The New York Herald Newspaper, December 24, 1878, Page 8

8 THE COURTS. Comparative Value of Oral and Written Evidence. TELEGRAPHIC TRIBULATIONS. Results of a Mother-in-Law’s Intemperance. An opinion of forty pages was filed yesterday by Judge McAdam, of the Marine Court, upon the mo- tion for a new trial ina suit brought by the Bull's Head Bank against Herman Koehler and others, The action was brought upon a promissory note made by Joseph M. Koehler and indorsed by Herman and David M. Koehler for $900 at four months, The de- fence attempted to prove upon the trial that prior to giving the note in suit it was orally agreed that at its maturity $300 only was to be paid and that a renewed note for $600 was to be taken at four months longer, on which, in turn, $300 was to be paid at maturity and a renewed note given for the remaining $300 at four months from that time. The evidence was, however, excluded upon the ground that it tended to contradict the writing and to substitute adifferent agreement in its stead. Judge McAdam, in his opinion, after reviewing all the cases upon the subject, holds that the ruling was correct. He decides that the frail and unreliable memory of man is not to supplant and contradict the infaliible evidence of a writing properly executed, delivered and pre- served, when its language is plain and unambiguous and has but one meaning. He quotes ‘rom 5 Coke, 26, a book written more than one hundred ‘and fifty years ago, that “tit would be inconvenient that matters in writ- ing, made by advice and on consideration, and which finally impart the truth of the agreement of the pai ties, should be controlled by averment of the par- ties, to be proved by the uncertain testimony of slippery memory.” He holds turther that the old elementary rule is still in force and ever will be; that the exceptions to it found in the books were al- lowed in furtherance of justice, and generally in cases of independent promises, the proof of which did not at all alter or vary the terms or legal effect of the writing sued upon. The necessity of keeping good the tender of the $300 cash and the new note of $600, by deposit in court, is also considered. After citing numerous authoritics bearing upon this ques- tion the Judge concludes by holding that no error was committed upon the trial and that the motion for a new trial must be denied. THE TELEGRAPH INJUNCTION. In the suit brought by Clinton G. Colgate against The Western Union Telegraph Company, in which Judge Blatchford recently rendered a decision that the plaintiffs rights in a gutta percha submarine insulator, used by the defendants, were valid, and ordered the appointment of a master of chancery to assess damages, an agreement was made before the same Judge yesterday as to the granting of a perma- nent injunction. The defend ints’ counsel, Mr. Gif- ford, presented a number of petitions setting forth the great public injury that would arise were the defendants enjoined from the transmis- sion of messages, and also that on all their lines, with the exception of 36% miles of wire, an indiarubber insulator, named kerite, and not the plaintiff's alleged patent material, was used. Plain- tiff’s counsel read an equally large number of affida- vits, setting forth that the kerite mentioned was not so valuable an insulator as gutta percha, and quot- ing the opinions of several experts in telegraphy to that effect. It was also stated by counsel on behalf of the Tc graced that they had offered to accept a trom the defendants of $100,000 per year, py that this was only a very reasonable compensa- tion to the plaintiff, and the Court was asked to issue the injunction unless the defendants undertook to take the license within sixty days. Ex-Judge Porter responded for the defendants, set- ting forth the injustice that he said would be done to his clients it they were compelled to pay for the next seven years, in which the plaintiff had an interest in the alleged patent, a license fee of $100,000 per year, which would be, said, one-thirteenth of the de- fendants’ profits, and urging the propriety of the Court granting a reference to ascertain the facts of the case betore a permanent injunction was granted. The further argument was adjourned until this morning. THE MOTHER-IN-LAW. Hattie Goxsen, a maiden of fifteen summers, fell in love with Christopher Haupt, and they, being in doubt as to whether their respective parents would consent to their union, took time by the forelock and ran away and got married. They immediately went to housekeeping, and everything went on lovely for @ few months until the interference of the parents of her husband, who were dissatisfied with the match. Her own parents, however, made up their minds to do all in their power to make their child happy, and sent a nice piano to her residence that had been chased for her prior to her marriage. Her hus- band also purchased a nice gold watch and chain for her, but her happiness did not last long. The mother-in-law caused a quarrel between the young people, and the result was the husband took the piano and watch and chain to his mother’s house and then abandoned her and ran away. Mrs. Haupt then demanded the return of her