The New York Herald Newspaper, January 25, 1879, Page 2

3 AT AUCTION, wi Ry SALE STONE MANSION BONNE! NM AVS., \OING T LTH ST. BI ATURDAY) 0 CLOCK, MHA Furniture. 4 Goods packed, shipped, & SALI 0 HIGHLY IMPORT, N THIS ATU 10 (SATURDA YP AveTIO! MORNING, WEEN STH AND OTH AVS, uf & Co. PIANOFORTES, PIANOPORTES, ANO. ANOFORTE, 37 VELY AND PARLOR AND DRAWIN entin and raw silk, style Chairs, ebony aud bull Cal CHAMBER SETS 1 CAS! . BURPER, EXT! ATER: ao HI COMMENCIN 0 O'CLOCK, SUPERB HOU FURNITURE, E . STEINWAY & SONS. MGHT PIANO, Ng YIN 8: ED IN RAW SILK, PARLOR MARQUET, ») CHOICE L ol ANI THIS DAY ¢: URDAY), AT 11 O'CLOCK, at onr salesroom, 7 Nassau st., # ASSIGNEE'S SALF, OF THE ENTIRE STOCK ‘of a wholesale and retail : TOY AND BABY CARRIAGE WAREMOUSE, lier with all the Showeuses, Counters, &e, f ‘Toys, of every description, joizhs, Gunes, &e. e WHOM i? M. sand ingrain Carpets, ‘and two fing Safes, 20 rolls Oileloths, 90 Oil Paint "7 by Bai Piano by McDonald. fUNIS JOUNSO? old stand, 37 Navsau st." NEW YORK HERALD, SATURDAY, JANUARY 25, 1879.—-TRIPLE SHEET. - FINE ARTS. 3 BROADWAY Ture an bo JUST RE. tiful collection s¥PuRE Wceived from Eui of uutique convex <YPHER & SWaluable anti i tique Furniture, at reduced prices MUSICAL. ms EXPERIENCED, PIANO, ORGAN, AN iI" residence ; $6 quarter ; best reference orald Uptown. APPLY AT BREWS- ter's Buildiag, corner Sth av, aud Lath st. __ DANCING ACADEMIES. LLEN DODWORTH’S SCHOOL for Dancing au struction duily. DANCID ACADEMIES, Brooklyn branch, 391 Fulton st. Classes forming; private lessons hour; now.» ide aud Society Waltzes specialtios. R. HLASKO'S ACADEMY POR DANCING, 1,478 Broadway. Second term, _INSTRUCTION, "A LADY, HIGHLY EDUCATED AND re lsudie. English and German, as visiting governess. Address M. box 119 Herald office. SCHOOLS, COLLEG CHER,—EXPERIENCED classics of Glasgow University, tion as teacher, travelling or private tutor; bral Latin, Greek, mathematics. drawing and gonoral Eu Address RB. M. 3.,box 140 Herald ofico. NEACHERS WANTED, PERIENCED EFISCOPA- Mian Indy for noighboring cit fan, bookkeeping, neighboring city, immediately - mas, South, September, SCHERMERHOR th. East V ANTED—MALE ENGLISH TREACHER FOR TWO a jaily; good Board and compensation, Apply o'eloe! PRO’ Bond FURTHER REDUCTION IN ICES FROM JUNE 1.—Mantols, Grates and all Kindy of Slate Work ; large assortment; new designs. PENRILYN SLATE COMPAN 5U Union square, 4th av, and 17th st. XLATE, MARBLE AND WOOD MANTELS IN GREAT variety, T. B. STEWART & CO., 75 West 23d st REAL ESTATE, At the Real Estate Auction Rooms, January 24, the following parcels were sold:— BY OAKLKY & CO, Petor B. Olney, roferee—Foreclosure sale of a plot of lund, 100,11x100, on 10th av., #,, eornor of 121st st. to plaintiff.......... 000 2 me 9 0 BY WititAM KENA ON, MONDAY, JANUARY, 27 AMEE S1OGK | Charles F. Estwick, referco—Porvelosure sale of tho ‘sets and Effects of O. IT. Kelley, ou the bres ie aes paspmens jpken ey loaaae ag py iiethioweyh 10.5, No. 453 West h ot..n, 8, 224.2 ft. e . BOY STH AY., between GIST and 52D sts. av., to plaintiff. eee 11,000 ART, GOLD SOMPRISING 1 , SI Rings, Bi ol Long Island. By ordi ULY%, Esq., Assignee, 51 Cedar st. ND UNRE RVED EOF IN RKISH AND PERSIAN CAR ‘AND RUGS, ely uew and frosh importation just landed ex steamer comprising Ghiorde, Kura, Persian, Afghan, Coula and OICE OLD DAGIISTAN RUGS. Hand, in, Ke e sale of one lot, 250 ft. w. of 3d ay J,.8. Potter, referee—Foreclosur: 25x102.2, on s. 8. of East 76th 1 asin cid, x av., to H, Browster, rofereo—Foreclosure sulo of a gore lot, 82x178x158.2, on n. #. of W: 125th st., 100 ft. w. BY BERNARD SMYTH. R. G. Beardslee, referee—Foreelosure salo of the five story stone front store, with lot 34.3x74. 11x23x Al RA (india) CARPETS, rare and superb, 50,6, No. 2 New Chumbors st., a. s.,5 ft. « of Chut- ’ N VIEW, and to bo sold at auetion. at ham ' st. ; to plaintiff + 22,440 MA’ 3) ART 'KOOMS, 55 CEDAR STREET, BY &. ¥. . THIS DAY (SATURDAY), at ONE orclock. Edward Patterson, ruferoe—Foreclosure sale of the DANIEL A. MATHEWS, AUCTIONEER, 55 CEDAR ST, | “tive story brick building, with lot 25x100, No, 20 RICHTER & TUFTS, AUCTIONEERS, Gthay., a, 26 ft. n. of Sd st. to plaintllf........ 16,000 t office, Cedar st, corner of N © Old TH va i$ DAY (SATURDAY), AT 10:30 A. M., Sale of elegant tirst class Household and Office Furniture, Oil Paintings, tine hair Mattrosses, de. Elogant 4 round, full carved, noaily new Pianoforte, Large lot of very choice Jewelry, Charms, Shells, £e., made from native products of Florids, unique and rare, yee NOTICE.—DE! OFF FURNITURE and Store Fixtures will be sold o 25, at 11 o'clock A. and 12 Thomas st., 1 Office Furniture and & CO., Auctioncers, 22 und 124 Duane st. OLL PAINTINGS. wor, Will yell, ab , wt 12 o’cloek, AND FOREIGN RICHLY M BY R A. YO! Si Kk, au st., of housohold erlor Suits, Bedding, Crockery, &e, . AUCTIONEER-SALE THIS day, 108% Great Jonow st., largo assortment Walnut’ Bedsteads,’ Buroaus, Washstands, Parlor Suite, Chairs, Tables, Carpets, Mattrossos, Sewing Muchines, Stoves, Extension Tables, Becr Pumps, Uardware, &c. BY Ceewagx ottice Sale of of Lexington avs en Monday next. Catalogues ‘auctioncors or at sale. VEO. A. LEAVITT & CO.. AUCTIONERRS. ‘A GRAND COLLECTION OF FINE BOOKS NOW on exhibition fat C Hall, to be sold by auction Monday and Tosday e cs. Fine Art and {ilustrated aud:stundurd Works, in th gant bindings, at salesroom, and office Furniture, A. DU Y JOW esidence, in be had at the office of 0, A tinest condition, mostly in alo D. Nineteenth Annual Exhibition ° Paintings contributed by members in wid of the fund. and evening, at the oins, $17 Browdway, of sale, AY EVENINGS, Now open, free, Louvitt Art i SMITH, AU! LER, CHAMBER: wle.—Ky virtue of an execution I will sell th day of January, 187, at 3 o'ctock im W Ath he ‘Stock and Fix- SELL, 2 Dp & HELM, AUC i Fixtures Columbia st. ele SELLS THIS lock. at xales- y Costumes, spring Beds, * and Jewelry, 30° Revolvers, Clothing, thi x Machines, three cases Boots aud Bhucd, Pipes, Cigars and a varloty of general Merchan- R, WILL SELL THIS st., tine Liquor Bar, ump, ledhouse, Glassware, n lots. da, at 11 o'clock Back Bar, fine Kngli Btove, Pictures, Showe P. TRAVER, AUCTIONEER, WILL SELL THIS 1879, by virtue of a chattel m . M.. at No. S48 Greenwich st., tor Morigagee, EN THAT THE STOCK OF e Fixtures assigned Boots and Shoes and St J. Grant Sincl with lot 18x05, No. 34 e. of 6th ay.; to W: OFFICIAL REAL ESTATE TRANSFERS. The following is a statement showing the real es- tate transactions recorded in the Register’s Offce January 24:— Ladlow st., ¢. s. (lot No. 1,336), ‘aud Delancey sts., 25x87.6; wife to Margaretha Ilomberg. Meth st, 6.» 