember was ths Leale dressing my wound. He Jound it turee long and quite deep. Ais opinion isthatit was by steel Knuckles. I bivd about three quart, Just dook as those ciotbes,” ‘The reporter glanced in the direction indicated, and saw a heap of clothivg, rated in several ciacee STATEN ISLAND ¥IBBY BATES. To tux Kpiton oF THR HERALD:— The pepulation of Stuteu Isiand is decreasing every year. 1610 at all sarprisiog if the bigh rates of jare ‘he companies exuct from the passengers are taken sMt0 gonsiderution? Ono the east side of the island with bloed. “Whom do you suspect as ant?” asked the reporter. ten 18 bot worth mentioning, “‘1’'ve got jon av to who he is, but 1am not end eight A, M. and tive rel vo Bame him ye,” answered jetective, jare ought net te be mer tg, the "But 1 will say tbs,” he contihued, ‘I um | same as ou the D. R. Martin just year aud ‘odkue New employed vy tue contestants tue Vander- | York Klovated Haliroad. Muny people would rema:o bill will case to hunt and 1 | 00 the isiaud all winter and, more Would move over importance to | there if it was not for the rate of ow it, @ad1t would | ture. It amounts to the year, Mr. Wiliam H. Vun- | woieh is of some cousequence to the pvor wan, me. Why, SIATEN ISLANDER, country,” sadaab ene patient. 1 would not have beueved there could have been such a conspiracy it 1 didu’t actually know tt. Witn regara to this dastardly Assault chore 1s n0 doubt bat the hired assassin aimed for my temple od Meant to killme, There is tobe a e' A DANGEROUS LOCALITY, To tus Epitoz oF THK HERALD:— 1 am (Ne owner ef property in Gouverneur street, and oighily the gangs which cougregate about my premises and: ine vieinity not only makemight hideous wito their drunken orgies, but render it eXceedingiy Unsafe for pedestrians to pasa after certain Lours, Qu Sunday evening, or rather Moudsy morniog, I was revarning from my business, when 1 nuticed a gang of roughs tuduiging im all Rinds of drunken rev- eiries 1m she lower portion of the streei. 1 saw em officer pass the crowd and pro- coed to Kast Pog gp as - thought, lor essistance, Suddenly 1 missed bim, and then re- traced my Steps to find tne crowd’ stall dingering were, 1 ueard « threat made by on ine guug that they would lay out we firs: offic jab put iu go uppesrauce. Fuaring tuat thoy might suspect me jor an vilicer 1 waited uutil they Dad dispersed, wheu Lretaroed to my Lome. I have noticed thai pulice- med seidom patrol this locality, Taney can, nuwever, be sven in the vicinity conversing With temaies. in Justice tv the respockanle Fesweuts of suis ony and toeir property, 1 Toquest the HkkaLp to “show up! this wrong aud therevy conier au everlasting bieseing upon 7 KSIDENTS. physician tbinks be as rignt again, BRULALLY ASSAULTED. An old woman stood in the Joflersen Market Police Court yesterday trying to obtain protection d@resa. Her hasbend, Charles Mc@ratn, came the other night ja bad bumor, ang, finding her in bed, beat her uomercilully, she said, and compeiied her to go aod liedown ‘Wacant room. While there was ry asssuited in the most bratal manner, she al- leged, and as soen as she could flea from Dome, at No, $14 Hudson street, to that of at No. 62 Loroy wtreet. The poor old creat dition atiested the truth, and ber husband was com. musted for trial at the Special Sessions, AND 80 YOUNG. 