property from ner “mother-in-law,” and an action was commenced in the Common Pleas against Mr. and Mrs. Haupt, the husband's parents, for damages for the wrongful de- tention of her property. The case came on for trial before Judge Larremore and a jury yesterday, the plaintiff being represented by Colonel Spencer and the defendants by Senator Goebel, and resulted in a verdict in favor of the injured plaintiff for $192, VICKY CONNERS’ DEATH. Detectives O'Connor and Field, of the District At- torney's office, arrested yesterday Dr. Clarence M. Baker, of N: i East Tenth street and No, 59 Bond street, on an indictment by the Grand Jury that he signed a false certificate as to the cause of the death of Sarah Victoria Con- ners, the victim of alleged malpractice at the hands Orlando E. of Dr. Bradford, who was re- cently convic the Court of General Ses- sions and by Judge Sutherland to be imprisoned in Sing Sing Prison for fourteen and six months. Dr. Baker, it will be remembe Hed in the case and subsequently atte ‘onners. On the trial of Dr. Bradford hi tified that he had signed the death certificate, aswign- ing consumption as the cause of her demise: also that he had attended Miss Conners until her death, although admittir the witness stand that he had | not seen her for some weeks before her death. Dr. Baker was taken to the Court of General Se Hons. Assistant District Attorney Rollins, who conduc the prosecntion in the case of Dr. Bradford, caves that Dr. Baker be committed to the City Prison to await trial, Judge Gilders! directed that he be committed in detault of $2,500 bail. THE BAER TOBACCO CASE. The trial of Henry Baer, which has occupied the atteution of the Court of Oyer and Terminer during several days, was resumed again yesterday morning. The prisoner was recalled to the witness stand by Mr. William F. Howe, bis counsel, and testified sub- stantially that he mad ded sented entries from September, 1877, February, 187%, the time of his failun one day, just prior to making out his assignment, that had paid over $29,000 in Several xentlemn to prov acter of the ac hich Mr. Howe j lict urged that — should not be to saiae he had mistortune in the vicissitudes of — his basta se 6 dealings to become impoverished, and = claimed that the entire ereial community would totter if a vale be prosecuted criminally tor what was at most noth ing but a legitimate civil suit, Assistant District At- torney Horace 1, in his summing ap sp insisted th t ntations that he was solvent he knew his straitened financial condition and had secnred complainant's property with the intent to defrand, and that he should «uffer the consequence of these acts. Judge Daniels very exhaustively reviewed the on- tire evidence adduced in wee and charged the jury very au tly on the law and the facts, after Which they retired After nearly four hours’ consultation the jury came into Court and through their foreman announced Russ that they bad not agreed, and asked the Judge if the fact of defendant paying ® portion of the first in. debtedness would not excuse him. He said that it would no! 1 thereupon Mr. Howe asked the dndge to charge the jury that if, at the time the de- fendant obtained the goods, he did not know the firm was insolvent, or if the jury had any reasonable donbt on that point, they should acquit. The Judge #0 charged. the jury then again Petired, and at o quarter past nine o clock brought in @ verdict of guilty, with » recommendation to meres. A motion will made thie morning for 6 law Mean- the Sherif. SUMMARY OF In the Uni States Cireuit Court yesterday | Michael Connor and other counterfeiters, found Guilty last week, were brought before Judge Benedict for sentence. They were remanded for sentence, however, until the dd of January. Kdward Brady recovered a verdict against Macphor- s0n Smith and Donald Smith for $40 for injuries to bisstock. Mr. William P, Mulvy, counsel for plain- LAW CASES. rs | up his books, which repre- | trial. | time the prisoner was reinanded to the custody of NEW YORK HERALD, TUESDAY, DECEMBER 24, 1878—WITH SUPPLEMENT. tiff, yesterday claimed before Judge McAdam that he was entitled to costs under section 304 of the Code, although the amount is under $50. Decision was re- served on this question. Mr. N. A. Chedsey appeared tor the defendant. In the case of Catherine E. Stewart, committed for six months to the House of the Good Shepherd by Judge Murray, and on whose behalf a writ of habeas corpus was sued out, consent was given yesterday for a dismissal of the writ. Judge Davis accordingly or- dered such dismissal and that the girl be remanded to the House of the Good Shepherd. Harmon Hoover in Fotruary, 1877, bought the lot No. 20 East 126th street. An examination of the records im the Tax Office showed that the taxes tor the two previous years had all been paid, It turned out that the person owning the adjoining property had by mistake paid the taxes on this lot for these two years, and, on this discovery, the records were altered ac- cordingly. plied to Judge Potter for a man- damus directing that the records be altered to what they originally were. Judge Potter, in his decision yesterday, denied the application, holding