220 ft. w. of Michuel'Reily ‘and wife to James Fitepatrick 126th wt., w. s., 175 ft. w. of 7th ay., 12k,x99.11 Smith to Jane A. C. Pla 27S ft, f detween Broome 'y Broossler und Essex st., w. 5. 25x: becea Abrahams and busband to Rano rt Eust Broadway (No. 175), "28: hams and husband to Abrabam M. 4th st., East (No. 280), 27.6x: Her and others to B'nai Ysrael 3 Allen st. (No. 163), 25x87.6; P. J. Joachimsen (ref- ‘eree) to Elizaboth Koch, . 87.5; Re B, Abra- . 6,000 of Sydnoy st. to Berrian st st F. Fabb to Alice P. Sea: 4 one -- 6,250 Juma . rson cth ward); August Meyer and wife ik. 350 8, BO ftw. of 24 w pouh th si Thies to Moses Op; ‘38th ot, a. 4,90 ft. w. of ad rady to Frank R. Thies. 2 ‘B00 ft. w. of Bt St, 8. #8. 300 . Miller dnd wi i Mi , 475 ft. o. of Sth av., (executor) to John Clapp, Jr. B75 ft. w of Bd ay., SUXIO0, 91s D. Brown Ist (trustees) LEASKS, University place, w. s., 70.7 ft. ¢. of 9th st. 8 Snug Harbor to J University place, w. 60 your: 6th st, «. e. corner of Ist a jam Wellowits; 3 years... 8th av. (Nos. Gd, Gti, Ges), ‘Dux; 3 years.:. Clapp, Jobn Jr., to Stephen Brow w. of Sav; b your.......... Congregation’ B and auother, a at By 10,000 Schaeifler, Jos. and wil ger, ©. ; ‘Norfolk'st, (lot No. 1,588); 5 years... 8,000 wis & Co, will be sold at auction Januar; i ¥ SEP Same to same, n. s. of 16th st. ¢, of av. B 5,000 eA. Mat iMGthay, JOSEPH BA Saiich Della, te, the, Mutual SHERIFF'S SALE—VAN TASS . pany, No. #7 Haat Oust at. 3 1 7,000 WO Sheriif's Auctioncors, will sell this day, at 1 o'clock, ut | Titus, Oliver C., to Hen 4 ion square, a stock of assorted Groceries, Wines, | | of Valentine you 1,000 iquors, Tous, Soaps, Salt, Wriy Rowe ou very reasunable ow but Tittle used oxe os and several fine Parlor Organs ‘other wakors, Boware of bogus instruinents reprasen ‘As gouning Stolnway Pianos at auction and private sal WAY & SONS, ARB AND GRAND je aud rent, a nuu- =FOR RE ALL. Pianos of « der of fine second hi WILLIAM KNAKK & CO. T HALLETON BROS., MANCPACTURERS, 34 AND 36 University place, a large assortment of new and noc ond hand Pianos (some of the Iattor as good as now) will de wuld or rented at prices to suit the times, A OND HAND WEBER PIANOS AT VERY AA grout barzains; somo of thom used bat a very short timo by our bost musiciaus, and really almost as good us now ; fully warranted in every respect, Please call at the EBER Warorooms, Oth av. and 16th st, CTS SPRAK LOUDER THAN WORDS—KEAL B, nw in Pianos better thal log advertioumeuts, 21 th mt. =—DECKER BROTHERS, 33 UNION SQUARE, sotfer their large assortment of now and second han at pric it the times; Pianos to rent, SPL 75 ARION SQUARE PIANO, only six months, will be sold for $225 eaah Jat bath wt, LADY WIL Joss than $0" JRARGAINS SACRIFIO toul and Cover. 196 2d av. ] PIANOS, 7 OUTAVE: Jearved log: 1; rote, 83; double btope, $60. GORDON & SO BRAUTIFEL RosEWwoon Ts OCTAVE © forte, lene than $100, Residences 220 Bass UOvh, Bd av {UKEMI ORGAN ol Organ (ne “A $500 NESALE—A s one. Address, for C3 ugh order for lows than Y ZEBL iladelphia, tof ne one weak, JOULN Y, 450 Marshall at. ] BOKER BROTHERS SQUARE, STEIN tor, G supord instruments; fare bargal G4 Gast 10th st., four doors west of broadway. RY OFFER PORK JANUARY. $80, $50, $40 and $85; 7 fe. B10, corners, and €6 monthly will buy new Pian aT WATERS & SONS, 49 Kast 14th at, NOS THAT WAVE one-third their real NO MANUFAG . between id and dth ave, served seats OU couts | ‘ } . ae ri ee b ch y an i LAT it it 4 E 1 n % 1 0. ET D Earrings, Nee! Mi gid ward) iro Ins J 9 Prony to. if 761 Morris, Al a By PANG | * ° 2 ie |W st a soa RIO; ry a ¥ Thi ads! ORTEAGES. Buxton, William Rural’ A. Conali naan, Jad wae Kiazsley, Howry Yate Collage Rainsford, Mora THE WIND: OR HOTEL, TO BE SOLD AT AUCTION UNDER FORECLOSURE OF MORTOAGE—TRE RISK AND YALL IN Is FORTUNES. The Windsor Hotel, on Fifth avenue, is advertised to be sold under foreclosure of mortgage ou the Sth of Febraary, The yround on which this building stands was leased from the Goclots in 1871 by Mr. John T. Daly at the yearly rental of $19,400, the Gou- | lets ayrecing to loan $100,000 toward the erection of the hotel. ‘The building was commenced in the spring of 1871, and in August, 1872, 8 mortgage was made by Daly to tho Goelets for $100,000, In the November following a further sum of $50,000 was advanced by the Goelets, ‘The building was leased to Hawk, Waite & Witherbee for the term of ten years at the yewrly rental of $125,000, In the month of September, 1873, the hotel was opened, and at this time an additional mortgage was made to the Goelets for $30,000, making a total of $140,000, ‘The property was then transferred to the Windsor Hotel Company, which at that time con- sisted of J, f. Daly, his wite, son, daughter and brother, Claims were immediately presented against Daly and the proper.y by the various mechanics om- ployed in the erection of the buiiding, for #ums ag- wreyating over $300,000, and all sorts of proveedings were commenced, A score of lawyers appeared and Daly soon found himself in @ legal net from which he vould see no chance of escape. His mind was soinewhat disordered yb these troubles, and tn May, 1876, his lifeless body was found im an old dilapidated house on a | road at Laurel Hill, L. 1. ie had committed sui Since that tii the rents of the hotel have been absorbed in taxes, interest on mortgages, and in pay- ing lawyers and law expevses, but there has been no ne reduction of the debt. In Uctober last Messrs. Hawk, Waite & Witherbee decided they would no longer continue to pay the very large reat required by the terms of the lease, Suits and negotiations followed, and an srrangement was made reducing the rent for the balance of the term to $110,000 per your, ‘This sum was hardly suilicient to pay the interest on the indebtedness, alter paying taxes and other neces- sury expenses. Yhe purty holding the first mortgage, after the Goclets, amounting to $28,000, insisted oa the fore- closure, and the property that, cost $900,000 and ia HOW rented for $110,000 per year will be sold on the 6th prox. to the highest bidder, THE COURTS. Important Suit Against a Fire Tnsurance Company. “THE WINTER OF OUR DISCONTENT.” A Queer Trial and a Lively Host of Litigants. onnrnertpineicaanetiet A suit of unusual interest to insurance companies and insurers on fire insurance policies generally came up yesterday in the United States District Court before Judge Shipman and a jury. The suit was in- stituted by Messrs. Robbins & Appleton against the Fireman's Fund and Insurance Company to re- cover a contribetiye share on a policy of $5,000 taken out in the company. From the testimony it appeared that the plaintiffs, Robbins & Appleton, occupied the second floor of the building Nos. 1,3 and 5 Bond street, which was destroyed in the great fire of March 6, 1877. The plaintiffs being the sole agents for the American Watch Company, they kept their own stock of valuables, together with the property of the American Watch Company, in the same safe in the Bond street building. There wore fourteen policies, amounting to $80,000, in varions companies, inthe name of the American Watch Company, and tour policies amouuting to $30,000 in the nume of tho plaintiffs, Afser the fire the fourteen companies paid their contributive por- tion of the losses, amounting to some $64,000. It was claimed that the four separate policies for $30,000 in the name of Robbing & Apple ton also covered Amorican Watch Com- pany’s goods, inasmuch as Robbing & Apple- ton were their consignees and general ents, and that consequently these four policies should contribute their proportion of the.total logs. The companies objected, und a suit was brought to compel them to so contribute, and im Trenton, N. J., 4 short tine ago, which resulted in @ verdict for the plaintiffs. An action was then brought by tho same plaintiffs aguinst the Columbia Insurance Com- pany which resulted in favor of the plaintiffs. A third trial is now being had before Judge Shipman, in this district, it being contended that the tour com- panies are liable for the loss sustained by the Ameri- cau Watch Company, as well as for the logs sustained by Robbins & Appleton, the defence being, as in the other cases tried, that they are only le for the damage done to Robbins & Appleton. Messrs. Abbott and Fuller appear for the plaintiffs and Messrs. Van Cott and Winslow for the defendants, ‘ a A LONG CONTESTED sUiT. A suit that-has been lingering for several yoars in the courts, and in the multiplicity of motions and counter motions finds rarely a parallel, was yester- day brought to a trial in the Supreme Court before Judge Potter, The suit was that originally brought by William Winter against John H. White, Mortimer Livingstone and Henry W. Livingstone, and was begun in the Supreme Court in July, 1871. Since the com- mencement of the suit Mr. White has dicd. As is well known the suit was brought to set aside a trust deed to D. C. Birdsall, bearing date December 23, 1863, he being entitled under the trust to collect the rents of the large property, valued at some $200,000, lefe by Gabriel inter, father of the plaintiff. The elder Mr. Winter died intestate, leaving surviving him as heirs William Winter, his son, and Mortimer and Henry W. Livingstone, sons ot his deceased daughter, Mrs, John Livingstone. ‘The plaintitf is now about seventy years of age and & buchelor, His story as to his alleged ill-treatment by Mr. Birdsall as trustee has already been fully pub- lished, Mr. Ira Shafer and ex-Judge Porter appear as counsel for Mr. Winter. John Livingstone ap- pears for his sons. After Mr. Winter had been called to the stand Mr. Livingstone asked for the postpone- ment of his examination until his associate counsel, ex-Judge Fullerton, could attend. The request was granted and the trial will commence on Monday next. CAVALCADE OF DEFENDANTS. The First District Court was filled yesterday by the attendance of seventy-five defendants, who had been sued by the Lawrence G. Goulding Company for hay- ing given their promissory notes, by which they agreed to pay $10 on the receipt of @ religious book entitled the “History of the Catholic Churches.” Moat all the defendants were represented by counsel, some of whom claimed that they were induced by fraud to sign their names, The cases were all ad- journed with the exception of one, which was the case of Lawrence G. Goulding & Company against Michael Madigan, a former Assemblyman of the First district. The agent for the company testified that the defendant made a promissory note agreeing to pay the above sum on the delivery of the book, and that the book had been deliverek. Mr. Alfred Steckler, counsel for Madigun, placed the defendunt on the stand, who testified that he did not receive the book. Mr. Steckler raised the novel point that the suit would have to be dismissed on the ground that inas- much as they sued in the name of “Lawrence G, Gould- ing & Company,” and their certiticate ot corporation being in the name of “Lawrence G. Goulding & Co.,”” they were bound to sue as they were incorporated. Judge Callahan reserved his decision. This decision is looked for with great interest, as it will dispose of the other suits, which are all in the name of Lawrence G. Goulding & Company. ASSAULT ON THE HIGH SEAS, John Jones, first mate of the American bark Mathew P. Tucker, was arrested yesterday by Deputy Marshal Bernhardt, charged with an assault upon William Johnson, a sailor on board tha: vessel, on a recent yoyage from Buenos Ayres to this port. The assault is alleged to have been committed on the 11th of December last, whea on the high seas, It is claimed by Jones that the arrest is made tor black. mailing purposes, the ship being in port for sever: weeks without any charge of assault being preferred against him until now. The accused was held in $00 bail by United States Commissioner Deucl, which was promptly furnished, and the examination is set down for this morning. SUMMARY OF LAW CASES. By order of Judge Choate, of the United States Dis- trict Court, discharges in bankruptcy wero granted yesterday to J. McCafferty and T. Mackellan, Application was made yesterday to Judge Barrett to strike out the reply of Stodard, Lovering & Co, in their suit against Duncan, Sherman & Uo. The Court took the papers. Judge Lawrence yesterday