The New York Herald Newspaper, December 10, 1878, Page 9

—_—. THE COURTS. Dr. Bradford Testifying in His Own Behalf. COMPLAINT OF A BANK STOCKHOLDER. Curious Complications in a Mort- gage Foreclosure. As on the prior days, Part 2 of the Court of General Sessions was filled to repletion by an interested array of spectators, who had gathered there yesterday to listen to the coutinuation of the trial of Dr. Bradtord. The prisoner took his accustomed place beside his counsel, Mr. William F. Howe, with whom he chatted until the first witness was called. This witness proved to be Dr. James W. Huntoon, a graduate of St. Louis Medical College and a lecturer on obstet- rics. He testified that he had been in practice twenty- five years, and gave his evidence as to the apparent condition of a dead body after its disinterment and “ three months after burial, and as to inflammation. He also defined metro-peritonitis and its causes. Mr. Howe then called the prisoner, Dr. Orlando E. Bradford, to the witness stand. He testified that he was twenty-nine years of age and had been a physi- cian for the past three years; resided at No. 152 East Tweifth street; first saw Sarah Victoria Conners at his house about the 20th of last May; found her in the consulting office of the front room of his house; he found her on his arrival home lying on the lounge; he had been to Brookiyn the night before and found ber when he returned dressed and alone; he had never seen her before that time; asked her how she came there and what was the matter; she said she had been sick and had been brought there; witness told her she was there under peculiar circumstances and unless she ivformed him all about the cireum- * stances she could not remain; he suspected her con- dition and asked her if she had not hada miscarriage; sho said yes, but that she haddone nothing to bring it about; she afterward stated that sho come from Staten Island, and in reply to witness’ ques- tion as‘to whether she walked to his office, said that she did not, but would not tell who brought her there, except that it was a friend; Dr. Baker had been called in twice before witness saw the wo- man; Bradford further stated that he examined the ‘girl at the ‘time; found her decidedly weak, the result of hemorrhage: prescribed chloroform to tranquillize her, and allowed her to remain, as it would have been dangerous to have re- moved her; he first Dr. Lay two days after the irl got there; he didn’t; know Dr. Lay's name until ter; he was an entire stranger to him; Lay had _ keen the inl once or twice before witness saw him; he seemed anxious about her welfare; she called him Fred Johnston and said he was a medical student; 4 witness wanted her removed as soon as she was able tobe taken away, as she was in his con- sulting office and it was inconvenient to keep her there; the girl was removed in a carriage; she dressed herself and seemed quite well; walked to the carriage and got in with Dr. Lay and witness, and then rode to her mother’s house, No. 307 East Twenty-sixth street; she and Dr. Lay got out and ~ walked to the door; witness went home; saw her the flays before her death, the night before whic bad @ relap: shortly before her decease witness told Dr. er it was unnecessary for him to call again; previous to deceased’s removal from tho house in Twelfth street witness examined and treated her; at no time from the day witness first saw ber did she tell him who brought her to the house, nor did she tell if any one had performed any ‘operation on her, and that he sin- ply treated her as a physician and sur- matter he discovered her in his house; if there was any malpractice it took place before he saw her; witness was in the house on the day of her death and attended her tuneral, and her mother has been living at his house ever since. Assistant Dis- trict Attorney Daniel G. Rollins then put Dr. Brad- ford through a most rigorous and «searching cross- examination, during which he admitted that he was a “spocial” practitioner, had various offices in. this city, had goue under the different uames of Dr. Bott, Dr. Emery, Dr. Williams and Dr. Bradford; that he ad- vertised in four or five different newspapers under the names of Dr. and Mme, Bott and Will 8; wit- ness adinitted that he had paid most of the funeral expenses and afterward engaged the girl's mother as bousekeeper. Dr. William F. Kitchen was also examined by Mr. Howe, aud testified that it was extremely unreliable to say that laceration was produced by instruments, and under the circumstances he considered it might have come from natural causes, and that there ‘was nothing in this case to indicate that death was the result of malpractice. Assistant District Attor- ney Rollins cross-examined the Doctor a t length. ; ‘hia concluded the evidence for, the ¢ and at late hour the Court adjourned until this morning, when the case will be summed up and concluded. A BANK STOCK INVESTMENT. A jury was yesterday empanelled and an opening made of the trial of a suit brought by Henry T. Bis- _ Bell against Dorr Russell, before Judge Donohue, in the Supreme Court. Iu empanelling the jury the plaintiff's counsel inquired whether any of the jury were interested in the Loaners’ Bank or the Conti- nental Life Insurance Company, and, on the other hand, the defendant’s counsel inquired whether any of them had ever lost money by the failure | of a bank. After the jury had been se- cured a motion was made to Al the com: plaint so as to state that deft misrep- resentations in October, 1875, were contiuned by false statements in December. The plaintiff, his counsel, is a farmer from Chenango county and had $300 on deposit in the Loaners’ Bank, and was in the habit of talking with Mr. Dorr Russell, the presi- dent of the bank. ‘In the fall of 1875, ay he further says, he talked with the president about investments in companies, and Mr, Russell advised him that the best investment would be in stock of the Loaners’ Bank; that it had a special charter empowering it to | loan money at twé per cent; that its nominal capital was $500,000, and that forty per cent had been paid ‘in, while vixty per cent. was loaned to the stockholders, on their checks, On these repre- sentations plaintiff took $6,000 in shares. The follow- | ing May a receiver of the bank wax appointed, and plaintiff secks to hold Mr. Russell personally respon- | sible, alleging that many of the old stockholders had | never real 2 nmap one cent, their whole subscription | being carried as @ loan to them, and that a very large part of the plea ed assets were worthless, and fur- ther, while Mr. Russell, in one of these c rsations, pretended that there was $60,000 surplus, the re- ceiver found that at this very time, to meet some $200,000 of deposits, there were assets which would bardly ever realize $60,000, The trial of the case will be resumed to-day. INTERESTING MORTGAGE SUIT. In the Special Term of the Supreme Court, held by Judge Barrett, there was commenced yesterday the trial of # suit brought by the Union Dime Savings Bank against Francis J. Clark and others, the facts of which are somewhat curious. ‘The suit is one | brought to forcelose a mortgage; and Mr. Thomas 1, Banford, one of the defendants, sets up the de- fence of usury. It seems that the