that there is 0 law or principle to estop the payment of an un- paid tax. ‘There has already been published the particulars of the arrest on the 16th of November last of Rafael Di Grazia, charged under the laws of the United States of 1874, known as the *‘Padrone” act, with in- ducing two young lads—Carmin Amio Fosco and Stefano Fosco—to come here from Italy. Commis- sioner Osborn, as will be remembered, discharged Grazia, and_ the two lads were taken in charge by the Society tor the Prevention of Cruelty to Children and. subsequently placed in the care of the Commissioners of Emigration, in whose custody they are now de- tained on Ward's Island. [t being ciated that their detention is illegal, Judge Van Vorst yesterday granted a writ of habeas corpus, returnable to-day. James Kearney, said to be one of the leaders of the Third Avenue Railroad strike, who was convicted on Friday last of assaulting John Brown, driver of car No. 30 of the same road, whom, it was Claimed, he at- tacked because he accepted reduced wages. was yester- day called to the bar of the Court of General Ses- sions for sentence. Judge Gildersleeve observed that in view of the prisoner’s previous good character he was inclined to exercise as much clemency as possi- ble, though the circumstances warranted him in being reasonably severe. The prisoner was then sentenced to three months in the Freniieaiines: Acase of long standing was disposed of yesterday in the Court of General Sessions. In March, 1875, John Batterbury, janitor of the building No. 45 New street, Was arrested on suspicion of being oue of the masked burglars who broke into the apartments of David R. Price, watchman of the St. Nicholas Bank, on Wall street, and severely assaulted him, the idea | being to compel him to aid them in plundering the bank. The burglars, however, were disturbed in their purpose and ran away from the building. The P siomgpers Batterbury, who was caught in the vicinity, ing unable to give a satisfactory account of him- self, was at once arrested and indicted. He was ad- mitted to bail, but, despite earnest efforts, no evidence could be secured against him. Yesterday, in the Court of General Sessions, Assistant District Attorney Rollins entered a nolle prosequi on the indictment, stating that there was nothing but suspicious circum- stances against the accused and that there would be little possibility of convicting him before a jury. Judge Gildersleeve rere 6 directed his discharge. COURT CALENDARS—THIS DAY. Supreme CourT—CuHamBers—Held by Presiding Judge Davis.—Nos. 27, 59, 63, 64, 79, 81, 88, 94, 136, 158, 176, 179, 180, 193, 194, 215, 226, 21, ‘234, 237, 240, 245, 249, 258, 271, 2" Call commencing at No. 275. SUPREME “Count—GENERAL TeRM.—Adjourned sine dhe. Scrreme Count—SrrciaL Term.—Adjourned until January 2, 1879, Supreme Court—Parts 1, 2 and 3.—Adjourned for the term. Superion CounT—GENERAL TeRM.—Adjourned sine ie, Surerion Count—SprciaL Term—Held by Judge Freedman.—No day calendar. Sureriok Court—TuiaL Term—Parts 1 and 2.—Ad- journed for the term. Common P’ ENERAL TeRx.—Adjourned for the term. Common Preas—Equiry Term.—Adjourned for the term. ComMoN PLEAS —SpEctAL TeRM—Held by J udge Van Hoesen.—No day calendar. Common Pueas—Triat, TexmM—Part 1—Held by Ju Larremore.—Nos. 678, 1817, 799, 801, 814, 2022, 831, 815, 833, 834, 835, 836, 887, 835, 839. Part | 2—Held by Ju . F. Di , 550, 1805, 631, Nos. 1222, 995, 517, 1588, 1428, 1968, 741, 110. Manne Court—TaraL ‘Tenm—Parts 1 and 2.—Ad- journed for the term. Part 3—Held by Judge Goepp.—Nos. 5076, 4221. Count OF GENERAL Sxssons—Part 1—Held by Judge Gildersleeve.—No day calendar. Part 2.—Adjourned for the term. New York OveR axp TERMINER—Held by Judgo | Daniels,—No day calendar, UNITED STATES SUPREME COURT. Wasuincton, Dec. 23, 1878. In the United States Supreme Court to-day the following action was taken :— On motion of P. Phillips, John P. Hoyt, of Vassar, Mich., was adm tted to practice, as were also Robert N. Ely, of Atlanta, Ga., on motion of R. Fallingant, and Edgar M. Marble, of Ionia, Mich.. on motion of Attorney General Devens. No. 956. Frank ©. Kihlberg, appellant, vs. The United States—Appeal from the Court of Claims.— Judgment of the Court of Claims affirmed. Judge Harian delivered the opinion, No. 90. Rush Burgess, collector, plaintiff in error, ys. Salmon & Hancock—Error to the Circuit Court of the United States for the Eastern District of Vi ginia.—The single question presented by this case is whether an act of Congress imposing an additional tax of four cents a pound on tobacco took effect from the earliest moment of the day on which it was approved by the President, or only from the exact hour and moment when it actually received the lat- ter’s signature. The Court is of the opinion that upon the agreed statement of facts the government must fail, for the reason that in the present case the agreed time of the Presidential approval points out the earliest possible moment at which the act in question could become a law oF take effect, and that to impose upon the owner of ‘the tobacco a criminal punishment or a money penalty for the non-payment of the ad- ditional tax would be to subject him to the operation of an ex post facto law. The judgment of the lower court is, therefore, affirmed, with costs and interest. Judge Hunt delivered the opinion. ». 