The New York Herald Newspaper, November 12, 1878, Page 8

g THE COURTS. Interpreting the Will of an Ameri- can Born Countess. iliac THE EXCISE Defective Execution of Mortgage Assignments. CASE a In the year 1871 Elberta P. Jones, daughter of Elbert P. Jones, of this city, then deceased, was married to Count Michael Dzieduszycke, a native of Austria, domiciled in Italy. Previous to such marriage a set- tlement had been made in relation to a large estate to which Miss Jones was entitled under her father’s will. By this it was provided that the trustee should apply the income of the property to the support of the Dountess after as well as before marriage; that at-her request the trastee might give her absolutely $12,000 Alter she had attained the age of twenty-one years, aud after her death to pay and trausfer to whomsoever she might name in her will, if she left heirs surviving, all the princtpal of her estate. She died in Florence, iwly, in 1875, leaving one infant son and @ will, whereby, after giving few specific ries, she gave all her property to her husband, Under this will an executor was appointed in Italy and also oue in New York, where the greater portion of the property was located, 3 Merritt Trimble, the executor of the 1 brought suit in the Supreme Court to have an interpretation of the will, and also for in- ns by the Court as to his duty in the premises. Judge Van Vorst, before whom the case was heard in Special Term, rendered a decision yesterday. He holds that both by the law of Anstria, of which the surviving husband was a subject, and the law of Italy, where he was domiciled, he could not take devise of theentire property to the exclusion of the child, who was entitled to one-half. For this child a guardian has been appointed in Italy, in addition to the appointment of Mr. Trimble as such here, and on the question as to which guardian shall control that portion of the infant’s property located here, the Judge holds it to be proper, there being no question as to safety or efficiency, that ‘the guardian living in the country where the child is domiciled should have con- trol of it. To this end he directs that the real estate of the infant be converted into cash and transmitted © Italy, after an accounting for which the Court has ordered a reference. THE EXCISE SUITS. Judge Donohue, of the Supreme Court, yesterday filed the deeree in the suit of George W. Morton and Jacob W. Patterson, Jz., ageinst Owen Murphy, the absconding member of the Excise Board, and others, ind in the suit of John McGrath and others against Morton and others. In the two suits there are 1,563 tendants, the sume being the men who deposited noney with the Excise Board, or rather with Murphy, 1s secarity for Excise licenses which they were about so take ont. Judge Donohue confirms the refered’ report requiring the @bsent Murphy to make di tovery of all moneys received by him. Tho decree also removes Mr. Murphy from his office and allows Messrs. Morton and Patterson. his for: apsociates, to resign, and on their resignation relieves them from all liability. The decree also acquits Mesers. Patter- son and Morton of any collusion, and decid that they are not responsible for the acta of Murph, It also relieves the city of all responsibility to deposi- tors. It further decides that the German Exchange Bank is not liable for $49,000 drawn out by Murphy nor the Pacific Bank for $10,000 likewike drawn out. As for the balance, amounting to about $65,000, re- maining in the hands o° the Commissioners, it is held that all depositors, with certain exceptions named, stand equally and must take pro rata. As to 107 who did not use their receipts as licenses and made their demands promptly, they are entitled to be paid at once. By the decree D. Sanford Potter is appointed receiver of the $65,000 on giving proper security. IMPORTANT MORTGAGE DECISION. In the suit of Thomas A. Granger against Samuel Archer a judgment was entered in the Marife Court, yesterday, which will interest parties bolding as- signed mortgages, as to the question of validity. Mr. Archer purchased some property from the Building and Improvement Association, of Hudson county, piving in part payment his bond for $600, se- sured by mortgage on the property. The com- pany assigned this bond to Jobn G. Trus’ whose vame was attached to the assignwe: as subseribing witness. From Trusdell the bond passed through various hands until it reached Gran- ger’s, who brought suit against the maker to recover the amount. The latter, through his counsel, Mesers. Browne & Rabe, interposed # general denial, ch tan the exception on the trial that proof of execution of the assignment by Trusdeil, who was at the same -| time the assignee, was insnfiicient. Judge p held shat the identity of name wae prin facie ev. ee of identity of person, and Trusdell, being a party in in- terest, wae disqualified aa @ subscribing witness, Other objections were taken on the part of defendant, which were also sustained, but on this, as the princi- pal ground, the Judge dismissed the complaint, with cuts. THE STATEN ISLAND HORROR. ‘An application was made in Supreme Court, Cham- bers, yesterday by Mr. William F. Howe, counsel for Edward Reinhardt, for writs of habeas corpus and certiorari on his behalf. It will be remembered that the prisoner is under indietment for murder in the first degree in having killed Annie Degnan, the alleged victim of an outrage, whose corpse was found in a barrel in # decomposed state at Silver Lake, Staten Istand. Mr. Howe claimed that the prisoner was en- titled to bail according to the constitution and prece- dent, as it was not the purpose of the prosecn- tion to put him on trial until next Ma; Lhe reasons urged for this action were—tirst, that there was no positive proof that the body found in the barrel was that of Annie Degnan; on the con- trary, there had been two prior distinct identifica ons that the body was that of other females. See- , there was no proof that the body which was found was the corpse of a murdered person. Third, event any evidence to connect Kein- “lor its contents. Mr. Howe cited the Bulings case and the Bill Poole-Morrissey-Baker tragedy as prevedents to justify the present applica- t Judge Lawrence granted the writs and made them returnable at the Special Term to be held in Brooklyn to-wworrew morning, af ten o'clock. FLORTDA RAILROAD BONDS. A suit involving large railroad interests and to which Mr. Collinson, of England, and Hopkins & Co. and others are parties has been submitted to Judge Van Brunt, in Supreme Court, Special Term, for ad- fudication. The matter came before the court on an application by Mr. D. P. Holland, as counsel for Mr. Thomas B, Coddington, one of the defendants, to @e ailowed ajudgnieut against the Jacksonville, Pensa- cola and Mobile Raflroad also }— Company of Florida: * party defendant for 