denied a motion to con- tinue the injunction granted in the suitof Elliott W. Youd ayainot the Gold and Stock Telegraph Company, the facts of which Lave been published. Richurd D, Barnes was brought before United States Commissiouer Deucl yesterday ufternoon, charged with passing counterfeit ten cent coius, He was held in $000 bail for examination to-day, lu Part 4 of the Marine Court yesterday, before e Goepp and a jury, Andrew Enyler recoived an admonition in favor of virtue and goud faith, fo the form uf a verdict against hii for $2,000 to compon- sate Sophie Bulon for damagos which she alleged ‘Andrew usd inflicted om ber by seducing her under a promise of marriag As will be remembered, some time ago a suit was y Charles Brintley Bingler, executor of Menry « Poole, ayainst Kdward J. Arnott, the actor to recover payment of au alleyod unsatisfied jlor'a bill. Kor non-appearanes Arnott was fined torpt, which he promptly paid. His exam- on it stip tary procwodinigs us to his has beeu ordered by Judye Barrett, miei Davy U. Stammers alleges that 4 certificate for five ehares of the New York Central and iludson River Kallroad stock belonging to her aud registered in her naive was stolea in May, 1975, from her residence in Haltimiore, oud that the company retuse to give her & now certificate. Judge Barrett yesterday gave an order directing the granting of a new certificate on her filing a bond for $2,000 a8 indemnity in case any other persou proves himself to be the owner of the original cortificate, Several liquor dealers indicted for violating the Excise law were arraigned yesterday by Assistant District Attorney Lyon, in the Court of General Sessions, Judge Gildersleeve imposed the followin fines on the parties who pleade nilty:-—-Leopold A. Stern aud George Harbor, No. 341 Bowery, $50 and ‘anz Becker, No, 319 Bowery, $50; 7 Bowery, $36; Peter Ehrst, No. $lv, and Louis Beliat, bartender Anumber of dealers did not appear, and their bonds were forfeited, In the matter of the ‘Baba’ injunction, the facts ot which were published in yesterday's Hinatp, the order ot injunction provides that the same be made permauent so far as to restrain the defendants from using in any form, and from altering, assigning or producing the plaintiff's trangation and manuscript work of “Al jin, or the Wondertul Lamp,'’’ or any part thereof, ‘The injunction, however, does not in- tertere with the pertormance now at the Bowery The- atre until after the performance to-night. tem- porary injunction previously granted is in all other respects dissolved. This order was settled by Judge J. ¥. Daly yesterday on application of Mr. Franklin Dien, the defendants’ attorney. Josiah Jex has brought # suit against Mrs, Jacob Boaz and others to recover je of rent claimed to be due for the occupancy of the Standard Club House, ut the corner of Forty-second street and Hroadway. The defendants executed s ten years’ lease of the premises at $14,000 a year rent, whieh was paid for seven years, but payment refused for the quarter commencing with October 18, 1877. The de- fence iv that there was a running stream under the butidiny, which made the place damp, and that the rool was leaky, lu November last judgment was taken by default, Application was made yesterday by Messrs. Lauterbach & Springbar, the defendants’ counsel, to open the default. ‘This was opposed by ex-Judge Dittenhoefer, who claimed that the apie tion was tor delay and’ the defence frivolous, Judge Barrett, before whom the application was made, took the papers. sadalaneeieete COURT OF APPEALS CALENDAR. Atnayy, N, ¥., Jan, 24, 1879, The following is the Court of Appeals day calen- dar for Monday, January 27, 1879:—Nos. 38, 35, 36, 18, 45, 46, 34, 7. UNITED STATES SUPREME COURT, WasarseTox, Jan, 24, 1879, The following was the business transacted in the Supreme Court of the United States to-day :— No. 593, Robert O, White, Ma re vs. The United States.—Submitted by J. J. Weed for popsient and Assistant Attorney General Smith for ap; » under the twentieth rule. No. 1,058, John G, Williams, administrator, &c., ap- pellant, vs. The United States—Appeal from the Court of Claims.—Submitted by P. E. Dye for appellant and Assistant Attorney General Smith for appellees, un- der the twenticth rule. No. Arthur Pickering et al., appellants, vs. Mic! McCullough et al.—This was a suit for an infringement of patent upon an improvement in the manufacture of crucibles. Submi by J. E, May- nadier for appellants and W. Bakewell for appellees, under the twentieth rule, No. 146. The United States, appellants, ve. The Burlington and Missouri River Railroad Company.— Argument continued by J. M. Woolworth for ap- pellee and continued by Assistant Attorney General Smith for appellants. No. 147, Nathan and Rebecca Myrick, plaintiffs in error, vs. Benjamin Thompson.—subimnitt by E. Cc. Palmer for defendant in error; no counsel appearing fer plaintiffs in error. No. 148. A. C. Britton, surviving partner, &c., et al., plaiutifts in crror, vs. ‘The Police Jury of the Parish of Concordia.—Submitted by Thomas J. Semmes and Robert Mott for plaintiffs in error, and Me i. Beckwith and George 8. Sawyer for defendant in error. No. 150, The United States ex rel. Morris Ranger, plaintifls in error, vs. the City of New Orleans.— Passed until No. 167 is reached, No. 152. George W. Joy, appellant, vs. Elizabeth Daly.—Appeal from the Supreme Court of the Dis- trict of Columbia,.—Argued by James 8. Edwards for appellant and 'T. 'T. Orittenden for uppeliee. urned until Monday at twelve o'clock, MRS. OVERIN IN COURT. AWEAT LITTLE BOARD BILL WHICH MRS, OVERIN IS ASKED TO PAY—THE STORY OF THOMAS MAR- TIN'S DEATH BED MARRIAGE, Mrs. Mary A. Overin, a woman who has attained considerable notoriety through her testimony at the inquest over Edward Malloy after the ‘The. Allen” shooting affwir, and her indictment for bigamy ‘at the instance of her husband, Henry A. Overin, of which she was acquitted, made another appearance yesterday on the witness stand. This time it was in an action brought before Judge Parker, in the Second District Court, by Mrs Annio E. Holmes, of No.3 Bleecker street, agninst Henry ©. Overin, to re- cover $250 for board and lodging furnished his wife since August 1, 1873. Mrs. Holmes took the stand and testified that Mrs. Overin was to pay her $12 per week, and after that $13, but that as yet sho had received nothing. Mrs. Overin followed and succeeded in producing quite a sensation by her pert and sarcastic answers. It was the purpose of Mr. Van Cott, who was counsel for Overin, to draw from her the story of her past life, to show that he was not responsible for her debts.’ During this pro- cess she beceme indignant, and, knitting her eye- brows, retused to answer, and when ordered to do so Sten Ene the Court in her sharp and sarcastic replies, irs. Overin testified that she married Overin eleven years ago; she had lived with him before murriage; they separated, but after three years lived together again, and again separated; while they lived together she said she supported him, She further testified that her husband is an attaché of the Tax Office and has a livery stable and express business besides, hi income being between $500 and $600 per mont about three years ago she lived at the house of Mrs. Coleman, in Greenwich avenue, where she was known as Mrs, Morton; she was not the wite of Thomas Morton, but he visited her occasionally. “Were you married to Morton on his death bed?” asked Mr. Van Cott. “No, sir,” she answered, and then in 3 low Me | ‘4 which occasionally trembled with emotion, sh the story of Morton's death bed marriage. “ sister Allie and myself were in the room with him, she suid; ‘*he kuew and we all knew that he could not live; he sent for Father Loughlin, who came and heard his confession; ‘Madame,’ said the father, ‘you cannot stay in the room because you are not married to him;’ the dyin, inan asked me to marry him to ease his conscience ; went to another room with my sister; I suid to Allie that I would marry him to ease his consgience, as he was a Roman Catholic; Allie said, ‘You must not do it; you are Hen Overin's wife;’ ‘then we went back to Morton’s bedside and knelt down beside it; my sister gently pushed her hand into his, aud while he thought he was marrying me he married my siste: I thought this was just as well, as it eased his co: science.” The counsel for the defence asked her how often she had been arrested, This was objected to by Mr. McClelland, the plaintiff's counsel, but Judge Parker overruled the objection, and she answered four times, but each time she was honorably acquitted, The de- cision was reserved, HALL AND HATZEL. FURTHER TAKING OF TESTIMONY BEFORE JUDGE WANDELL—THE DEFENCE CLOSED. The Hall and Hatzel Aldermanic election contest was continued yesterday bofore Judge Wandell, at the Jefferson Market Police Court. The examination opened at ten A. M. and was continued throughout the entire day. The only witness examined was Thomas Boland, of No. 7 Hester street, whose testi- mony was as follows :—I wus an inspector of elections in the Eighth Assembly district, and was chairman of the Board; the ballots were taken from the box, counted by me in tens, and then passed to the others im tens; saw that t) y compared with the poll clerks’ list as to number; 1 ‘uen filed them and canvassed from the file that secmed to be the largest; Kenney and Hall were the first names read; Murphy called them off or read the names for the poll clerks; after he got through I made out the station house return trom Inspector Hall's tally list, then hauded it to the inspectors, and finally gave it to the policeman; read off the vote as it there appears—Hall, 130; Hatzel, 93, when the poll clerk announced Hall 200, Hatzel 23,'and so on, I made a mistake in calling Hall's second lot on the paper for Hatzel, crediting Hutzel with them; Hall pointed out to me ‘on the paper where and how I imade the mistake, and wil the inspectors saw it. On cross-uxamination witness stated whea Mal! made out his tally . Hali's taily were arrahged thus: 86; Struck, 70; Hook, 4; Hoffman, 4; Hatwel, 23; Hall, 10; detec 1am certain that the names were #0 ureanged; did uot verify the poil clerk's announce- moeut; the poll clerk's announcement was the frat heard of the mistake; examined the tallues on their Duoks while the other inspectors were erasing the off- cial returns; the clerks did not have figures on the end of their returns, . ‘Lhe remaiuder of his testimony was airailar to that which was piven by tue other inspectors at the pro- vious hearings. By consent of counsel on both sides an adjourn- meut was had antil Tuesday morning next, at ten o'clock, When the summing up will commence. SKNEY INQUIRY. Aroport was mado yesterday to the General Term of the Supreme Court by Referee Oliver P. Buell, who ‘was appointed to take testimony in the proceedings begun to remove Civil Justice Walter 3, Pinckney on ebaryes of judicial incapacity. This report, however, contained only a transcript of tho testimony taken during the investigation, and was without any find- ings. The counsel present when the report was handed up were Corporation Counsel Whitney and Mr. Miller, on behalf of the prosecution, and fadye Yowler for the defendant. Mr. Whitney moved, on tho testimony that was handed to the Court, that Justice Pinckney be re- moved from his office. Ex-Judge Fowler asked for a suspension of the proceedi until further testi- mony could be introduced, w! he had been un- able to procure unt{l then. The Court, which consisted of Chief Justice Davis, Judges Brady and Ingalls, atter @ short consultation wave ex-Judge Fowler until Monday next, at half- past ten o'clock A, M., to introduce turther testi- mony. Corporation Counsel Whitney said he would at that time move for the Judgment of the Court. A CONSPIRACY IN FRENCH. Albert Pillott, a shoemaker, says he recently pur- chased from Justin Villeman, in whose employ he had been, the stock and fixtures of @ small shop, agreeing to pay therefor $165. te paid $65, cash, with the understanding, as he says, that he was to take immodiate possession and pay the balance by instalments. Hoe declares possession was refused him by Villeman, and he began @ civil suit to secure it. In tho due process of law ho employed a friend named Smith to serve a subpana upon Villoman. It so happened that Smith understands French very and while serving the aubpwna overheard » conversation between Villeman and a friend who was with him at the time, Poor Pillott stood charged in the Court of Sessions yesterday with having stolen a pair of shoes valued at $6, and Justin Villeman was the complain ont. The prisoner