property | owned by Sanford and the defendant named | was foreclosed, and at the — sale was | bought in for him by one John Watson. | Santord now says that in order to raise money to | make good the balance of the bid he employed Ever- ett Clapp, who obtained, as he says, an advance of $22,000 trom the Loegird at seven per cent at the time provided that the mortgages made purchase money mortgages. ‘To complete the plan the title was perfected and the new mortgages reassigned to Sanford. It is now claimed that, while these mort gayex apperred to be purchase money mort- es, the fact wax that the bank knowingly advised the seheme in order to obtain seven per cent bonus on its advances. Tho c: which bids fair to be an interosting one, i nd will probably oceupy two or three da; THE WESTERN UNION INJUNCTION. A decree was wigned, yesterday, by Judge Blatchford, iu the United States Circuit Court, in the decision rendered by that Court, last weck, in the suit brought by Clinton G. Colgate against the Western Union Telegraph Company for an ulloged infringoment of @ patent insulator. After @ short discussion by the Court and counsel Judge Blatchford signed the decree establishing the patent and requiring the defendant to acvount before Joseph Gutman, Master in Chane tor all the savings, dainag ansesl by thy fringement of the patent. The question of granting the perpettal injunction was reserved until further orders of the Court, and the argument is to be heard on the 23d of Dee rt. In the interval the counsel are to serve their aff on each other, Mr. F. H. Betts and ex-du an appeared for the as: Ex-Judge Mr. Gifford for the feudant. SUMMARY OF LAW CASES. The case of Sarah Ann Biggs and the young man who were recently arrested on acharge of robbing * the guests of various hotels in this city, and partic wlarly at the 8t. Denis Hotel, the accused have been indicted by the Oyer and ‘erminer Grand Jury and wero yesterday arraigned for trial, ‘They pleaded not guilty aud the (rial was postponed, In the suit for divorce brought by Andrew J, Rydell against Amenda Rydell, on the ground of | District of Ilinois.—The controversy in this cause alleged adultery, in which the referee re favor of the plaintiff, an order was yeste: NEW YORK HERALD, TUESDAY, DECEMBER 10, 1878—TRIPLE SHEET. by Judge Van Hoesen in the Court of Common Pleas, sending the case back to the referee to obtain proof of the service of the summons and complaint on the defendant, John Carpenter, a laborer, forty-three years old, who followed Mary Lyon, on the morning of October 30, to St. Francis Xavier's Church, under the impres- sion that she was his wife, with whom he had fre- quently quarrelled, and maltreated and stabbed her while at prayer, was arraigned yesterday in Part 1 of the Court of General Sessions. The prisoner pleaded guilty to assault with intent to kill, and ‘udge Gildersleeve sent him to State Prison for eight ears. eR Gecilion. wan vendaced yentertay ‘by Judge Blatchford in the habeas corpus case of Gotlieb FE. Kimmele, alias Charles Kimmele, a member of the Fifth Cavalry, Company F, who, it was alleged, had do- sertedat North Platte, Neb., on the 17th of January, 1871. The prisoner said that he was not the man, and that he had been arrested by mistake. Judge Blatch- ford said:—Iam of opinion that the prisoner did en- list and desert as alleged, and that he is not entitled to his discharge.” In the lottery case in which E. H. Porter is charged with sending Carpal | circulars through the mails, con- trary to law, United States Cominissiouer Shields de- | cides that, as the cases quoted by ex-Judge Ditten- | hoefer for the defendant are novel and important, the case should go to the Grand Jury for their determina- tion, and therefore holds the defeudant for trial. COURT CALENDARS—THIS DAY. Suprems Cournt—CuamMprrs—Held by Judge Brady.—Nos. 226, 24, 70, 74, 85, 105, 106, 120, 122, 140, 144, 202, 203, 204, 208, 217, 223, 227, 228, 229, 233, 234, 298, 243, 244, 248, 249. SUPREME CouRT—GENEBAL TERM.—Adjourned un- til December 13. Supreme Court—Sprrorat Term—Held by Judge Barrett.—Demurrers—Nos, 28, 2, 6. Law and fact— Ne , 486, 499, 697, 707, 615, 616, 789, 754, 706, 807, 812, 813, 815, 819, 821, 822, 826, 737, 621, 725, 723, 795, Surname Count—Cmcurr—Part_1—Held by Judge Van Brunt.—Nos. 17081, 171533, 1865, 1805. 606, 187: 1666, 2510, 2724, 2821, 2822, 2823, 2825, 2826, “ 28: 832, 2833, Bh, 2835, 2837, IKI, 2830, 340, 2842, 2843, 2844, 2845, 2946, 2847, 2H4N, 2850, 2852, 2853, BE54, 2855, 2856, 2857, 2858, 2859, 2860, 2862, 2863. Held by Judge Lawrence 08, 2249, 2328, 1 1922, 1671, 1706, » 3727, B59, 2112, 2401, 2579, 3652, 2554, 2555, 2455, 1421, 17 2818, 2819, 2820, Part 3—Held’ by Ttidge Donohue.— 411, 4220, V 280) 689, 2141, 1732, 1835, 2, 1783, 1784, 290, 3488, 1726, 2172, 2203, 3272, 2274, 199) 51, 2841, 2291, 3688, 2489, 2136, . 2357, 375, 2082, 198° 19 3 09, 2140, 241: » AB11 5, 2496, 24 1180. ices Count—GenenaL Trnm.—Adjourned sine jie. Surenion Court—Sprecia, Trrm—Held by Judge Speir.—Nos, 61, 35, 63, 50, Supgrion Court—Tria! Judge Sedgwick.—Nos, 384, 385, 386, 387, 26: 115, 549, 550, 556, 445, 594, 31, 451, 103, Part 2,—Adjourned for the term. Part sine die, ComMON PLeas—GeNERAL TeRM.—Adjourned for the term. ComMoN PLeAs—Spectat Tena—Held by Judge Van Hoesen.—No day calendar. Common Pieas—Equity Term—Held by Chief Jus- tice C. P. Daly.—Nos. 5, 11, 1, 2 and 7. Common Preas—TriaL Term—Part 1—Held by Judge Larremore. 766, 704, ‘722, 781, 487, 488, 7 4 . 761, 1879, 1950, Part. 2—Held by Judge J. F. Nos. 506, 1041, 603, 235, 1472, 953, 717, 315, 205, 631, 1222, 996, 517, 1588, 1963, 1428, 1964, 1622, 265, 1256, 302, T41, 1246. Manske Court—TuaL Tuerm—Part 1—Held by Judge McAdam.—Nos. 2220};, 4890, 4921, 4916, 3919, 5121, 5146, 5122, 5117, 5139, 756, 4604, 5711, 2718, 454 4850, 5112, 4111. Part 2—Heid by Chief Justice Al- ker.——Nos. 3746, 4558, 4434, 2096, 3659, 4340, 4561, 3923, 4554, 4262, 3792, 4609, 2754, 4393, 4806. Part 3—Held by Judge Sheridan.—Nos. 5077, 5047, 5090, 5062, 5012, 2709, 5020, 5045, 1840, 4992, 328, 5082, 5081, 5239, Covsr or GENERAL Sessions.—Part 1—Held by Judge Gildersleeve.—The People ys. Thomas Camp- bell, burglary; Same vs. August Schmidt, grand lar- ceny; Same vs. Rafarle Guerato, grand larceny; Samo vs. John Hall, grand larceny; Same vs. Frank Murphy, larceny from person; Same vs. Michacl Ward, larceny from person; Same vs. Emelia Ra- valto, extortion; Same vs. Frank ‘gon, larceny from'person. Part 2—Held by Judge Sutherland,— The ae vs. Orlando E. Bradford, abortion (co: tinued). COURT OF APPEALS. ALBANY, Dec. 9, 1878, In the Court of Appeals, Monday, December 9, 1878, Present, Hon, Sanford E. Church, Chief Justice, and associates, No. 45, Samucl B. Upham and others, assignees, &c., respondents, vs. The New York State Loan and ‘Triist Company, appellant.—Argued by William Allen Butler for appellant and J. Mullen, Jr., for respond- ents. No. 67. Andrew F. Hastings, receiver, &c., respond- ent, vs. Daniel Drew and others, appellants.—Argued by ‘Charles Jones. for appellants and William Allen Butler for respondent. No. 70, John Gray and another, Si pclents, vs. The Central Railroad Company of New Jersey, respond- ent.