714. The City of Littie Rock, plaintiff in error, vs. The Merchants’ National Bank, of Little Rock— Error to the Circuit Court of the Eastern District of ‘Arkansas.—Judgment of the lower court affirmed, with costs and interest. Judge Hunt delivered the opinio: No. 775. A.C. Bradley, for use, &c., appellant, vs. The United States—Appeal from the Court of Claims.—Judgment of the Court of Claims affirmed, Judge Clifford delivered the opinion, Judges Miller, Strong, Field and Harlan dissenting. No. 955, Andres Dold, appellant, vs. The United States—Appeal from the Court of Claims.—Judg- ment aflirmed. The Chief Justice delivered the opision. No. 634. The Bank of - = Dominion, plaintiff in es H. & W un N. MeVeigh—Erre | from Supre Court of finer of Virginia.—Motion | to dismiss for want of jurisdi granted on the | ground that it nowhere appears in the record that the plaintiff in error set up or claimed any “title, right, privilege or immunity” under the con- | stitution or authority of the United States, which was denied him by the decision below. The Chief | Justice detivered the epinion. No. | error, vs. J #7. The United States vs. Fanny W. J. Inne- Thoexe three cases, appealed from the District Court of the United States ror the District of Louisiana, were all suits instituted under the eleventh section of the act for the final adjustment of private | Jand claims in Florida, Louisiana and Missourt. Tho decree of the lower court was in all three cases affirra written opinions. The Chief Justice ecision. . L. Gray, plaintiff in error, vs. William Blanchard et al.—Error to th ireuit Court of the United States for the Weatern Distric | Motion to dismiss granted for the reason that the amount in dispute is not large enough to give this Court jurisdiction. The Chief Justice delivered the opinion. do. 100, John H. Wilson, plaintiff in error, va. | James W. Goodrich, assignee, &c.—In error to the Su- | perior Court of Max«achusetts.—Judgment adiensed, with costs and interest, upon grounds stated tn Claf. man, Ket United States, 143, Lhe Chief the opinion. i. 3. W. and Susan B. Grigsby, appellants, ae ‘Purcell & Co. et al.—Motion to disiniss de- nied, No, 195. vs. The State of Louisial John 8, Williams et al., plaintiff in error, Charles Chuton, auditor, hoard when No. 473 is et al.—Passed, to b by it and guaranteed vy the State under ac 1860. The lowe rts decided against the plantift | on the ground that the bonds in question were not valid obligations of the State. Subiuitted by A. Hilot and Edward Janin tor plaintiff in error and J. Q. A. Fellows for defendant ih error onder tweutieth gale, ». 705, Sarah B. Hunt, plaintiff in error, vs. bad . Kant. tion to disiniss submitted by T. J ant and ©, W, Hornor and Py oxed by D. D. Lord. », 027. Alfred Lastrapes et. al., plaintiffs in error, Motion to distiss sub- opposed by T. J. Durant | D vs. Jules A., Beane e' mitt oy, P Phillips Hornor. » Sandusky Seat Company ot al, v8. «and “900, ‘Thomas oon tock et al.—Motions to adv: modiiy injunction submitted by W. N, Legg modification of injunction opposed by John #, Hateh nd Williara Bak w } No. 12, William J. De ‘Treville, plaintiff in error, ys. Robert Smalis,—-Appeal irom ‘the United States | District Court of South Carolina.—Argument con- | tinued by Solicitor General Phillips for decendant im error and concluded by James Lowndes for plaintitt | | in error, | Nos. 8 and 772. The Atlantic and Guif Railroad Company, plaintit in error, ve. The State of Georgia—Ertor to the Supreme Court, Georgia,—The plaintiff in error in these cases resists the collection of taxes ievied upon it by the State, on the ground that the taxation is in contravention of its original \3 of Michigan.— | reached. } No, 215, The State of Louisiana ox rel. Citizens’ | Bank of Louisiana, plaintiff ip error, vs Board | of Liquidation State of Louisi to the supe Louisiana | instituted by the relator to compel | fund certain bonds of the New ae | bile and Chattanooga Railroad Co: wi | Burke, Willian, to the Binizrant | charter, and it maintains in this Court that the act of 1874 aut said taxation is “contract, Argisd he that it impairs the obligations of contracts. - Rol Falligant for plaintiff in error and Rol Ely for defendant in error. Adjourned until to-morrow at twelve o’clock. JUSTICE PINCKNEY. At three o’clock yesterdsy afternoon the trial of Justice Pinckney was resumed before the referee, Mr. 0. P, Buell, the city being represented by Messrs. Graw and Miller and the defence by Mr. A. H. Reavey and ex-Justice Fowler. The afternoon was occupied in hearing evidence in rebuttal on the part of the de- fence, and in some tilts among the counsel, into which the referee was once or twice drawn. The testimony of Horace Goodhardt, a lawyer, went to show that he had attended at the court pre- sided over by the defendant during the past and present years, On those occasions he did not see the accused take any intoxicating lic 3 he was not drunk on the bench; he was ‘affable; he_ was clear- ae and understood the cases pending