pleaded not guilty, and offered his friend Smith as a witness, The latter that the conversation he overhoard botween Villeman and hin frieud wae ® conspiracy to charge Pilot! with stealing the shoes. Smith’s knowledge of French secured an acquittal for his friend, and the Court advised the defendant that he had good cause Sh action for damages in # suit for tulse imprison- THE DIPHTHERIA DISTRICT. STRANGE SANITARY DISCLOSURES IN BROOKLYN— DEATH LURKING IN THE HOMES OF THE WEALTHY, That diphtheria, scarlet fever and pneumonia have been particularly active in certain parts of this city and Brooklyn during the past year is, unfortunately, no news to the public; but that criminal careless- ness, official stupidity and extraordinary reckless- ness on the part of property owners are in & large measure directly responsible for the fatal efticacy of these dread destroyers, is by no means & pleasant reflection, Although in a certain sense the death of a pauper is of as much consequence as the death of a millionnaire, there sre obvious reasons why the latter, occurringin & costly mansion where money had been lavished on devices for protection and comfort, should attract the greater attention, especially if it was a reason- able inference that sewer gas was in any degree a pre- disposing cause. Fortunately the death of the late Mr. Rockwell, in Brooklyn, was brought to the notice of the authorities of the City of Churches, and the result of an official investigation is most surpris- ing and of great public interest, In the district bounded by Montague, Joralemon, Clinton and Furman streets live many of the wealthiest and oldest familia in Brooklyn. Furman street runs abong the river tront and is on low ground, occupied mainly by warehouses, car tracks and cheap tenements. On the Heights above it and in the other streets named live the Claflins, Lows, Pierre- ponts, Beechers, Storrs, Schencks, and many of their wealthy and luxuriously koused acquaintances. In it ure Plymouth Church, Holy Trinity, Church of the Pilgrims, Dr. Bethuue’s old church, the lk Uai- tarian Chureh, and, in fact, the princi hurches of the city. In it also a great number ot ren and not a tew adults have been carried off by scarlet tever, diph- theria and pneumonia, When Mr. Rockwell's family begun to die, and one after another was carried to Greenwood, public attention was attracted to the sev- eral possible causes of the extraordinary fatality, but no one dreamed that the death trap was the trap in the milliounaire’s costly but worse than uscless plumbing. WHAT THE INSPECTOR FOUND AND BAYS. The Sanitary Superintendent of Brovklyn, Dr. Joseph H. Raymond, uot at all cmburrassed Uy the ambitious front of Mr. Rockwell's magnificent resi- dence, and in no way affected by the many millions ot tho tamily, went systematically to work and examined the pipes and general plumbing, ac- companied by au expert. Among other things they found that sonic of the main lines of soil pipe that are continued to the roof do double duty—carry- ing off the sewer gas and acting as rain. leaders, One of the pipes recvives the water from 1,200 square feet, and during heavy rains is so filled with water as to at every trap connected with it, ‘The water closet in Mr. weil's bath room is attached to this pipe and its trap was so uearly emptied of water by its use that it oifers no obstruction to the entrance of sewer gas. Mr, Rockwell had wash basins in his sleeping rooms and uursery, but the water pipe does not go to the roof and the traps are not ventilated, ‘The traps do not hold water, so of course the gas has no difficulty in gaining entrance. The sink waste pipes are not carried to the roof, and, in fact, if the careful builder had desired to turn his house into a hospital and farnish his own patients he could not have devised a better system of defective plumbing. SICKNESS A NORMAL CONDITION. That diphtheria should haunt the district alluded tois not strange. At times the streets are stroug with sewer stench. The houses frequently are so otfensive that it is next to impossible to remain in them. According to Superintendent Raymond the sewers there drop almost perpendicularly from the bank to Furman street, a fall of fifty feet. There being no traps, there is aclear channel for the gas from the sewer. If on its way up the pipes to the roof the gas finds an opening elsuwhero it naturally avails itself of it, and soon obtains access to tho sleeping a) ents, While all the houses are open to this criticism the splendid mansion occupied by Mr. Rockwell's family pears to be about the worst in its plumbing details. ‘That the gas did obtain an entrance in his house is evidenced by the sad results. An extraordinary feature of the inspector's report is the mention of a large tank which supplies water to the upper floor, water which the servants drink. An analysis shows that the water contains a large amount of organic matter, and is entirely unfit to drink. Its overtiow pipe connects directly with the soil pipe, and as there is no intervening trap it would be he cult to suggest a way tor rendering the water malignantly offensive. WHAT 18 TO BE DONE? The report of Dr. Raymond has worked up Brook- lyn to a fever heat. Had it been shown that Furman street or any of the older streets the other side of Fulton were sewered it would not have excited much surprise, but to find the homes of the ‘first citizens’ at the zenith of disease and the centre of foulness was such an unlooked for discovery that" “the boldest hold their vreath,” and well they may, for scwer gas is not especially healthful. ‘The Board of Health has nm hold of the Rockwell house, and the plumbers will have a fresh opportu- nity to show how much they can do and charge for. The pipes along Pierrepont place, where Abiel A. Low, H. D. Lyman and Henry E. Pierrepont live; where a beautiful park, tormerly a partot the Pierre- pont farm, borders on the yard of Simeon B. Chit- tenden, have been biown out; and Columpia Heights, on which live President Arthur Rev. Dr. Schenck, Henry Ward Beecher, Thomas Shearman and a host of the great and good of the city, are to be thoroughly overhauled and put in the best ) aoe] order. Soon the song of the plumber will heard in the land, and if the preparations really result in anything practical and bg the death of Mr. Rock- weil will not