—Argued by Edward N. Dickegson for appellants and R. W. Deforest tor respondent. Appeal dismissed. No. 2. George E. Hodge, executor, &c., appellant, vs. Ellen N, Hoppock, executrix, &c., respondent.— Argued by John S. Woodward for appellant and John £. Parson for respondent. CALENDATS. Motion calendar for ‘Tuesday, Dec. 10, 1878.—Nos. 387, 389, 388, ‘alendar for Tuesday, Dec. 10, 1878.—Nos, 135, 136, 137, 138, 122, 139, 142, UNITED STATES SUPREME COURT. Wasuixaros, Dec. 9, 1878. The following business was transacted to-day in the United States Supreme Court:— On motion of James Grant Charles A. Clark, of Cedar Rapids, Iowa, and Joseph H. Shippen, of’ St. Louis, were admitted to practice, as were alyo Al C. Phelps, of Denver, Col., on motion of 8. Shellabar- ger; George N. Parkér, of Robinson, Ill., on motion of John Jt. Eden, and James T. Jones, of Demopolis, Ala., on motion of P, Phillips. No. #4, Henry Elcox et al., plaintiffs in error, ys. Sarah A. Hill, administratrix, &ce.—Iu error to’ the Cirenit Gourt of the United States for the Northern relates to the lisbility of innkeepers. The Court holds it as settled that wherever property is lost or stolen in a hotel, through the per- sonal negligence. of the gucst, the _ liability of the innkceper docs not exist, That if the guest does not leave his valuables in thé eafe provided by the innkeeper he must bear his own loss, unless it occurs by the hand or through the carelessness of the landlord or his employés. Judgment affirmed, with costs. Mr. Justice Hunt delivered the opinion. No. 207. The United States va. Samuel R. Throck- morton et al.—Appeal from the Cirenit Court of the United States for the District of California.—This was a suit brought to establish the title of t a States to 70,000 acres of land in Alameda an Costa counties, Cal., of which, it is alleged, the pre ent defendants became possessed by virtue of a forged and fraudulent Mexican grant. Decree . Justice Miller delivered the opinion. 704. George B, Peters, appellant, v: liott, administrator, &c,—Appeal fi t Court of the United'States for the Northern District | of Mississippi,—Decree affirmed, with costs aud inter- est. Justice Swayne delivered the opinion. | No. 8%. Adelaide Snyder et » Plaintiff in error, | vs. Theodore Sickles et al.—In error to the Cir- cenit Court of the United States for the Eastern Dis- trict of Missouri.—This was an action of ejectment brought to recover a largo ‘pet of land in St. Louis county, Mo., held by the defendants under @ United States patent and claimed by the plaintiffs under a grant from Cruzat, the Lieutenant General of Upper Louisiana in 1785, The Court holds that, in the absence of a valid and sub- sisting survey to attach the grant in question to a particular tract of lund, the title of the claimants under it is incomplete, and that it was not competent for the Cireuit Court to admit parole evidence to establish the boundaries of such a grant; that the said grant remains now where it stood | at the date of confirmation, never having been ad- | vanced to the condition where the grantee could | | | claim cither a patent or a patent certificate under the nfirmation act, The Court holds that the recent t of Congress, dispensing with the necessity of tents, applies only to cases where the parties are wally entitled to patents, and that the plaintiffs in error do not show themselves to be so entitled, Jus- tice Clifford delivered the opinion. No. 70. Waldo Marsh for use of James Ree: plaintiff in error, vs. The Citizens’ Insurance Com- euy of Pittebuty. In error to the Supreme Court of Ponnayivania,—Writ of error dismissed for want of jurisdiction. The Chief Justice delivered the opinion. No. 913. The steam tug Restloss, &e., appellant, vs. A. B, Perry et al.—Appeal from the Circuit Court of the United States for the Southern district of New York. Motion for super leas denied. The Chief Justice announced the deMsion. No, 634. Bank of the Old Dominion, pluintiff in error, v4, James H, McVeigh et al.—Motion to dis- miss submitted by P. Phillips and Couway Robinson, and opposed by H. 0. Claughton. No, 1st. The Northwestern University, plaintiff in error, vs. The People, N. B. Miller, treasurer, &e.— Motion to dismiss submitted by James K, Edsall and opposed by Matt. H. Carpenter. No. 1,035, Lafayette county, plaintiff in error, va. Cochran Fleming. In error to the Circuit Court of the United States for the Western district of Mis- suri.—On motion of Joseph Shippen docketed and dismissed, with costs, No, 1,006, James M. Tomeny et al., appellants, ¥ the Memphis and Ohio Kailroad Company et Appeal from the Circuit Court of the United stat for the Western District of Tennessee.—On motion of W. H. Phillips docketeted aud dismissed with costs, . $44. Pryor N. Coleman, plaintiff in error, vs. the State of Tennessee,—Argument continued by J. J. Heiskell for defendant in error, and by H. for plaintiff in ‘Adjourned until -morrow at twelve o'clock, CLEARING OUT THE CHEESE, Yesterday was boxing day at the International Dairy Fair at the American Institute. All the ex- hibitors were busily engaged packing np their ex- | to be pleased with their | furtable pens to the wet transfer from their o streets, THE PINCKNEY TRIAL. WITNESSES WHO SWEAR THEY REPEATEDLY SAW THE CIVIL JUSTICE UNDER THE INFLUENCE OF LIQuoR. ‘The lawyers and referee engaged in the case of Judge Pinckney filed into the Corporation Counsel's office promptly at half-past two o'clock P. M. yester- day. On the opening of proceedings Mr. Alexander H. Reavey, of counsel for the detendant, asked the referee for an adjournment until to-day, stating that Judge Pinckney was attending a funeral, and that he desired to be present at all investigations, The mo- tion was denied, Patrick Bergen, janitor of the Court House on Fifty-seventh street, testified that he had been in charge of the latter building about twenty months; he said he hud frequently seen Judge Pinckney under the influence of liquor, coming up and down stairs and on the bench; “I remember on one occasion,” | he said, “he left the bench and laid on a sofa in # private room; he had a doctor with him and his face. was cut; my sister, who lives in the Court Honse, wanted him removed, and this was done; on another occasion I saw him come out of the liquor saloon at the corner of Fifty-seventh street and Third avenue aoe strike a fellow with a coal shovel, knocking him lown. AN EASY BERTH, On cross-examination Bergen testified that his ap- ointment as janitor came to him “like a streak of ightning 5” that his salary was $1,200 per annum and used to be $1,500; he has a sister, a widow, who occupies the building, with her two daughters, whilo a Mrs. Wilson, who is paid by the city, does all the work, sweeping, scrubbing and cleaning. Mr. Reavey—Well, what do you do, then? The Janitor—All I do is to sec it is done. (Langh- r.) On continuation, Mr. Bergen said he was engaged in the liquor business ut the corner of Fifty-first street and Tenth avenue, and had frequently drunk at the same bar with Judge Pinckney, but had never seen him drunk in the Court House; ‘on the occa sion when I saw him intoxicated he might have been suffering from chills and fever, but,” added the wit- ness, with emphasis, ‘the odds were agin him!” Mrs. Ellen Phalen, the sister of the janitor, testified that