The New York Herald Newspaper, January 18, 1879, Page 2

FOR SALE, w: Combination Locks put on and Sats oTHINGHAM & EMORY, 18 CORNER MEAT. F le. Box E, branch 92 KE: RESTAURANTS, LIQUOR BTC Digar Stores, Billiard Saloons, at ext MITCHELL, 79 Cedar. AKERIES, ary low prices JOR SALE—10 GLASS GASES, DESKS, COU 5, &c,; must be svld immediately: PARSON & CO., sod Broadway. JOR SALE IN PHILADELPHE x. sacritice, « large Mineral Water und Bottling Establish- ment; ho aud fixtures im ; plete working or- ‘Address |ABON, 1:24 North 3d st OLD IRON, | Apply at Kings County der. RON AND WOODEN T. viaekaKiln and Fil gen ke se ER SAFES, AND TO $1,000 WILL x L, SHO Oath Susinoss; owner retiring. App DERS, 409 Broadway. MACHINERY ES iD HYDRAULIC PR wanted: power 200 tons. A H. HOWE, so Is s Brooklyn, shat? (ALUTE, BROTHERS & CO., SCHENEC Phroo horizoatal second band Engines, one 20x48, om YX1G Gow cylinder),with cut off; one compound, 12’ and 24x24 stroke: all in complete order, For sale cheap, MPIRE WOOD SPLITTERS—BEST IN UNITED Beatie for splitting pine, nd hickory, Send for cir- cular, WM. L, WULEDAM: ast 25th st. INE M: Patents of C jung’ Mac pauy at auction, January 21. Can be seen wt 418 ‘Send for catalogue. RY EXCHA ale and repair of sec Ke a oe West 14th 1B! nd hand Machinery; mouey. 0 SILK RIBBON M. NY RIB- o ine tor dyving bon which can dye five to six thousand pieces per nan, Which would would be great saving in dye expeuses and labor, can address box 1,416 Post otic A) are TO ¢ A PUMP ANTED—A PRIVATE, EST Business (no store). Address C. H. D. WwW TANTED—5O FEET EACH OF OF wud Railing. Inquire at 47 and 49 White : Dye NEWSPAPERS. ILE OF NEW YORK HERALDS, 1847 TO DATE odd numbers and other for sale; K “Shakespeare? bought and boun other serial works in proportion. 14 Dey st. morocco, extra, $3: B. WALKER'S SONS, OUR 3 F EIGHTH AVENUE DENTAL ASSO- RANSACKED BY BURGLARS, The ground floor of No. 52 East Twelfth street is partitioned into two stores, one of which is occupied jointly by a shirtmaker named Wooster and a tailor named Freitag, and the other by Mlle. R. Thuillier and her sister, corset makers and importers. At five minutes to six o’clock on Thursday evening the latter saw that their store was securely fastened and left, for home. They had been gone only about ten minutes when Wooster and Freitag | say they heard noises in the corset store, but did not bother themselves about the matter, At ten minutes past twelve o'clock yesterday morning the officer on whose beat the store is located found the door opened and the gas lighted. ‘The floor was strewn with boxes and their contents gone. The place had been thoroughly ransacked, even a lace curtain used as a screen in the back of the store having been torn from its iron brackets and thrown on the floor. A suspicious looking man was seen loafing in the neighborhood for two or three days previous, and on the evening of the robbery three men were noticed hovering about the door of the store. REAL ESTATE, The following sales were made on the Real Estate Exchange January 17:— ® Fobn H. Wilson, refere » tone fre BY M, HENRIQUES. i John D. Lewis, rofereo—Foreclosure sale of one lot, 25x100, on the w. & of av. A, 70.4 ft. & of 71st at to plaintiff”. four story 8. of av, ten to pluintiff... uy George V. N with lot between the two and three st 19.8x63x20x63, No. Maiden lave and Fle OFFICIAL REAL ESTATE TRANSFERS, The following is a statement showing the real estate transactions recorded in the Register’s oflice 8. (lot No. 9), 25x100 (28d ward) $0; L105 ai Grand Boulevard, s. w. corner of 135th st. 400x 99.10: Alvin Higgins and wife to George Higgins. 1,000 , 10) ft, w. of Boulevard, 25xi0,10; fs 8. 150 ft. f Boulevard. xirrecular: also Boulev w. corner of wt, 4 D110 xOW.1; also 1déth st. e. of 12th av., 250x99.1 Hu Eur “West Br and wife to Geer 5 S4xi00; William Nom. 4,000 15,000 ‘ver and wife to Mary arbor... me property; Perey K. Pyne (executor) day. William P, Dixe aries Mail........ 50 186,11 ft. w. of Ist., 50x200 to sume to same. ee #270 fte. of 150 1 ixirrog: in Diier.... tee of 2d st... S000 to (ref- ; 100 L old and oilers to Loopold Sinsheimer......, 18,000 Ay. A, es. 16.9 ft. n, of tb st., 110x713; WF, Purdy (referee), to the New York Lifo Insurance Company 8,000 Bd av. w. & F. Ronin 7500 2d av, (Ne to Charles Jo 12,000 2d wy. (No. 508) 10,000 Ba av. (Ni 10,00 de and wite to Will 5,000 0) ft, w. of Mh wy. 2 P. Wickes reteree) to Will 10,000 Lafaye' to Hom at Power u 63,173 ATS ep ioe insuran Drumgovie... . $500 Pry No. 30 Old slip: 18 mont! Ful C. nnd wil R, H Shipman, ». s. of jtroub, Henry A, aud ano (trustee, &e.), No. 17 Lispenard st Ulery, Simon, to Henry Hornidge, u. 6. of Sin lune, @, of Oth av; 2 yours... ps ASSIGNNKNTS OF MORTGAGKS, iddie, Henry Il. to J Jinn, tu Moses Stern Murritt (trustee, te.) bo the Itoose pita! Vanderbilt, Cornell ” ly, Wink, Louis Ff om Witt, Johu H., to sietfon Dieskmanu....... NEW YORK HERALD, SATURDAY, JANUARY 18, 1879.—TRIPLE SHEET, THE COURTS. A Wife Murderer Sent to’ State Prison for Life IMPORTANT TO SHIPPERS. One of the Sequels of the Adelphi Explosion. John 8, Downing, the wife murderer, is the first criminal that City Judge Gowing sentenced for life. It was acase of great and revolting brutality, and called for the severest punishment, The inhuman prisoner was John S. Downing, a shoemaker, who, in September last, kicked and beat his wife, Margaret, at their rooms, No, 454 West Nineteenth street, inflict- ing such terrible injuries that she died, The pris- oner, through his counsel, Mr, McGill, when called to the bar of the Court of General Sessions yesterday, pleaded guilty to murder in the second degree. This plea was agcepted by Assistant District Attorney Rollins, as he consid- ered the case did not possess those e.ements of premeditation and deliberation essential to sustain the graver charge of murder in the first degree, As the prisoner, a low-browed, ill-tempered looking fel- low, was arraigned his counsel submitted affidavits as to his previous good character and urged in his behalf that he had been a brave soldier in the war. In passing sentence Judge Cowing observed that the case had caused him great pain. He had carefully considered the case and wus always inclined to temper justice with mercy, where mercy was due. But if he had been required, pen in hand, to describe an imaginary crime, which by rea- son of its atrocity would deserve the highest penalty under the law, he would fail to portray a crime