The New York Herald Newspaper, December 19, 1878, Page 9

tng on business and dealing THE COURTS. Merchants To Be Protected Against Fraudulent Purchasers. WITHOUT HUSBAND OR SUPPORT. A Accident to a Doctor and His Estimate of Professional Losses. A decision of no little importance to the legal pro fession, but specially so to the mercantile commu- nity, has just been rendered by the Court of Appeals in the case of Gustavus Abbott, the Boston merchant who was recently convicted in the General Sessions of false pretences and sentenced to State Prison for three years. The Court affirms the conviction in the Court telow, and in doing so settles some interesting questions of lav. The complainant against Abbott was F. D. Blake, a merchant of Worth street, who claimed to have sold him goods upon a credit, out of which he was defrauded, Abbott representing at the time that he was solvent, whereas in fact he was in- solvent and had been for some time previous to the purchase. Mr. William F. Kintzing, counsel for Ab- Dott, presented the case to the Court of Appeals and asked that a new trial be ordered, contending there were errors committed upon the trial. Distriet At torney Phelps looked after the interests of the people. Tho opinion of the Court was delivered by Mr. Jus, tice Earl, and in consequence of its importance is given in full below: ‘The prisoner was convicted in the Court of General Sessions, in the city of New York, before the Re- corder, for obtaining goods of one Blake, iu that city, by means of false pretences. ‘The false pretences alleged in the indictment were that he had in his business an unimpaired capital of $30,000, and that he did not owe $35,000. Upon the trial there was sufficient evidence that these pretences were made, and that they were false, and that by means of them he obtained the goods, It appeared that at the time he obtained the goods he was utterly and hopelessly insolvent, and that in a little more than two months thereafter he was put into bankruptcy. The falsity of the pretences was shown mainly by the schedules of his assets and liabilities’ made by the risoner himself in the bankruptcy procecdings. ‘hey were, like any other oral or written declarations of the prisoner, competent for the purpose for which they were used. The Recorder charged the jury that before they could convict they must be Satisfied that Blake was induced by the false pre- tences to part with the goods, and there was sufficient evidence to authorize the jury to find that he did so tes with the goods. He also charged the jury that if they believed the representations were not such as to mislead @ person of ordinary business capacity they must acquit the prisoner, and there was cvi- dence for the ‘Jury that the representations were of such a character, The prisoner's counsel claims that ‘because the prisoner represented that he had a cupi- tal of $30,000 in his business, wud owed not more than $35,000, there was no repre- sentation that he was solvent, and that therefore Blake onght not to have been deceived. But the fair import of the representation was that he had a capital of $30,000 over aud above his liabilities; that he was worth that sum. It was atleast for the jury to say if that was not the pur- port of the representation and what he meant Blake should understand. ‘Lhe turther claim is made that, as the prisoner was put into bankruptcy within three months from the time he obtained the goods, he was punishable under the laws of the United States (United States Revised Statutes, section 5,132), which provide that “who within three months next before he commencement of proceedings in bankruptcy, under the false color and pretence of carry in the ordinary tourse of trade, obtains on credit from any person any goods or chattels with intent to detraud,”” shall be punishable by imprisonment for not more than three years; and that therefore he could not be unished for this offence under the State law. That w provides that any person who, with intent to cheat or detraud another, shall designedly, by color of any talse token or writing or by any other false pretence, “obtain from any person any money, per- sonal property or valuable thing,” shall, upon convic- punished. It will be seen that the scope of the two statutes is widely different, and that thoy can stand together. Upon the allegations contained in this indictment the prisoner could not have been indicted and punished under the United States law. But even ifthe United States law had embraced in its terms Precisely the offence charged in this indictment it is not believed that it would have nullified or super- seded the State law. As suid by Mr. Justice Daniel, in Fox ys. the State of Ohio (5 How. U. 8., 410-434), “the punishment of a cheat or a misdemeanor prac- tised within the State and against those whom she is bound to protect ix peculiarly and appropriately within her functions and duties, and it 1s dificult to imagine an interference by the general yovernment with these duties and functions which would be regular or justifiable.” (See also Commonwealth vs. Walker, 108 Muss., 309.) Therefore, finding no error in the record, the judgment must be affirmed. Abbott is at present confined at Sing Sing State Prison, where he will serve out his sentence unless pardoned by the Governor. SEPARATION OF HUSBAND AND WIFE. A suit brought in the Court of Common Pleas by Dvide Dupré, as trustee for Clara Rein, against Philip Rein, and in which a decision was rendered yesterday by Judge Larremore, presents some curious and in- teresting complications. It seems, from the aver. ments in the complaints, that the defendant, Rein, and his wife, Clara Rein, on the 21st of September, 1874, entered into articles of separation, whereby th defendant agreed with his wife and Dupré, as her trustee, that his wife and himself should live separate, It being also further stipulated that the defendant should’ pay to the plaintiff as such trustee $25 per week for the maintenance of his wife. In con- sideration of this the trustee covenanted to bear the defendant harmless from all debts of his wife. Each of the parties was bound by mutual convenants to carry out this agreement. ‘Che plaintiff claims that ouly three weekly instalments aye been paid, aud that there ix due to him, as trustee, the sum of $3,625, tor which sun, with interest, he brought this suit. ‘The defendant demurred to the compiaint