she hved in the building, and that Judge Pinck- ney frequently came to the Court House at night and slept in his private room. THE INTERPRETER’S DISCLOSURES. Michael Angermann, formerly interpreter of the court, was recalled. He said that some time in 1877, September he thought, the Judge told him at two o'clock in the afternoon to wait for him until he came back. Mr, Reavey—Did you do 80? Witness—No, sir; I went home and got my sup- er, came back, played cards and had several drinks in McMann’s place. What time did qodge Pinckney return?” t one o'clock in the morning, and then he went up the alley alongside the Court House, and made such a racket that he disturbed all the neighbors.” On cross-examination Angermann stated that before he was appointed interpreter and city marshal he was a licensed vender and worked for a watchmaker at No. 119 Broadway, A BUTCHER'S EXPERIENCE, Moses Heilmann, a butcher, testified that he had been interested in two cases in Judge Pinckney’s Court, one of which was on his own account, while in the other he was a witness for his employer. Every time he visited the Court the Judge, he said, wus under the influence of liquor. On cross-exami- nation Heilmann admitted that the Judge decided his case against him. WHAT A CITY MARSHAT, DISCOVERED, Mr. Farley, a city marshal, said he had been nearly every day for three years’ in the Seventh District Court. He had closely observed Judge Pinckney on many occasions and had no hesitation in saying that he was frequently grossly intoxicated on and off the bench. Witness lad heard him violently rebuke counsel and witnesses, and on one occasion he had heard him call a witness a ‘damned fool.” At another time, he said, I saw him beckon to one of the Court officers—McKenna, The latter retired and soon came back with a glass filled with some liquid. The Judge uuredin litle water in it and drank it.” After the Court adjourned the marshal said he went to the bench, took the glass, smelled it and discovered that the judge had been’ partaking of Santa Crus rum. ‘The witness declared that Judge Pinckney would not sign any papers until Davies had examined them and put a punch hole through them, for each of which he charged $2. The marshals had all lost money through this. Farley testified that he once said to Davies, ‘What do you do with all the money collected herc? It must amount to #40 or $50 a day,” and that the reply was derogatory to Judge Pinckney. “Don't you make a return to the Comptroller?’ I asked. “The Comptroller be damned,” was the reply. On cross-examination the witness said:—‘I have repeatedly seen Judge Pinckney drunk on the bench, and sometimes I have heard him call out for people to take their hats off when nobody had hats on; I was in the room of the Sparta ‘Club when I saw Davies dictating to Judge Pinckney what cases should be decided for plaintiff and those in which judgment should be rendered for defendant: I soon was sent out of the room; Davies told me that if I did not call on his wife every month anc leave her $100 I would not yet any papers out of Pinckney’s Court.” The proceedings closed by a partial examination of Joseph Steinert, a lawyer, who testified that he fre- quently saw Judge Pinckney intoxicated. The wit- ness handed ina summons issued by the Judge, in which there was some discrepancy in dates. The prosecution insisted upon putting it in as evidence, so it was marked for identification. Steinert ad- mitted having held it for the purpose of using it against the Judge. The case was adjourned until to-day at half-pas+ two P. M. 3 TEUTONIA SAVINGS BANK. THE PRESIDENT AND SECRETARY ON TRIAL FOR PERJURY—A WITNESS REFUSES TO PRODUCE IMPORTANT DOCUMENTS, Judge Flammer yesterday, in the Fifty-seventh Street Court, continued an examination in the case of Henry Dauscha and other depositors in the Teutonia Savings Bank against John Scheuerman, the presi- dent, and Michacl Hahn, the secretary of the bank, Tho charge against the accused is perjury. ‘The complaint charges that in the report made by the defeudunts January 1, 1876, to the Superintendent of the Banking Department, the actual cost of certain Oswego city bonds was set down as $49,000, whéreas the real cost was only $47,500, This is shown by checks paid to George Opdyke & Co. and by the con- | fession of Michael Hahn in a suit brought last July by Jartes DB. Fish, receiver, against the bank's trus- tees and officers, Henry A. Werner, clerk of the Banking Department and representative of Superintendent Lamb, was the first witness called, He declined to produce the ‘Teutonia statement in possession of the Bank Depart- ment, which was considered necessary to prove the gpecial charge of perjury instituted against the de- fendauts. He added that he would allow it to be looked at, but only with a stipulation that it would be returned to him. Judge Flammer held that as Superintendent Lamb had failed to answer a subpena served on him an attachment might issue against him, and that Werner might be held for contempt of court. Counsel for the prosecution asked for the commitment of witness for contempt. The magis- trate said he would consider the request later. Michael Hahn swore the signatures on the two checks paid to Opdyke & Co. were his and Scheuer- man’s. The prosecution served a fresh subpona on Mr. Werner in Court to produce forthwith the papers re- quired. Counsel for the detence objected to the ser- vice as irregular. The magistrate said he did not believe a new subpena necessary. stice—Have you, Mr. Werner, in your posses- jon the report of the bank for January, 1876? Witness cee Mod a paper)—I haye a paper pur- porting to be such. “Teall upon you to produce it.”” ‘T refuse to do so unless the papers be allowed to remain in my custody during the adjournments.”” Counsel for prosecution—I object to that condi- tion. Witnesxs—I shall remain as long as | am wanted. “We will see,’ said counsel for the prosecution, “if there are no means to compel the production of these rs, “Well,” anewered the witness, “you will have to use those means.” ‘The case was then adjourned to the 17th inst, A THIEVING HERMIT. Moses Williams, @ cross between an Indian and a negro, was yesterday arrested in a hovel in @ piece of woods a few miles outside of Oyster Bay, L. 1, by Constablo Ludiam. He was almost naked, having on his person merely an old shirt and @ pair of panta- loons cut off at the knees, He was six feet under- ground, and his hovel was about cight feet square. So mo logs of wood were arranged in one corner to serve as a floor, and on them rested an old stove, from which a pipe ascended to the surface of the ground, but not above, for fear of detection. When he did his cooking at night he added a joint of pipe, aud removed it before daylight. In the hovel were found twenty pounds of feathers and the dry bones of poultry were numerous, ‘The farmers for miles around had been losing their chickens in pairs and this led them to conclude that some of the roxes that the huntsmen had failed to n were in the vicinity and preying upon , ables of different’ kinds were found in the cave, ax also a large iron pot which on Saturday night had been stolen from Mrs, Woodruff « yrs In it was found an extensive fficassee of chicken: Williams’ den was discovered