357,000 claimed an inuebtedness due him by the coapany. suit was brought originally in 1871 by Colliuson, is a London banker, to enforve against various ‘owl companies in this country his interests as porchaser ot railroad bonds of the State of Florida, amounting to $4,000,000. During its pendency threo cros# actions between the parties thereto and involv- ing the same subject matter have been litigated in Eugland, and on the decree in one of these suite Mr. Coddington’s present motion is based. The motion was opposed by Mr. Joseph Larocqne, as counsel on = part of plamtitt, and Judge Van brunt reserved decision. A FATAL TELEGRAPH POLE. On the 3d of August, 1876, @ rotten telegraph pole tell ot the corner of Suffolk and Grand streets, killing one woman and injuring others, Among the latter waea licte girl named Lea Frediger, who hepfriends claim sustained permanent injuries, for which she brought euit by her guardian against the city. The case was tried before Judge Donohue and a jury in the Supreme Court yesterday, Mr. Richard O'Gor- man aud D. ©. Trull representing the plaintiff, and Avsistaut Corporation Counsel Miller the cit: Ve result wae # verdict in favor of plaintiff for § The trial of a similur suit growing out of th secident followed in the same court. ‘The vi this instance, Mrs. Ann MeGuire, was killed, and ber husband, J.C. AeGuire, brought suit to recover the statutory limit of damages, $5,000. The jury gave o verdict in favor of the piaintify for $4,000. * SUMMARY OF LAW CASES. Tn the divorce suit of Robert Cushing against Cath- ine Cushing, Judge Van Brant, in Supreme Court, Special Term, yesterday rendored # decision refasing jo confirm the report of ® referee, which waa based op the unsupported testimony of two detectives. suit of James EK. Manson, formerly official pher of the Surrogate’s Conrt, and now of Superior Court, to recover balance of salary, Judge Van Vorst, im Spécial Term of the Supreme Court, yesterday, rendered a decision in favor of the plaintét. He holds that the amount of court fees ix not the iimit of a stenographer’s salary. There was coramenced in the Supreme Court, be- fore Judge Donohue dnd «jury, yesterday, the trial of asuit brought by ex-Alderman Thomes Coman to recover $0,000 trom Peter Kwe and Eliza Riee, execu- torfand conentrix of the lute Judge i Coman c loaned this sum to the late Judge, retained unpwd at the time of hie death, ilante, on their side, deny that anything y the deceased to the Alderman, and assert atter wnitted ae much, Lhe case isstill on. jet Attorney entered a noile prosequi in | the ren NEW YORK HERALD, TUESDAY, NOVEMBER 12, 1878—TRIPLE SHEET. the case of John and James Lounsberry, owners of iering bulk Algonquin, at the foot of West y-ninth street, who were indicted some months ayo tor maintaining # nuisance. Dr, Willard Parker certified that at present no nuisance exists in the lo- cality patent Ms, Die Pammeeie = obtained from hao Donohue, preme Court, Chambers, a perem!| mandamus compelling the of Public Health to register the birth his daughter, Eva, which took place December 10, 1857, and his son, Dion George, which took on the 23d of May, 1559, Dr. Gunning Bedfor been accoucheur. Mr. Boncicault states in his ition that the registry book was irregularly kept. Levi Parsons brought a suit in Li oem Spe- cial Term, against the Missonrl, and Texas Railroad Company to have a decree of the Court de- claring him entitled to act as @ director and to take part in the p: of the company as such. He ulso asked that the t directors be restrained from acting as such in this State, The matter came up before Judge Van Brunt yesterday, when argu- ment was heard on demurrerto the complaint, chiefly on the question of jurisdiction. The Judge sustained the demurrer, holding that the courts of this State could not go into another to determine the validity of an election of officers of a corporation in that State. Francis Kernan was committed by Police Justice Wandell to the care of the Commissioners of Charities and Correction for having abandoned his wife and left her without adequate means of support. Mr. b sie salt nen prisoner and pranks his corpus in bel ol e ner appli or Stecharne, claiming that the record of conviction on which Kernan was detained omitted the signature of the Judge who made the order of commitment, Judge Lawrence coincided with this view and or- dered the ccanes oF the prisoner, ‘The question whether the Judges assigned from the Superior Court and Court of Common Pleas to hold special terms and circuits of the Supreme Court have power to hold chambers and grant orders of arrest in the Supreme Court, which was argued at the October term by Mr. Theo. Sutro in favor of such power and Mr. J, O, Fay opposed, has ‘been affirmed by the Gen- eral Term on a review by certiorari of a ion of dudge Donohue sustaining an order of arrest granted last August by Judge Van Brunt against J, Edward Ireland. The judges of the General Term hold that a judge of the Court of Common Pleas—(in this case Judge Van Brunt)—isa county judge within the mean- ing of that term as used in section 556 of the Code of Civil Procedure, They think that the question is sub- stantially disposed of bythe Court of Appeals in the matter of Morgan (66 New York, 629). y affirm the decision of Judge Donohue and quash the writ of cer- tiorari, with costs. Richard Cabill, who was committed and held to bail in the Court of Special Sessions on a charge of ting: bills on the posts of the Metropolitan Elevated Rail- road, obtained from Judge Lawrence yesterday a writ of habeas corpus and certiorari to have the matter reviewed at General Term. ‘The principal question in dispute is as to whether the Metropolitan Elevated Raiiroad is » natural structure within the meaning of the statute, Charles W. Pontez, policy clerk in the New York Life Insurance Company. who was charged with com- plicity in the $64,000 forgery on the Union Trust Com- pany, was Yesterday before Judge Suther- in Part 1 of the Court of General Sessions on a new indictment for forgery based on the original complaint. The accused, through his counsel, Mr. Thomas V. Cator aud Mr, Irving Walsh, pleaded not guilty. He was afterward released on $10,000 bail, samuel L, Sudlow, of the* Star Fire Insurance Com- pany, residing on West Side avenue, between Listh and 119th streets, and Mrs. Emeline Ayling, of No. 314 East Fourteenth street, becoming his sureties. Judge Sutherland issued an order yesterday con- firming the warrant of @ police justice giving to the Commissioners of Charities and Correction power to take possession of $1,550 deposited in the Bowery and Bleecker street savings banks by a French confectioner named Bourgeois, who, it was alleged, abandoned his wife and children, leaving them in destitute circum- stances, The order was granted on the application of Amalie Bourgeois, the