so brutal as that which Downing had compelled to be placed on the criminal records of this city. Judge Cowing further said that he had inquired into the character of the dead wife of the prisoner, and found from those with whom she had lived for twenty-five years that she was a good, honest snd peaceful woman. Again, — the Deputy Coroner's certificate showed the dreadfully mangled condition of the corpse when the inquest was held, Many of the ribs on the right and lett sides were broken and the body presented a frightful mass of wounds und bruises. While he had sympathy for the prisoner, his crime wus so dreadiul that its punishment should not be mitigated one iota, ‘The prisoner should look for mercy—and the Court sincerely hoped he would—to a higher tribunal. ‘The sentence of the Court was that the prisoner be confined in State Prison, at hard labor, forthe term of his natural life. SHIPPING STATUARY. Judge Choate, in the United States District Court, rendered a decision yesterday in the libel suit of James Sharkey against the Italian bark Vincenzo T., brought to recover damages to a piece of statuary shipped on board the bark at Leghorn for this city. It was claimed that the statue was packed in a wooden case and every precaution taken for careful handling, but that, upon its arrival here, it was found to be broken. In the trial before Judge Choate a great deal of testimony was taken as to the manner of packing, handling and stowing. On a review of the testimony the libel was dismissed. Itis held in the opinion that the libellant failed to prove that at the time of the shipment at-Leghorn and subsequent to its conveyance from Carrara the figure was unbroken. ‘The testimony of the sailors examined on the trial was that when the box was passed over the ship's side they heard a rattling sound, which was not heard when it came aboard. They also testified that it was stowed on top of the cargo, close to the deck beums, the cargo being well stowed. It was claimed that it was negligence on the part of the defendants to stow the box so close to the deck beams. Judge Choate holds that this was not the case; that it was not negligence unless it was shown that the box was insecurely stowed, Any damage resulting from the rolling of the vessel did not revert to the respondent, as that was a peril of the sea, from which they were exempted by the terms of the bill of lading. “TLL SEE YOU LATER, HARRY.” ‘There has been pending in the Marine Court for some time a case in which Daniel Sheehan is plaintiff and George A. Osgood defendant. The action was brought to recover $500 for detective services alleged to have been performed by the plaintiff in ob- taining imformation whereby the defendant was en- abled to collect a judgment obtained by Osgood against the late Robert Murray, formerly United States Marshal for the Southern District of New York. ‘The case has been on the calendar, before Judge Goepp, tor trial for several days past, and upon the case being called yesterday Mr, Platt moved for an adjournment on account of the sickness of a witness, ‘This was opposed by Mr, Henry C. Denison, counsel for Sheehan, and Judge sore finally marked the caso ready, to the delight of Mr. Shee- han, A consultation then took place between counsel, which resulted in the plaintiff accepting $75 in full satistaction of his claim, Upon the money being paid to him by the defendant's counsel Sheehan coolly pluced it in his pocket and turning to his counsel said, “I'll see you later, Harry; I will be here in half an hour.” The half hour passed and the half hour's grace passed, but the client did not return, and at @ late hour of the evening counsel was of impression that if Sucehun kept his promise to “see” him he must have taken his view of him from some point where he was himself invisible to his counsel. THE ADELPHI EXPLOSION. In the explosion of the boiler of the steamer Adelphi on the 28th of last September at South Norwalk, Conn., Mrs. Sarah Leonard was among the killed. Her husband, Joseph Leonard, as administrator, has brought suit against the Columbia Steam Navigation Company for $6,000 damages. The case came before Judge Barrett, in Supreme Court, Chambers, yester- day, on a motion to compel tne plaintitt to’ iile se curity for costs on the ground of being # non-resi- dent. It was claimed by the piaintifl’s counsel that the former brought the suit in ® representative cu pacity, and for this reason was not obliged to file se- curity tor costs, Judge Barrett took the papers for examination. A POLITICAL REMINISCENCE. Julius Wadsworth has brought a suit against ex- Sheriff O’Brien to recover on & promissory note for $2,000 for alleged money loaned. ‘The defendant puts in a counter claim for $3,500, saying that in the fall of 1872, when the plaintiff was a candidate for Con- gress, ho expended the amount stated in the organiza- tion of clubs in Mr. Wadsworth’s interest and other outlays connected with the campaign. The matter catae before Judge Barrett, in Supreme Court, Cham- bers, on a motion to compel the defendant to file » bul of particulars, Mr. Jerome Buck, who appeared tor the Sheriff, stated that it was so a yo very many of the items had been forgotten. fadye Base Tett took the papers. SUMMARY OF LAW CASES, Discharges in bankruptcy were ordered yesterday by Judge Choate in the cases of V. K. Stevenson, Jr.; A. M. De Lavallette and J. P. Elmendorf. In the suit brought by Ellen O'Reilly against the Guardian Mutual Life Insurance Company in the United States Circuit Court, to recover on the joint policy taken out by herself and husband, a Juror was withdrawn yesterday on motion of the plaintif's counsel and the case returned to the calendar, ‘The application to compel the plaintiff in the con- test of the will of Mrs. Megrill to file additional security for costs was granted yesterday, the amount of the bond required being fixed at $2,000, ‘The writ of habeas corpus granted in the case of Emil Wagener, the facts of which have been pub- lished, was yesterday dismissed by Judge Barrett and the boy remau to the New Yor! Asylum. fu @ suit brought by Solomon Oppenheimer against Isuac Mehirbach and others to recover on promissory notes, in which the defence of usury was set up, & verdict was yesterday directed by J ye Landon in favor of the defendauts. A decree of divorce has been granted by Judge Davis in tuvor of Mrs. Zora KE. Thomas in her suit against her husband, William B. Thomas, Judye Barrett has also granted decrees