The New York Herald Newspaper, February 8, 1879, Page 2

Parry -w > SE OF X SECOND hand quarto medium ner Printing P or particulars to GORDON, box 101 Herald BROOK: Y—OPFICE FIXTURES, WILDE ot Howard st ALE ¢ Counters. OR SALE—RESTAURA 82 East 9th st., betwi ‘s dry goods store. Union square. pply to VAN TU Torms to suit responsiole JOR SALE-THE OLD ESTABLISHED BILLIARD and W) Re t SMa Sd av.; a great sucrifi owner has other busines: e 71 PLUMBING AND STO 5 od Hates, ARE, for sale; near L wi; no opposition: reasons Herald for selling.” Address for 10 days HARDWARE, Uptown office. Plaats QAPES OF OTTER MAKERS AND BUTLER'S ANG SSiron Safes at very low prices, W. H, BUTLER, tor- merly Vajentine & Butler, 2 Broadway. QODA WATER, GINGER ALE, CHAMP Dall Carbo Beverages: Apparatus and full inst tions; send for catal OUN MATTHEWS, Ist ay., ‘With and 27th sts. Kata 47 years. APPARS OND HAND GEN- ntains, Bottlin bines, Marble Counter for sale at vory low prices JOUN GRAY, 331 East 26th » SODA WA orators, Apparatus, &c., Gare hand Vesey st. circular, Fee. SALE CHE 150 working Machines ot every wilers, Shafting, Hangers, &c. | Madison st. Ban a MaAcuixery WANTED, A SECOND Clark's Scoring Machine, for box maker. Address M Herald ottice, RUBBER MACHINERY W rinding Mills. Addross CASH Wi TED TO PURCHASE } Prose M. HAND OFFICE NOTICE. PosT Aah: OST OFFICE NOTICE, ‘The foreign mails for the week ending Saturday, Febra- ary 8, 179, will close ut this office on Tuesday, at 1 P.M. for Europe, by steamsiip Wisconsin, via Queena Wednosday, at 12380 P. M.. tor Burope. by» Beythia, vin Queenstown (cor Fran: forwarded by this steame and atl 40 PM spondence it aust be specially ad- y steamship Repabli for Germany and Franc must be specially dresned); on Saturday, at 3:30 A. M., for Europe, by steam. ship City of Be Germany and Scotland Touat be specially addr . vin Queenstown (correspondence for be ded by thin steamer M land direct, by st jand at 11:30 A. M., for E P outhamp- ton and en. tes ythia, Re- uublic and City of Berlin do not take mails ‘for Denmark, wer and Norway. The mails for Hayt javanilla, &e., Teave New York February 4. The mails for the West Indies, Bragil and Argentine leave New York February 5. The maiis for Havana leave mails for Mexico for Australia, &c. RIE “PIANO, ORGAN harmony; pupil's residence, $5 quarter; best references. JSICAL box It4 Herald U n offic S BEING FORMED FOR THE NEW Ladies and gentlemen who have voice and HORUS thedral. aome knowledge of music d may apply to WILLIAM ¥. PE Xo. 7, on Wednosday and Saturday, fro NEY CONSERVATORY OF MUSIC 5 EAST 14TH 1d door east of Sth ay (incorporated). VOGT CONSE ATORY OF MUSIC—FOR INFOR- mation or cir raddress WILLIAM G. VOGT. 205 ork. DANCING ACADEMIES, ARTIER'S DANCT quare (ith av. side), Private lessons any ‘hor Ities; new system A LEN DODWORTI DEMY. OF DAY nenr Fifth avenue; I UBOIS' DANC J MY, 1,267 BROADWA Private fessous any hour; six private lessons sees forming Tuesday and Thursday afternoons and 'D ST. IRENOR'S ACADEMY, BROADWAY AND nd for eirentar. js open every day and evening. § __ INSTRUCTION. “A RAPID AND ELEGANT RY to 20 private lessous. ‘corner Browdway. GERMAN LADY, AN EXPERIE res an engagement in w school or family; highe M. B.. box 125 Herald Uptown offies. \QERVIEW FRENCH AND ENGLISH HOME ACA emy for Young Ladies and Conservatory of ‘Musi 1 r Park ay., Babylon, L. 1.—Secoud half yearly session iN commence Feb: Healthy location ; talented in- ary 7. structors. Rare op) f ng a really first musical and nable terms, Miss ADELAIDE GANNON, Principal d for cireula LEMAN TEACHER L.. 200 Herald otice FURNITURE. _ ANTED—AN EN¢ ‘anches LISH Address C. for higher ENSE REDUC AND ir Furniture, Carpets entin the city, 512 Bacwass SARE OFFERING GREAT | bargains In Furn Bedding and Carpets at their re, 22M and 230 1 ., corner Broome. Weekly and rT monthly payments taken, MMENSE RE IN PRICES OF FURNITURE, Stoves, &e.. for cash or weekly and at BOM) COWPERTHWAIT & CO! cham at ALL WIDTHS; COCOA MA sand Rods very cheap at the Misfit rp Btore, 112 Fulton at WATCHES, JEWELRY. At 272 BROADWAY. ABOY Personal Property; old Gold. FYances made: Indic Ww merly wit Y FINE nearly 1. JOUNSTON, 150 