wife of the faithless hus- band, who, under the decision of Judge Sutherland, will receive $50 per month for her support from the Commissioners of Charities and Correction, the cus- todian of her husband's money. ‘The proceeding was brought under an old statute and the second of the kind ever brought in the Court of General Sessions. On September 6 Officer Patrick Maguire, of the Eighth precinct, noticed a crowd of negroes acting in adisorderly manner at the corner of Broome and Thorapson streeta, and endeavored to make an arrest. He placed his hands on Henry Young, whereupon the others set upon him, disarmed him and beat him in a brutal manner. The officer was finally compelled to draw his revolver, and fired on his assailants, wounding Young in the ear. Four of the negroes— Heury Young, No. 56 Thompson etreet: Tony Hill, No. 16 Sullivanstreet; Robert Hoick, alias Jo! n, No. 110 West Thirtieth street, and John Wales—were snbsequently arrested and indicted for felonious as- sault. The officer was so seriously injured that be was confined to his home for over month. Hill, Young and Hoick were tried yesterday in Part 1 of the Court of General Sessions, Wales having requested a separate trial. The prisoners were found guilty of assault and battery and sentenced each to one year's imprisonment in the Penitentiary. On the Ist inst., Mra. Beacham, of No. 13 East Twenty-cighth street, discharged from her employ- ment a colored waiter named Merritt Schuyler, who, however, retained alntch key, and on the following night entered the house. He took a brief doze on one of the lounges, and on getting up made a tour of the premises, Le entered the room of a fellow ser- named George Williams, and carried off On the following morning Williams dis- ered his loss, and reported to the _ polic that he had ‘Treason to suspect who was arrested by Detective Price. While conve: ing his prisoner to the station house the detective wasattacked by him, and in the effort to escape be fired two shots at his captor, meither of which took effect. The officer disarmed him, and charges of grand larceny and felonious asssult were preferred ayainsthim. The prisoner was ed yesterday by Assistant District Attorney Rollius, in Purt 1 of the Court of General Sessions, and pleaded guilty. Judge Sutherland sent him to the State Prisou tor six years. COURT CALENDARS—THIS DAY. Scrneme Covar—Cuamprns—Held by Judge Law- . 7, 8, 89, 131, 137, 141, 144, 162, 163, 186, , 224, 225, 227, 290, 231, 292, 243, 245, Scpresce CocrT—Genreal Tenm.—Adjoarned until December 1s. Scrneme Courr—Srecta, Team—Held by Judge Ven Brunt.—Law and fact—Nos. 56, 580, 260, 687, 68a, 602, 663, 664, 605, 37, 572, 714, 599, GOO, 696. ScPRkMEe COURT—SPECIAL Tenm—Purt 2—Adjourned until to-morrow. Screrase Covet—Craccrt—Part 1.—Adjourned sine e, Part2—Held by Judge Barrett.—Case on 1420, Beil vs. The Mayor, &e. No calendar. Part 3— Held by Judge Donohue.—Case on. No day calendar. Scrxnron Cover—GeNERaL Tsau—Held by Chief Justice Curtis and Judges Sedgwick and an.— Nos. $2, 38, S4, 35, 36, 38, BY, 41, 42, 45, 44,45, 46, renion CounT—SPKCIAL Txmm—Held ‘by’ Judge —Noa. 59, 6. ut—TauL Terw—Part 1—Held by orst.—Case on No, 388, Havemeyer vs. Parte 2 and J.—Ad- journed for the term. Commoys PLtAs—GeNERaL Term—BHeid by Chief Jus- , Daly and Judge Van Hoesen.—Nos. 41, 8, Hi SUPERIOR Judge Van Havemeyer. No day calendar. tice C. ‘25, 2H, 29, 33, 34, 40, 48 50, G4, 67, 81, 85, 87, 7, 15, 146, 147, 148, wart Piras—Equity Tenm.—Adjourned for the rm. CoMMON Pieas—SrectaL Temm—Held by Judge Larremore 18, Pirss—Trat Teaw—Part 1—Held by *. Daly.—Noe. 769, 713, 775, 1908, 925, 1926, |, 1009, IMG, 740, 245, 1557, 728, 765, 754, 774. GM), 1038, G24. Part 2.—Adjourued for the term. Mawxe Covurt—Taia, Teum—Part 1—Held by Chief Justice Alice Sos, 4077, 4747, 4726, 4091, 494%, 4916, 4290, 4786, 4769, 6158, 4749, 3U19, 5669, 4850, Lids. Part 2—Heid by Judge McAdam.—Nos, 3806, 2009, 4078, 3980, 4558, Atel, 4001, 3771, 3814, 4524, 4501, 3500, 440, 16. . Part }—Heltl by Judge Shea.—Now, 5014, 045 — 5022, 5085, 5455, 25H, 4421, 5041, GexrRal Sxsstows—Part 1—Held by Judge Sutherlund.—The People Andrew Mo- Coy, arson; Same vs. Frederick W. ; Same vs. Kdward J. bery; va, James Ieiger, feloniot senlt and battery; Seme vs. Francis Gaffney, bur giary; Same vs. William Sehuitz, felonions assauit and battery; Same vs. Juba 'f. Waller, vi Same vs. Martin Smith, violation election laws. Part 2—Held by Judge Giidersleeve.—The People va. William Car: felonious aaseult and battery; Same vs. Francis McCaifey, burglary; Same va, Martin Reflly and Flo’ Wilson, grand larceny; Same vs. Julius Prignet, grand iarceay; Same vs. Frank Barr, grand larceny; Same va. Adam Ott, excixe; Same vs. Daniel McNamara, excive; Same va. Alex- ander Dowd, excise; Same va. John Brohan, excise; Same ve. James Connelly, excise; Same vs. Lillian Bonten, grand larceny; Same ve. Samuel Meyer, grand larceny; Same vs. Charlotta Madixon, John Craig, Manuel Frey and John O'Brien, grand larceny. COURT OF APPEALS, » Atmany, Nov. 11, 1878, Ia the Court of Appeals Monday, November 11, 1874, present, Hon, Sanford E, Church, Chief Justice, and associates ;— . Motion calendar for Tuesday. November 12, 1878.— Nos. 362, 363, 370, 371, B72, 374, 374, 365, Sod, Day calendar for Tuesday, November 12, 1874,—Nos. 105, 127, 31, 190, 191, 21, 78, 182, No. 2. Elizabetu Salter, adminivtratric, &c., re- spoudent, vs, The Utica and Black River Railroad Company, appellant. Prancis Kernan for lant and F. W, Hubbard for the reepondent. . 43. Nancy Cordell, sdwinistratrix, &e., respon- dent, vs, The New York Central and Mudson River Railroad Company, appellant,—Argued by Matthew Hale for the appellant aad J. H. Clute for respondent. Case on, UNITED STATES SUPREME COURT. Wasnineton, Nov. U1, 1878, ‘The following business was to-day transacted in the Supreme Court: — On motion of Solicitor General Phillips, James G. ‘Tighe, of Brooklyn, was admitted to practice, as were also T. M. Wilkes, of South Carolina, on motion of W. E. Karle, and 3. W, Sanderson, of San Francisco, on motion of J. H. Starrs, No. 62. 5. B. Stacey, plaintif?’ in error, va. G, W. Emery, Supervisor of Internal Revenue,—in error to the Circuit Court of the United States for the mid- die district of Tennessee, Judgment of the lower court affirmed, No. 0. Robert Dumont, impleaded with William FR. Booraem, plaintiff in error, vs. The United States, — In error t the Circuit Court of the United States for the Southern district of New York. Judgment of the Gants + a veveraed and the cause remauded for a new triw No. 45, Ainsworth R. Spoffond, appellant, vs. James B. Kirk et ope from the Supreme Court of the ea ae ia. Al dismissed. io. . —— partner, &c., in error, vs. ‘United Stateee Te error to district of reversed and # new trial Daniel Circuit Court of the United States for the West | ‘Tennessee, of the court below for the District of California. Judgment of the lower court affirmed, with costs. No. 55, Hugo Seitz et al., plaintiffs in error, vs. the United .