on Stntay night | srest accident. It appears that he had fright- ned some ladies on one of the highways and fled inte th woutle: tranipir ent in pur xis were led the «imei kens, Williams’ a Shinnecock Indivn antl his father a ne Chipp seut him to jail for two mouths, reported the fact to seme | THE SHERIDAN SUIT. HISTORY OF A CURIOUS TRANSACTION AS TOLD BY THE PLAINTIFF WHALEN. The proceedings in the case of James A. Whalen vs. General Sheridan, now before Judge Wallace and ajury in the United States Circuit Court, were re- lieved from the auiness that has hitherto character- ized them by the production on the part of the de- fence of a number of affidavits of Whalen, the only witness examined, which appeared to be in direct con- tradiction of some of the statements given in his evi" dence. At half-past three o'clock the Court asked Mr. Beckwith whether it was worth while to con, tinue the cross-examination any further, and, after a short consultation with counsel, an ad- journment until this morning, at eleven, was taken, ‘The following is a summary of the cross-examina- tion:— James A. Whalen said he was in business at New York, in 1858, and that he manufactured watch move- ments at No. 23 Maiden lane; he went to New Or- leans in 1862, and was then worth from $3,000 to $10,000, and went into the plantation business; he carried on the Kiloona plantation alone, but for the firm; the lease was made out to Whalen, Morgan & Conlon; that was the lease under which he held it in 1865; he knew T. H. Slater; met him in 1865; he did not make any agreement with him by which he could obtain possession of the plantation. The witness admitted that he und Morgan had an interest in the leasehold and other property con- nected with the Kiloona plantation on the 8th of August, 1867, Q. Did you not on the 1st of January, 1867, execute alease toM.T. Taylor, by which you surrendered the plantation, and for which you were to receive a rent of $6,500, A. Yes, but this was nothing buta swindle, and was done to protect myself. Q. Why did you enter into a siniulated lease and confess judgment ? A. About the 25th of November, 1866, Mark Hoyt sent Mr. Morgan up to the planta- tion and said that Mr. Hoyt was then stopping at the St. Charles Hotel and that Hoyt wanted to see me; Mr. Morgan and I went down to see Hoyt; Hoyt asked me if I knew that Griffin and Porch were insol- vent; that their paper was selling on the street at fifty cents on the dollar and that if I let them have my crop I should lose it; I told him that I id not think so and that I would go and inquire about it; I did inquire and found it was as Hoyt said; Hoyt said it was no use shipping them tkat crop, and said that he had yot a plan by which I could be protected; he said, “You give me a note for $30,000, and I will buy it in for you and pay you interest;”” I told Hoyt I did not like that plan, but ultimately I fell in with it; the prop- erty was ‘put up for sale and it was-bought in for my and Morgan's interest, and that was the way we rotected ourselves; after a few months I found that ir. Hoyt was going to take the whole crop and all he could get; I was obliged to do the best I could, A number of affidavits and answers to interroga- tories which the witness had signed and sworn to were read, which contradicted some parts of his testi- mony, and he explained this by stating that he signed and swore to documents without reading them, and because his attorneys told him they were “all right.” Ho discontinued that practice, he said, near the close of the Mark Hoyt suit. ‘In reply to Mr. Beckwith as to whether he had read the com- plaint in the presont suit before he swore to it, he said he had, Mr. Beckwith then read the clause in the complaint in which it is alleged by witness that Sheriden seized a certain number of hogsheads of sugar and molasses, and Whalen admitted that those were sold by Slater’ three days before the issue of the order, and that Sheridan only got the money. ‘This answer caused great laughter, and the Court was immediately adjourned. Mrs. Josephine Shaw Lowell, of the State Board of Charities, yesterday presented s communication to the Board of Apportionment containing some inter- esting statements as to the treatment of the insane and the necessity of increased accommodations for such patients at the public institutions. Mrs. Lowell asserts that ten months ago there was an excess of more than one thousand insane patients under the care of the city for whom there was no adequate provision. Since that time the number had in- creased by 200 and very little had been done during the year to house them properly; 400 would probably be provided for by the lst of January, but the rest would remain crowded together, many of them #0 laced that they constantly irritated each other. for the following appropriations from the city :—$20,000, to finish the west wing of the Insane Asylum, Ward's Island; $25,000 to remodel the upper floor of the same, in order to afford single rooms for violent cases; $25,000 to rebuild the lodge on Black- well’s Island, totally unfit for insane patients or any other human beings; 312,500 for two new pavilions for insane women ou Hart's Island, The communication further states that ‘unless some effective mesure of relief is adopted the city may be roused by some fearful catastrophe, an epi- demic or other calamity occurring in one of the asy- lums, and airectly traceable to the erucl crowding of hundreds of maniacs into buildings quite unit for them.” She also asks that the appropriations for salaries should be large euough to provide adequate care, and concludes by suggesting that no approprin- tion'should be made for the outdoor poor or for the adult blind from the general tax levy, but that in place of these appropriations they should grant from the Excise fund $60,000, to be divided between the Society for Improving the Condition of the Poor and the Society of St. Vincent de Poul, and to be distribu- ted by these societies according fo their discretion, all applicants for city relief being referred to them for examination and care. By this plan Mrs, Lowell thinks the poor would be better cared for than at present and the general funds of the city relieved to the amount of $60,000, ‘The paper was laid over for future consideration, THE FITCH HOMICIDE. A SATURDAY NIGHT DEBAUCH WHICH ENDED IN A TRAGEDY—TWO MEN ARRESTED. Daniel Fitch, the engineer of the Metropolitan Ele- vated Railway who waa fouyd in an unconscious condition on Sunday morning, opposite No. 22 South Fifth avenue, died early yesterday morning at St. Vincent’s Hospital. Coroner Woltman empanelled a jury and viewed the remains, after which he set the inquest down for Thursday next. Deputy Coroner Cushman held a post-mortem and found that death had been caused by fracture of the skull, ‘The three companions of deceased were locked up inthe Fifteenth precinct station house on a charge of intoxication. One of these men, Napoleon Tibbs, yesterday accompanied Dotectives Adams and Crow- ley, of the Fourteenth prec to the scene of the. encounter. He first took the officers to the Van Dyke House, Bayard street and the Bowery, whore the deceased and his three friends had been carousing on Saturday night. They had there, he said, fallen