before im. Several other witnesses were called for the defence. Both Mr, Reavey and ex-Justice Fowler spoke to a mo- tion which they made for a week’s adjournment. This was strenuously opposed by the prosecution, and finally the referee caused an order to be entered adjourning the hearing till next Friday, at three o'clock. ‘The Corporation Counsel gavo it as his opinion yes- terday that the city could not be held responsible for Justice Pinckney’s law costs in the present suit. NOBODY WANTS IT, R. L. Cutting, Jr., appointed receiver of the Bank- ers and Brokers’ Association at the suit of Henry B. Smith and another, advertised that he would yes- terday sell to the highest bidder, at the Stock Ex- change (to quote the words of the legal notice), “7,795 shares of the capital stock of the said Bankers and Brokers’ Association, the same having been for- feited for non-payment of assessment levied by me. ‘The par value of each share is $100, ‘The authorized inane is 10,000 shares, on which $59 per share has been paid. An assexsment of $30 is due on cach share, and the shares will be sold for cash, subjoct to the payment by the purchaser of said assessment and all liabilities imposed thereon by law.” When the gong of the Exchange called the auctioneers to their stands but two persons other than the receiver and his auctioneer presented themselves, and the sale was adjourned until a later date. STREET CAR RUFFIANS. Adowntown bound Third avenue car was boarded at Thirty-eighth street yesterday morning by acouple of roughs who, elevated by the liquor they had been drinking, gave themselves up to hilarity and at length took to singing indecent songs. One of the passengers attempted to remonstrate, but was summarily knocked down, and when the conductor interfered one of the men drew a revolver and threatened to ‘clean out the car.” There was quite an exciting scene for a tew moments, during which women screamed and men swore, but the roughs refused to withdraw. One of the passengers notified an officer of the Fourth precinct, who was on post at the junction of Chatham and William streets, but that guardian of the peace refused to interfere, saying that the man at the end of the route wax the proper one to make the arrest, At Frankfort street the two ruffians slipped from the car and made off. RAPID TRANSIT IN BROOKLYN. A meeting of the Brooklyn Rapid Transit Commis- sion was held yesterday afternoon, at No. 213 Monta- gue street, for the purpose of considering what ac- tion was required at their hands in the present stage of the enterprise. ‘The secretary read the minutes of the meeting held on Saturday last at the Mechanics’ Bank, setting forth that the articles of the association of the Kings County Elevated Railroad Company had been signed by twenty-five subscribers for 10,000 shares, and the five per cent required by law had been paid to the treasurer. The entire amount required for the capital stock of the company was subscribed, there- fore, and the subscription book was closed. A call was issued fora meeting of the stockholders, to be held on Thursday, January 2, at one o’clock P.M. The minutes were approved. Counsellor Johnson was requested to examine the law and to instruct the commissioners as to what their a will be. ‘After a brief consultation on matters of no public importance the meeting adjourned. CAR DRIVERS’ ~ WAGES. The Brooklyn Central Railroad Company, whose carsrun through Sackett, Bergen and Smith streets, and from the Hamilton avenue ferry to the Erie Basin Dry Dock, along Van Brunt street, yesterday reduced the pay of their drivers from $2 per day, which they have been heretofore receiving, to $1 75. No reduc- tion has been made in the pay of the conductors, which is only $1 50 per diem. A few weeks ago a similar reduction was made in the pay of the drivers on the Atlantic and Fifth Avenue Railroad. The drivers submitted gracefully. REAL ESTATE. ‘The following sales were made on the Real Estate Exchange December 23:—- BY RV. HA $5,140 Edward 8, Dakin, refereo—Foreclo ale of the five story brick’ store and tenement, with ory brick tenement in the rear, with lot 25x103.3, 163 ~ e. of av. B, te ». G10 Ei th st, & 8, BY Lewis Louis M. Doscher, referee—Fc house, with lot 12.6: 8., 300.6 ft, @. of Ca ‘hilo T. Ravages, referee —ot the se, with lot 18.Ux100, Grosvenor 8. T the three stores and dwellings, with | 18, 148 and 300th av., 9. @. corner of Ott to pi ay s.same referee, of the h Total... OFFICIAL REAL ESTATE TRANSFERS, The following is a statement showing the real es- tate transactions recorded in the Kegister's office December 23:— Lexington av. ¢. 8.. 