—In error to the Cireuit Court of the United States for the Southern district of Now Ba bn ered of the lower court affirmed. (0, 5. The No: wastes Mereliaing OO , plain- tiff in error, vs. The Village of » Park eb .—In Illinois. Decree error to the Supreme Court of the Court below 207. The United States, ita, vs. Samuel R. Throckmorton et al,—Sul on printed argu- ments Walter Van Dyke for appellants, and by Delos e for appellees, under twentieth rule. No. 417. The uri Valley Life Insurance Com- my. peat in error, vs. James Sims.—On motion of W. H. Smith, im behalf of counsel for plaintiff, dis- misved with costs. pe No. 65. The Missouri, Kansas and Texas Railway Company, plaintiff in error, vs. the Kansas Pacific Railway Company Arenas continued by T. C. Sears for plaintiff in error and by H. Beard for de- fendant in error. Adjourned until to-morrow at twelve o’clock. SUED BY A SUBORDINATE. PRIVATE CORBETT RECOVERS DAMAGES FROM MAJOB GIBSON, OF FORT WADSWORTH. In the Supreme Court, Kings county, before Judge Gilbert, yesterday, the action brought by John J. Corbett, late private soldier in the Third United States artillery, against Major Gibeon, commanding the gar- rison at Fort Wadsworth, Staten Island, came up for trial The plaintiff sued to recover damages in the sum of $5,000 for alleged slander. Corbett was charged last winter with writing letters of an matory character to a daughter of Mr. Louis De Comesux, @ retired merchant, who resides in the neighborhood of ort Wadsworth. ‘The father reported the circumstance to Mejor Gib- son, with whom he is acquainted, and in acorre- spondence that ensued the defendant is alleged to have written libellously of his subordinate. Corbett was for several weeks confined in the guardhouse at the fort, awaiting court martial, the charge made against him at the time being ‘conduct prejudicial to good order and Laing 4 “discipline.” e case was fully published in the at the time. Mr. Louis De phi pecerte was ee to ee by Major Gibson. Witness said that he simply kuew Major Gibson as a neighbor; their families did not visit; he never saw Private Corbett. Lieutenant John B. Eaton testified that the Major ordered Corbett to be confined in @ cell, and called him “2 lying scoundrel.” Private Emerson J. Dodge testified that in January last he was present when Corbett, who was a prisoner at the time, asked the officer of the to see the commanding officer; he (Corbett) asked the Major. why he was confined; the latter “I suppose 3 want to get out another habeas corpus; I've got ut you through, and damn me, if you don't stop it F'1 dip you in the bay.” Brisk, a painter, testified that in December last the Major said in bis hearing, “The best thing Fe can dois to let this thing alone. The less you have to do with it the better. He is a dammed aconn- drel and ought to be taken out and horsewhippod.” The jury, after a brief deliberation, rendered 8 ver- dict for the plaintiff in the sum of $100. WILL CONTESTS. ‘The attention of Surrogate Dailey, of"Kings county, ‘was occupied yesterday forenoon in the matter of the contested will of the late Mary Devlim, widow, who died in May last, leaving an estate, valned at $70,000, to her eldest son, John Devlin. The legatee was in 1870 sentenced to the Albany Penitentiary for alleged failure to pay the legal amount of tax due on distilled spirits, he being a wealthy manufacturer of whiskey. About that time he deeded his property to his mother, and in 1872 the latter made a will, in Which she left the estate to her son Frank, in trust for John. Four years later she made another will, bequeath the entire estate to Jobn. ‘The will is contested by Frank and James on the ground of insumpetency on the part of decedent undue inftwence having been used, A colored woman, who had been employed as a do- mestic in the household of the late ‘¥ Devlin, tos- tified that John Devlin urged his mother to make the will, and that she complained to witness that her son would not let her have five cents; deceased told wit- ness after tho will had been made that she was not eatisfied with it, and as soon 48 abe was abéd she" would go down town and change it; witness asked her why she did not send for a lawyer to come to the house to change it for her, and Mis, Devlin said that if she did her son “John would raise the roof off the house.” A BROTHER'S PETITION. Citations were returnable yesterday in the matter of the will of Patrick Butler, who died in Brooklyn, August 28, 1878, leaving personal estate of the value of $2,800. Decedent bequeaths to the Roman Catholic Orphan Asylum, Albany avenue, the sum of $500; to Rev. E. J, O'Reilly, pastor of St. Stephen’s Roman Catholic Church, Summit street, $300, for masses for the repose of his soul; to his sister, Elizabeth Cody, 3500; to Margaret Morrell, $300, and to his brother Mur- tin, his two nieces and his nephew, James W. Cody, the balance of his estate. A petition ‘has been filed with the Surrogate of Kings county by Kdward Butler, a brother of the deceased, who mwxides in this cit; against the probate of the will. The contestant ai- leges that the deceased was of umsound mind and was unqualitied to act or to legally execute the will pre- sex! The hearing of argumeas was adjourned. TILDEN’S TAX. A decision was rendered yesterday by Judge Choate in the case of a motion for attachment against Martin L. Sykes, who had been subpcened as a witness in the civil cause of the United States va, 5, J. Tilden to produce certain stock ledgers of the Chicago and Northwestern Railroad Company; also the book of the minutes of the meeting of the directors of the Peninsular Railroad Company, and certain vouchers and receipts for payment of money to Mr. Tilden by the Chicago and Northwestern Railroad Company tor services a8 trustee trom 1861 to 1871 The Judge aays:— ‘The question to de determined is whi of touche ctr hears and voushere ct till eocmastion deseribed in the wi “im the custody” of witness within the cetion S64ei the code of 1 eiwil procedure. Upon the facts proved | am elearty of opin- fon that the books and called for are not, witun f the code, “in the custody” of the witness. Tho evidence is sufliclout (o show that thie corporation has removed these books and papers fiora the Naw Yurk oflice t0 cago office, and that thiv has been doau in pursuance fanding rhle of the company. making tee central uBlee of the company in Chieagu the place wher bou current wae nnd all vouchers are kept. . wks and papers were effectually removod there from the enstedy of the officer in charms of the New Yor oilice and placed under tle custody of the o ia charge of the Chicago office. Such ® rul and prop: for a corporation