of divorce in favor of Edith Florence Sackman in ber suit against her husband, John Jay Sackman, and in favor of Charles F, Stiller in Lis suit against his wife, Murcia Stiller, David Haub has commenced an action against Bertha Haub, his wife, in the Supreine Court, to annul their marriage on the ground of alleged traud- ulent representations made to him by her previous to their marriage. He alleges that she represented that she was a virtuous woinah, whereas, he says, Lo ascertained two days after their marriage that she had been the mistress of another man for three years, against whowu she had a suit pending for dam- ayes in the Supreme Court. Mr. Nathan 8. Levy ap- ie for the piaintiff and Henry J. Appel for the de- fondant. i874 John H. ‘Tienken loaned to Magnus Firmanich $3,200, the latter depositing as collateral security & quantity of Wines then im the Custom House, and represeited to be of the value of at least $4,000, Subseyuently Mr, Tienken, at the request of Firmanich, delivered to the latter the pertuits to withdraw the goo ter representing that he could effect an imaie: sale of them, and would deliver over the proceeds to Mr, Tienken.” The goods were sold, but Mr. Lienken, claiming that only a por- tion of the proceeds had been turned over to him by Juvenile Firmanich, commenced a suit seginet, him in the Marine Court to recover $1,750 as alleged differ- ence, to which the defendant made answer that he had turned over all the goods were worth, There was at the same time issued an order of arrest against the defendant, on the ground that his acts in relation to the goods amounted to @ conversion of them. The case was tried yesterday before Chief Jus- tice Alker and a jury, Messrs. Louis J. Grant and Charles E. Lyaecker representing the plaintiff and Mr. John D. Parmes the defendant. It resulted in a verdict in favor of plaintiff for $1,223, On Christmas Eve Mr, Eugene MacDonald discov- ered two strangers in the hallway of his house, No. 107 East Twenty-fifth street. He seized hold of one of them until arrival of an ofticer, who arrested him. He gave his name as John Blenson, from Bos- ton, and was at once recognized as an old burglar who had served several terms in prison, In his pos- session were a sealskin sacque and some dresses which had been stolen from the rooms of Mra, Han- nah Springer, on one of the up floors. In the Court of General Sessions yes y he pleaded guilty to burglary in the first ‘and being an old olfender Judge Cowing sent him to the State Prison for ten years. John Jones, alias Hoffman, has been on trial in Part 1 of the Court of General Sessions since Thurs- day on the charge of forgery. It a] that on the ‘7th of February last a check for $150 on the Chatham National Bank, purporting to have been drawn by Glenn & Koerner, was given to C. G. Gunther & Sous for @ sealskin sacque, valued at $90, change to the amount of $60 being returned. The check was found to be a forgery, and Charles ‘Tischer, John Richardson and Jones were arrested. Tischer Dae guilty, and Jones and Richardson manded separate trials. Just before recess esterday Mr. Peter Mitchell, counsel for ones, raised the point that as Jones was accessory before the fact he should not be tried before the principal, Ric! n. Judge Gildersleeve then took @ recess, reserving his decision. On the reassemblin; of tho court Assistant District Attorney Lyon call Richardson to the bar, and he pleaded guilty, To this Mr. Mitchell earnestly objected, contending that it was an uufgir course of proceeding, and insisted that the point raised should be Judge Gil- dersleeve observed that he would consider it, and thereupon Mr. Mitchell announced his intention to withdraw from the case. Mr. Algernon 8, Sullivan, who happened to be in court, was then assigned as counsel and the case went over until Monday. COURT OF APPEALS. ALBany, Jan, 17, 1879, Present—Hon. Sanford E. Church, Chief Justice, and Associates, No. 32, The People ex rel. Jacob Vanderpoel, appel- lant, ‘vs. The Mayor, Ke., of New York, respondent.— No. 47, The People ex rel. Augustus Miller, ap- lant, vs. The Board of Police Commissioners of ew York, respondents.—On motion of Edward L, Crittenden, counsel for the respondents, judgment was afirmed by default. No. 49. John Scott, appellant, vs, Samuel Mec- Mullen, respondent.Submitied. No. 50. The Highlands Chemical and Mining Com- pany, appellant, vs. John Matthews, respondent.— Argued by Thomas M. North for the appellant and Henry L. Burnett for the respondent. No. 52. The People ex rel. Patrick Ennis, appellant, vs. Frederick Schroeder, respondent.—Submitted. The Court has decided that hereafter the rule as to the day calendar will be strictly enforced, A case on the day calendar cannot be taken off by @ stipulation received after the day calendar has been made out. If neither party to the suit appears, by counsel or otherwise, the case will be marked * * and go to the foot of the calendar, When a case is called a its order on the calendar it must be either argued, submitted or passed. DAY CALENDAR. The following is the day calendar for,Monday, January 20:—Nos, 51, 53, 54, 60, 62, 64, 65 and 67. UNITED STATES SUPREME COURT. Wasuincton, Jan 17, 1879. The following were the proceedings of the United States Supreme Court to-d “ On motion of Howard Ellis, William Henry Mor- gan, of New York city, was admitted to practice. No. 133. The United States, appellants, vs. Oukes A, Ames and Oliver Ames, second executors, &c.—Ap, from the Circuit Court of the United States for the district of Massachusetts,—Argued by E. 8. Mansfield and G. A, Somerby for appellants, and Oliver Wendell Holmes, Jr., and George O. Shattuck for appellees, ‘This was a suit upon a bond of indemamty given by a firm in which Oakes Ames was a partner to obtain possession, pending legal proceedings, of 1,120 bales of cotton seized in Louisiana during the war by the United States military authorities. No. 134. The ag aati’ General of South Caro- lina, appellant, vs. The Richmond and Danville Rail- road Company—Appeal from Circuit Court of the United States for the District of South Carolina.