on the ground of defect of parties plaintiff, it being | claimed that the wife, as the real party in interest, ground of demurrer ont ax bemg of the al gations in t puyplaint. Larremore, in hie jecision, overrules the first ground, holding that the | contract with plaintiff was for the benefit of another and constituted him a trustee of an express trast that he alone would be liable to the husband for the wife's breach of covenunts, and that the action is wroperly brought in her name. He holds, turther, at “the courts have never 1 ntenaneed any agrecment betwee: wife that secks, independ 4 practical dissolution of tl | ion, und that the obligation of the husband to support and the trustee to indemnify as provided in this agree- Ment has been repeatedly upheld by express judicial inarriage ri sanction w en there has been a present and actual Tudye Larremore then proceeds to cite numerous English and American authorities in sup- port of this proposition, and in concluding his re- Inerks on this question s From the cases cited the conclusion tollows that in articles of separation tween husband and wife through the intervention of a trustee the covenant on the part of t husband | to pay 8 stipulated sum for | support and that of r trustee to indemnify the husband from liability for her debts are not In discuss. illegal or contrary to public polic ing the remaini c the allegations o| says:—"Tho plaintiff has treated the agree! Question as an instrument for the payment ot u only, Upon this point T think he has hended the spirit aud intention of the st contract on the partof the jusband to pay support of his wife was enviror by conditions p: teaent or concurrent whic constituted — th tonsideration of the contract. To set forth an agreement of this character in extenso tnd declare # breach of it for failure to pay, is not good pleading. It dots not appear that the contemplated separation ever took place. Aw the law only tolerates such an agreement when it can be enforced by a third person acting in behalf of the wife, all facts by way of inducement should be Pleaded to enable the Court to decide whether or not & prima facie case is presented. Upon this branch of the demurrer the deteudaut must prevail, with leave to plaintiff to amend his complaint on payme costs. Upon the other issttes of the ease the d rer is overruled, with leave to the defendant to auswer jou as to the sufficiency of on payment of cow * DR. MO’ ACCIDENT SUIT. ‘The sovond trial of the suit brought by Dr. Alexan- dor B. Mott against the Consumers’ Ice Company was concluded yesterday before Judge J. F. Daly in the Court of Common Pleas, The action was to 1 $10,000 damages for injuries received by a collision cover betweon his carriage and one of the defendant's ice | J wagons in June, 1872, The Doctor claimed that on accotnt of his injuries Le was unable to pursue his profession for moro than ten weeks, and will, for the remainder of his life, be prevented from performing more than \wo-thirds of his professional work. ! defence is ayeneral denial. On the trial Dr. Mott testified as tothe effects of the accident, saying that he could not attend to his protessional duties, and particularly to hie night calls, He said that before ihe accident hisincouw was $22,000 and nader, but owing to the accklent it had ouly averaged $4,000 aud $5,000 por annth, On cross-cxamination, ho could | Rose Ann Gregg, grand laree | Boyle 1872, but Mr. Bune nal revenue, testified that Dr. Mott had rendered the returns for his incoufe for professional services im the following amounts:—For 1870, $3,140; for 1469, 2,295, and for 1867, $2,563. ‘The Doctor explained this apparent diserepancy by explaining that he had deducted trom the amount of his income his expenses for office hire and help, and for losses on a farm which he owned. Judge Daly charged the jury briefly and a sealed verdict was ordered for this morning. RIGHTS OF IMPORTERS. In the United States District Court Judge Choate rendered a decision yesterday on a motion made in the bankruptey proceedings of William F. Bearns to expunge proof of debt made by Lamothe & Co. In 1870 Lamothe & Co. contracted to sell William F. Bearns 1,500 casks of wine, to arrive, at @ fixed price per case, less the duties, upon a credit of sixty days, Bearus’ note ‘being taken for the debt. ‘Tho wine was entered at the Custom House by Lamothe & Co. and stored in a warehouse selected by Bearns, but in the name of the firm, Bearns withdrew 900 cases on authorizations trom the importers, svon atter which he failed, Sub- sequently Lamothe & Co. withdrew the remaining 600 cases, paying the duties on the entire consign- ment. Beurnes’ note fell due after the failure, and was not paid. It was contended that the firm had uo right, and that the title aud constructive possession to the wine had been vested in the bankrupt. Judye Choate decides that the firm had a right, and refused the motion, AT THE BAR OF JUSTICE. Francisco Di Jeane, the Italian who was committed to the Tombs by Coroner Flanagan on the 22d of No- vember last to await trial upon the charge of the murder of William Pease, the hackman, at No. 10 York street, by stabbing, was arraigned yesterday upon an indictment found against him for murder in Part1 of the Court of General Sessions. Upon being asked, through an interpreter, if he had coun- sel, le replied that he was too poor to employ one. Assistant District Attorney Lyons called the atten- tion of the Court to the fact, whereupon Judge Gil- dersleeve requested Mr, William F. Kintzing, who happened to be in court, to defend him, The latter consenting, a plea of ‘not guilty” was recorded, atter which the prisoner was handcuffed and taken buck to the Tombs, His trial will take place some time dur- ing the next term. SUMMARY OF LAW CASES. In the Court of General Sessions yesterday John Sullivan was sent, by Judge Gildersleeve, to State Prison for two years for attempting to shoot Officer Steele, Lester Beach was sent to the same institu- tion for three years and six months for passing a forged check. Vincent McGee pleaded guilty yesterday in the Court of General Sessions to defrauding stage companies by depositing in the money boxes pennies covered with tinfoil. Judge Gildersleeve sent him to the Penitentiary for three months. ‘The trial of Henry Baer and Marx Metzgar, charged with false pretences, was begun yesterday, in the Court of Oyer and