Bower; “TT 7 BLEEC IAMONDS, WATCHES, Jewelry and old jd Silver bought, a if desired, sold back; Pawnbrokers’ Tickets bought wid Pledges sold: ARGAINS IN BARNARD, Banker, Mi laces, Locket GEO. C. ALLE PAIR SPLENDIDLY ur carats, $00; worth the Bracelots «1,190 Broadwa: ONEY, DIAMONDS, WATCHES, Silverware bought, and sold back at as EO. ©. ALLEN, 1,100 Broadway, near 20th at € TO LOAN ON DIAMONDS, WATCHES, 200.000. Silver, enmels! ilk, 1 Baequos and Personal Property of all ae J MATTHEWS, 907 Bri _ WANTED TO PURCHASE. — Wiaitro-t0 PURCHASE PAWN TICKETS FOR Diamond Siud or Ring Address CONFIDENTIAL, Dox 206 Herald offices WV ANTED—HOOK PUBLISHED ing names of merchants and busines 3 MUNRO, Herald ofice. STORAGE. FIRST CLARS f 4th ae BE WARE- and 32d ‘or furniture, , ae. ving, boxing, ping promptly and ably TORAC REMOVALS. FT FORDAN, NEWYORK Museum Washington Dinee to 31 rr THE FREIGHT BILL SWINDLER. The awindler who is going about attempting to colg Jeot frandulent freight bills in the names of the Com- Pagnic Transatlantique (French steamship line), of which M. de Bebian i agent, called yesterday upon the wife of Mr. Ferdinand P. Earle, of Earle's Hotel, with one of his precious documents, Mrs. Karle did hot get taken in, however, and the police are now Snxious to be introduced to the fellow, * CHECK MIM OFF. The Park Bank yesterday received for collection a check for $250 purporting to have been signed b; “James A. Waugh, casiier,”’ of the First National Ban! of Oil City, Pa, This was drawn to the order of “Julius Feldmann.” Mr, Waugh is president, not eashier of the bank in question and the check is ® forgery. ‘The Park Bank officers state that this is the third check they have receiv hieh hi fixed | up by th yer. The first was tre n, Pa. 1 the second from Providence, K. 1. The checks identical in nt aud jettering and are well caleu- lated to deceive the Pascal inakes in the unwa The only change the wke-is the name of t whence they are supposed to be dated, and each Phtporte to have been draws by some officer of the First National Bank of the place, “PEN STRIKE.” Mr. Abrams, a Chatham street pawnbroker, in @hose possession were found the valuable clock, &e., stolen from Colonel Waight’s residence, in New- ark, somo nights ago, visited Newark yesterday th CHIEF MELDRUM'S niptly identified the form man who pawned the ele Hartman Abrams, said to Chi Police Meldrun The prisoners were r at fov Seot- | NEW YORK HERALD, SATURDAY, THE COURTS. Seeking Indemnity for Frauds at the Custom House. VAGARIES OF THE LAW. An Important Rule as to the Sale of City Lands. Acase in the United States District Court yester- day, that of the government against four cases of silk lastings, claimed by the auctioneers, Field, Mor- ris & Fenner, from its connection with the alleged frauds upon the government which were tried in the Circuit Court some years ago, attracted much at- tention, It was claimed by the government, repre- sented by ex-District Attorney George Bliss, that through a conspiracy between Charles L. Lawrence, Custom House broker, extradited from England upon an indictment charging him with these frauds, and afterward convicted, but upon whom sentence was suspended, Deputy Collec- tor Des Anges, the shippers of the goods in Liverpool and the consignees in New York, certain invoices were fraudulently entered at the Custom House. It was also claimed that three cases packed with goods paying a low duty would be designated in ashipment of twenty-five or thirty cases for ex- amination, the other cases containing silks and other valuable goods, paying a high duty, The invoices stated that all the goods wero of the inferior charac- ter. It was understood that the appraiser actually examined one case in ten, but that Des Anges so ar- ranged them that the cases examined should be those containing goods paying but low duties. Mr. Bliss claimed that before the conspicacy was discovered the government lost nearly $2,000,000. Lawrence, who was tried and convicted with Des Anges, is still under $15,000 bail pending sentence. “The goods upon which suit is brought were seized in the possession of Messrs, Field, Morris & Fenner. Their defence as claimants is upon