—" Argument commenced by L. ¥. Youmans for appel- lant and continued by Skipworth Wilmer for ap- pellee. This was a suit in equity brought by the ap- pellee as a stockholder of the Atlanta and hmond Air Line Railroad Company to enjoin the collection of State and county taxes. upon the property of the latter road in South Carolina, on the ground that its charter exempted it from taxation for thirty-six years from the date of its incorporation in 1856. The Supreme Court then adjourned until Monday, at twelve o'clock, JUSTICE PINCKNEY. ‘The testimony taken yesterday in the case of Justice Pinckney did not differ materially from that given at the previous two or three hearings. The witnesses generally testified that they had never scen the Judge under the influence of liquor while on the Bench, The principal witness for the defence, Mr. James RB. Davies, has not yet been heard from. ‘The case will be continued to-day at noon, DISHONEST EMPLOYES. The firm of H. K. & F. B. Thurber, upon striking 9 balance shect on the lst of January, discovered that 160 barrels of dried currants, valued at $900, had been obtained from their storerooms at No. 61 Dey strect by means of forged orders. Detectives Reilly and Doyle were engaged to ferret out the thieves. Their first Step was to find the carman employed to carry away the goods, and this they did in the person of Hugh Duffy, Having’ satisfied themselves that Duffy was an innocent tool in the hands others they used him to work up the case yesterday succeeded iu bringing the alleged rincipals into court. ‘Cheir names are John Clifford, Franc! Kernan, Andrew O'Brien and Oliver Cautlon. ‘The manner in which the fraud was perpetrated was, according to Kernan's confession, as follows:—He was employed as @ porter in the storerooms, and O’Brien, who occasionally worked there, came to him and told him of a plan he had to make money, At O’Brien’s request Kernan furnished him with one of the genuine orders, which he took from ao file where they were put having been fillea. Clifford, who is # printer, is charged with having printed the counterfeit order and O’Brien with having forged the signature of the clerk whose business it is to sign the orders. O'Brien, it is also alleged, introduced Kernan to Cautlon, who is charged with having received a por- tion of the stolen property with guilty knowledge. The property was disposed of at auction and the pro- coeds, as alleged, divided between the four prisoners, Kernan was held in $1,000 bail, O'Brien and Clifford in $2,000 each, and Caution, who is a junk dealer at No. 20 West street, in $2,500 dail. INSURANCE SUPERVISION. Superintendent Smyth, of the Insurance Depart- ment, has addressed a circular letter to the officers of the different insurance companies doing business in thie State, asking them if they agree with Governor Robinson in that part of his last Message which recommends the abolition of the Insurance Depart- ment, He also requests them to send an answer to the following question:— “Is Btate supervision, a8 conducted by the State of New York, # protection to the policy holdérs, or would their interests as well as those of solvent companies be served if the various laws establishing the Sepertaient were repealed and supervision sbun- doned, and a simple rendering of an annual state: ment to the Comptroller substituted in place of pres- ent requirements?” ‘The Secretary of tho Merchants’ Insurance Com- pany has already prepared a reply, in which ho states that State supervision, as conducted by the present Insurance Department, is ayreat protection to policy holders and should 5 agen tang that solvent com, are protected jus insurance com! Sine peeves by the present law from pring sion into our State, and policy holders are protected, Superintendent Smyth, in his letter, expressed his willingness to resign his position if’ the insurance companies agreed with the Governor. THE MUTUAL LIFE, The Committee of Trustees of the Mutual Life In- surance Company met yesterday at the company’s office to receive statements for and against the thirty per cent allowance on new issues of policies, Ex- Governor Rice, of Massachusetts, presided, No bust ness of any consequence was transacted and the day’s proceodings were devoid of tangibio results, GUMBLETON'S BOOKS, ‘There was another postponement yesterday of thi argument on the order to show cause, granted by Judge Barrett, why County Clerk Gumbleton should not allow J. Adriance Bush to examine the books and records in his office. Ou the case being called Mr, Samuel G, Courtney, who, with ex-Congressman Meade, appeared as the representatives of air, Gum- bleton, stated that Mr. W. A. Beach, whom they de- sired to make the argument, was still blockaded in Rochester by now, and he therefore asked an adjournment till next Monday. He insisted that no harm could arise trom the delay, Mr, Holmes re- sisted the application tor adjournment, and oo on the stipulation by Mr, Courtney that he would argue the cose himself if Mr. beach fitled to put in an appearance, the case was postponed till Monday. “GOSPEL” TEMPERANCE. AN OPEN LETTER OF RESIGNATION TO MR. J. B. GIBBS, PRESIDENT OF THE NATIONAL TEMPER- ANCE INSTITUTE—THE BIBLE DECLARED THE REFUGE AND SUPPORT OF MODERATE DRINK- ERS—CITATIONS IN EVIDENCE. ‘The following open letter has been addressed to Mr, J.B. Gibbs, president of the National Temperance Institute,.by an ex-vice president of the society :— Mr. J. B. Gisps, President of the National Temper- ance Institute: Dxan Buorurrn Grnps—I feel constrained to sever my connection with the association of which you are the presiding officer, as I cannot conscientiously re- main member of society which, while flying the total abstinence colors and profiering with its right hand the total abstinence pledge, yet with its left tosses the poor drunkard a copy of the Bible as a life preserver to save him from the billows of rum into which bakes aie To ieee metaphor, I ot ainst this so-called “Gospel temperance. pro- teat in the name of common honesty and frankness ainst connecting the glorious principles of total abs book stinence with a that, with perfect justice and irrefragable show of right, has ever been and will ever be the and stronghold of the “moderate drinker.” 1 protest in the name of com- mon fairness against allowing this so-called “‘evan- gelical movement” to capture our total abstinence societies and with the cry of “Gospel somperency ip storm the people’s hearts. I protest, 1 ti wi just anger and well-founded in: ion, against set- ting this “evangelical movement” as a rider upon the milk-white steed of total abstinence. There is, there can be, no possible connection between the Bible and total abstinence. No sophistry, no false reasoning, no subtertuge,. can ever bridge over the gulf that separates them, I defy you to point outs single passage in which the principles of totat absti- nence are enjoinefl upon the people, From cover to cover its pages permit the m use of wine, and, sir, is it not a mockery, is it not a crime, ay, worse than a crime—an act of despicable cowardice— to attempt to inculeate truth by su ening truth? ‘That day has gone by. The age in w! we live will never countenance such proceeding, In the nam of common sense I can only cry, ‘Why should temperance (total abstinence) folks bother our brains about what the people drank, or did not » in Bible days?’ It the moral principle we strive to in- culcate has not strength enough to stand without being held up under the arms, then let it fall! Our duty is not to teach theology, but simply to inculcate a theory, us we think, of human interest. Had the founder of Christianity lived in our day His teachings would have been different. Even when charged with being a “wine bibber—Luke, vii., 34— He does not raise voice in denunciation of the practice. He nowhere says, ‘Drink no wine.” ‘To the contrary, as I shall prove to you, He deliberately created wine at a wedding feast, when the guests were already under the influence of that beverage. Then, why should the name of Jesus be heard at our meet- ings? Is it logical? Is it consistent? Is it honest? ‘Phat is the question. ‘They stoned an adulteress to death in those days. Must we dosonow? Do our courts of justice sit to enforce the laws of Leviticus? Are we to be bound by the notions of Paul as to the proper raiment for women?. QUOTATIONS FROM THE BIBLE. But let me call your attention to some of the pas- sages of the Bible—this great temperance manual— relating to this question. I pass over the drunkenness of Noah, merely reminding you of the fact that no divine reprimand is given. On the contrary, this is the only man ofall men “who found grace in the eyes of the Lord.” I pass over the drunkenness of Lot, again apparently with the divine sanction, 1 come tu the Book of Ruth, iii., 7:— ‘And when Bows had eaten and drunk, and bis heart was merry, dc. Again, in II. Samuel, xi., 13, is a full temperance record, surely :— And when David bad called him (Uriah) he did oat and drink before him; and he did make him drunk. In the Book of Esther you find the words “wine,” “banquet of wine,” “drinking and feasting” on neurly every page. Again, in I’salms, civ., 15, you may read of ‘wine that maketh glad the heart of man.” Honest, now, is this total abstinence? But this is not all. Read further. In Proverbs, xxxi,, 6 and 7:— Give strong drink unto him that is ready to perish, and wine unto those that be of heavy heart, Verily, this is not total abstinence. Again:— Let him drink, and forget his poverty, and remomber his misery no more, Now, Brother Gibbs, why not read’ these lines to the poor wretches who now and then crawl into your meetings, with pinched cheeks and worse pinched hearts, seeking for a kindly word to cheer them in their resolve to “drink no more?” But there is more tocome. Be patient, and if you be honest, as I think youre, then never more hold out this book to the poor drunkard who would break away from the curse ofrum. Turn to Ecclesiastes, ix., 7:— Go thy way, eat thy bread with joy, and drink thy wine with a merry heart. Again, chapter x., 19:— ‘A feast is made for laughter, and wine maketh merry, Oh! oh! total abstinence, forsooth! But the priest might not always drink wine, for in Ezekiel, xliv., 21:— Neither shall any priest drink the inner court, oF a oer i, 5, we find Joel srousing the drunkards with:— Awake, yo drunkards, and weep; and howl, all ye drink- ers of wino, because of the new wine. What for? Because drunkenness is asin? Nay; simply because the new wine is ‘cut off” from their mouths by a strong nation, which has “laid waste the vineyards.” YROM THE NEW TESTAMENT. But let us pass on to the New Testament, In Timothy, v., 23:— Drink no longer water, but uso a little wino, &e. ‘Truly good advice to a society of cold water drin- ers! Ah, Paul, Paul, thy words ittle wine’ were bad enough, but thy “Drink no longer water” render thee inelligible to our society. Yet, again, Brother Gibbs, examine Paul's letter once more; the same one—chapter iii., 8:— Deacons must not be given to much wino. Indeed, ‘much wine!” Well, well, well. Now, let me say right here that, the world over, Christian clergy adhere to this advice. In every land Ihave ever visited or read of they are everywhere “moderate drinkers ;" to their honor, rarely drunk- ards, but “moderate drinkers,” nine cases out of ten. And what better authority for the practice do they need than the words ot Paul? I hold the Christian Bible responsible for this almost universal use of the wine cup. I charge openly and boldly that the Christian Church has never been the advocate of total abstinence. , when they enter into HABITS OF THE CLERGY. Christian clergy in England are famous for the magnitude of their wine cellars and German clergy scott and jeer at the principle of total abstinence, and I say to you that it is a shame and a dis- honor to read the Bible at the meetings of a total ab- stinence society. but, softly—I have not quite done, ‘There is a sadder page than ali yet to come. You, Brother Gibbs, are a married man. I appeal to you, is it not # disgrace to our civilization that wedding parties are often but another name for orgy, revelry and drunkenness? Is there astep in lite ta man should take with his eyes wider open, his mind clearer and body soberer than this same union of man and woman for better or worse? I have always held that any feasting upon this occasion is illogical—that it is a hurrahing at the wrong end of the line. Ther what can you say of # man who, entering a friend's house, where @ marriage feast is in progress, and, finding the guests more or less intoxicated, de.iber- ately furnishes them with more wine? Yet such @ proceeding is described in John, leo and Jesus of Nazarcth i that man. impossible,” you say. Ay, but it is #0, as I shall prove to you. Mark well, it is noth- ing against the character of the divine teacher. In our day ile would not have done it. The age, not the retormer, must be held responsible. But He did do it. So now and forever let His name be unspoken at meetings of total abstinence societies. THE MARRIAGE AT CANA. There was a wurriasge feast at Cana. One of the guests had been chosen governor—that is, a8 now, President or toast master—to lead the drinking and winging and direct the festivity. Then, as now, the good wine, the best wine, was put torward first, and for a reason that a total abstainer would blush to mention. Well, the drinking bout progresses. The wine cups flash in the hauds of the guests pledging health (alas!) and happiness to the bride groom, ‘They drink deep. ‘The supply is exhausted. Can you not hear the cries of the impatient revellers, now heated with the fatal fumes ?