Terminer, before Judge Danie Messrs. Howe & Hummel appeared in their behi and Assistant District Attorney Russell for the pros- ecution. It is alleged that the accused obtained fr Charles T. Seymour & Co. a large quantity of tobac through fraudulent representation. A large number of tobacco dealers were present. The second hearing in the case of Alfred and Felix Salomon, sons of Fanny Salomon, against whom the Commissioners of Charities and Correction are en- deayorizg, through the Court of General Sessions, to obtain an order to compel them to contribute to their aged mother’s support, came up yesterday at Judge's Chambers before the referee, William Moser, Jr. Major Noah and Counsellor Jaroslawski appeared for the Commissioners of Charities and Counsellor Higgins for the sous. ‘There was commenced yesterday betore Judge Bar- rett, holding Supreme Court, Special ‘ferm, the trial of the suit brought by Isaac V. French, receiver of the People’s Savings Bank, vs. Henry R. Van Dyke aud Cyrus Lutrell, former trustees of the bank. Some years ago the bank bought $70,000 worth of North Carolina bonds, which were, sold at a great loss. Several of the trustees have paid their share of the deficiency and the present suit is for the balance. Louis Blumgart und Max Hesselberger brought a | suit against J. David to recover five pieces of brown and biue union cloth, valued at $483 65, which, as plaintiffs allege, the defendant wrongtully obtained possession of and detains. The trial of the case was commenced yesterday before Judge Larremore, in the Court of Common Pleas. Thedetence is a yeneral de- nial. Richard 8. Newcombe appears for the plaintiffs | and Runkle & Englehardt for the defendant. In the Court of Oyer and Terminer yesterday cer- titicates were read from Drs. Charles A. Bacon and Alfred R. HAls, appointed, at the instance of the Dis: trict Attorney, that Charles accused of complicity in the $64,000 check forgery on the Union ‘Trust Company, is unable to appear at present for re- trial. ‘The case’ was accordingly adjourned for the teri. COURT CALENDARS—THIS DAY. Supreme CountT—Cuamners—Held by Judge Davis.—Nos. 47, 51, 68, G4, 65, 66, 73, 95, 99, 100, 102, 105, 119, 120, 122, 123, 125, 12 7, 138, 139, 143, 168, 171, 17%, 179, 180. Call begins at N Supreme Court—GeneraL Trrm.—Adjourned sine die, Surneme Count—Srrcta, Term—Held by Judge Barrett.—Case on, No. 580, French ys. Mason et al. No day calendar. UrREME Count—Cmcuit—Part 1—Held by Judge Van Brunt.—Case on, 1715!s, Cooper, Jr. Eastern’ Transportation Line and another. calendar, Part 2 Bo, 2401, 25 5, , 1606, 1608. Part 3—Held by Judge Dono- hue.—No day calendar. PERIOR COURT—GENERAL TERM.—Adjourned sine No day Nos. die. Supenion Courr—SrrctaL Term.—Held by Judge Speir.—No day calendar. Surenion Covrt—TriaL, Tenm—Part 1—Held by Judge Sedywick.—Nos. 384, 385, 386, 337, 115, a1 pt 329, 949, 884, 458, Part 2.—Adjourned for the ComMON PLEAS—GENERAL TERM.—Adjourned for the term, CoMMoN Puias—SPEctaL TERM—Held by Judge Van Hoesen,—No. lt 5i », A800, 4211, 1984, 765, 1, 5167, 5168, 5 4797, 2087, Part 2— Held by Chief Justice Alker.—Nos. 4806, 4020, 5 1» HOOS, GDL, GAL, sss, 4157, 4118, 362, 443 Part 3—Held by Judge Goepp. 4385, 4150, 5164, 4421, Tudge Lv Pe felonious assault and bat Joore, felonious assault aud batt Saunders aud John Hicks, burglary; Same vs, YY; Sume vs, Deunis Same vs. John Kawards, for- arney, asmault and battery nt oF OYER AND TeiMtiNER—Held by Judgo ‘The People vs. Henry Baer, talse pretences, COURT OF APPEALS. ALuaxy, N. ¥., Dee, 18, 1878, In Court of Appeals, Wednesday, December 13, present Chief Justice Sanford E. Church and asso- clates. No. 150, Davis 8. Bennet and another, respondents, H. Austin, impleaded, &e. resumed and coneluded by Sherman 8, Rogers grand larceny for appellaut; William Green for respondents. No. sil. The Pe laintif in error, v4. Frank M. Bak etendant in error.—Argued by 8. E. Payne for plaintiff in error; A. P. Laning for defendant in error; case still on. CALENDAR. ‘The day calendar for Thursday, December 19, 1878, is as follows:—Nos, U8, 64, 155, 157, 159, 160, 161, 38, UNITED STATES SUPREME COURT, Wastttxeton, Dee. 18, 1878, ‘The following were the procecdings of the Supreme Court to-day :— On motion of Mr. Roseoe Conkling, John I. Me- Cook, ot New York city, was admitted to practic were also Hiram T. Beakes, of Ann Arbor, Mich., on motion of K. P. Spalding and Charles J. Rowell, of Barton, Vt., on motion of G. R. Howe. No, 771, Jekse H. Settlemier, plaintiff in error, vs. William J, Sullivan, In error to the Circuit Court of the United States for the district of Oregon.—The controversy in this case relates to the title to certain lands in Marion county, Oregon, held by plaintiff in error and claimed by defendant im error under a «d States patent issued to his grantors. Sub- by LN. Dolph for plaintiff 1 rror, and W, Hill for defendant in error, under the twentieth 93, William G. Perris, for himself, plaintiff in nest Hexamer. Appeal trom United States for the Eastern or the € District of Pennsy!vania.—Argument concladed by J. J. mbs for plaintift in error. .M Ke J. ter, appellants, vs. 5 p Glenn against the present appellants to quiet (he title toa plantation of 720 acres, threo miles below erson, ‘Texas, Submitted by N.s. Herndon for wuts, and Isaac Collins for appellees. 3 The County ot Daviess, plaintiff in error, vs. Alfred Heidckoper, defendant in error. Error to the Cireuit Court of the United States for the West- ern District of Missouri.—This was a suit to enforce the payment of certain interest coupons formerly at tached to bonds issued by Daviess county to the Chillicothe and Omaha Railroad the construction of its road. tions in controversy the Court byulow was divi app eter the bonds in question were Megat and void impthe hands of a bona , urchaser for not tell what incoye tax he had paid during 1871 and value, fur thea reason that the rile company to ys. The | | Schubert was struc | mage,” said Machel, folding her arms aud facing tho legally organized until after the authorized vote of the qualified voters of the county aud the order of subscription? ‘Second—Whether a former judgment in this court in favor of the present defendant upon other coupons of the same bonds estops the plaintiff in error from pleading in law to werits herein, Argued by Joseph Shippen for the defendant in error aud submitted by W. P. Hall for the plaintiff in error. No, 86. The Bank of America, plaintiff in error, ys. Virginia and A. D. Banks—In error from the Circuit Court of the United States for the Southern district of Migsissippi.