have been in vain. ‘SCARLET FEVER. Twenty-five cases of scarlet fever were reported yesterday to the Health Board and five of diphtheria. As the week draws to a close the totals show that there is a slight increase during the last six days over those immediately preceding them, but not sufficient to be alarming. The sanitary corps is still hard at work, and every expedient available has been employed to check the contagion, Families could do much to facilitate this by speedily reporting such cases as come under their not and not allow several children to die in their neighborhood, as oceurred in one instance, without sending word to the officials, BROOKLYN VAPORS. Considerable excitement was occasioned in the Board of Assessors’ room, at the new municipal building, Brooklyn, yesterday, by the apartment be" coming suddenly filled with a horrible stench. Mem- bers of the Board and employés of the department were obliged to retreat into the corridors, and found it impossible to return to work until the room had been thoroughly ventilated. An ex- ainination showed that beneath the washbasin in the corner of the room was @ la hole in the side of the wall, through which the vile odor camo. Some are of the opinion that it was the escape of sewer gas, while others contend that it came trom the en- gine room in the basewent. BEILLY’S PANTALOONS. After the usual business had been disposed of in the Fifty-seventh Street Court yesterday Judge Mor- gan was called upon to decide a most peculiar case of law and equity, in which Mitchell Reilly, a track- man, was complainant, aud R. Engelman, a tailor, was defendant. The casus belli was a pair of panta- loons. Reilly {sa hard working Irishman who last December confided $6 to Enygelman with an implied trust that Enge!man would inake a pair of pantaloons that would fit Mr. Reilly’s proportions, At the same time Mr. Reilly left with Mr, Engelman ® pair of pantaloons that would guide him in the making of the new pair. Mr. Reilly tried on the new pantaloons and found they wore a failure. Mr. Engelman promised to remedy the defect or give him a uew pair. The remedy in this case, it seems, was worse than the disease, for Keilly was so ow at the garment went to him by Engelman that he at once applied to s gists magistrate for redress. ly and Engelman presented their respective SS pains ve peclend wal teat Ease nl intoomed Reilly that before he could Judy nord the pantaloons must be fitted on. silly iy prot that he could not try them on in the court room, but Roundsman Muldoon suggested @ retiring room aad thither proceeded Keilly. In the meantime Engelman sat in the court room SS at god assuring the bystanders that this was the first time his skill as # tailor had ever been impugned or chatlenged, and he was willing to await the issue. There was a pause and dep silence in the court room, two or three prisoners for ordinary mis demeanors had been arraigned and disposed of, and Judge Morgan waited patiently until the formal pro- cession, healed by Roundsman Muldoon, sulemnly re-entered the court room. Reilly ascended the steps and bowed politely to Judge Morgan, Judge Mi returned the salutation organ with becoming gravity. Suddenly Reilly reversed his heey) and said as be bent himself :—'Look at that, "ites Me ag over the bench)>—Do you wear suspenders, Mr. Hetlly? Heilly—Nover mind the #1 Judge; look at man Judge, and they the fit. I ama hard workin a Morgan—t will ee eee ety in the menatimee Bold Om + | to the pair you've got OUR COMPLAINT BOOK. (Norg.—Letters intended for this column must be sccompanied 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. HERALD.] EXTEND THE FIVE CENT HOURS. To Tue Eprron or Tux Henaup:— Will you not use the influence of your valuable Journal to induce the rapid transit roads to lengthen porta of their five. cent cars, say from five to -] eight morning and ? There are & ited vy auch a extenigh of ine, ‘awa a8 balng of a bonelit to the roads, “Yours” "Well CHEAP RAPID TRANSIT. ‘ GUMBLETON AGAIN, To Tax Epitor or Heranp:— Iwish to ask the legal gentlemen, through your eémplaint column, why, among the numerous charges made against Gumbleton, they forgot to charge him with dereliction of duty, in taxing theit “bill of costs?’ and I desire to ask why he iNegal items, and in many cases ‘double Nenat the law allows, when his duty is to guard the clients i: taxing costs against thieving and dishonest lawyers It is not an unusual thing for $300 or $500 belonging to an estate to be eaten up by the referee and lawyer, when the true lawful charges would be about $100, A SUFFERER, wuy not? To rum Eprror oF THE Henaup:— Why is it that while private families are compelled to keep their sidewalks cloan public institutions can be as careless as they choose? The Orphan Asylum on Madison avenue and Fifty-second street is a source of the greatest annoyance to the residents of the latter. Seven and eight barrels of refuse remain for days at the this institution, which, after being hauled by ragpickers and blown by the wind, presents @ most disgust: pearunce—the prospect trom our front wins noi ‘There isa yard. ate tached to this building, and why can’t these offensive barrels be kept within the gates? Neither has any ettort been made to clean the snow from the side- walk. Is there no remedy for these abuses? CLEANLINESS, ONE OF OUR COSTLY DOCKS, To rue Epirox ov rue Herap:— Please call the attention of the proper authorities to the manner in which the new bulkhead extending from East Fifty-third to East Fifty-fourth street, is being “filled in.” The commonest kind of material bas been used, which is, a8 a whole, unfit to be deposited in a populous locality like this. Inde- pendent of this, the refuse from @ neighboring brew- ‘ery is dumped thero, and this will breed disease if allowed to reck in the sun when spring opens, which will surely be the case if no action is taken to pre- vent it, This brewery refuse is not substantial as a Milling, as it is soft and spongy, but the person in chargé of the premises doubtless has an object in ro- ceiving such stuff, as he collects ten cents per load as, it is dumped. FIFTY-SECOND STREET. A DANGER TO NAVIGATION, To rae Eprror or tam HxnaLp:— In behalf of the shipmasters trading out of this port I feel it to be my duty to call the attention of the harbor authorities to the