— “More wine, more wine, this way!” Jesus is present. They know His powers; they appeal to Him. if He refuses His fame is gone for- ever. He yields; He creates wine even better than the best which the house had afforded at the begin- ning of the feast. As may be imagined, wonderment seizes upon the assemblage. Whence this delicious draught’ Whence this better than the best? Dare a ove aftirm this was unfermented wine? Miser- able subterfuge! The text shall confound him. “What,” cries the Governor, “have ye done? Did yo set forth the poor wine first? Fools, know ye not that the best wines should come first, for what mat- ters it after men ‘have well drunk’ (original Greek, ‘methusthosi’), literally saturated with wine—that is, thoroughly intoxicated, #0 as not to be able to dis- tinguish bad wine from good? Down, down with the curtain! Shut out the scene from the eyes of those who love their fellow men, and never more unclasp = book at the meeting of # total abstinence so- ciety. I feel sorry to part with so many old friends and acquaintances, but I cannot be Sry, to what I deem an imposition, When you shall be able to mix sunlight and darkness, then set about mingling “Gospel” and total abstinence, While requesting that you strike my name from the roll of usembers I thank op and others in the society for many words and of kindness, Very respectfully yours, ING RIMOLL LOUKWOOD, New Yous, Jan, 16, 1879. REMOVED BY THE MAYOR. apne Mr. Lindsay J, Howe, one of the Commissioners of Accounts, was removed from his position yesterday by Mayor Cooper. Mr. Howe was appoipted by the late ex-Mayor Havemeyer in 1874, The position is in the personal gift of the Mayor and the incumbent ean be removed at the pleasure of the chief magis- trate, without the presentation of any cl OR, ‘The mtleman appointed to succeed r. seventeen Treasury as an exam! Was for over years § eny ed in the United States er of ac- counts. a one ane Mr. gergomy mneen supervision over the accounts of the Quartermaster’ Department in Washi ‘Ho is a resident of the ‘Twenty-second ward, and a short time ago reorgan- ized the aitairs of the Internal Revenue Bureau. Mr, Shearman was treasurer and financial agent of the Erie Railway Company for five years, and was assist- ant to the receiver of the company in the capacity of chief clerk.’ Mr. Shearman’s. colleague as Commis- sioner of Accoynts for the present is Mr. John H, CLEARING THE SNOW. THE ENORMITY OF THE TASK AND THE GREAT EXPENSE TO THE CITY. ‘The task of carting away the mountains of snow now gathered in the streets falls mainly on the Street Cleaning Bureau. ‘The machinery available for this superhuman undertaking is a shovel brigade of some three thousand men and an equipment of 400 carts. ‘The bureau has been at work since Thursday night, when it collected nearly two thousand cartloads and dumped them in the river. But its officers confess that they pause dismayed before the rampart of snow that now girds New York—the huge barricade thrown ‘up several feet high from the sidewalks, from the housetops, or by the red iron prow and whirling brush of the snow ploughs. They estimate roughly that 250,000 cartloads are now lying on the ground. They believe that their operations will cost the city $10,000 daily and may last for an indefinite period. They profess themselves utterly worn out with the fatigues of the past two days, and the bureau bears a generally listless and-woebegone mr. Their work is much interrupted during the day by street traflic, but a general muster of the carts was held yes- terday afternoon, and Superintendent Wylie expected to gather some eight thousand loads during the night, The process is necessarily slow. ‘The more fashion- able parts of the city scein to have been re; by the bureau with an eye of favor and the least aristo- cratic to have been wholly neglected. It is only in the poorer quarters that the snow still keeps its virgin existence, for in the regions of business it is bei radually churned into slush and from the realms hion it is steadily carted away. SMALL OUTSIDE ASSISTANCE. The aid lent to the bureau by private individuals is quite inconsiderable. A few expressmen having night stands, a few merchants who load wagons at their door, let their interest induce them to hire a cart and a few shovels. But the horse car companies lend most assistance to the good work. They are not compelled by law to assist; their charters merely bind them to keeping the tracks free of obstruction, Nevertheless, as often as the waves of snow and slush raised by their ploughs break upon the sidewalk, property owners speedily cast them back on the tracks again. The companies retaliate, the property owners return to the attack, and a suow war begins in which the horse car authorities would inevitably be worsted. So they engage their own carts and their own men and set to work vigorously. The Dry Dock line has cleared the streets through which it passes from the Bowery to Grand street ferry. The avenue C line has given thorough employment to the small force that it commands. Immense snow laden cars career wildly down third avenue, ny express themselves willing to bear the cost of street cleaning if the rest will co-operate. But the work is not yet systema- tized. The greater number are content to place rather than remove the snow, so packing it that the duties of the bureau become hi r than ever. So far as the law is concerned the responsibility is thrown wholly on the Police Commissioners. Prop- erty owners may see a ‘Pelion of snow heap itself upon an Ossa of ashes before their door and yet have no remedy against the companies that so pile it. The bureau maintains that it will bring all its resources into play, but in weather go fickle as the present it can make no promises of speedy accomplishment. It admits its responsibility and is disposed to face it. But its clearing apparatus would seem wholly inade- quate to the undertaking. “BELDEN & CO. APPOINTMENT OF A REFEREE—APPLICATION TO CHANGE THE RECEIVERSHIP, The legal complications growing out of the suit brought by W. E. Conner against William Belden and