—This was @ suit at law to recover out of the sep arate property of Virginia Baiks sums due upon notes given or indorsed by her for'supplies furnished her husband and used in cultivation of two plantations in which she owned an interest im her own right. Argued by J. R, Chalmers for the defendant in error, aud submitted by A. B. Pittman for the plaintit! in error. No. 22. Otto and Rae et al, appellants, vs. Heman J. dticld—Appeal tron the Cireuit Court of the ited States for the Northern district of New York.— ‘e are pending in the United States Cireuit Court the Northern district of New York begun — by inerchants late Col- for sixty actions in “1864 against Heman J. lector of Customs at the port of New York, to recover excess of duty paid by them under protest on freight sundry Redfield, Dmimissions between November 1, 1853, and July 1, 1857. These merchants, 2 in number muted, present a suit in equity which is in- tended to restrain the late Collector from pleading the statute of limitatious in bar of the pend- ing suits above mentioned. R. G. Ingersoll opened rgument for the appellants. ‘The grounds upon which’ the complainants pray for equitable in- charges and terference are delay in’ the New York Cus- tom House in settling the amounts to be refunded; assurances from the ‘Secretary of the Treasmy that the statute of limitations had ceased to run against these claims, and that it was unnecessary to commence actions thereupon, and an agreement by Mr. Redfield not to interpose the stat- ute as a bar to such suits. On behalf of the appellee it will be argued by the Attorney General First—That a court of equity can interfere to re- move the bar of the statute only upon the ground of fraud, and that the Collector was not guilty of fraud. Second—Lhat a yerbal promise not to plead the statnte has uo offect as an estoppel or otherwise. Third—That the complainants’ laches in not apply- ing for rel: in the eee years subsequent to the filing of the pleas would be sufficient to prevent them from obtaining it now, and Fourth—That these suits at law must either be treated as against Mr. Redfield personally or as against the United States, and not, as is attempted, aginst both jointly or partly against one and partly against the other. | Adjourned until to-morrow at twelve o'clock, STRANGE BEDFELLOWS. A LONG LIST OF CELEBRATED INDIVIDUALS WHO ARE TO FIGURE SHORTLY IN A JERSEY CHAN- CERY SUIT. The Chancery Court of New Jersey will dispose of a case on the 27th inst. in which the names ot several individuals who have figurod prominently before the public are curiously intermixed, When the late Chief Executive of the United States had his summer capi- tal at Long Brauch and took the cares of goyermment and a surf bath together, and before the time when he knocked his American beaver against the crowned heads of Europe, his son, Frederick Dent Grant, was a chum of ex-Collector Murphy’s son, Richard G., familiary known as Dick. The two genial youths, appreciating the social attractions their respecti parents offered to intending residents at the Branch, | conceived the happy idea of investing the surplus of their allowances in real estate, and accordingly purchased some vacant lots not far from the solstitial seat of government. After holding it a brief period they proceeded to ornament it with that com- | mon article in landscape decoration, a mortgage, | which they secured from the Equitable Life Assur- ance Society of New York, the ex-President “giving the boys a lift’ by signing the bond. Finding the mortgage an expensive luxury Messrs, Grant and Murphy — signed | over for a consideration all right, title and interest in the lands to no less an individual than the eminent iet of the anti-Naturalization Bureau, John I Da- This gentleman was not in the least a yenport. palled at the single mortgage resting upon his newly acquired property, and straightway added another distinguished name to the list of those already con- nected with the property, no less an individual t! the ex-friend of the departed Kearney, ex-candidate for Governor of Massachusetts and ex-brick thrower of the House of Representatives, Benjamin F. Butler. Of the manner in which this great statesman be- came connected with this sand lot at Long Branch more anon. It would seem that ambitious fate should have been satisfied in linking together so many eminent men in, a matter involving only a small piece of ground, but it was not, and the cognomen of Judge Abram J, Dittenhoet of this city, appears on the records as the final consignee of the Long Branch lot. The first mortgage holders, the Equitable Life Assurance So- ciety, arc now foreclosing their claim, aud the hear- | ing Will take place on December 27. ‘Included with the several defendants in the action—Messrs. Grant, Davenport and Dittenhoeter—sre their wives, “who may claim some right of dower in said property,” OTHER GREAT NAMES INVOLVED. The list of great men connected with the little Sa- hara on the det coast would be incomplete with- out mention of the nawes ot Mr. Jay Gould, General Kiddoo, Bob Strahan, Charles Duell and Henry Thompson. When John I. Davenport bought from Grant and Murphy he received a loan trom Mr. Gould, and to secure this loan executed the mortgage to Butler, in trust. After the execution of this mort- gage General Kiddoo, Mr. Strahan, Mr. Duell and ex- Judge Dittenloefer signed some papers, and to se- cure them Daveuport made out another mortgage to them, Judge Dittenhoefer being trustee for the party. What wili be left tor this host of yreat men to carry away when the sale under the Equitable mortgage is held will, it is thought, only be dlecover: able with a microscope BOARDING HOUSE COURT: The boarders and the landlady were before the Jefferson Market Court in high dudgeon yesterday, Mrs. Gallagher and her spouse declared that Mr, | Schubert and his spouse had much abused them after failing to comply with their simple demand for mon Mr. Schubert had given Mrs. Gullagher warning that he would sojourn no longer with her and that he would quit her establishment right away, Therenpon followed a difficulty which was somewhat | yraphicaily described by Rachel, the colored cook in the pension Gallag! Was there a