the ground of advances made. Lawrence was the first witness called, and he told in detail the story of the conspiracy between him- self, Deputy Collector Des Anges and Wolf, the shipper of the goods, by which certain cases were to be taken to the public stores for examination. In the letters produced — these were designated as “origins.” Letters from Field, Morris & Fenner to Lawrence, found upon him when arrested in Liverpool, were shown, and | through the key which he produced in court, Mr. Lawrence explained their purport. He stated that he received $1,000 for each entry made and Des Anges $150. The steamer's maniiests and the offi- cer's returns were then offered in evidence, showing | that certain cases were sent to the public stores, and then the testimony of several cartinen was taken in this connection, The trial of the case will be con- tinued on Monday. Ex-Recorder James M. Smith ap- pears for the claimants. A LUCKY MURDERER. On the 12th of last September William Kennedy was indicted in the Court of General Sessions for murder, and after a protracted trial was convicted of murder in the second degree and sentenced by Judge Sutherland to State Prison for life. The evidence disclosed that the prisoner shot a man named Dennis Mahoney on the 13th of June, 1878, in front of Manning’s liquor saloon, in Water street, and that Mahoney expired instantly. After the conviction of Kennedy his coun Mr. William F, Howe, secured a writ of error and stay of proceedings, which had the effect of kecping Kennedy in the Tombs until the case should be decided on appeal, and the case was thus brought into the General Term of the Supreme Court for review. Mr. Howe submitted that the con- Viction of the prisoner was erroncous and that he should be granted a new trial. A decision was ren- dered yesterday by Judge Davis, concurred in by Judges Brady and Ingalls, the concluding portion ‘of which is as follow: y chapter 337 of the Laws of 1855 (Sessions Laws of 1855, page 613) it is provided that on a writ of error in cases of this kind from the Court of General Sessions of tnis cit: id county this Court may order a new trial if it shall be satis- fied that the verdict is against the weight of evidence or against law, or that justice requires a new trial, whether any exception shall have been taken or not in the court below. We have carefully ex- amined the evidence in this and are convinced that justice requires a new trial. In our opinion the prisoner was not shown to be guilty ot murder in the second degree, and the evidence did not warrant his conviction of that crime. There was no error in the charge of the Court as set forth in the case, but we think the Court, under the evidence, ought to have gone further and instructed the jury that the offence of which the prisoner could be con- yicted upon the evidence was manslaughter, and not murder. Judgment reversed; new trial granted.” SALES OF CITY LANDS. ‘The General Term of the Supreme Court yesterday announced the following rules relative to the sale of lands in the city of New York under decrees, judg- ments or orders of the Supreme Court, adopted Janu- ary 6, 1879:— First—Every sale of lands, real estate or interests in reel estate, made under any decree, judgment or order of the Supreme Court, entered in the First Judicial district or department after the first Mon- day of March, 1879, shall be made by public auction in the rotunda of the basement of the New Court House, in the city of New York. Such sales shall be made between the hours of twelve o'clock M. and three o'clock P. M., but in no case before the hours specified in the notice; and where several sales are advertised or adjourned for the same day and hour they shall be made, unless adjourned or postponed, in the order of the entry of the judgment, decree or order by which the same are directed. Secont—The sheriff, referee or other officer by whom such sale is to be made, at least one week be- fore the advertised or adjourned day of sale, shall de- lives to the County Clerk, at his office, a printed copy of the advertisement of such sale, and when several sales shall be advertised tor the same day and hour it shall be the duty of the