w- ose business i# done in foreiga States, is hot w ease of a person expecting to be a witness dmabling himvelf from cing papers by sending them uway. It ie not therefore necessary to consiler whether the laws provide any rowedy in such aeaso, The wotiou tor attachinens is denied. WANTED IN ILLUNOIS. Detective Gallagher, of Pinkerton’s Detective Agency, while walking along Fuiton street, Brooklyn, yesterday afternoon about two o'clock, noticed s well dressed man standing in front of the Nassau Bank. ‘The easy, careless manner of the man so impressed the detective that he looked more closely a¢ the indi- vidual and recognized in him William Kinderson, alias P. H. Berry, alias “SnateLem,” who, he ways, i# one of the imost expert and succemful thieves in the conutry, and the very man for whom he had been "looking in connection wdth the robbery of $2000 worth of jewery from e “drum- mer’ of this city who was stopping at one of the Chicago hotels some time ago, “The jewelry was re- covered, but the thief escaped. Fortunately, Detec- tive Gallagher had s requisition from the Governor of Tinois with him. Walking aahort distunce away, but still keeping his eye on the man, he met Patroiman Me- Grath, of the Police Central Office, aud requested him tu take Kinderson into custody. Kinderson took his arrest very coolly and proceedall to the Central Office with his captors. Wheu Superintendent Campbell en- deavored t elicit seme information from him con- cerning bis history he said very politely, “Please ex- cose me, Chief, but I don’t wish to answer any ques- tions.” The prisoner was then taken before J Walsh and afterward brought to this city. YOUNG ‘BUT WICKED, “Ab! let me go, mister!” gaid the shock-headed urchin whom Judge Duffy could not see without standing up and peering over the desk, st Kasex Mar- ket Police Court yesterday, “If you do I'll never come here again.” “How old are you, Johnny?” said the Jurige, ars, sir!’ piped the urchin. ‘ou'te older, and you've been here before,” says Ist me go! Dot!” whines the urchin, yhat did he do, officer?” ‘hed this lady's pocket at the corner of Gratid and Eldridge streets, Yer Honor, and thin towld the sergent at the desk in the station honse, whin he axed his name, not to mind axin’ as be knew his name and hisnself well enough.” “Johnny Boul, although you say you're only five years old I don't believe you. IN hold you in $300 to TREADWELL, THE TROOPER. UNCLE SAM IN SEARCH OF THE BROOKLYNITE WHO WAS “BAGGED” IN FLUSHING BAY. Sergeant Alfred Steel, of the Permanent Troop of Mounted Cavalry, in company with a private soldier, who is assigned to the duty of recruiting for the army at No. 174 Hudson street, this city, under direc- tion of Lieutenant Hyer, of the Fourth cavalry, vis- ited Police Headquarters, Brooklyn, yesterday, in search of Isaac 0. Treadwell, whom he believed to be a deserter, Treadwell, it will be remembered, ~ the you man who told a remarkable story | of his havi been canght while swimming in Flushing y, in July last, and sent to Charleston, 8. C, The Superintendent of the Brook- lyn police detailed a detective to investigate the case, and it was found, so it is said, that well had not been absent from Brooklyn as long as he pretended, and also that during part of the time that he had been away he had worn the uniform of a soldier, This latter discovery led the detective to communicate with re- craiting officers, and he learned that the man had actually enlisted. A PRIVATE IN THE CAVALRY, int Steel stated toa HenaLp reporter yester- day that he made out the enlistment papers of Isaac C. Treadwell, on September 20, as a private in the cavalry. At that time, the sergeant says, he ques- tioned the recruit closely, and all his answers were perfectly coherent and rational. On September 2¢ ‘Treadwell was sent out, with a squad of recruits, to the rendezvous at Jefferson City Barracks, Missouri. “We do uot know,” said the sergeant, “that he is @ deserter. All we know is that he was regularly enlisted as 4% private in | the cavalry, and that he has not been discharged from the service. About ten days after he had been sent to Jefferson Barracks his brother or some relative called at the recruiting office in New York and said that Isanc Treadwell was not right in his head; that he had tried to drown himself once.”’ Superintendent Campbell says that Treadwell was repeatedly seen in Brooklyn between the interval of | his alleged adventure in Flushing Bay and the date of his enlistment. Lastevening the sergeant was still searching for Private Treadwell. SAVAGELY ASSAULTED. Robert Quinn, of No, 1,009 St. Mark's place, Brook- lyn, was severely beaten and stabbed in the cheek by five men, near his residence, at an carly hour yester- day morning. He made his way to the Twelfth pro- cinct station house, where his injuries were dressed by Police Surgeon Burdick. Goorgo W. Schwart, Charles Vath aud John, Peter and Joseph Barnes were arrested on suspicion. — BUSINESS TROUBLES. ‘Ward & Petchell, dealers in rubber goods at No. 60 Fulton street, made un assignment yesterday for the benefit of their creditors to John W. Nutt. They were agents for the Long Island Rubber Company, and indorsed the paper of the company to the extent of $10,000, The firm was established in Septem- ber, 1876, having bought out the stock of the Star Rubber Company. ‘he liabilities amount to about $40,000, and the asacts are valued at from $5,000 to $8,000, Jonas M, Schnurrer, dealer in fancy goods at No. 395 Sixth avenue, an assignment y y to Hymen Harris. Four creditors are preferred to the extent of $6,374. Austin & Menet, grocers, at Sixth avenue and Forty- sixth street, made an assignment, without prefer- encer, yesterday to Maroxs Jenkins. Their liabilities are $3,200, while their assets are valued at $11,000, A meeting of the creditors of Hirsch & Mayer, deal- ers in woollens, was held yesterday at the office of Register Little. Schedules were. presented showing liabilities to the amount of $85,000, Seventeen claims were roved and John H. Rhoades was elected as- signee. ‘The creditors of Iulius C. Schlachter, banker, held a meeting yesterday ut the office of Register Dayton. ‘The schedules presented showed liabilities amounting to $58,928. Throe claims were proved, aggregating $25,000, and Elis Y. Samuels was chosen assignee. At a meeting of the creditors of James Reid, whole- sale liquor dealer ut No. 41 Broadway, held yesterday at the office of Register Fitch, schedules were pre- sented showing liabilities amounting to $207,000, Two creditors, whose claims amounted to $650, proved their claims and voted for Thomas H. McAvoy a6 assi . The Register, however, refused to con- ie e choice and submitted the matter to Judge Choate. The schedules in the matter of the assignment of Seligman L. Rosenheim & Silbermann Libman, dealers in garments, on Broadway, to