yeral row, Rachel, when this m pening by Mr. Gallagher asked Counsellor Leo Schw “Well, | yuess dere wor a row; jes a slight serim- Mr. | Court. | ing 1 us how it occurred, Rachel. “How it ‘curred? How it ‘curred. Why, dis yere | wor de way it ‘curred, Mast Schubert he com down | to brekost and Missis wor in the dining room. Mast | Gallagher wor too. Fust ting | know'd L hear | Mar tchuber’ an’ Missix agrowlin’, and then Missis she t ‘roun'de table and Masr Sehubver’ wor | stan'in’ dure too, He done gone push Mixsis, an’ | | Masr Gailagher smash him wid a tumbier wn’ dar wor de debuil to pay fo" whi | “Who hit frst, Rachel ? You must tell the truth | now,” quoth Mr. Schwab, who was defending Schu- | bert tor the alleged ussanit on Mrs, Gallagher, | “IT dunno ehi.e. i dauno for shuah.”” “Yon told us you saw it all.” | ; Ldone tole you saw itall, I did; ‘axing wroth. ‘w 1, now tell this Court the truth.’” “T done tole de truf. Nigga won't lie fo’ white fork, ‘cos white folk won't lie fo’ nigga. Mass Schubert want his bekt Missis done tole him he can't hab it. Den dar war a muss." “Is that all? “Sho! Atn't dat nuff! Look at my arm. Black as | itar you can see de mark of a ylass dat war flung at Mas’r Schubert by Mas’ Gallagher."* Nothing more lucid than this could be obtained from any of the Witnesses, and as the combatants | were equally to blame and nobody was seriously hurt, Judge Utterbourg advised them to return to Wash- ington place “[ GUESS I ARE SO FRINCH.” Wandering along Sherman avenue, Newark, N. yesterday morning, # middle-aged woman with d hevelled hair and disordered garments was found by the police and brought to the station, as she was not able to give @ proper account of herself. Subse quently she was placed before Police Justice Otto tor disposal. “What is your name est tones. “Me name is Madam Mary Bowei said the womans with emphasis, “I am as dacent a woman as ever stud straight in « pair o’ brogaus,” she continued, “but L was burnt out o° house an’ howe in Torinton on the night o' the bloody twel'th o' July, "Twas sot fire to—l know it was—so as to roast me and mo childher, five of ‘um i have, God bless ‘uim.”” “What became of you after that 2” tuk me t’ de Newark He y home, dey sed, Holy Father. De; priests, dat « big fat cross man, a man, and dat Lintst amarty hin found,he wasn't atowney o mine, but a Luthery man. I wudnt marry de best man dat ever lived if he | | asked the Judge, in his bland- ‘ome from?” “L guess Tare so Frinch; but L was born in Ire- | Me mother was a Frineh descendant and me satire of South Germany.” in-law is th “Who stip) “Oh, the ad Roger O'Burns, @ Ireland, they send mey to pay m The usaclam) wen remanded and will be sent to the asylum whence it is thought she Las escaped, OUR COMPLAINT BOOK. [Nore.—Letters intended for this column must be accompanied by the writer's full name and address to insure attention. Complainants who are unwilling to comply with this rule simply waste time in writing. Write only on one side of the paper.—Ev. Henan.) FIRE UP. To Tre Epiror or THE HERALD:— ‘There as been a great deal of talk lately about heating the cars on the New York Elevated Railroad, Icame down the whole length of the road Wednesday morning, and failed to observe anything that was worth making such an ado about. EADER. POST OFFICE BOX RENTS, , ‘fo rae Eprrok ov tHe HERALD: — Fully agreeing with “Box Holder” that charging $16 for a Post Office box isan outrage, and that $8 per annum would be ample, the writer would in- quire to whom a petition, having for its object the above reduction, should be addressed? — VINDEX, WANTS ANOTHER DIVIDEND, To Tay Eprtor oy Tar HeraLp:— Some time ayo Mr. Aldrich, receiver of the Mutual Benefit Savings Bark, died, leaving the affairs of that institution in an unsettled state, Why does not the Court appoint another receiver to examine and settle the afluirs of the concern up? The depositors would like to yet the remainder of their money if possible. The “Complaint Book” has helped us to yet two dividends, and we hope through it to get another. WIDGEON, TO WHOM CREDIT Is DUE, BELLEVUE Hosprrat, New York, Dec. 17, 1878, To tHe Eprron oF THE HERALD: ; From the account in this morning’s HERALD we see that you give the credit of taking James Murray to the New York Hospital when it should have been given to Bellevue Hospital. The captain of the Twenty-ninth Preeiuct telegraphed three times to the New York lospital for un ambulance, and not receiving one telegraphed to Bell Hospital, to which we re- sponded at once, arriving at the Twenty-ninth pre- cinct in less than five minutes after the call was re- ceived. ‘Trusting that'you will give the credit to Bellevue Hospital, to whom it belongs, we remain, FRANCIS J. MARTE JOHN GOE € , Operator, 'HALS, Jr., Surgeon, BAN To tHe Eprron oy tHE Henavp: At present the city is crowded with the class of swindlers kuown as “banco” or ‘“bunko” men, These scoundrels can be seen on every corner of Broadway. Spider-like they lurk in passages and hallways, ready to dart out upon every stranger who looks likely to prove a prey to their wiles. Their game is a very well laid one and likely to deceive. Once in utches the unsuspecting victim — is ’ to their dens, where he is led to swift financial destruction, rarely escaping without yielding up every cent of money that he has in his pockets. ‘These banco thieves are a dangerous set. Well dressed, pleasing in manners and keen judges of human na- », they rob many victims. ‘They put up at the hotels, where they have undisturbed inspection of the register of arrivals, and, until they are and kicked out, make many uc- nees, whom they lure to sured Not one in ten of their dupes ever make known their losses. It does seem @ burn- ing shame that this dangerous class should be al- Jowed almost undisturbed to “ply their vocation” in our city. Please call the attention of the authorities to these swindlers, and let the HERALD use its power- ful influence to have them punished and cleared out of the city that their presence disyraces. OBSECRATOR, THE JERSEY CITY FERRY, To THE Eprror or tHe Henatp-= The arrangements for the accommodation of the public at this ferry nced ventilating, although prob- ably few passengers have occasion to complain of want of ventilation, tor those awaiting the arrival of a boat on the Jersey side to take them across have not only a generous supply of air, but also a liberal