Clerk to post in acon- spicuons place in sch rotunda, at least one day be- fore the sale, a list or calendar of such sales, specify- ing the order in which they are to bs made, which shall be according tothe date of the entry of the judgment, decree or order in each case respectively, and whenever a controversy shall arise as to the order ale the same shail be determined by refe: ence to such list or calendar. For making and post ing such list or calendar, when actually done, the clerk shall be entitled to a fee of $1 for each case entered thereon, to be paid by the sheriff, referce or officer making the sale out of the proceeds of such Third—Every such sale shall be made by the sheriff or roferee or other officer appointed or directed for that purpose, in person, or by an auctioneer ap- pointed by stich sheriff, referee or other officer at his own expense; and in no case shall oy 4 auctioneer’s fee or compensation be charged to any buyer at such sale, or any party to the action or proceeding, or taxed therein or be deducted from the proceeds of such sale, Nor shall any fee or charge be allowed or paid for the use of the place of sale or stand at which the same shall be made. Fourth—In addition to what is now required by law or by the rules of the Court, the advertisement or notice of shall specify the place of sale, as pro- vided injthese rules, und, if the property be improved by buildings thereon, shall briefly describe such im- tx, and the improvements shall be an- dat the sale by the person making the «ame, These rules shall fect on the tirst Monday of March, 1879, but shall apply only to sales on judg- ments, orders or decrees made or entered on or after said 20th day of February; and no order of confirma. tion shall be entered on the report of any such sale unless the report shall state that the sale was made in conformity to these rules. CAUGHT IN THE MESHES, Faward Fuller, twenty-three years of age, who said he had been in the United Btates Navy, entered the employment of an undertaker on Fourth avenue, While there he made the acquaintance of Mrs. Sarah Biggs. Their relations bocame very intimate and they moved about from hotel to hotel, Fuller passing sometimes as her brother and at other times as her son, and registering under different names, In No- vember Inst Mr. George P. Moyers, of Cincinnati, Ohio, and his wife were on their bridal tour and stopped at the St. Denis Hotel, ‘They were assigned to a room on the first landing, to which was attached closet for clothes. Adjoining the closet was | the room occupied by Mrs. Biggs, and which was | visited daily by Fuller, After remaining in the hotel some days Fuller overheard « conversstion between | Mr. Meyers and his wife to the effect that they were going to Flushing on a visit, and Mrs. Biggs inti- mated to him that the opportunity was a good one to | steal some of the dresses in the closet. During the absence of Mr. and Mrs, Meyers Fuller managed to effect an entrance to the closet, He then carried off two dresses, including the bridal one, and a par ot | cameo sleeve buttons. He pawned one of the 8 for $12 and sold the sleeve buttons for $6, Both Fuller and Mrs. Biggs were subsequently arrested, jatter at the Continental Hotel, and indicted by irand Jury. Fuller, when’ taken into ens. tody, made # full confession, and on the trial of Mrs. Biggs yesterday in the Court of General Sessions, was calied by Assistant District Attorney aa & witness for the prosecution, the prisoner being de- fended by Mr. Wiiliam F. Howe. Fuller testifted to had lived at several hoteis both in this city and in Williamsburg and in Jersey; he said it wae Mra, Diggs who induced him to commit the burglary; hat before he did so she told him that she woud vave the hotel ahead of him in order that she might be suspected; that he subsequently met her at n ferry, and that, after disposing of the prop- Aety, he gave ber the procecds, he jury, after an the foregoing facts, stating that he and Mrs. Biggs | FEBRUARY 8, 1879.