negligence. displayed by some one of their subordinates in not having such a dangerous obstruction to navigation as Diamond Reef properly buoyed, thereby preventing any possi- bility of a recurrence of the accident which happened to my ship on the 4th inst. while towing down the East River. There being no buoy in position to mark its location, 1 was ignorant of its whereabouts until the vessel struck, and in consequence of which the safety of both ci vessel was endangered and heavy expenses and dam- ages incurred, ‘the necessity of having a buoy in position at the place was shown from the fact at one was ee there immediately after my v had been hauled off the rect. Respectfully yours, THOMAS W. CHURCHILL, Master British ship Bonanza, SCHOOL BOARD VICTIMS, To rue Epitor or THe Heratp:— Will you inform me if there is any redress tor me ? I send four children, all under twelve years old, to public school No. 38, located in Clark street, between Broome and Spring. They all suffer the whole win- ter from colds contracted by sitting close to win- dows, the lower part of which were pushed up twenty or pert ‘ive inches the coldest days this winter, One child, a little girl, who has delicate lungs, I have been obliged ta keep home the most of this winter. She tells me that the wind blows through the school room so that the girls who wear their hair loose have it blown straight upon . The teachers also send them during recess into a ba , not allow ing them rior] on &@ wrap of any kind, where the little halt ed children shake with cold, Why do they not make the janitors raise the windows before after school, which will give ventilation enough, and save hundreds of children from contracting lung disease, which may cause an early death. A MOTHER. ROBBING PETER TO PAY PAUL, To Tax Eprror or Tux Hematp :— While on my way home from the Grand Central Elevated Railroad station along Lexington avenue to Fortieth street, last evening, and when between Fortieth and Forty-first streets, I saw what I took to be two ash carts going up the avenue, but when they arrived opposite me a little beyond Forticth street, I observed that the drivers of the carts were dumping the shovelful into the street, they did not stop their carts but kept going ahead. I stopped and watched them, and when they discovered me they turned their horses into Forty-first street proc toward ‘Third avenue, and I suppose they kept on shoveling ‘until their were entirely disposed of, Luckily for them there was no iceman in sight, for had there been I sho’ have had them ar- Cooper did the snow in front of his residence, a fow days since. I think it is high time this thing was stopped. If pc selgae ite gs to remove the suow to a certain place it sho be seen to that they do their work yoeew. and not be allowed to skin Sie oowe 6 New York A wice out of their money by having to for work done once, A TIMELY SUGGESTION, To tux Eprror or Tux Henatp:— During the prevalence in this city, two or three years ago, of diphtheria, there appeared in the col- umne of the Henatp valuable information regarding the treatment of the disease, and several excellent prescriptions to be used in its earlier stages, the pub- Heation of which has no doubt been instrumental in saving the lives of many children among the poor and middle classes. I am surprised that the existence oft scarlet fever, both in this city and Brooklyn, at the present time has not prompted some of our humane hysicians to give the public some insight into tae mode of deali with this much dreaded disease. There aro ubtless many mothers who are unacquainted with its first symptoms—ignorant of the first step to bo taken toward the relief of ite victim—who cannot summon a physician until they are convinced beyond a doubt that his presence absolutely necessary, on account of their limited means—but mothers who love their little an dearly, nevertheless, and whose sorrow at the loss ove of them is intensified by the ST that its life might have been saved could a phy: have been summoned at the first. If there is any preven- tion wilt not some of our medical men in the inter ests of humanity make it known ? Enlighten those who ave wnacquainted with the firat symptoms of the disease and the manner of dealing with it and you will do astraly noble sct, which will win for you tho of eee anxious mother, ak PR IRREGULAR RAPID TRANSIT, To tHe Eprron or rum Henaup:— Yesterday was aday to try the mettle of the “L” road, and it was found wanting in every respect, In ordinary weather we people of Harlem find the boats good enough for our uso, because, in tho first place, they aro really rapid transit (as witness the Sylvan Dell's trip from Peck slip to 109th street in twenty- four minutes), and in tho next, they are very com fortable; but Yh eatordsy Harlom was enshrouded in 6 fog, and our only recourse was to the * road, aly street station, only to find not fie pation, dansely packed ‘but the stairs outon the sidewalk below, so I then went to the 125th strect station and get & sent in a cold car, ‘Train left there almost full, having stood at the station five minutes, giving @ difference between that and the train ahead of eight minutes, and, as « matter of course, all platforms were filled with pa» songers anxious to get on. There were at least six or seven trains, all at Harlem end, aud that’s what cannot und , Why those trains were not run Out just ax fast as possible, So it has beon all along. ho regularity in running trains. ‘Two or throe trains may come along inside of a# many minutes, and then you may not get ono in ten minutes. When you find fault they say, “Oh ! well, you mustgramble at something, and you must remember the road is new.” What does their experience on the weat side emountto? It seems to me that they have beon in the business long enough to know how to run a yet the Sixth avenue road can give them points e time, That road makes o station at tull speed, and the very instant the passengers are off the train gota ite headway at once and off at full speca again, while the Third avenue “L” road starts liko & ‘Tuird avenue horse car-—-puff, puff and a tug—ond after great effort they get under way. Now, fifty-one minutes from 126th street to square is @ ane time when compared Aen the eee bed but satinty people who are accustomed foaching tho uity, by boat, BAPLD MOTOR,