treatment in the shape’ of a shower bath, adminis- tered free, gratis, for nothing. ‘There is, indeed, a waiting room, where passengers may scek shelter, but it is so absurdly placed out of sight of the greater number of slips that boats may come and yo without their knowledge, If a tithe of the attention bestowed upon travellers by the Penusylvania Rail- road were accorded to the ferry passengers the door of the ferryboat waiting room would be duly guarded and the guard instructed to call out the departure of the bouts for Cortlandt and Desbrosses streets and Brooklyn. The conspicuous absence of xitch a sim| contrivance compels passengers, in order to catch the first boat, to stand im the draughty ferry- house, thread their way through interminable strings of carts, drays and vehicles of ¢gvery sort, and to ‘wander trom slip to slip until the right one be found. In the same connee- tion I wish in the name of morality and common de- cency to protest against the simply bestial acco! modations of the so-called gentlemen's toilets. ill, if he can help it, trequent those places ley Would be degrading to civiliza- tion in some Western wild, but they are a standing and offensive insult to the population of two large cities, wantonly offered by a wealthy corporation which derives ‘a very large benefit trom the ferries. Do, Mr. Editor, investigate and ventilate this matter and earn the ‘thanks of thousands who share the views and feelings of THE SUBSCRIBER, BOARD OF EDUCATION, RESULT OF THE EXAMINATIONS—OVERCROWDING AND BAD VENTILATION IN CLASS KOOMS— OTHER MATTERS. A meeting of the Board of Education was held yesterday afternoon, at which the report of the Super- intendent of Public Schools was read. He reported that 180 classes had been examined, 133 of which were pronounced excellent, forty-four good and three fair, The Superintendent also reported having visited the House of Refuge, at Randall's Island, and examined the schools connected with that institution, The aggregate attendance in these schools was 875. The last clause in the Superintendent's report stated:—“On the 16th of | October last L submitted a report to your Board call- tention to the fact that the rule limiting the number of pupils to a class was flagrantly disre- yarded in thirty schools an fifty-three classes, which wore specified, Although no action in the premises has yet beon taken I ain yratified to be at port that the number of such violations of your rules has beon considerably diminished by the ‘voluntary action of the prmeipals themselves; so that it ap- pears from the montily reports made to me that this | suintary rule is violated now iu ouly eight schools and I fourteen classes. usideration sho! have je expecially a rule the dispensably necessai struction of the for the prop pils as well as the pi | their health, now so frequently endangered by the evils of overcrowding aud bud ventitation. ‘The Board of Trustees, of the Leuth ward, reported that, “having had their atteut alled in several class rooms in Grammar School No, 42, not only by wons direetly interested, but through the public the consideration.’ rt ut up in the ‘A large number of applicati various tradesmen to be allowed the priviloge ting their patent ventilators in the several school houses, Some went so far as to offer to put up the apparatus without charge if uusatisiactory. ‘Tne recommendation of Communder Henry Erben, | United States Navy, to the command of thé school- ship St. Mary’s, by the Presideut of the United Stat was objected to by the Board of Education. Commis: sioner Wickham raised the point that the appoint- ment was made by favoritism, and that such a p dent should not be encouraged. Miss Eliza M. Jackman was appointed I'vincipal of Female Department of Granimar School No. 36. Miss Jackman has been a teacher for twenty-two yea A resolution to make # holiday of the Friday after Christmas was adopied. EXCITED NEWARK OFFICIALS. ‘The “talk of the town” in Newark yesterday was the report published iu the Hera.p that efforts were being made to indict the Common Council for alleged improper use ot the public funds, It appears that on Tuesday Mr, William Plume, an insurance agent, wont before the Grand Jury and imade formal com. plaint that the Common Council had repeatedly or- dered the appropriation of moneys for unlawful purposes, At the last meeting of the Common Council & resolution was passed giving the reporters of the local papers—the regular attendants Council meetin a doncour of $100, a thing that has ears. The resolution was pron al the money paid ont passed authorizing the Finw to pur chase fifty copies of a history of Newark, to be sent to as many American couswlates, with # view to aid in spreading alroad information about Newark as 4 seat of manufacturing industry and skill, The same day that Mr. Phuue went betore the Grand Jury the Mayor vetoed this resolution, though it bad passed by an almost unanimous vote. proceeding is it cat than the Trifling as the whole 1 in Newark subpoenas Yestert y, commanding Com Blaine resolution. ot and City Clerk Sutph They will answer the sum- to ay | mouses to-day, | minister, | worth $00,000 or $7 NEW YORK HERALD, THURSDAY, DECEMBER 19, 1878.-TRIPLE SHEET. e, the deputy collector of inter- | which they were issued was not REAL ESTATE. The following sules were made on the Real Estate Exchange December 18:— NY LOUIS MEENA. re vclosi Kk buildings. with lot ast 2th st.» Henry Wildor Alles two four story bri yf Ist av., to plaintiff, sae h BY A. J. BLEECKER & SON ssuro salo—l. Hf. Jones, refereo—of ane lot, 100.11, No. 304 East 1dth ot..5 5,80 ft. eof ay.; to’ plaintiff... 2... ese aie m Foreclosure sale—Bradbi of the three sto briek with West sor James....... |. E. Sehermerhorn... OFFICIAL REAL ESTATE TRANS! The following is a statement showing the real es- tate transactions recorded in the Register’s Office December 18:— 75th sts s., 150 FL w. of 2d av. aud wife to Louise E. Nom. LOO Tt. &. Bruaner,. $500 Post road, ‘w. 's. Jacob Andra and 6,000 4,000 19,500 6,000 Sud st hn 1,700 154th st. of ks (referee) to Ver dst... 8, 479 ftw. of Sth Nehufer (referee) to CE, Me 1,600 Sud wt, 8. 8. OUD FL. w. of Sth same. 1,600 SIst st us, 3,000 Maudison “ai ws it iN 40. rles 8.’ Gunther and Blst st., 9. s., 175 ft. w. Lundinark and husband ath to Frederick W. 8., 150 ft Sune p Phoenix.. Shoe and Fulton st. x Bedlow, Edward A.. to Benjamin Rutgers st..n. of Hast Broadway Hauiricn O'Meara, & #. of Di i. Shufetdt, n. sof yenr. Sosson, Maria and husband, to Wil id others (executors, de.) i. of Bath st., w, of hay, Munn, w. of Lexington av. ED ASSIGNMENTS OF MOL 1 Bank to Charlos Burleigh 3. : $1 Jonstint 6,160 - 14 Decker, Clara, to Charles: Kuba, Abraham, to Israel OL, FH. Wenk... to Mayer Gottleib EF. Burehia d others (ex a, &¢.) albridice (1 Ziegler, Jacov, to Charles EVERYBODY MY No less than five Italian boys stood before Judge Otterbourg at Jefferson Market Police Court yester- day afternoon chattering like magpies and gesticu- lating violently. Their names were Matteo Seralino, Emilio Seralino, Francesco Priore, Giovanni Paloticri and Giuseppe Fanella. The Scralinos were the com- plainauts. The other three are shoeblacks and were the defendants, Before getting to the bar the shoe- blacks had been brought in by three stalwart officers and planted in front of the clerk, Mr. Eugene Oiter- bourg, to whom the Seralinos were making their complaint—that the three prisoners had knocked down Euilio and taken from him $56. No sooner did the latter set eyes upon the captives than he made a dash at Francesco and shouting, “He taka my mo- netta!” tried to knock him down. Oiticor MeSally thrust a volume of Holy Writ between them and pre- vented bloodshed, ‘The prisoners were arraigned, and Matteo Seralino related how his brother Emilio, who was about eleven years old, had told him that he found the $56 ia their house, and in an unguarded moment dixpiayed the wealth to the other three little shoebla who, thereupon, despoiled Lim of the treasure. “Well, Francesco, what have you to say?” inquired the Court of the eldest prisone “Eh! Jedge, £ no gotta noting a say io speaka me ina Fourteeuth street an’ svy to », me gotta de fifty dolla. ch him You see? Eh! bens taka de five dolla his boot, you know? Et! taka de nudda twenty- Ha outof his shirt an’ le giva me an’ nudda y some dolla, No knocha down! No steala, Corpo pawceho! Not" “What have you to say, Giovanni ?°* “Judge, [xpeaka you, you know, f cannot teil a lie! speaka someding but de’ tr Dise » Francesco, $7; de Giuseppe Datta be ept that a boy » gotta one Wateh, sella dat watel plenty dat 't y do with iva dat money outs, sent the for the money, and will have ther be: him to- PATROLMAN WELLS. Some of the morning papers yesterday in noticing the death of Patroiman Welis, of the fvurteonih pre- cinet, gave that official a histury and a mission which did not belong to him, He was never a Methodist nor ever @ clergyman of Except that his appe doubt, gave man who was was to every denomination. sanctimonious, Ww 5 the canard, he was @ inch au officer, and was therefore more secular than | ministerial in his habits, ‘The story about his dying 000 is likewise erroneous, He was a man of economical habits, and used to consider it «laudable boast that he could live on forty cents aday. Inthis manner he saved a considerable sum during is long service on the force, but his friends claim that he could not be worth imore than $10,000 at the time of his demise. oe MARRIAGES AND DEATHS, MARRIED. DeeMs—Broruenton.--On the 18th inst., in the Church of the Strangers, by Rey. Dr. Deoms, Pras Deems, M. D., and Grace, daughter of the lute nes H. Broraenros, of Cincinnati, Ohio. SINCLATIN— Wednesday, Dec he bride's parents, by the Re Mes M. SINCLAIR to Bites Gn Te—SM ; December 2, by the Re son Don Mes, youngest daughter of Kdwin Sunth, and yrand- daughter of Thomas C. Dorenus, of thus city, to Freperick Avaustus Stone, of Napies, Witsox—Borien.—In Brooklyn, ‘Luosday, Deceru: ber 17, 1878, at the residence of the bride's uncle c . Bent by the Kev, L. K. Dickinson, M i y, and M DIED. Apntan.—On Tugsday, December 17, Viraisrs, in her 70th year, widow of the late John B, Adrian, Relatives and friends are invited to attend the fu- neral, from her late residen 1 West S4th st, on ‘Thursday, December 19, at two jock, A Wort. —At Orange ,on the 17th te ~e af of Samuel and Sarah Arburtinot, ir, No I. ja Relatives aud frieuds are respectfully invited to at 9,050 i any other | joint, on Thursday, December 19, at 01 | be offe: 9 tena the funeral services, at the Presbyterian Chure! Moptelals, on Friday, the 20th inst., at half-past twe Aas. oxly child of Leopold and If mouths and 1d Funeral from 146 Waverley pl Pacrry.—In this city, suddenly, December 18, 1878, AMaNva A., wife of Robert A. Bagley, cormerly of Albany, N. ¥., in the 20th yeur of her age. Funeral sand intertmuent at ‘Troy, N. ¥. and Y., and Chicago, ML, Canourxe Luse, Mary Field Bates, of -Wednesday morning, December 18, ALicy we Aman, aged 7 ninyitis, aged ral at residence of her p ven o’clock A. M,, Thursday, 19th inst. Tuesday morning, December 17, 1978, wife of Peter M. Bayard. trom her jate residence, 446 West 224 sta. mber 19, at ha st ten o'clock A. M. December 17, Mrs. her age, at her son-in-law’s, Funeral, Fri G. King, Mount 5 ton Heights, 16th inst., sud> Haryad C. BeLKnap, in —On Wednesday, December 18, after a long and painful illness, RicHaRD Brows, native of Cork, Ireland, in the 57th year of his age. Friends of the fainily are respectfully requested to attend the tune trom his late residence, 223 Mul+ berry st., at hali-past one o'clock P. M., on Friday, sare invited to attend the fu. vsidence, No. OL Adelphi #t., on I. 7 West 44th «willbe held at the Chureb of between 5th and Madison ten o'clock A. M. December 17, after a long and painful illness, wkerelict of ‘Solomon Coben. telatives and he tamily are respectfully nd the funeral, on Thursday morzing, f-past nine o'clock, from the resi- orris Levy, No. 240 Wes Please omit flowers. please copy. anber 17, at his late resis Cuauncky L. Cooke, the Transfiguration, avs., on Thursday, 1 CosEeN.--On D., in the se. onds of the family are respectfully invited ta attend his fun; , from Trinity Chapel, West 25th st. on Friday, the 20th inst., at halt-past ten o’elock. CORCORAN. —-MARY coRAN, Widow of the lite Johu Corcoran, in the 64th year of her age, a native: of Sunagh unty Longford, Ireland. ‘The relatives and friends of the family are respecte fully invited to attend the funeral, from the res: of he} neo son, Peter M. Corcoran, No. 85 Hester st., om at one o'clock P. M. en, December 18, of parae years, H. CnooxeR, aged of funeral hereafter. —WILLIAM CRONNAN, a native of county, Tipperary, Ireland, in his 68th year, on Wednesday, December ‘The funera place on Friday, December 20, from his late residence, New York. s.