4 cnild eleven years old stood before Jadge Duffy the Tombs, yesterday, to answer to a charge of HOTEL CHALGES, To rae Eorroz oy tax Henaip;— 1 am one oj a numberof Australian and New ‘Lealaud cotonists who travelied by the August mall Steamer irom Australia tor Europe, via San Fran- cisco and across the United Siates, and am gladto bave bad tbe opportunity of seeing something of your fine eountry aad intelligent and courte- ous peopia 1 am sure many of my telow passengers like myself will recommend this route to their iriends either ta going to of revuruing trom Kurope. ihe expense is perbaps less than vis Suez, aud tnere is much more of interest to be seen Jearoed. ut shore ts one thing bring to your notice, and li you dee! importance « remark irom you mi, jotels are douvtiess well m: ”* asked the Court, T lives at 111 South street, ‘Twas Tommy Kane cone it, sir, I dido’s,” Margaret Bornis, of No. 74 Oliver street, éver, that Jonuny bau reached a window yostorday morning by standing on the sho Another jaa whom she believed to be Tuomas Kane, He pried open a window, entered tho house and sto there:rom a valise contuining ciotbing val at $15, The boy burglar was hela ia bail to answer, A BABY THIEF, They pos the little creature on the witness stand that they mignt be able to see bim. The Cours could Dot catch a glimpse of even the top of his head when he stood on the floor, he was so mucn lower than the Judicial desk. He was sheck beaded, bare footed and six years old. ndered wildiy about officer's face, blue coat ing, 2 if iaseinatea by ‘e's epectacies, ly was cag: aging rooms the daily charg my 80u, DUL When settling my acou' Tia wdaicn the guvted am Very iotu to bi to add bbis last testare to woat ls Otnerwise a Very lavorabie impression, AN AUSTRALIAN, BAPID TRANSIT MISMANAGEMENT, To tax Kviron or ras AgRaty:— ‘The many recent denunciations of the mhnppeniens, of the elevated raiiroads through your almost inuie- poneable “Complaint Book”’ have, to a certain extent, brought about some reformation on one line— via, the Metropolitan Kievated Ratiroad. The public bave become Impatiens in regard to the many prom- fees made by the New York Kievated Raliroaa Com. pany. While the Metropolitan Elevated Railroad deavors to afford as much comiort to the tr Dor two duys ago he stole & mary? No; be say gto ine mite’s replies. jove of thieving, and ior “gt reasov.’’ Soemes that this boy's parents’ can’t keep forgo our ajd,’? jarked the eading to prison « poor woman's cry raog uirecgn the vuil ‘and the child’s mother leit the court broken ear NOT A FORGER, In the latter part ef April, 1876, Charies C, Orcutt, a wine merchant living in New Kochelle, who then did basiness at No. 18 Vesey street, had several notes amounting to $3,430 indorsea by bh ith the name ot bis tatner-in-law, Aiveb Clark. They were dis counted by K. B. Wesley, of No. 40 Broad street, and woot wo protest. Wesley bad Orcatt indicted for forgery, elaiming that he had forged Ciark’s name on the netos, abd Oreuts was valied. Hie counsel the cars of “i ae the door pasaleg patrons, 1 was accustomed to take ihe iaiter roud in,going home trom my business, getting on at the Warren strees station; but the utter diagust o: seeing train alter train without eves slacking peou, should one pen te stop, to bave the showed Diati Atioruey Phetps that it was impos- rt hand Fatiroad, al- 0 bi been deceived in the signa- \- having sean ben ‘alee th though compel to walk, & Goouderabl y greater dis. Rs. SMITH INDICTED, The Grand Jury ot Hudeom County