in with three men who were strangers to them. The party got into a wordy war over tho respective muscular merits of Tibbs and one of the strangers, whom the former subsequently identified as a man named Keating. Tibbs challenged Keating to fight, but they were separated before — blows had been exchanged, Tibbs and his friends then walked to Mulberry street, where they were joined by their former belligerent companions, Here they continued their quarrel, but an officer happening to come along they separated, Tibbs and hix friends going down Mulberry to Worth street, while the opposing foree sauntered in the direction of the Bowery. They had woceeded as far as No. 187 Worth street when their ate opponents overtook them. One of these was armed with a heavy oaken bale stick, with which he struck Tibbs a violent blow, while another man shoved deceased down a steep cellar, his head strikin with great force against the stone steps. Deceased was assisted to his fect and half carricd, half dragged to Ne where he dropped in an ntly removed ut's Hospital. TWO OF THE ALLEGED ASSAILANTS, In the meantime the assailing party had fled. Cap. tain Brogan, of the Fourteenth pre at midnight on Sunday arrested two men on suspicion of having veen members of th iling party. They are Will- jam ng, of No, 379 First avenue, and William Kelly, of No. #41 East Tweuty-fifth street. The for- mer made a desperate resistance, but was promptly overpowered. The two men were locked up Sunday night in the Central Office and were taken to the ‘Tombs Police Court yesterday. Judge Kilbreth re- manded them until this morning to afford Coroner Woltinan and Captain Brogan an opportunity to ar- rest the third assailant. ‘Tibbs fully identified Keating and Kelly as two of tho parties who hed assaulted himself and deceased, and pointed out Keating as the man who had thrown Fitch down the flight of stone cad FUNERALS YESTERDAY, ‘The funeral services over the remains of Mr. Alfred Colvill, for more than thirty-tive years a member of the Stock Exchange, were held in Dr. Ormiston's Re, formed Dutch Church, Fifth avenue and Twenty ninth strect, There was a large attendance of his fellow members of the Stock Board, and, after the usual ceremonies, the remains were taken to Green” wool Cemetery for interment. ‘The funeral of the late William J, Hughes, presi- dent of the Royal Canadian Insurance Company, took place at the Church of St. Rose of Lima, Cannon near Delancey street, The Rev. Richard Bronuan off- ciated a celebrant, Rey, Father O'Gorman ax deacon, ih Nicholas Hu wl the Rev. BE, ok place at his peomd street. place at St. Lu hryard, The obsequies of the late Rev. Ansel Loo, for a nwiaber of years minister of the Jewish Congregation B'nai Jeshurun, attracted a large number of Israelites and nearly all of the Jewish clergy now in New York to the deceased's residence, No. 713 Madison avenue. Rev. Dr. de Sola Mendez, of the Nineteenth Street Synagogue, ofliciated and read the Hebrew prayers appropriate to the occasion. ‘The officers of the He- brew Benevolent Society acted as pallbearers, The remiins were interred in the burial ground of the Cougregation Shearith Israel, at Cypress Hills. ROBERT HELLER'S WILL. THE MAGICIAN ORDERS THE DESTRUCTION OF HIS TRICKS, AND MAKES A SOMEWHAT PECULIAR DISTRIBUTION OF HIS PROPERTY, The will of sobert Heller, the well known magician, was submitted for probate yesterday in the Surrogate’s Court. Robert Heller was the profes- sional name of the deceased; his real name is given in the, will, which reads as follows:— New pu and d stam i heret dunder the din rv omy horeby direct my executors and trustees, hereinafter named, to invest so much of my estate as may he sufficient to yield & yeurly income amounting or equal to the sum of which yearly income is to be devoted to the following annuities i To pay to Haidce Heller the sum of £1, during her natural life, in monthly instalments. To pay to my wife, Anna’ Maria Palmer, in monthly instalments, “a sum which shall be equal to £50) por, qunum, of which said sum an amount aural 0 £125 shall be paid for the support of my wife, Anna Maria Palmer, in liew of dower so long as she may ingle; the balanc pplied by my wife lian of any childre he evout of her pport, ed H ntenance of my children, Mary Adelaide Annie Palmer and Joseph Henry Palmer, share and share alike: but upon the death of either of my said ehil- n then the legate: the child: wi have'died, amounting t daughters conse to £40, a8 in full for and of all claims upon my estate or Togacies under my will. Provided, however, my said son shall attain the age of twenty-one yours, then the legacy of £125 per annum hereby directed to be paid for his education, Support and maintenance shull ceare. to. be paid. anil he shall receive the just and fall sum of £40 in ful and of all claims upon my estate or legacies under my will. That whenever the legacies or annuities hereinheforo directed to be paid to my wife and children, or any portion thereof, shall cease to be paid, as aforesaid, by reason of the death, marriage or maturi er or all of them, then the por: tion or whole of the said annuity or annuities, so ceasing to be paid to my wife or children, shall, in addition to the aforesaid logacy of £125 per annum, be paid to Haideo Heller during her natural life. I hereby ‘ive to Haidee Heller, in addition to the anuuitios directed to be puid to her, the following articles of personal propert: ‘One clock, liquor stand, all tho jew which T ssed of, except. ‘my gold watch ‘also all carpets, as brackets, ticles of furniture about which there is vico or business secret. I give to my hai dour sister, Mrs, Fannie Gibbs, one clock, she to choo which one. give to iy dear brother, Angelo C. Palmer, of Hamilton, Victoria, Australia, all the rest of my estate, both real and personal, of whatover name or nature. He appoints his sister, Mrs. Fannie Gibbs, wifo of Mr. Richard Gibbs, of Seven Oaks, Kent, England, to be the sole trustee, and that she be permitted to take letters of administration without giving security, either as surety or trustee. ‘The witnesses are Charles N. Vilas, Fifth Avenue Hotel, and Elisha 8. Caldwell, No. 317 Fourth street, A PRISONER'S JUMP TO DEATH, JAMES WARD LEAPS FROM THE THIRD TIER OF THE TOMBS PRISON AND IS FATALLY IN- JURED, A young Canadian named James Ward, who resided at No. 221 East Fourth street, was arrested on Friday last for stealing a pocketbook containing seventy-five cents. On Suturday he was arraigned before Judge Wandell at the Essex Market Police Court, and com- mitted to the Tombs Prison in default of $500 bail to await trial. The jail house of the Tombs is constructed somewha, on the plan of a bechive, hollowed in the middle. The cells are arranged in four tiers around the outer walls and open upon narrow galleries, around which the prisoners are allowed to tramp for half an hour motning and afternoon for exercise, A prisoner's location is determined by the nature of the offence for which he is held, The first tieg or ground floor is devoted to the use of cou- demned criminals of all classes awaiting transporta- tion to Sing Sing and to prisoners arrested for mur- der, The second holds torgers, perjurers and embez- zlers, while the third and fourth are used