—On Wednesday, De: at his lute ce, 435 East 56th st. Jaaes P. Drxos, in the ar of his age. Prayers at the house, at one P, M., Friday. Funeral sorvices at the residence of Miss Hubbs, at Rye. Care the depot on the arrival of the 10 A.M. traim w York, on Saturday FreNEY.—On Tuesday, December 17, Jane, beloved. wife of Patrick Feeney, in the 45th year of her age. Relatives and friends of the family are respectfully invited to attend the funeral, on Friday, Decomber 20, at half-pust one P, M., from her late residence, 120 White st. Ferns. apoplexy, of the late Cornell and Mary Ferris. Relatives and friends are invited to attend the funeral, at the residence of his the 20th, at one 0 t 1 5 to meet train for At Westchester, Tuesday, December 17, of 28, youngest son other, on Friday, % Fulton slip att Popy. December 16, at her lata New Brighton, 8. Lip ad year. 1 be offered for the repose of her residences Mrs. C. A requ soul, to-day (Lhursday), at Brighton, at ten A. M. ‘Interment in Calvary. are respectfully invited to attend. Carriages will be in waiting at Tompkinsyille landing upon arrival of 9 o'clock boat from New York. It is requested that no flowers be sent. x:,—In Brooklyn, on Wednesday, December 18, residence of his daughter, Mrs. James Smith, SL Jay st., Martin Grace, in the 70th year of his age, a uutive of the county of Tipperary, Ireland, ‘The friends of the family are requested to attend. his funeral from his late residence, on Friday, Dee cember 20, at two P. M. Haut.—in Brooklyn, on Tuesday, December 17%, Cuautes 8., third child of Robert B, and Annie Bs Hall, in the 7th year ot his age. Interment at Greenwood, Hasna.—At his home in New Britain, Conn., om *, December M, James W. Hasna, aged 44 9 ” 3 8 H C age. ‘jonds are invited to attend the funeral services, dence of her father, George Beatty, om, December 19, at a quarter to three o'clock. ‘s. Carriages in waiting at train leaving Central Depot at 1 o’elock. Brooklyn, E. D., December 18, REBECCAs , in the 63d year of her age. ‘The relatives and (riends of the fainily are respecte fully invited to attend the funeral, on Thursday, 19th inst., at half-past seven o'clock P. M., from hor late 102 Hart st. Her remains will be taken to ster county, for interment. ‘a. —Avousts, wife of Jacob Hysler, in the r of her age, Funeral from her late residence, 58 Prospect Placoy Thursday afternoon, December 19, 1878, at 2 o'clock. KavaNA.—At Port Richmond, 8. L, Tuesday, Dow son of Emily and the late 20th year of his ag at the Rev. Dr, Brownlee’s church, er 20, at two o'clock P. M. x.—On Monday, 1sth inst., Manx Kiernan, of county Longford, parish Abby Lara, im year. Relatives and friends of family are invited to ate tend the funeral, on ‘Thursday, lth, at one o'clock, from his late residence, No. 238 ‘ith av., thence to the ot the Holy Cross, #latbush, sdnesday morning, December 18% , Cayuta Lake, ABRAHAM LAWRENCE, Lawrence December 18, W1LLut nths. lock P.M, from the residence of his parents, No. 44 Bond st., Brooklyn, Moorus.—In Brooklyn, December 18, after only three days’ illness, of malignant scarlet tever, Goro W. Moone, only son of G. E. and Sarah Z, Moore, aged 9 sand 8 months, muins will be taken to Paramus, N. J. for inter ment on Friday. Funeral strictly private, om account of nature of disease. Munruy.—On Wednesday, December 18, ELIZaBETm F., wife of William H. Murphy, aged 28 years. itelatives and friends are respectfully invited to attend the funeral, from her late residence, 163 Cly- mer st, - oklyn, E. D., ou Friday, December 20, oue o'clock. -On Monday, December 16, 1878, of heart AKAM LouIsk, wife of Charles F. Olney, and only daughter of Jameson D, and Augusta Brown. rhe funeral servicw will be held at St. Peter's Epis- 2 on Thursday, December rij, Wientam J. it at his lace resi son of the late Samue Wednesday idm copal Caw th a ins will be taken to volawn Cenetary fe ' Qu Wen 18, at her lata 103 Kast su oldest daughter oe K 4 1s and the lute Mary Potts. Funeral will take place on Friday, December 20, af half past min from St. Lawrence's Ch Kast Sith st., where @ solemn mass of requiem Royck.—-On December 16, at Greenpoint, B. FRANK= nin Rovex, aged 27 years, son of the late Henry A, Royee. Helatives and friends, and those of Mrs. John Ia Boyd, are respectfully invited to attend the funeral, froin’ the Chureh of ‘the Ascension, Kent st., Greens without further notices. Jamaica papers please copy. Simpson.—Luesday, December 17, 1878, Mavatce Simpson, aged 2 years and 3 days, at his mother’s resi« dence, 11 Clinton st., Brooklyn. STEVENS.—On Tuesday, Joun J. SrevENS, aged 38 ‘ives and friends are invited to attend the fie nal, ou Thursday, 1th inst., at one o'clock P. Mug. from Methodist Episcopal “Church, Bedford sty corner Mort The Brothers of George Washington Camp, No. 1, 1 States War Veterans, Unit re requested to muster at their camp, Clarendon Hall, No. 14 Bast 13th ste, on Thursday. December 19, 1878, at hall it eleven. o'clock A. M., tor the ig the fue nerai of Brother John J, Stevens, from the Church coruer of Bedtord and Morton sts. By order JAMES M. TURNER, W. P. W. R. W. CHastpens, C.5. ‘THompsox.—On Wednesday, December 18, Ropent Tromeson, Jr., in the 7th yeur of his age. Relatives and friends of the family, also those of his son-in-law, John H. Seal, are respecttully invited. to attend the tuneral, Satucday, two P.M, from hie late residence, HL State at, Brooklyn. —On ‘Tuesday morning, December 17, Jasna years and 6 months, @ native of Bally { Trim, couuty Meath, Ireland. the family ure respectCully invited to ate tend the fineral, on Taursday, 19th, at one on from his late residence, corner Gansevoort and sta, Wasit.—Decomber 17, Many Wacs#, aged 64 yoars, daughter of Bamoud Bourke, county Cork, Leeland. Faneral from late residence, 419 Bast 4th fog er Friday, December 20, at ewo B. ML Relatives fricnds of the faniily ate invited to attend, Ww wduy, the Lith inst., after Ne 4 x, daughter of Joha D. and . aged 6 months and 2 days, and criends of the family <1 to attend her funeral, on Thursday, the th (ost, at one ¢ rk P.M. from the residence: of her parents, No. yh st. purpose ‘of atten Woov.-On December 17, Jous Woon, in his 67th dis are invited to attend the funeral, from his late residence, #4 Adelphi st. on Ptiday, 200M inatyy at two o'clock P.M. Viease ounit flowers,