-TRIPLE SHEET. and were there are absence of two hours, were unable to discharged. The prisoner, against w four indictments, was remanded, OFFICIAL CHARGES. In Marine Court, Chambers, yesterday, an explana- tion was made on behalf of the Sheriff's officials in relation to the statement made in court by counsel on the previous day to the effect that the Sheriff's aids were getting from $30 to $35 a day for allowing @ judgment debtor to continue business during the existence of a levy, and also that on am attachment claim of a little over $700 costs had been added to about an equal amount. The attachinent in question was against John F, Ludewig, who keeps a saloon in Barclay street, and the officials assert that they have in hands against the same party two attachments and two executions, amounting in all to $1,170, and on al: of which levys have been made, These matters being pending for some time in course of a propo ed settlement, defendant was al- lowed to continue his business by written consent of the plaintiff's attorney in the attachment proceed- ings, and no such charges as those asserted to have been made were made, nor any charges other than the usual pay of the man in cliarge, which was by consent of all parties. As to the amount of ce alleged to have been demanded it was asserted that whatever amount of costs was named had reference hy all the cases and not to the $700 attachment case lone, THE RAILROAD LAND GRANT. The following decision was given yesterday by the General Term of the Supreme Court per curiam, affirming Judge Donohue's order appointing com- missioners tor the taking of lands bordering the Hudson River from Sixty-fifth to Seventy-second street for the use of the New York Central and Hud- son River Railroad Company We are not insensi- ble to the importance of this case, because of the principles involved in the questions presented, but we are nevertheless impressed with the correctness ot the disposition made of the petition and proceed- ings under it, The land which the petitioners seek to possess seems to be required for the successful transaction of their business in all its details, and the water front is of great importance in that respect for many reasons. The rights of the city over and through the land in regard to streets and avenues is preserved by the order made, and the grant to the petitioners is necessarily subservient to those rights, Without detaining the papers sub- mitted, therefore, for the preparation of 4 more elab- orate opinion, which would lead to delay, and in order that the appellants inay resort, if, they choose to do so, at once to the Court of Appeals, we think it our duty to aflirm the order appealed from, which we do, with costs,”” WABASH RAILWAY COMPANY. A decision involving the reorganization of the Wa- bash Railway Company was rendered yesterday by the Supreme Court, General Term. Mr. Thornton, a stockholder of the old Toledo, Wabash and Western, claiming to have had no notice of the steps leading to the reorganization of the road, applied to the Wa- bash company to be allowed to participate in the new company after the subscription books had closed. The company, through its representa- tives, refused this demand, whereupon Mr. Thornton, after tendering the proper —asse: ment, brought suit against the new company, the Wabash Railway, alleging that he was a stock- holder in the old company and that he had no notice of the various steps of reorganization previous to the time of tendering his money. The General Term, after elaborate arguments, has decided that Mr. ‘Thornton was too late and that the company properly retused to issue to him new stock. The result ot this decision is to settle the reorganization of the Wabash road as perfectly valid and legal, and that it is now impossible to disturb the same. LAWYERS UNDER A CLOUD. The Supreme Court, General Term, yesterday granted orders to show cause why A. H. H. Dawson aud Eugene L, Bushe should not be “disbarred,” or suspended, or otherwise punished for alleged ‘deceit and misconduct.” The orders are made returnable on the first Monday of next month. An order to show cause, made returnable at the same time, was granted, why the report of the referee disbarring Alexander H. Reavy should not be confirmed. It is charged that Mr. Dawson has been guilty of pro- fessional misconduct in ssuit brought by John