respectively for petty thieves and persons arrested for misde- meanor. The third tier squad was out for exercise Seeeeey, afternoon and Ward was among the num- her. After several tours of the gallery Ward dropped out of the line and st for a moment to complain to the keeper that he was made uncomtortable iy the presence of another prisonver in his cell, and asked that he ets have it to himself. he keeper told him he would see to it, and Ward again joined the walking squad. He passed along to the end of the gallery and again dropped out of line, crouching in a corner, so that the prisoners in line behind him might Cae by. The gallery is skirted by a stout iron railing, breast high, which renders it impossible for any one to fall over it by accident. A prisoner who had finished his exer- cise and retired to his cell, near where Ward stood crouched away, says that as soon as the last man had passed Ward the latter turned for a moment to a narrow open window as if to take a last look at earth and sky, and then, rasping the railing with both hand: Brat over it. A dull heavy noise be keeper's attention to the bruised and bleeding body of the unfortunate man stretched upon the tiling near the large stove which warms the prison. Dr. Lam- bert, of life insurance notoriety, who ¢ on the first tier, and who was taking ¢ si time, ran to the would be suicide’s assistance, and directed the attendants what to do for him pending the arrival of an_ ambulance, which was telegraphed for by Warden Finn. Ward was removed to Bellevue Hospital, where it is thonght he cannot recover. The fall resulted in an ugly bruise upon the left tempie and the left side of his face, besides internal injuries. Deputy Warden says he remembers four cases of a similar ua- ture since 1856, but none of them proved fatal. Great care is taken not to allow a prisoner under the intin- ence of liquor when arrested to go upon the npper tiers until he is sober, and any prisoner who, by his actions, shows any mental ailment is promptly re- moyed to other quarters. CAPTAIN LEARY'S TRIAL, The trial of Captain Leary, of the Thirtieth pro- cinct, took place yesterday before Commissioners Nichols, Erhardt and Wheeler. The Captain was charged with intoxication and violation of the rule requiring him to enter the names of all callers upon the books. Sergeant Delamater swore that on the evening of April 16 the Captain had received in his private room a couple of friends whoxe names he neg- lected to enter on tho blotter. er in the evenmg, he said, the Captain cried “Fire!” and acted in # bois- terous manner, evidently from the effects of liquor. To rebut this ‘evidence’ the Captain summoned the other sergeants of his command, who testified to his having been sober on the night in question up to ten o'clock. A number of citizens, who had encountered him at various times during that evening, also sup- lied evidence confirmatory of thix, and several mem- Bers of the force stated that they had been in the sta- tion house during the night, but had not heard any commotion in the Captain's room. ‘The eae was then closed, the Commissioners withholding their decision. PUBLIC IMPROVEMENTS. The following proposals were opened yesterday in the Department of Public Works:—Paving with granite block pavement Vesey street, from Broadway to West street; lowest bidder, John F. Broderick, $10,665 50. Furnishing gas to markets, armories and other public buildings and offices from January 1, to December 1, 1879, Mutual and Harlem com- es, $2 per 1000 f w York and Manhattan, ; Metropolitan, $1 is. F my) m of Forty- second street bridge, between First and Second ave- Edward Freel, ot $30,404. It fat the archway of the bridge fell ce. The last time th ntract was let out to Jere- miah P. Byron at $23,: NATIONAL GUARD TAX Argument was heard in the Supreme Court, Kings county, yesterday, in the matter of the People ex rel. Henry Sears against the Board of Assessors of Brooklyn. ‘The relator is a member of the Forty- seventh regiment, National Guard, and claims that undor the act passed by the Legislature in 1870 he is entitled to an exemption from taxation on property during his istiment to the amoun $1,000, and that he is exempt from jury duty perp wally. pears, how: an act in 1875 redu erin of enlistn National Gui EMPTION, 6 to exempt taxation, Justice Pratt took the papers and reserved his decision, BROOKLYN BOARD OF ALDERMEN, At a regular meeting of the Brooklyn Board of Aldermen, held yesterday afternoon, Thomas McCann & Go, sent in a communication asking for permission to run a line of carriages from the Fulton ferry along Heury street and Clinton street to Third place; thence to Third street, to Ninth avenue, to Green- Christian and others, Ihe wiaened at the {tof the passage of The subject was re- A potition sue Ye fang, at Lhe ¢ wits ¢ Ninth gicoet bridge #0 as to ac larger voxsels at that point, terred to a committee, from If. 8 PERJURY AS A MATTER OF FORM, ‘Tremont, N. Y., Dec, 8, 1878, To rae Eprror or Tae Heraup:— Your remarks in to-day’s edition headed “Perjury asa Matter of Form” are very appropriate. In come mercial affairs perjury is carried on to an alarming extent, and many fraudulent transactions are only made possible by “perjury a8 a matter of form.” Where the incorrectness of an affidavit is too evident, thanks to the inventive spirit of the legal profession, it is sworn to “to the best knowledge and_ belief.” If reform is needed anywhere it is in our judiciary system, and especially in those points referring to commercial litigations. We need a plain, cheap, quick and decisive commercial law, uniform in all States of the Union, to protect the honest merchant and tradesman and punish commercial dishonesty. ‘The United States, the richest country on the surface of the globe, shares, in a commercial view, the same fate as England, of whom she has borrowed her old- Stylish, slow and expensive laws, while France, pro- ected by the best commercial laws now in existence, knows of uo financial disasters, notwithstans that an unlucky war and political disturbances th 1 to ruin her merchants financially. MERCHANT, piietiieihies stow MARRIAGES AND DEATHS, —_>—___—— ENGAGED. Batr—Jacopy.—Smion Barr to Miss Jacoby, both of New York, No cards, MARRIED. Fow.er—Lvucas.—In Metuchen, N. J., December 5, at the residence of the bride's parents, by Rev. H. Re Nye, Miss AmeLiA M. Fowier to Jorn H. Lucas, of Boston, Mas: No cards. Bachagp Homay—ScorteLp.—On December 7, at the resie dence of the groom, Gora W, Homan to Emma Ly Se Prnnock—Tooxen.—At the Reformed Church, Ohit- tenango, on Thursday, December 5, by Rev. Anson G. Chester, Frep Pensocn, of Chittenango, and Exnpa Josernrne, elder daughter of Samuel Tooker, of Chittenango Springs. DIED. ALexXANDER.—Sunday, December 8, ALICK James ALEXANDER, son of William and Mary Alexander, aged 15 years, ‘The relatives and friends are respectfully invited parents, to the funeral, from the residence of his 1,387 3d ay., at one P. M. to-day, Mary ATIBEX, 8. m Sunday, December 8, widow of Wm. H. Attree, aged 62 years. Relatives and friends are respecttully invited to ate tend the tuneral, at eleven o'clock, December 10, from the residence of her brother, Daniel B, Hart. Lincoly CLougH,—At Hudson, N. Y., on Sunday morning, Captain Jonn Croven, in his 70th year, Relatives and friends are respectfully invited te attend his funeral from the Episcopal Church,, ag Athens, on Wednesday, 11th inst., at two P, M. Connon.