Moritz Rosenheim, were filed yesterday in the Court of Common Pleas. The liabilities are stated at $65,771 86, nominal assets at $77,173 49, and real assets at $30,557 98. MUNICIPAL NOTES. ‘ ‘The Board of County Canvassers, which is com- posed of the twenty-two Aldermen, will organize at twelve o'clock to-day and will continue in session ‘until all the votes cust at the last cloction are counted. ‘The statesmen around the City Hall are still busily engaged in speculations as to what will be Mayor Ely’s course in filling the vacancies in the Police, Fxcise and Tax departments. All sorts of wirepulling is ed to be in progress between Governor Robin- son, Mayor-elect Cooper and Mr. Ely. ‘he last named gentleman is entirely non-committal upon the situation. The ambitious gentlemen who desire to secure fat places for themselves or their friends under the new dispensation after the lst of January next continue to circulate all sorts of rumgo'rs as to what the present Mayor may or may not do under existing circumstances. A number of them claim to have exclusive control of Mr. Cooper. ‘ipten di the Board of Apportionment will be e jay. Chamberlain Tappan reporta the balance in the City Treseury, for the week ending Saturday lest, st The Prefect of the Seine has transmitted to Mayor Ely # number of books relating to the Municipality of Paria. These books were yesterday handed to Mr. 2. H. Stoddard, City Librarian. REAL ESTATE. The following sales were made om the Real Estate Exchange, November 11:— BY RICHARD ¥. HARNETT houses, with lots, together 9.%xu"h1 ‘and 65 Bast uth Edward D, Cowmun, referve—Poreclosure twy houses, with lots, ewel 16%100,11 and 119 Kant 113th st.) n. 6, 182 ft. «. of A. T. Gilleudar. 20,000 i Henry Heath, referoo—Foreclosure sale of the three houses, wit 1ox00.10), Kos. 158; 158 and ia) Vout 20th wt., #. 8, ©. of 71 , to plaintiff, ba BY ©. J, LYON. . a Charles T. Sheldor feree—Fourecionure sale of the house, with lot 25x100,10, Nu. 416 East 120th st., 6. 8., 200 ft. @ of Ist av., t0 Ernest Flagg... 000 OFFICIAL TRANSFERS. The following statement shows the real estate transactions recorded in the Register's office Novem- ber 11, 1871 Suffolk st., 0. #,, 150.734 ft, n. of Grand at, 33x10!4 100.7; dames’ Wileox and wife to Rosina Pouse (executrix). . ay., W. 8, B87 fiw of Mth wi, BA Axim F, Swarts (referee) to Wilhelm “pee 0 Madi leo, Huth wt... 4. 5., 140 ft. w. of Ath ct. doney Lurtelisclazer aud wife to Cornelius W Van Voorhis, 10 ft. wot Tt av., Bi SRIRD; 20th st, w.s., 2 m Adam 'C. Rentoles Ren: telon. ‘av. and wife to Agnos B. Oswal 7 157 ft. w. of Mth ay... Lixt 8, 138 ft. w. of Sth uy., Luat.8: also ot, b., BOD ft. 6. of Beh R100.4; Oh and others to Andrew G. Water st. (No. 192); Danie! A.W os ‘garet H. Garrard Mts. w. of Bd av. Dixie; Beruard id wife bo Amelia Bubnet. oe... 190 ft. ©. of 4th av., 1264100,10; Jane ny 8 ma * ‘au tee. of Sth av., 20% 100.) L. B. Wood w Potor Goviet and others. 125th at, nn. 8, 180 fh if 5 5 her V. Dorau and others to Daniel Duras * Ww.8 te of Alexandria av. 25: Min ot, *, % 100 (id ward); W. Sinclair (referee) to Philip Dater. Be Lexiny * 80; al a SRO irre, execator) to James W. 3. Ken 56th wt, *, ».. 20 fe w. of Oth ay., Root (referee) to Lena Burnstein Washiogton av..e.s., 40 ft. (2 ward); Mutual Life Ini MeClorkey... William at. (No. 217), John A. Smith; 3 years... . Wait (No. 146), ‘and wits, to Ralph Burrows, a 6,000 Washington av,; 6 yours.. 4,000 John E. Lockwood, guardian, . of L0sh av. ; J years. 2,000 Pi , George and wife, to Krnest H. Ll ‘Wath #t., w. of 70h aw instalments. . . 10,000 Smyth, Anthony, to Alexander Hadden, o. 6. of 114th a . of 4th ay, Lyear., +e .. 5000 3. wife, to Algernon 8. nik a Krender, Lonie, to Soph Odell, Jonathan and other ‘A. Waldo. ive MARRIAGES AND DEATHS, “ENGAGED. Harrison—Nowrrzsky.—Miss Rosa Nowrrzsky, of Williamsburg, to Mr. R. P. Hannisoy, of New York, No cards, MARRIED. THOMPsON—MAcKENZIEx.—On Saturday, November 9, at Roselle, N. J., by Rev. Charles 8. Robinson, D. Pp Mr. Sipsky Tuompson to Mrs, Hanurerre P. Mac- Kenzik. No cards, DIED. Baxen.—On Sunday, November 10, Ricuaxp Bakrr, aged 59 years, 5 mouths and 26 days. Relatives and friends ure respectfully invited to attend the funeral, on Tuesday, November 12, at ten o'clock A. M., from his late residence, 132 East sad st., and from’ thence to St, Lawrence’s Church, 84th st., near Madison ay., where a solemn requiem mass will be said for the repose of his soul. BLakeLy.—Suddenly, on November 10, GeorGE A. BLAKELY, 64 years of age. ‘The relatives and friends of the family are respect. fully invited to attend the fuheral, at his late, resi- dence, No, 264 West 17th st, on Wednesday, Lith inst., one o'clock, Braprorp.—Lizz1e Mary, infant daughter of Joseph Bradford, aged 4 months and 19 days. Funeral at two P, M., November 12, from 294 South Ast st., Brooklyn, E. D. Brices.—On Monday, November 11, Sanak Mrap, wife of Alanson T. Briggs, Esq. Funeral services on Wednesday, 13th inst., at five P. M., from the residence of her son, Prof. C. | Briggs, 120 East 45th st. Burprcx.—On the 9th inst., of scarlet fever, JENNIF, only daughter of Drs, 8. P. and Alice H. Burdick, aged 3 years, 1 month and 15 duys. neral on Tuesday, the 12th inst., at eleven A. M., from residence 351 West 34th st. Burttix.—On Sunday, November 10, 1878, Mas. Hannan Burrrx. Funeral will take place on Wednesday morning, at ten o'clock,’ from her late residence, 210 West 32d st. Relatives und friends are respectfully invited to at- tend. . COAPMANN.—Saturday, November 9, BELINDA Coap- MAN: tend the funeral, from the residence of her sister, Mrs. James Leeds, No. 35 Cumberland st., Brooklyn, on Wednesday, November 13, at half-past two P. M. ‘i Domenie Ae. CONNELL, aged 24 years, Novem- er 1, Will be buried from his late residence, 12Greenwich st., at two P. M. CnowLey.--On Sunday, 10th inst., Joun CrowLxy, a native of Donoughmore, county Cork, Ireland, in his 47th year. . Relatives and friends are respectfully invited to at- tend the funeral, from his late residence, 112 Mulberry st., on Tuesday, November 12, at two P. M. Daty.—On Monday, November 11, Joun Day, in the 76th year of his age. Relatives and friends are invited to attend his funeral, from his late residence, 649 Hicks st., Brook- lyn, on Wednesday, November 13, at one P. M. Freiy.—On Monday, November 11, Karr E., wife of . E. Field, and youngest daughter of the late William Bennett. ‘The funeral will take place from her late residence, 28 St. Marks ay., Brooklyn, on Wednesday afternoon at two o'clock. . Fonsyta,—On Sunday, Nov. 10, Mary Jane, wife of Thomas Forsyth. Relatives and friends of the family, also the mem- bers of Amaranthus Lodge, No. 126, and Central Park . 0. F.; Washington Lodge, No. . FP. A.M.; Ancient Chapter, No. 1, R.A. M., and Colnmbian ‘Commandery, No."1, K.'T., are respect- fully invited to attend the funeral, from Trinity Chapel, West 25th st., on Tuesday afternoon, at one o'clock. Fosrvr.