others for the dissolution of the firm of William Belden & Co., of which the plaintiff and defendants were partners, are not yet, it seems, fully ended. In the Court of Common Pleas yesterday, Judge J. F. Daly appointed Mr. Everett P. Wheeler referee to take evidence in the case. At four o’clock he heard an application upon an order to show cause, granted by him on Thursday, for the appointment of a new receiver of the firm in place of W. E. Conner and Henry Belden, Jr., the present receivers, The motion was based upon an affidavit by Mr. Conner that Mr. Belden had to deposit all the securities and assets of the firm, as required by the judgment entered upon the stipula- tion between the parties, and also that Mr. Belden had refused him access, as coreceiver, to the books of the firm. Mr. Thomas J, Shearman, representing the defond- sed the motion, saying that it to obtain control of the assets of the firm and to sacrifice the interests of the defendants. He c' that the plaintiff and Jay Gould, under whose advice he acted, though Mr. Gould was nominally a defendant, knew at the outset that there was no just ground for bring- ing the action, and that Gould, pending the motion for receiver, had proposed to the other side that Mr, Henry Belden be made such receiver, and, when that ‘was acceded to, insisted that Mr, Couner should be joined with Mr. Belden, After obtaining # stipula- tion from the defendants to that effect the plan, it was charged, now was to force a disagreement, so as to take the receivership entirely from Mr. Belden’s coéntrol. The judgment, Mr. Shearman contended, should now be vacated and the defendants be allowed to oppose the original be igre rere tor @ receiver, Their affidavits, he claimed, entirely disproved’ the charges. Judge Daly said he could not pass upon the matter at that time and postponed the further hearing to Monday morning next. Mr. Shearman pk ey that the books of the ffm be placed in the custody of the referee, Mr. Wheeler. ir. A. J, Vanderpoel, on behalf of the plaintiff, ac- cepted the offer, and Judge Daly directed that the = be made before him this forenoon, at Special ‘erm. e“ALWAYS WITH YOU." ‘The following cases are presented to the charitable as worthy of immediate relief :— In the rear of No. 244 West Sixteenth street, top floor, are living a man, wife and three children who are in extreme poverty. A broken table, two chairs and a miserable bed, together with the stove, consti- tute the whole of their furniture. The mother and infant are sick. On the second floor, rear house, of No. 248 West Sixteenth street, a family of six are living. The man has been out of employment for the last seven months. bay are wholly destitute of food and fuel, At No, 553 West Twenty-sixth street a family of five are in distress. The husband is blind. On the third floor of No. 144 Thompson street an aged couple are in great distress. The husband was an engraver, but some years since his eyesight failed him, and since then he has been able to earn but little at his trade. Now they are in extreme poverty. In the rear house of No, 417 West Thirty-sixth street an aged widow is sick with rheumatism. Un- less the rent is paid before Monday next she will be dispo: ‘ A family of four No. 13, of No, 434 West Thirty-eighth street, are in great poverty. In the basement of No. 72 Sullivan street s family of five are in great distress. The husband has been out of eusployment for over four months. In the back room, first floor, of No. 214 West Thirty-fifth street, an aged colored woman and her daughter are in want. The latter has been confined to her bed for the last eight months. A woman is in great distress at No. 330 East Sixty- third street. Her husband was injured last Septem- ber in the government excavations at Hell Gate, and has been since thst time a helpless victim to his in- juries. His wife, deprived of her natural a deserving person for the charitable to assist. ‘The following contributions have been received at the Heratp of “RK.” tor Roosevelt street, $1; “Staten man not attached, No. 5 Centre Market place and No. “S. B. M. ©.," for general fund, for general fund, $1 ‘Mrs. C. for No, 14 Roosevelt and No. 5 Manhattan, “Emma,” for No. 14 Roosevelt, $2 wich, $2; ‘Strange nue, $1, Total, $27. THE CENTAL SYSTEM. Mr. Asa Stevens, chairman of the Committee on Trade of the Produce Exchange, sent a communica- tion on December 20, 1874, to the different exchanges throughout the United States asking their co-opera- tion in the introduction of the cental system. Yes- terday this gentleman sent to the same exchanges the following extract from a letter received from the Liv- 7 ool wae of the Exchange bearing upon subject :— Livenroot . 2, 1879, Peesenee Epson, Eeq., President Protoss hathanann New ‘ork: ac.” for No, 196 Green- for No, 97 South Fifth ave- Dyan 818—Wo had the pleasure of addrossi on the 10th wi hen indiceved the approach ‘of thecental to ir ral jor all by The Los : im tare les ie inst. 4 It quotations ntal” instead of “por bushel.” Patrick Cary, of No. 34 Desbrosses treet, was hold by Judge Flamer, at Jefferson Market Court, yea terday, in $1,000 bail to answer @ charge of murder- ous assault on his wife Mary, She had # warrant for his arrest for a former uit, and, as alleged, while tho officers were looking for Win on Thursday. ight he came home, struck hse wife with an axe and tried to throw his two-year-old child out of a window. Mrs, Cary called Officer MeCue to assist her, and Cary drew @ butcher knife on him, but the officer pre- sonted his pistol and disarmed the rufian, ons, om the top floor, room | OUR COMPLAINT BOOK, (Nors.—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.—Ep. Hgracp.) ASHES TO ASHES, To Tux Eprror oy THe HeRatp:— The sidewalks on Fifty-eighth street, botween Madison and Fourth avenues, have been garnished with ash barrels for the last two weeks, Cannot tha proper authorities be compelled to see that this nul- sance is abated? 