P. Keed against Isabella Wallace. The accusation against Mr. Bushe is that he was guilty of negligence in e: amining the title to property conveyed to Mrs, Abra- ham Dryfoos. * Robert J. Livingstone leased for three years, from May 1, 1876, at an annual rental of $6,000, to Cook, Son & Jenkins Company, the tourist firm, a portion of the basement No. 261 Broadway. He applied yes- terday to Judge Donohue for permission to sue Asher Minheimer, tho receiver, for $750 for arrearage of rent claimed to be due, The request to sue was granted. THE PAISLEY DIVORCE SUIT. The trial of the suit for divorce brought By John Paisley against his wife, Hannah Paisley, was con- cluded yesterday before Judge Lawrence. Counsel for the defendant, in opening, charged cruelty to his wife on the part of the plaintiff. He also stated that an effort had been made to have the case go before a referee, but he would not consent to have his client slaughtered in a referee's back office. He characterized the plaintiff's witnesses as perjurers and low characters. Mrs. Paisley was not allowed to testify in her own behalf, and evidence as to her good character was also excluded. The sum- ming Up occupied several hours, but Judge Law- rence charged very brief, he leaving it entirely to the jury to decide as to the credibility of the witnesses. The jury, after being out some two hours, failed to agree and were discharged. It was stated that five were for the plaintiff and seven for the defendant. SUMMARY OF LAW CASES, In tho case of the United States against 117 pack- ages of tobacco in the United States District Court, ata late hour on Thursday evening, the jury re- turned a sealed verlict and were released, When opened in Court yesterday morning the verdict proved to be for the claimants. A brushmaker named John Rancher, of No, 31 New Chambers street, was tried and convicted yesterday, in the Court of General Sessions, of a diabolical as- sault on a little girl bo Pov of age, the daughter of his landlady. Judge Gildorsleeve sentenced the wretch to the full penalty—ten years in the State Prison at hard labor. Bernard Nathan was yesterday brought before United States Commissioner Deuel charged with a violation of the Kevenue law prohibiting the use of cigar boxes a second time. A box of cigars found in Nathan's possession had been previously used, but regularly stamped, the last stamp having bean placed over the first cancelled stamp. Several questions arose as to the construction of the law in this re- spect and the further examination was deferred until next week. COURT OF APPEALS. Avpasy, N. Y., Feb. 7, 1879, In the Court of Appeals, Friday, February 7, 1879, present Hon. Sanford E. Church, C.J., and associ- ates, the following business was transacted :— No. 40, Max Freund and others, appellants, vs. The Importers and Traders’ Bank of ‘New York, respond- ent.—Argued by N. ©. Moak, for appellants; A. R. Dyott, for respondent. No. 82. Rose L. Esmond, appellant, ve. Allen 8. A| ar, et oon by G. 8, Vanpelt, for appel- lant; William A. Coursen, for respondent. No, 85, James L. Stewart, respondent, vs. Medad T, Morss, appellaut.—Cause pit over till next sitting of Court. "No. 87. George Sears, appellant, va. A. respondent.—Arguet yy Kdwa . MeCarthy, for tprellant; W. W. Goodvich, for respondent. DAY CALENDAR, The following ia the day calendar for Monday, February 10:—Nos, 90, 91, 61, 93, 75, 51, 69 and 80, JUDGE PINCKNEY. A motion was made yesterday, before the Supreme Court, General Term, on bebalf of the Corporation Counsel, for leave to recall Judge Pinckney for further cross-examination. The motion gave rise to quite a lengthy discussion, which terminated on suugention by Judge Davis that, as Judge Pinckney could not object to such cross-examination and as tho Corporation Counsel was willing to take the time amed in such cross-examination out ot the time wed for rebuttal, that he should be examined at one P. M, on Monday before the referee. An order to thia effect was entered, ax also au order directing the examination at one P. M. to-day of Thomas Dufly and Joseph E. Naire. THE TREATY NOT VIOLATED. In Newark yesterday, before United States Com- missioner John Whitehead, the