—On Sunday, 10th inst., Mary Isaper, only child of Edward C. and Eliza Foster, in her oth year. ‘The relatives and friends are respectfully invited to attend her funeral, from her late residence, 414 West 19th st., Tuesday, at one o'clock, GasH.—ISaRELLA JANE, only daughter of Joseph B. and Mary Jaue Gash, on November 10, aged 5 years and 24 days. Relatives and friends are respectfully invited to at tend the funeral, from 161 34 st., Brooklyn, E. D., on ‘Tuosday, November 12, at half-past twelve P. M. Gvepin.—Suddenly, on Saturday afternoon, 9th inst., Jagves Guepin, of the firm of Ve. J. Magnin, Guédin & Co. * Funeral service from his late residence, 210 East 16th st., at half-past nine Tuesday morning, 12th inst. Interment at Woodlawn. No flowers. Hatt.—On Monday, November 11, at No, 203 West 28th st., New York citv, of Bright's disease of the kidneys, Dr. GAUVENKUR Hatt, in the 54th year of his age. Now Orleans papers please copy, ‘Macneny.—Suddenly, on Monday, 11th inst., of Bright's disease of the kidneys, Margaret MaTiLpa, wife of Wallace Macrery and daughter of the late Robert H. and Margaret E. Allaire, in the 28th year of her age, at her late residence, 960 6th av. Notice of funeral hereafter. Mankin.—Lost, on October 1, near Montevideo, while at sew during a storm, Lewis Mannix, Jr., be- loved husband of Mankin, and only son of Cap- tain Lewis Mankin, of College Point, L. MITCHKLE.—CHaRLes H, Mircuris,, son of the late Thomas Mitchell, at residence of A. Sibberns, Tro- mont, N. ¥., on November 8, 31 years. Mornts.—On the 10th inst., at eight o'clock, at Binghamton, Moreau Monays, Jr., aged. 20 years and 9 months, only son of Dr. Moreau Morris, 8 tendeut of the New York State Inebriate Asylum toenceeal will take place sé thé Agyh Bingham: wi © place at the Asylum, ton, Wednesday, the 13th inst., at ten o'clock. “ McNutty.—On Monday, November 11, at his late residence, 151 West 20th, Wriutam McNuury, formerly of Ballyshannon, county Donegal, Ireland, aged 44 ears. " Notice of faneral hereafter. O’RetLy.—On Monday morning, November 11, after @ short illness, ManGaner O'Rercr, 65 yeurs, native of Dromin, county Limerick, Ire! Friends are reques' to attend the funeral, from her late residence, 762 3d av., at half-past four P. M., on Tuesday, 12th inst. Remains to be taken to Troy, N. ¥., for interment. O'REILLY.—At her late residence, No, 205 Mulberry st., on Sunday evening, the 10th inst., Hassan T., be- loved wife of Daniel O'Reilly, in the 30th year of her age. ‘The relatives and friends of the. family; also those of her father, Jeremiah Callahan; her brother, Eu- Ke. Callehan; also her brother-in-law, William heean, are respectfully invited to attend the funeral, on Wednesday, the 13th inst., at half-past nine o’clock A.M. sharp. Her remains will be conveyed to St. Patrick's Cathedral, where # solemn high mass of uiem will be offered for the repose of her soul; Sonos to Calvary etd, for interment. Perrtt.—On Monday, November 11, Wtttam E. Prrrrt, aged 37 years, The relatives and frieuds of the family are re- cttully invited toattend the funeral, from the fesi- dence of his father, 157 Gates Brooklyn, on Wednesday, November 13, at three o'clock. Rexstaw.—At Union Hill, N. J.,on Sunday, Novem- ber 10, 1878, CHartes Runsuaw, in the 624 year of his age. Funeral from the West Hoboken Baptist Church (Dr. Osborne's), on Weduesday, November 13, at two o'clock. The friends of the family are respectfully invited to attend. Roxs, A solemn requiem anniversary mass for the repose of the soul of the late Saran Ronis, wife of Edward Rorke, will be celebrated at St. James’ Outhedral, Jay st., Brooklyn, on y morn- ng, isth inat., at half-past nine o’clock. scrLp.—On Monday, November 11, after of suffering, Davin Roruscutp, of 168 East 63d st., in the 7d year of his age. Notice of frfneral hereafter. Scuwan.—On Saturday evening, at eight o'clock, at her residence, 100 East 60th st., Henniira, widow of Levi Schwab, in the 66th year of her age. The relatives and friends of the family, as well as the members of Mount Neboh Lodge, No. 257; Adel- phi Lodge, 24; Emanuel Lodge, 64, FP. and A. M. Ancient Chapter, No.1, R. A. M.; Templar Lodge of Pertection (tourtecuth degree); Torapkins Lodge, No. 9,10, O. F.; Manhattan Lodge, Centennial Lodge, LO. B.B.; Constellation Lodge, F. 8. of L, and Abaves Achjos Society are respecifully invited to attend the a this (Tuesday) morning, at ten o'clock. No jowers. Exanvz1 Lover, No, 654, F. ax A. M.—The members of this lodge are fraternully requested to attend the fauucral of the mother of our Brothers Gabriel, Sam- uel, Abraham and Leo Schwab, on Tuesday morning, November 12, at teu o'clock, from their residence, No. 100 East 60th st. By order of LOUIS BECKHARDT, M. Leoxarp Liistnsomn, Secretary. Nowcr.—Mounr Neon Lover, No. A. M.—Bavrunes:—You are sespectfi to attend the funeral of Henrictta, belov our brother, Max Schwab, from the lat the deceased, 100 Kost Guth at., on Tuesday morning, November 12, at ten o'clock. By order of DAVID WILE, Master, Narnan Brncrven, Secretary. Srxporrr.-Suddenly, on November 9, Gustxn See- DoRrY, aged 25 years, 9 months and 9 days. Relatives and friends are respectfully invited to at- tend the funeral; also the members of German Oak 1 No. 7, A. OU, of @. F., and the members of New York Encampment, No. 4, A. O.ofG.F., from the Christopher Street Church, this ) afternoon, at halt-pasi ome o'clock. Henry , brother, No. 178 Prince st. Surru.—On November 11, Epwunp L, Smita, in the 65th year of his ago, ‘The relatives aud friends of the family, and mem- bers of Polar Star Lodge, No. 245, F. and A. M., are respectfully invited to attend his funeral, from 94 Classon av., Brooklyn, on Thursday, November 14, at half-past one o'clock, SrmiNGER.—At New Orleans, on November 6, 1878, suddenly, of yellow fever, ALFARD DUDLEY STnINGE: in the 15th year of his age, son of Sarah J, Eager an the late Thomas Stringer, of dete and grendson of the late Hon, Samuel W. Eager, of Newburg. Newburg and st. Louis papers please copy. Swanrwout.-At Hearne, Texas, on the 2d inst. Rowan Duvacoms Swartwour, formerly of this cit: in his 69th year, Chicago and St, Louis please copy. Usure.—Noyember 10, Honack Haxnyx, son of FH. W. and D, 8, Usher. Wenen.—On Monday, November 11, 1878, Wittsast Weura, in the 22d year of his age. Relatives and friends of the family, also the mem- bors of the Republican General Committee of the Sitxh Assembly district, are respectfully invited to attend his funeral, from his late residence, No, 151 Broome at., = Wednesday, the 1th inst., at half-past one o'clock, Wu.isamson.