8. EC. STATEN ISLAND FERRYBOATS, To tHe Eprror or THe HeRatp:— The North Shore and Staten Island boats seem to run at any time since Mr. Starin got hold of them. By run at six A.M. twice or three times a week. It Mr, Starin cannot give us @ six A. M. boat all the week let him give us a seven A. M. that will run on time instead of being ten to twenty minutes behind time every morning. Jol J, SULLIVAN WHO MAKES POISONOUS CIGARS? To THe Eprror or THE HERALD:— Your excellent “Complaint Book” gives space to at least one public benefactor under the signature “J.D,” If smokers have no legal redress for aam- against the miscreants who vend cigars artifi- cially colored with ‘‘a hurtful, dark, poisonous tinc- ture,” they can at least make their names public. I am now suffering at the hands of a high-priced Broadway dealer, who must be either a rogue or s fool. Let smokers compare notes and expose ras- 4 GOOD SUGGESTION. To THe Eprror or THE HERALD:— Can you not call the attention of the public to the necessity of the gas companies and the Department of Public Works providing stop cocks to their service pipes on the line of the curb, the object being that gas and water service toa burning build: may be turned off at once ? In the first case it would prevent the escaping gas spreading the fire, and in the second event waste of water, ae present writing the gas still burning in the ruins corner Broadway and rand street, as the gas company cannot tear up the street at once. There cannot be a doubt but that where the occupants of a building neglect to turn off the gas in case of fire it spreads it when a ceiling or @ wall falls. PUBLIC SAFETY. HARD ON WOMEN AND CHILDREN, To tHe Eprror or THE Heratp:— A new regulation and imposition is being enforced by the New York Contral Railroad Company at the Grand Central Depot, in this city, whereby no person is allowed to pass from the waiting room to trains who is not supplied with a ticket. Ladies with chil- dren and otherwise encumbered, perhaps invalids, are not allowed an escort, and must make their way alone as best they can through the crowd, seeking Perhaps in vain a comfortable and ition on the train, while their escort, who y be a father, husband or brother, is compelled to stand back out of sight even of the one whom he would see comfortably and safely fixed for along journey. Many were the bitter expressions from # number of gentlemen on Monday; last as the half-past ten train moved out of the ‘Grand Central for the West. A general determination was manifested to hereafter avoid the route when possi- ble, ONE OF THE SUFF! ° ‘WAS IT To “‘sHOW OFF?” To THe Epitor oF THE HERALD:— I wish to call your attention to case of brutality on the part of Police Captain Washburn. While rid- ing down town in an Eighth avenue car recently an individual in a slight state of intoxication got in, paid his fare and took his seat, where he remained perfectly quiet and disturbed no one. Shortly after- ‘ward Captain Washburn in citizen’s clothes entered, and seeing the man leaning slightly forward gave him a push backward. The man merely smiled, which seemed to aggravate our valiant Captain; for, step- ping out on the platform, he led an officer, and then, reaching in, seized the man by the collar and pulled him vio! if through the door, striking him against the side. Then, having given him into the custody of the officer, with instructions to lock him up all night, he resumed his seat with a superior air, which seemed to say, ‘Admire me; I licked s drunken man.” No one was disturbed by this man's action, nor did he make any noise whatever; and it seemed to a number of the passengers, as well as to myself, as if Captain Washburn merely used the man and the , fo use @ boy’s expression, to ‘show off.” SYMPATHY. COMMUTATION ON THE ERIE, To THe Eprror or THE HERALD:— “J. H. L.,”” who complains in your issue of the 16th inst., of the embarrassment, extra expense and trouble caused to the commuters on the New Jersey Central by the regulations of that company, which re- quire 8 commuter who loses or mislays his ticket to pay full fare both ways, and necessitate his attend- ance at the Central o! to procure a reimbursement, is not as unfortunate as the commuters on the Erie, who, if they lose, or fail to use their commus tation tickets, find it impossible to obtain any re- dress from the company. The writer, having away from home four months, made personal and written application to the company to replace his four unused monthly tickets by others, but was answered that the settled rules of the company for- bade granting his request. This seems to be a dis- crimination it those who do not dispose of their tickets to others in favor of those who when intending to be absent sell their tickets, a common practice and one rarely detected by the conductors and officials of the road. A relaxation of this rule b; the New York, Lake Erie and Western Railroad wou! be acceptable to their commuters. DEWITT. WHO OWNS THE UNIFORMS? To rue Eprror or THR HEnaLp:— Within the past three days we have been compelled to wear a uniform gotten up by the Superintendent of the New York Central and Hudson River Railroad, but not suitable for the work which has to be done in it. They have deducted from the men’s pay the cost of the uniform, which is $10 to $12. We sup- we own this clothing in our own right, we hav. ing paid for the same, but now they want to compal the men to change their clothes leave their uni- forms at the depot at night, aud we poor men are obliged to take off s heavy flannel shirt while still warm and perspiring from working, go home without it and take conse- quences, be they what they may—probably a heavy cold, large doctor's bill, or may be death, When the men speak of it to the ‘officials they are told if they do not like it they can go. 1, as well as all the rest of the employés, denounce it as a downright piece of imposition. Iwill bet that neither Mr. Vanderbilt, Superintendent Toucey nor Disbrow would py ee themselves to go to their work out doors, as they compel us poor men to do, without coats on their backs on a cold January day.’ By publishing this you will confer a favor on all the poor workingmen of the G.'C. D. » Yours, truly, A SUFY! NEW YORK CATTLE MARKETS, Faupay, Jan. 17, 187, BECHIFTS FoR Two DAYS. au Beeves, Cows Calves. Lamba, “42018 Bo 27h 1798 Yards, Sixtioth street. + run. From 56 Ibe, 10 Ab it yard wolf 41 [inoi stoors ut Size. por Ib, stoors at Bike. por 1b. woight 1b, woight 734 ews with $1 ver Ib. At 3%. por Ib. : 21 Colorado steers of per heed weight Ag ews VALI HOte with $ per. on 38 head nt 10c. por Ib.—weights At Jersey City ‘ rds t. 8, O'Donnell Weight 64 cwt. M, Louterbacl Titpole “seero Ct ewe aT 1d ary cows at ai4c. per Ib hits BBS ibs. per hoad, ig ‘head & Fottey'a Hons oeeeee foray ee +4 theo tt 187 Kent may 1p, Weight BO wt, ; 180 Obfo sheep, weight 92 Ibs, wr owt; 16 be car . por Ib. aS Paty is. Trade siuall 26 grass tod calves Ny; 0 mont fed calves at de. Oe. por Ib., —= ee €