84.4 ft. n, of 60th st., i enderean and wife $11,000 9,000 8,000 4,000 8,000 R000 Ma : Jizabeth M. Beaner, Madinon ‘av. aot th xt, box tere: i ame to Douglas Hobinson eM * (re rbot), th. of tid «Bi Morrivania) to Ger) f. ., 400 ft eof Cortlandt av Henry eh Milton sts swine t Di at inabeth also Madison wt coy (etesutria) todohn Meyer, ¢ Wiliam w2: Franklin Emilia W. Dan t. 0 of Lex TAX 100; S Rodwors ¥, 7th ft. ©, of Lexingion ay. insta, w iitium = Rodgers to Jane A. Wildey v. t Wok. ke (2th ward); Henry av, & Leompinanse to Company kas. of 10th at, 2,000 i yonrs.... an and another (trustees, &e.), to The yalop, Th Motual Life 30,000 | FINANCIAL AND COMMERCIAL The Stock Market Dull and Steady. GOLD 100 1-32 A 100. Govemment Bonds Dull, States Steady and Railroads Strong. Money on Call 4aVa Bi Per Cent. WALL STREET, } Monpax, Dec. 28—6 P, M. At this festive season of the year, when the most irritable of shorts are mollified, “peace, good will” prevails, and the snarl of the bears gives place to the joyful tones of the Christmas carol, it is meet and proper that prices upon the Stock Exchange should respond cheerily. In most instances they did so to- day. In the active stocks there was no falling off of values, while in most of them there was a decided gain. Especially was this the case with the North- westerns and Western Union. Like a bellwether in @ flock of sheep Northwestern common showed the way, and the rest of the list followed, whether or no— not without the aid, however, of more than one sup- porting shepherd who provel by steady purchases his intention of advancing prices by hook or by crook, Some said Gould was the man, others that the Osborne-Work and Morgan party had assumed the pipes and goatskin. It little matters which of these speculative pastors tended the flock, 80 long as the result of higher prices was achieved. ‘That it was achieved, moderately it must be con- fessed, but still achieved, is evidenced by the fact that higher prices were secured at the end of the day for nearly the entire price list, and for Northwest in particular. ‘The coal shares were laggards as a matter of course—the Lake Shore stock as a matter of mystery. The weakness of this latter security—in- grain, incomprehensible and utterly disgusting to its friends and constituents—would afford (as to reasons for the why and wherefore) a subject worthy of the contemplation of a Cumwan Sibyl or a valuable addition to the “twenty question” column of an esteemed contemporary. In fact, nobody knows why, in the face of a dividend, report and @ generally advancing market, Lake Shore should continue so persistently weak. So argue small traders, at least, who have sed guess- ing and have elected to let the stock alone. Jersey Contral made a further advance to-day, as did Western Union. Rock Island rather fell off, although the matter upon which the recent rise was predicated was put in official shape to-day by the following action of the company:—The directors of the Chi- cago, Rock Island and Pacific Railroad Company met to-day and declared a dividend of 21% per cent (quarterly) to the holders of the stock of the company. They also notified the New York Stock Ex- change that after January 1 next the following will be stamped upon the back of share certificates:— “Shares of the capital stock of the Iowa Southern and Missouri Northern Railroad Company, equal in par value to twenty-five per cent of the par value of the capital stock of this company, are held in trust by the treasurer hereof for the benefit of the persons who shall from time to time be stockholders herein, and will continue to be so held during the lease of the Iowa Southern and Missouri Northern Railroad to this company, on the termination of which lease | said shares will revert to this company. The divi- dends which shall be paid as provided by said lease upon said shares to the treasurer of this company the owners of the capital stock of this company at the time, as their holdings shall appear upon its books, A transfer of this certificate will operate to transfer the holder's interest in said shares, but no stockholder has any separable interest therein, or shall be entitled to any separate certificate therefor.” ‘The opening, highest, lowest and closing prices of stocks were as follows:— Opening. Highest. Levent. Closing, Delawareand Hudson i % a7 Western Union tay, ons Pacific Mail. 4s Erie Railway Lake Shore. St. Paul St. Paul preferred. Del., Lack, and West Michigan Central. Union Pacific.... Rock Island. Central of S Pays ar and Texas. Gite, Bur. and Quin, 107% Ohio and Mississippi, b7% Pittsburg... 2h The closing quotation: M Con... Morria & Essex. Mil & St Paul MIL& StP pret N York Contr: » & Miss p Pacific Mail Canton... Del, Lack & W Del'& Hu uicksilver pi. ‘ Louie & Mt. 8 OE: 45, Wein Fe Co iz = ox Erie.. The total sales of gregated 118,955 shares, which were distributed as follows :—Chicago and Northwestern, 31,552; do, pre- stocks at the Board to-day ag- ferred, 18,250; Chicago, Rock Island and Pacific, 315; Chicago, Burlington and Quincy, 80; ~ and I, C., 100; Delaware, Lackawanna and Western, 13,500; Delaware and Hudson Canal, 300; Erie, 7,073; Lake Shore, 20,820; Michigan Central, 1,925; Milwaukee and St, Paul, 4,350; do. preferred, 3,450; Missouri, Kansas and Texas, 1,050; Morris and Essex, 1,325; | Ohio and Mississippi, 200; Pacific Mail, 300; Pitts- burg, 100; Union Pacific, 3,315; Wabash, 200; West- | ern Union Telegraph, 10,770. | Money on call was active and Jent as high as 7 per | cent, closing at 5 a Gpercent. The following were | the rates of exchange on New York at the undermen- tioned cities to-day:—Charioston, plentiful, buying 3-16 discount, selling par; New Orleans, commercial 4, bank 4; St. Louis, 25e.; Chicago, steady, buying 1-10 discount, selling 1-10 premium, and Boston, 2c. premium. Foreign exchange was firm at 4.82% a 4.83 for bankers’ long, and at 4.8844 for demand ster- ling. Gold sold at 100 1-32 a 100 all day, the former being the closing quotation, The rates for borrow- ing were flat a 1 per cent and for carrying 144 per cent. ‘The Clearing House statement was:— rrency exchanges... Currency balances. Gold exchange Gold balances + 1,068, x0 —and the gold clearings at the National Bank of the State of New York were:— Gold balane $475,000 Currency balances 2 Gold clearings... 