—On Sunday, November 10, Arrive HL, youn jon child of John G. and Clotilde William. son, ay ears, Funeral Buesiay, November 12, at one o'clock, from his parents’ residence, 201 Bast O1st at. N Relatives and friends are respectfully invited to at- | FINANCIAL AND. COMMERCIAL. The Stock Market Fair” ..c tive and Steady GOLD QUIET AT 100 1-8, Government Bonds Strong, States and Railroads Steady. MONEY ON CALL 4.4 5 A 3 PER CENT | WALL Street, Monnay, Nov. 11—6 P. a} Regarding the stock market from a comprehensive point of view, dealings 1o-day were of moderate in- terest, and gave little token of what is to occur in the - future course of prices, Excepting the fact that one or two of the large holders showed «disposition ta turn stock certificates into cash, there was nothing ta elevate the day's business above the flatand dreary level of a broker's market. From a general decline in prices at the opening there ensued a partial rally, and at the end an irregular closing, which marked quotations midway between the highest and lowest of the day, The “street,” which, taken forall in all, isa good guesser of financial conundrums, is clearly of the opinion that the great holders of stocks have been free sellers within the last few days; Mr. Keene bovause he contemplates a visit to Caii- fornia aud wisely shakes the dust of Wall street off his feet; Mr. Gould because he deems that there are more pennies (honest or otherwise) to be picked up ia a fall than in arise, and because the Exchange court parties have judiciously flip-flapped from the bull to the “bear side under the tuition of existing events. From all appearances leading holders of stocks have been free sellers, not only to-day but for a week past. The bears, at the same time, have availed themselves of the opportunity and have been free buyers. . Con- sequently we find to-day the short interest almost entirely coyered and holders of long stocks anxious to Jend shares at higher rates of interest than even moncy commands. Blocks of stocks held by individuals have been distributed among short sellers, short sellers in turn have returned borrowed stocks, and the “street,” weak at best, has been forced to shoulder the load, With stocks well dispersed and no mar- ket offering for relief, it is fair to presume that values will droop and lower quotations be made. With a sluggish and drooping market it is also fair to pre- sume that a fresh short interest will be created, and that upon this and the apparent cheapness of pric anew abd successful bull movement may be even tually inaugurated. That an upward movement must come sooner or later is inevitable—not because the great stock manipulators will it so, but because the reviving prosperity of the country, working up- ward with irresistible force, commands it, The opening, highest, lowest and closing prices of stocks and gold at the New York Stock Exchange to-day were as follows :~- . : Opening. Highest, Lowest, Closing, 00% 100%, 1001, 1001 45% 457, bas 153% New York Cen. and ert, Lake Shore. + 688 Rock Island nt Northwestern 42% Northwestern pref. j alee 2 ‘The total sales of stocks at the Board to-day aggre gated 154,918 shares, which were distributed as fol dows :—Western Union Telegraph, 28,700; Pacific Mail, 410; New York Central, 477; Erie, 6,850; Lake Shore, 46,530; Union Pacific, 5,000; Pittsburg, 650; North: western, 18,320; Northwestern preferred, 17,240; Roch Island, 215; St. Paul, 5,500; St. Paul preferred, 3,930; Wabash, 5,541; Ohios, 634; Lackawanna, 4,400; Han- nibal and St, Joseph, 2,400; Haunibal and St. Joseph preferred, 2,500; C.,C. and L C., 1,200; Delaware and Hudson, 100; Michigan Central, 300. ‘The closing quotations at three P, M. were:— Bid. Asker, Bid. Iinois Central. 73%) Kantas Pacific. 11 Kansas & Texas, Lake Shore. ..... Del, Lack & W Del'é Hud Canal Adams Express. ‘Am Expres Us Ex Harlem. Han & Std Han & StJo pi. 4 * Ex-dividend. ‘The money market was easy to-day, and call loant were made at 4a5 per cent, and at the close at 3 pea cent. The following were the rates of exchange ou New York at the undermentioned cities to-day:— Savannah, buying \ offered, selling 44 offered; Charleston, firm, 5-15 a discount, }y a par; New Orleans, commercial, 3-16 a4, bank, 14; St. Louis, 75e. premium; Chicago, 50c, premium, and Boston par. Foreign exchange was more firm, and the rates for bankers’ sixty day and demand bills were advanced to 4.8114 9 4.8634, while actual business was done at concessions. Gold was very quiet, and soid at 100% all day. ‘The Clearing House statement was:— Currency exchanges. Currency balances. Gold exchanges. Gold balauces.... $95,689,351, 4078,713 + 16,785,114 And the gold clearings at the National Bank of the State of New York wero:— - Gold balances.... + $841,800 Currency balances. - 344,386 Gold clearings....... iy 22 9,242,000 Government bonds were active and firm and closed strong at the following quotations ;— ie ‘ Bid. Askeil, United States currency sixes..... pra es United States sixes, 1881, registered. . United States sixes, 1481, coupon: United States sixes, 1865, now, reg. United States sixes, 1865, coupons. United States sixes, 1467, United States sixes, 1867, coupons... 106/q United States sixes, 1464, registered... 10s United States sixes, 1568, coupons... 10845 United States ten-forties, registered. 107 United States ten-forties, coupon: 17! United States fives, 1881, registered United States fives, 1881, coupon United States 45,'s, 1801, registered. United States 44's, 1891, coupons, United States fours, 1907, registered. United States fours, 10u7, coupons... 100'¢ ‘The London advices reported consols at the open- ing at 96', 0954; for money and st 95% for the ae count, and at the close at 95% 895% and 951, a 95%, rexpectively, United States bonds declined \y a per cent, and clored at 106% @ 107 for 44,'s, 108% a 108 for 1867's, 109%4 for ten-forties, and at 108 for tives, md vanced to 197¢ a 90 and preferred to 35, but the former closed at 19% and the latter at 42%. Tllinvis Central advanced tu 80% and New Jersey Central to 804. The Bank of England gained £29,000 bullion to- day on balance. At Paris rentes fell off to 112f, We. ‘The weekly statement of the Imperial Bank of Ger- many shows au increase in specie of 4,100,000 marks, State bonds at the Board were fairly active for Lowisi- ana sevens, consols, and District of Columbia 3.65's, which continue strong. Other issues were steady, In railroad bonds there wae @ rise of 144 per cent in C., C. and LC. firsts, The largest transactions were in Denver and Rio Grande firsts, at 0% a 80%—.u advance of J4. The other changes were as follows:— An advance of % in C., ©. and 1. ¢. consola; 3 im Han- nibal and St. Joseph eights, convertible; ©. C. and I. C, firats, and Burlington, Cedar Rapids and Northern firsts, and ') in South Pacific Railroad firsts and Wa- bash firsis (St. Louis division, ex matured coupon). ‘There was a decline of 4 in Canada Southern firsts, ‘The official 8 and expenses of the Union Pe