yesterday pre- sented in court a baten of thirty-eight i Mre Jenny R, thet it was wext teen ju possibility to are of this 3 granted this Pnouid sink Yep ugha te ‘pone ano! grey SQMNAMBULISM EXTRAORDINARY. A BOX GTEPS OFF A MOVING EXPRESS TRAIN AMD BOCAPES INJURY. . {From the Miiwaekee Wisconsin, Ost. 7.) A remarkable incident Ocourred during the run of the express train over the Onicago, Milwaukee and St. Paul Rails dae bere irom Chicago at twelve o’ctocs Inst night. Among the passengers was a inay named Dizon, with a family of eight cbilaren, seven boys and ume girl, the eldest of the tormer being foar. veo years. As the train sped toward Milwankee the children one by one dropped asicep. The train passed Lake Station and was fying over the rails at the rate of tully thirty miles a: when the mother missed ber eidest boy and caught & giinpse 61 his sievder ne 1 passed through and out upoe the platiorm, urried | aller him, bat beiore paid piatiorm he Was gone reppee be the cart and plonged abyss of darknes® that euro she train and ite surroundings, The poor woman became irantio with griet w he realized that her idolized so tho oldest 01 her interesting flock, bad encounte 4 daoger trom whieh th nee of ou trum cer tain death Was perhaps bat one ot one bundred, ‘The remain: 1 the oar were also terror who bave infested the Preakess Routtains, Passaic county, N. J., for some weeks. pact, bave been captured. On Wednesday t five of them were foaid snugly stowed away in a barn & tow milus weet of Paterson, The farmer whe owned tne premises, Rubert Martin, went out ‘be ie oe sarted wi them tol Paterson A oped On wwe iu road, they were as: Milompt at 4 rescue iden that the fa mere Were wore they it Oly Heid their prise rH, yj kad they Wore ail commision youter- bat, rally io) ook two mm Gas ior She seene of na tine : aha spa oa Suit ae sscan bi a cident, the time this eould be accomplished, however, Milwaukee was so close at band that the conductor concluded to make the depet and senda Durty of yard men to search the track for the lad. ASGWiteb engino was accordingiy despatched, which proceeded as lar as Lake stution, where the youth Was fowud wandering about upon the piatioruy 10 4 State of bewilderment, rubbing his eyes amd temog Of bis shoulder and head, which bad sustamed slight scratches ‘and bruises. Fe ro these not . the slightest injury sou Giscovered, The could give no accor He kuew only that he fallen jo the car with bis brethers nd sister and was awakened by the shock Qf siriking the eartn upon bis shoulders, The violence of the eoncussion anand him to roll over and over down the siignt emoank- ‘ment of the road bed, aud by the time he could t eallect bis scattered senees aud regain bis feet ihe train was out olsigut. Not knowing old way to proceed, he pengens along the track ut random, andsoou reached the piatforin of Lake station, where "be bad eonclaaca to remain uutu daybreak, wuen the rescuing party game up. The joy of the mother on fluding her boy safe and sound cau better be imagiued tban de- scribed. He had passed through u terribie ordeal ia a sompembulistic siate,und escaped without a sprain or fracture, and no discomfort beyond that occagiwned by & lew scratches und bruises. Mrs. Dizon is en route from Montreal to Mavitova, in the British posses- Bious, where her busvand 1s at present engaged as 8 contractor, She remained in the city until emis after- boon, when the journey tothe new Lome in the far Northwest was resumeu. The story of the wonderlul escape spread like wild fire on the south side, and ree auited tn making the mother and her tally objects of nierest during thoir stay. REAL ESTATE. The following sales were made on the Real Estate Exchange Octuber 10:— BY BLEECKER AND SON, J. Hampden Doayners im, plot of land 125% 10s 3x1 u0z200 & New Gls to Gs Huat 16theb, ues, running throug to 1b 338 it, w. of ay. C.