4,515,000 ‘The London advices report that the large amount of £1,100,000 bullion went into the Bank of England to-day on balance, Consols opened ' lower, but subsequently recovered to %4', a 04), for money and to 4% @ 9445 for the account. United States bonds were }{ lower for 1807's and ten-fortivs, the former selling at 104)¢ and the latter at 109). New fives rose to 104% and reacted to 104),; new 4)9’s were steady and unchanged at 106!;. Erie rose %4, to 1915; of sth aves 1 4,00 prred Jy, to B1}j; Reading 44, to 124, and New MeManu | dersey Central 1 per cent, to dt. Mlinois Central fell 1009 | off to 7. Bar silver is quoted at 40d. per ounce, 5,000 | At Paris rentes rose to 1126. 8 450 | In Stato bonds Louisiana consols fell to 7134, but ) | recovered to 7214; District of Columbias fell vo 7875; UW Av. 4 1,000 | KD AssiUSMENTS OF MOKTUAGKS. "| theother issues were steady, In railroad bonds th Si ie eenar eaeatolometens, wei pee ot — it ore was 1 per cont in Ohieago, St. Paul and on 2.00 inneapolis firsts. ‘The largest transactions were in Livingston, Lewis M Danigi Kogeni | 200 Nanbaitan’ Savings Bank wo 8. In Molmoar (execu: iki Jersey Central firsts, consols, assented, at 7276 a 72% trix, an a decline of ‘4. The other changes were aa follows :— Veli omen, Bimii (rastes, &e. bat Raynor, Gertrude V., to Gi $00 | An advance of % in Union Pacific sinking funds and an excellent | will be distributed by him in pro rata proportion to | Northwestern gold sevens, *{ in Jersey Central ad- justment bonds and St. Paul sinking funds and }; in Canada Southern firsts, guaranteed, and Hannibal and St. Josephs eights, convertible, There was a de- cline of 14 Oregon branch, and 4 in do. branch, ‘The sales of mining shares at the New York Mining Stock Exchange were:— wiusr gaLtaIt A. 100 she Aineriean Plag 10 ei ree 100 Indepe 100 do, 100 Lacrosse. sxconD cau 7v California, 1500 Lacronse, Virginin.be be DO 109 Moo: lwo 100 100 CT be bio 440 ‘The following were the opening prices of mining stocks at San Francisco to-day :—Alpha, 974; Alta, 5345 Belcher, 3!g; Best & Belcher, 18; Bullion, 433; Cale- donia, 213; California, 10; Consolidated Virginia, 8; Chollar Potosi, 3833; Crown Point, 3%; Luperial, 70c,; Gould & Curry, 9; Hale & Norcross, 11; Justice, 4; Julia, 3; Kentuck, 4; Mexican, 31; Ophir, 384; Overman, 10; Savage, 9; Segregated Belcher, 18; Sierra Nevada, 4734; Silver Hill, 1!;; Union Consol- idated, 5815; Utah, 13; Yellow Jacket, 14; Ex- chequer, 3%. ‘The directors of the Chicago, Rock Island and Pacific Railroad Company met io-day and declared a dividend of 214 percent (quarterly) to the holders of the stock of the company, General merchandise imports, including dry goods, $4,399,335; produce exports, $6,331,833, and specie exports, $160,955. ‘The total imports since January 1 this year were $27,390,408, against $311,810,907 for the same period last year and $04,309,661 in 1876, ‘The total exports of produce since January 1 this year were $333,858.420, against $283,498,003 for the same period last year and $262,912,913 in 1875, The total exports of specie since January 1 this year were $11,912,290, against $25,918,946 for the same period last year, and $43,214,477 in 1876. STUCK EXCHANGE SALES, Monpay, Dee, 23, 1878. BEFORE CALL—10 A, ML. 300 ahs Ianke Shoro.b3 694g NEW YORK 230 = os da 10) Union Pacitic, 200 do JeyoyaTarayaa3 Ra ACA NS jo 10000 Bos d son. 20 Brie Railway 200 do vo BOO lia 0 {200 OU $10000 US 5.20, ¢. '67.. 10544 $100) US 5 r..be 10634 10-40, €.. 1ovu US 5-20, f, '67.be 102}, 10009 US 5’ 10735 ils AL M. $10000 US 4's, r, 1907. 9014 $10000 US 6's, cur...be 11944 Ful BUMRD—1 A. M. #2000 N C.6's,011,AKO 1354 109 ahs Esto 1000, 1400 10 Dist G jun La Ta, con. uuu Bou st Led & Uist 1000 Chic, B&Q Bs... 2000 Chie, B.& Q7's, B0uW0 NJ Cent Ist, ¢ 10000" do. or) 15000 | do. BOO NIC 2000" do. Soo do. 2000 Chic & BUD B, OR & N Ist.be 5000 A'Dock LC i's, 1000 Mil& st Pes 4000 do. es 1006 &NWee gb. Wm I wou do. dou rte 4th. i 100 Cleve & Tol, new 108g 45000 Cau So Ist, unr. 75 2000 H & Bi Guan © Pac Int, C 12000 © P dst, 8 5000 West Bae b, xe ders hiest Pac Lat xt iv ihe Adams IX, .be 10654 xpres.de opy 4th) mo Welle Huryeo Babe Ons Del & Hudson... w fT ih ikbe ops iw don ae ORE CALL=12:30 P.M. 100 she Northwestern, 4 100 de 5 $3000 Cen Pac bis 10000 Mo, Kas O 40 ILE St Joe's con U0 Bao N'Y bhevate Goud 400 1000 a Lovo Bur BRU tt dat oat ‘ 10 Lake Shore. wo do do. r $10000 U 8 coup, 1881, 108 810000 U 8 4s, 1007, r, SKCOND BOARD=L P, « ® 6g) ludy by ly fh 8000 Don & Iie G iat GOOD TLE Std B's, 2000 Mich Central Noistg. 