—Anniversary mass for the Rev. JOHN Ty . on Wednesday, ten A. M., St. Peter's Church hton, Staten Island. Conpetr.—Suddenly, on Saturday, December 7, ‘Tuomas ConBetr, in the 68th year of his age. The funeral will take place on Tuesday, December 16, at one P. M., from the residence of his son-in-law, No. 328 South 2d st., Brooklyn, KE. D. Draxx.—On Monday morning, December 9, 4878, Joxern Dnaxe, aged 82 years. Notice of funeral hereafter. FAULKNER.—At Nantucket, Sunday, December 8 Purse A. Hanson, wife of Joseph Faulkner. Notice of funeral hereafter. ND.—CAROLINE M., wife of James Freeland, h year of her age. Funeral from her late residence, No. 140 Columbia: Heights, Brooklyn, Tuesday, December 10, at two ° Siudson (N. Y.) and San Fran lease copy. udson (N. ¥.)and San Francisco papers: a Gorman.—On Sunday, December 8, Tes. Mary Goumanx, native of the parish of Ballingarry, county Limerick, ireland, aged 79 years. ‘The funeral will take place from her late residen: 759 Washington st., on ‘Tuesday, the 10th inst,, two o'clock P. M. Relatives and friends of the fae mily are respectfully invited to attend. HosteN.—On Saturday, December 7, Many M. F., only daughter of John and Mary Holston, aged 16 years, 3 months and 8 days. Relatives and friends of the family, the Sunday school and choir of St. Paul's Evangelical Lutheran, Church; also the members of Roland Lodge, No. 10, A. 0. G. F., are respectfully invited to attend the funeral, from her parents’ residence, 221 Hooper st., on Wednesday, December 11, 1878. Funeral services will be held at the Evangelical Lutheran (St. Paul’s) Church, South Ist and 9th sts., Brooklyn, E. D., at one o'clock P. M. Hovsman.—At Port Richmond, Staten Island, om Saturday, December 7, Captain Jonn J. Hoveman, aged 70 years. Funeral at his residence at half-past one and at the Port Richmond Reformed Church, T » Decem« her 10, at two P. M. Relatives and are in xited to attend withont further notice. Hoyrr.—Ou Monday, December 9, of diph' (CHARLES 8., son of Charles and E. Hoyer. «Funeral services from the residente of his paren’ 31 King st., on Wednesday, December 11, at one P. rad without further notice. KENNEDY.—On Sunday, December 8, 1878, Wrtaam Kennepy, aged 22 years and 6 months. Relatives und friends are respectfully invited to at, tend the funeral, from the residence of his father, ‘Timothy Kennedy, No. 35 Rose st.,on We le a seen ge ey o'clock, ; Troy and West Virginia papers please copy. Le Distant oe tae December &, Isaac Sy. Leensvunrcer, in the 71st year of bis age. Relatives, friends ot the ee and members of Mount Nebo Lodge, No. 257, and A. M.; Em City Lodge, No. 42 8. of 1.; Empire Stato Logs fjanhattan odge, ore 166, I. O, No, 460, 1. O. O. F B. B.; Members of the Progress , and Society of United Brethren, are respectfully invited to the funeral, from his late residence, 41 East 78th st., om Wednesday, December 11, at nine o'clock, No flowers, LINNEMAN.—At his residence, 276 Throop 8V.9 Brooklyn, after a lingering illness, Henman H. MAN, in the 57th year of his age. Notice of funeral hereafter, LorwENsTErIN.—On Sunday, the 8th inst., Lrorom® Lorwenstets, in the 43d_year of his age. Wasninaton Loncr, No. 19, 1. O, B, B.—BREerHe REN:—You are hereby requested to attend the funeral of our deceased brother, Leopold Loewenstein, from his residence, 183 East 73d st., on Tuesday, Decembeg 10, at ten A. M. JULIUS JONAS; President. H, A. Baxun, Secretary. —Monday morning, December 9, at his late residence, 348 West 44th st., Joun 8, Mayer, in the Glst year of his age, Notice of funeral hereafter. Morax.—On Sunday, December 8, after a short but. painful iliness, WinLiam Monay, in the aise yeae oe , & native of county Westmeath, Ireland. latives and friends of the family are re- spectfully invited to attend the funeral, from his late residence, 129 West 28th st., on Tuesday Decem- ber 10, at half-past nine; the to the Church of the Holy Innocents, Jith st. and Broadway, w! are: qniom mass will be offered for the repose of his soulg thence to Calvary for interment. wis. —After a lingering illness, at her t 26th st., Manx ANN Monnts, in the 93d of her age, ice of the funeral hereafter. McCLarx.—On Monday, December 9, 1878, of diphe theria, Apa A., daughter of: Benjamin H. Mary in, in the 8th year of her age. ice of funeral hereafter. McGowan.—On Monday, December 9, WiLLtaM Moe Gowan, aged 58 years. ‘The friends of the family are respectfully invited to attend the funeral from his late residence, 97 9th av., on Wednesday, December 11, at two o'clock. Nornis.—Sunday, Many Louisa Norits, aged 9 months and 28 days Relatives and friends are invited to attend the fune« ral from the residence of her father, Walter Norris, ‘No. 5 Sutton place, Eastern Boulevard, t haif-past twelve P, M. . J., on Saturday, December 0 NELSON Perens, in the year of ral services at his late residence in Madi on Wednesday, December 11, at eleven A, M.; the Park Presbyterian Clutch, Newark, N. J., at halfe past ‘ke P.M. Interment at the convenience of the family. Price.—On Sunday, December 8, Mrs. ANNLE Price, aged 68 years, Funeral from the residence of her son-in-law, N. Ke Thompson, 1,169 East Jersey st., Elizabeth, N. J., thie (Tuesday) afternoon, at three o'clock, Rocer.—On Monday, the 9th inst., Joun ©. Ly Rover, in the 76th year of his nae. His relatives aud friends and those of his sons, Ede ward H. and John, ave invited to attend his funeral, from the residence of his son John, 34 av., newr 148th st., Morrisania, New York city, on Thursday, the 12th inst., at one o'clock, RosexzweiG.—Mount Nevon Lopar, No, 257, Fe any A, M.—BreTHREN:—You are resy Te. quested to attend the funeral of Rosa, beloved of our brother, Ignatz Rosenzweig, from the late resi+ dence of the deceased, No. », on Tuesday more ing, at halt-past nine o'clock, S, order, DAVID WILE, Master, NATHAN Bentinen, Secretary. Bac rt.—On Monday, th’ inst., at his residence, est Mth st., ADAM TREDWELL SackeTt, in the Bist year of his age, Relatives and friends of the family are inyited ta attend the funeral, from the Church of the tion, Madison ay., corner of Jdth st. on Thursday, 06 ten A. M. It is requested that no flowers be sent. ScorreLp.—On Sunday, December 8, Goren Ge ScorImLD, in the 86th year of his age. Relatives and friends are respectiully invited to ate tend his funeral, at the residence of Mrs. Isaag Adriance, 129 Kast 25th st., on Wednesday, December 11, at one o'clock, It is kindly Pequested that friend will not send flowers, ‘TALLMAN,—At Nyack, N. ¥., December 8, CATHARTNI® 3, in the 65th year of her age, m Monday, December 9, at Nyack, on the Hudson, Epwarp Tows, aged 38 years, Funeral from tho restdence of hie father, John ‘rowt, Nyack, on Wednesday, December 1, at past tweive P.M. ‘Train leaves foot of at 045 A.M. Wapr.—At her residence, 81 King st., om v 0, ISTH, after a Burper , boloved wife of Stephen Wades tt the ear of her age, “rar take place on Thursday, December 12, Funeral will the above address, Suddenly, Jutta 8. Wann aged years, 11 montha. sel * Funeral will it a nang, a Ba st, °** SMM