} to plainti BY William A, Boyd, rei reolusure sale of the three story end ope story rame tector: ELTS.S. Ke 126 Wet as 400. v.; to pluineiiy, William V. 14 fy D SMYTH, abov. lao». prot of land 12,0221,6. in contre ot ‘block, Detwoen Gist und Old star S000 tec of 2d aveh to plaintifl Total OFFICIAL BEAL ESTATE TRANSFERS. ‘The followjug 18a statement showing the real estate transactions recorded in the Regrster’ oth Ayw, a. 2411 fi a of 194eh st, 1O0xI00.10; 8. Steven to Jumios W. Bell. Pir 200 ft. w. of St av 60x88. W, Boll and wile to Thomas \. Asking, 11h a. thw. of iti av. 16x10011 0 William H. Hoffman. 1d av,, GUxlaxivretlat; William Venviil.. anes eee: 12ud ot w. of uv. A, S0x100; Brastus Braiverd ana wite to Joun NoRensie and orberes 4.350 A2ub ae., ww Bot of 2d av.. M. Ward'wud Wiihelusiue Wi 8,000 22u of 2d wv., 25m: 9,000 ‘Lange und wite toGvorge Zimmer - 224 me property; Georgy Zimmor to Frede! Mnbeh hes aes 146 fi el” of “tava. B5RI00. tis Gatharine Cushing and hustund to' Thom: Bais, Emily M.; to Kdward V. und Charles K, Loe @. & of Ould st., wi of Ath wv.) 2 yours... Jamun W.. to Morgan J. U'Brien, ye: if “08 Pavtick, to David U Selah wz of 1b av, to! Livenstde of Riverside nd oath, a ad sof Bloomingdale roud, Same to exme, n. ¢, corner of S2u st. and Riverside 0 83d md bso 'n. ©, Corner ot Riverside fd ochera, tothe Mutual’ Lita tne ‘7m av; 1 Mary Js, rie 3 wa: My Honmer, Louts surance Uompauy, No. Thompson, Robert Bana wile, to sell nad another ‘ae rT mon, Seni wile, to Mury Bally aa 1 T4Sd wt., 6. Of siomunder ave; 3 YCREE secersences 1,800 win ASSIGNMENTS OF MORTGAGES. Bowers, » ro to Uyprian Gousse! ‘Cameron, Adam, ‘to Edward F. Wi Frits, Johu, to Charles Dinyes Hutter, Ww William, to Lydia 4.950 Jouu 5, and another (executors, &e., Wyeua te Ward and nother (trustees, £C.)... ssce ag THE WOOD WILL CONTEST, ‘The old contest over the will ofthe late Samuel ‘Wood, whose codicils bequoathing his property for the formation of vartous pablic institations have been beretolore published, bas at last culminated in a Poaceabie settlement of the questions at issue. It will be remembered that Mr. Wood in nis will lefta large amount of money and property to be appropri- ated towara the erection ‘of a bospital in shis ony, tobe culled the “Wood Hospital.” Subsequently Mr. Wood executed a codicil in which be rudically changed bis original purpose, and bequeathed the same property for tho building of » college of musie In the Surre. gace’s Court yesterday the several counsel ior Mesera, A. L. Simonson and Martin Wood, the executors of Samael Woed, who coutest the couici! to ihe be gmt will, made a tormul annouacement to Sari ioe sats “AG, PRIVA’ ‘Tuesday ani Friday 15, For suber infor fom send ive elteulon A —CAKTISK'S daa th round dnaces a UNION nh waren aT ppb ‘ruis doar. nA 10 Grokock, RO. 72 Mise “re Oa TWEEN ‘AVS. uguenen contains. THREE PIANO! OUR ROUND STEINWA fivovoute AGNIFICENT UPRIG: SO GKAND DOTAVE ‘ roa! BREE SRE ace ane Ee THE ALPS by CONE