79 Mine en 10 1000 Un Pae KIC ist m 10st loo Union Pac sf ur, 20) Pye 1 9f BU Lt in Hu, DD.wee 7: a im iy Nin Rete aftuna 4 at’ 4 eee eg Mie r / Cloy &Pitt 4th m 109 J Cen con. as, 72 ori gio Sintg by pe °, oF @.4 in Central Pacific firsts, California and Da Siluad ams t firsts, San Joaquin ak say ss & $2000 Chi & NW ee gh 1024 11000 Pac of Mo Lxt.b3 105 COTTON: STEADY-——FLOUR QUIET—WHEAT ¥IRMER— CORN DULL—OATS QUIET—PORK STEADY— LARD TUR DULL—COFFEE QUIET—SUGAR QUIET. ‘The markets were generally steady, though quiet, On 'Change flour was quiet. Corn a Lard easier, tures closed steady. Groceries were generally quiet, Naval stores, oils and petroleum were quiet, Correx.—The market for Rio was quiet but firmer, and w point. on private terms. with about 1,600 bags Rio, at Baltimoro; 5,308 bags Rio, per Newton, sold on private terms, steadier. 14lje. a 14346. 16c.; extreme rungo for lots, 10%jc. # 174ye.; Santos, fair to good, Futures opened 5 49 points froin Liverpool, and the market the decline. Sat, Evening. Totals 200 200 Cian $08 Speculation 560 670 ‘Totals... a 1175 —Deitvored om contract 660 baler Saturday. Carront prices of spot cotton (the following quotations ar based on ‘American standard of classification, and on cotton in store, running in low the gr nas 100 Std pf. loo Morris oF in it. be One &QR 300 Mo, Kan & Tex BR. ‘be tos PM Northwest pf, 76 bs 76, Elevated Ist jay 100 New Jor Central 50 Morris & Essex... 47 Canada Southorn., 25 60,0 & IT hi, ‘Bur & Qui 4 LA KC pret, ios Treas ha Jo pref... 34 ‘s COMMERCIAL REPORT. SPOT UNCHANGED; FUTURES CLOSED! EASIER—WHISKEY ‘FIRMER—SPIRITS PENTINE DULL-—ROSIN DULL—PETROLEUM Monpay, Dec, 23-—6 P. M. Whest dull, but firmer. jull, Outs quiet, Whiskey firmer. Pork steady, Cotton on the spot was unchanged; fue © advance quotations xc. from the lowest We note sale of 189 bags Rio, per Glensannox, We note the arrival of the La Place, Mild coffee rulea: Ordinary cargoes, 11¢.; fair ao., primo do., 153c. 4 We Tilge, w 15e., gold. G0 daya; Jaya, governmon! 0 3 ps mn , Ble. w Zhe. pore’ Muraeaibo, 13ie, nica. T4e. a St Moxicait, re, van, 1 a 170.5 on tke: opal Wes par but not quotably lowar, lower under unfavorable nows lower but steady ut 4 ‘The closing prices to-day, compared with wore as follow Monday, Becemben 2. Decombe O15 19 9k o. 0.64 O77 O88 YT a U.S 10.05 01008. ality not more than half a grade above or be- jo quot yi Uplands. , Orleans, Tern, Pisa6 16 75. Strict og nutddiing. Middlin; Good middiing Strict good middiin, Middling fair. Fai 7h future ‘middituy, 83 : delivery the saics were as follows :—Saturduy, after December, 100 Dnlew nt 9-ie., 100 at 9, 1c. ie. ov. 300 wat ie i tonat Sebte.§ March, 300 ut 9.64 9.63e., 0 April. DO nt th 7Be.. 91g 200 at 9.80¢., BU0 at Slo 1 200 at 9.2 JC. ‘Su 22 aes it ).210., SOU Dine’ 9.25 €., GOV at 9. Oat 9222¢., 100 at 9. iit 8.18e, tai, 7 rat’ 9, 300.4 200 ab Oot H.16e. February, f, BOO at V.37e. 42e., Sop i Sie ‘300 at 100 at biobe i O.08e,, 100 at Bose. v.doe., BUO at t ‘ieee. 100. at sie. foo at Base... 1 400 . 0 at Tee 00 ae 20) at 9.806., 1/100 at 9.79e., 08 ».8826. , GOD 400 at 9.906. ; July, 100 at 10,046, ; “Total, 46,200 Beles. Grand total, 65,700 Bo day es. 46 fast your, 34004 bales, Total ‘vines September i, 2402,474 bi y a a 9-32d. by Guaay ¥ to Saturday night. Cotton freights closed as ‘fole 11a. compressed by wall, ‘Bremen, ine. TPolivepoal Ma 4. pd quoted at 10. a 10%e. for Vise. for 24g Ibs., and Ge. Ibs, GRatn.—Recei 455600 do sales, including State, ‘Western an. Bu thern, wero 10,0 , bbls, within the annexed range. Ryo flour ruled ste ra with sales of 30U bbls, 300 bbl Western, on track, sold at 56)ge. Kound ne Family. in tair demand owas quiet Barley and malt were Cov inval v. js, sold within the range. wotn.. hoop Obie hoop Ohio, tr y rails, Bt. Louis, low ox Lange. ber, $1 8 earner, 44590. bid. asked. sae. waked; N $1 10 asked; do. ‘anary, $i February, 81 fY bid, $1 January, spring, for Decomber, ie, asked ; do, cember, 81 Uv bids 2 red, for Dec asked Db bude ed ry, SL U7!g bid, cond all ry 44 ‘The sales wer bag A740. ; 4.00 do. January, No. nd for spot, srmded Bi 000 do, or No, mined in » 4oge. for new, No.2 tuided, Oaty—The mark ‘The sales were te. mornin 7; No. 1 white, S40. « te, re goxradei mtd, ‘sie. Ai}ac. 8 47%. ‘for hugh mixedy ore; 4c. for steainer Ni 1 but anehanged. Wen esate of 0 Ties ute jutte American NAVAL death toe chan) 8 ee . wt 10) 620 0 $20, gold; jute, de. a ie and Ze. currency, tim ag 1, oe. relen Ww Now Urioaus, new —The market for spirits turpentine was i qomiasily unchanged. Rosin was dull but we its turpentine, foerchantanio i order, 2730 0 2ke. Koxin—Good sieminod, 8 3155; strained, B10, Hos fe Nap me bey- ton, $2 25; oT fr imino tie. Tai hd, Tutpontine stond woe and virgin, gt i. OF coinber, Fevraai crude petroleum) —~New York, wb foie Wt O4%¢0. ; 87,000 do, a lowat ke, Ashore, MOT Bute 4 oii ‘closed “Ae tho call as fi =Do- ai, bd, ade, nko January, dle, id doer be. ty, Alive. Vid, 43e. asked; March, dle. bid, doe Anseed oll w el Linseod Sporn winter ‘hod winter whale, Ou ter bleached fish, ‘biet was dall_but nomi - barrels, 77 sea! asked at Chitaueiphia, ages u te a phytts Jit 8000 xu pine q ports sales 13,000 di