i , ar 1 a Bod Yaad ‘ane OOM PCANCTURD over ofored Ps eter “ cilen PAULO SUIT ‘COVERED IN SATIN, BILE A: o al brary und Secretaire Dacre epee choice Books, Library ‘Padles. clecunt Turkish Suis (7 ame a BEDROOM FURNIT A fen sate NG ‘Two &xtension Sideboard, Chairs in jeathe . llverware, elaner bet, Cath u 1) Stand: ivet and brussels Carpets. LE caren airees care, take we uptown line cars or stages t babe gh pa yc pe ee av. lousrs. J. Ly TA w SALE. THIS DA A pia RDER OF EXECUTOR. THIS ) MORNING, commencing at 10 e contents of “che private residence RE en 6th and 7th a SATIN PARLUE "Suir, wOwEW OOD, D Pra anoroet™. FING COLLECTION OF BRONE ke AND EAINTINGS, CHAMBEK, KARY AND DINING PURNIT! Hanusome Bastlake Suit tn, eat A RARE nance’ FOR THOS! Punts ft COUNTRY RESIDENCE Parlors—Elognnt 73 octave Pianpforte, two aca Parlor Suite, iniaid frames, covered in expensive sntia: 'y Uabinot Etagore, wish French plate Besase , Figucee and sess ryelvr urbe” ex OT ate: Washstands, Wardrobes, Chale, ockers, Spring Bois, caved bate Matte s4ot, Pillows. eom: Hiove Suite ia fope and huirelost, Lounges, Pictures, ravings, Carpets, Clocks, &c, Liveary and Disiny Koom ~Tarkish Sets, in taportry ad raw silk; Seeresaire. and Library Bookcases, Desks, Library Tables, Books two hxteomion Tavics, one a pillar, pith patent sides: 24 Diving Ohnire, carve: nnd inlaid} Buffet, Miver and Plated Ware, Cutle ‘Two hand Wome Hat stands, Stale Carpite nod other robd and woll preserved Household Furniture. a ALBEGT KKABME! —Goods packed i od und shipped julivery guaranteed. ‘ain of shit ieee Buy othor line to 131 West 1400 at. —A.—GUN SALA, 2 BAKKER & Gon at rs 49 nmin st.. will soll this day, FRIDAY, October 11, commencing at 12 o'clock, the balunce of fine Breech aud Maxsle Loading Guns, tiow on exhibition. Teageeded W. KEELER, AUCTIONSER, Salesroom 55 Liberty st. ” On Friday (to-day) wad Saturday. at 12 o'clock, dy order of J. Bowne, lurge uureserted ssle of RIPLE SILVER PLATED WARB AND FINES ROGERS TABLE CUTLERY. The consignment consisie of over 600 lots of the finest and best goods manufactured, bearing the maker's vame and fully warranted. Hotel Keepers and others take Hotive. o'clock, 1 Severe oITy Auctioneer, yequired At 2 o'clock, continuation sale ELEGANT Ait GOODS "IN MARBLE. Monstay and Tuesday, October ber 14 and 15, at 12 o'clock, ERHGY “SALE “OF HOUSEHOLD RUWNI TUNE PATER BOWE, AUCTIONEER, sella THIB DAY, at 11 o'clook, at the at, and University place, the en- house from storage ware- 1d Chamber —, refine attressus, Wasbstands, Extension Tub es. Claire. cottage juits, rosewood Pianos, murbie top Sideboards, Brussels ‘and tigrain Carpets, Kitchen Utensils, Stov OLD POST OPFICE RALESROOM: Neasou, ( Codar ang Liberty sts. “Richter tate i The den Fr. ap 5 Auctionser, +m RIDAY), AT 11 A, OM. nt Househola Furnit: idence fox ae Le ‘close a very little use eloxant Parlor 8 order, 1a Drocatelie, aw silk, &¢ ; tine C Suite, Hxtonsion Tables: de; VELVET and INGRALN CARPETS, dandsome Carcains, super Stueboard, 109 Ch LARGE LOT FINE RK MATTRESS E: On Saturday, at 12, great Dog aale of the cel Rew WINDSOR KENNEL.” =TUNis JOHNSON, AUCTIONBER, A, old etatid 37 Nasanu st. TO-MORROW aTCRDAY at our salesroom, 3 AT 104% O'CLOC Nassau st., SUPERIOR CLASS OF ~“HOUSEUOLD FURNITURE BeLONGING TO A FRENCH FAMILY. TWO BUHL CABINETS AND 2 TABLES TO MATOH, 2 carved evony hall Chairs, 2 superb Clocks to mateb the anes Cubinet Cureel Lamps, together with other end Ornaments. Elegant rosewood Pint Blegant, Bhoton phic ‘Piano. Full pectloatar morrow. (A CERES BOWS, AUCTIONEBR, sells BATORDAY, at at ll 'cleck, at No, 187 GREENE 8T., ¢ Furniture ot the avove resident consisting e Parlor watts, ings, black walnut Dress, Bu at Bu dsteads, hal ot. Kxteusion "Tables, “ohhtens Grockery, a Urenaie’ aa NUSSBAUM, Cy ‘by Worcester. ora, complet se; aleo 3 DA u consisting of Bar and netfee 2,000 Chairs, Tabies,” Cigar Gonce, ay ornamental Lamps sud , Hanger, Btov. ry Glassware, Crockery, Scenery, Drop, Curtalu ues, LAquors, Ula: iso Horse and Buxy rare talking Parrot, wil verve positively, ta lots, Jyow ann somunck, avorionsae” ~~ POSITIVE CLOSING SALE ELEGANT CABINET FURNITURE, THIS DAY, AT 11 O'OLOUK. AT 10 MAIDEN LANE. £0, A LEAVITT & 00... AUCTIONBERS. M18 rare?) AFTERNOON, @t 2:30 o'clock, ° Hall, Astor piace: siso SATU URDAY. Re CURIO® FROM JAPAN. CHINA CORE. RARK AND VALUABLE SLD ORCE PANO RION AND OLD IMARI WAKES, IVORIES JADE, BC., &0. xow on. ERUEB TION, “COnuHOTED ATA host or MORK THAN $90.00. A SUPERB COLLECTION, 1N THE FINEST, POSSIBLE UONDIMON: TU BB sO BY AUCTION MONDAY AND FOLLOWING BVBN- ING AT 7:30 O'CLOCK. B. HERTS & SON, AUCTIONEERS. TRAVE SALE UF JAPANESE GOODS, ON FRIDAY, OCTOBER 11, AT 10% O'CLOCK, AT THE SALESKOOMS 12 WASHINGTON PLACE, moot of J and Chin Vaus, Uavl- 11] be sold eid etauasmen bestia wep: 4 others, Gvods now on e8- HTotiion until dace of tule, FA. ® BeBte 2 son, avctionuERs, ART SALRSROOMH, 35 85 UNION 8QUARB. TURKISH AND PERSIAN RUGS, CARPETS, ‘RICH EMBROIDERIKS, WORKS OF ART, &0,, THE COLLECTION UF THE CELEBRATED PEILKVAN HASSAN BEY OF KONA, NOW ON FRER EXUIBITION AT THB BERTS ART ROOMS, 2 UNION SQUARR, Sante eh ane EON PEAR | gate e - TU: AY, , Goz0ame Baty Aam w BEA 17, ING AT 2 O'c Partie tes opp wmnotng, 13 é ‘Sboce Mag wae BARY WERTESENO. AUCTIONEER, wania 30 Pancy ere, Tou, Uolloe, Bavdine yy are (Ath av. side). All Hama! er. Use feed In om rivate Fixtures, leebo: Aas ANDI ees Daxaixa, HY paces. % WALLERAPE aAUSTIONERE, SLES 10 Kast 14th st Classes forming; private o’eluck, 144 Bast jay, ologant Fixtures of Coffee ssons any hi Baloon, ia | Aes eee oe OE | LOE cee, ore guler. . i : agun, Harnoee, bay oF Grocery, positively ie tote % TERDOWS ACADERT. BuUADWAY AND 33D AMSH ALS GALE 8 HERMAN, AUCTIONS! t.—Lessons every 4: Soltee Friday will sell this RAPID, BLEGANT HANDWRITIN' TER TO 4, "Ou istba. : OuivEn i. ITH. BOowrY Hors EVERY Sx ra ‘mm |. Thekots, admit gentle. man and {edies, 0c. t private boxes, 61. Peerannos DANCING AUADEMY, SOTH Gs 3D av, (bank building).—Reeootions be lances now forming. For circulars address 675 Lexington av. Peivase tgosons any hoes, wnstinnhermasien FINE aor ps arion Landelle, of Pacts at Le ot Hower, ieee, — ae a A) AB a ANO, oo ies =z ings, by en bert cas SATIN nla elawh genes sents om eae eee Mierors, cated out ror Or Onan 4 tas a ircore, ‘ab Bed Li nt mind nf 4 weer Glas and epee! ac 4 i rie (ride ‘Oen wes Sty a os ober 11, ve Maret arvin Safes, comblaation lock; twe von LOUIS LEVY. One, ORTGAGs. Maan a ry Preity at Of Cy Private: ure and Fixtares “ ‘Suseer Tae tie Satooas” ‘alsh, Attorney tor rasa ar Rigo, Pry. 4 seen) +e, En oy Bn) verge Poly, 095 Coure at" sae ~ ’ WHBROKER'S os cl it SALB THIS por, be at Chas eve eee FIBLD, BRA bore oni an sit ears | ~* ik eather A sean. jake i , BERMAN, AUCTIONEER THIS DaY Riad). Tat Wigettioes, Een enaks ot ir aed iY pele =,