case ot Carl Wein- rebbe, a cook on the German steamship Mosel, came up for disposal. Weinrebbe was arrested on the vessel Inst Wednesday on a charge of stnuggling. As reported in yesterday's Heratp counsel raised the point that the United States authorities had no right to arrest the prisoner withont first notifying the German Consul. United States District Attorney Keasby denied this, Yesterday the Commissioner de- cided in favor of this government and against the German Empire. ‘Testimony waa adduced to prove that German cigars and snuff in considerable quanti- ties were found secreted in Weinrebbe's bunk under his pillow and that the prisoner had long been earry- {On suspicious practices, The latter denied the rye of smuggling. There was no secretion, he claimed, He admitted selling to paskengers. ‘The Commissioner held him for trial in $500 bail, | It is understood that the international law point will be argued before the United States District Court at Trenton should the case come to trial at the April term of court. A. C. Woodruff,* VANDERBILT'S SANITY. CONTINUATION OF THE DEFENCE—TESTIMONY OF A RAILROAD PRESIDENT AND AN EXPERT— DELUSIONS AS TO WEALTH, The Surrogate’s court room was again crowded yesterday by people interested in the Vanderbilt will case. William H. Vanderbilt occupied a chair be- hind his counsel, and by his side sat his friend, Mr. Augustus Schell, Almost the whole morning ses- sion was taken up with the argument of legal points. Ex-Judge James C. Spencer was still on the witness | stand undergoing cross-examination, and was asked by Mr. Lord if he could give any details of his con- versations with Commodore Vanderbilt to which his previous testimony related. Judge Spencer said that he could not, and Mr. Lord thereupon moved to strike out all the testimony in regard to Commodore Vanderbilt's sanity based on witness’ conversations with the Commodore, the conversations not being given. Along argument followed this motion, and subsequently Surrogate Calvin read a long opinion denying the motion and allowing Judge Spencer's auswer to stand. The witness will be recalled for further cross-examination, PRESIDENT BISHOP'S TESTIMONY. Pending the decision of this question William B. Bishop, President of the New York, New Haven and Hartford Railroad, was examined. Ho testified that he had known Commodore Vanderbilt by sight since his boyhood—personally since 1865; the Commodore was a director in the road for a number of years during his presidency; in 1873 or 1874, on the ocea- sion of the Commodore and his family taking a trip over the road to Hartford, he alluded to the New York Central as being the greatest road in the country and the best property. ‘the witness said that he told the Commodore it was the best road and a good property while he lived and was here to attend to it, but after his death the stock would get into Wall street and then nobody could tell what it would be worth. The Commodore said that he had all that fixed; he in- tended to keep the property together aud havo William step into his shoes, Mr. Bishop was not cross-examined, and the only thing which made his testimony noteworthy was the fact that he wore a tur-lined overcoat ke that which Commodore Van- derbilt used to wear, WHAT DR. GRAY KNOWS. At the afternoon session the only witness called was Dr.John P. Gray, te Supermteudent of the Stats Lunatic Asylum at Utica, The witness was asked whether, assuming all the tacts in the so-called autopsy to be true, if such facts and statements, in his opinion, indicated any unsoundness of mind’ or mental enteed! mt. A great deal of intellectual Vigor was wasted on both sides in framing the ques- tion, but tinally it was got into satisfactory shape, and then Dr.Gray answered “They do not.” Dr. Gray then testitied at length im regard to these facts and statements, saying he could not infer any such thing trom them as unsoundness or enfeeblement of mind, there being nothing in the utopsy bearing upon the brain, He only knew one case of insanity caused by Bright’s disease of the kidneys, The next question was difficult to trame, but the gist of it was, “Assuming that a person is rich aud under no delusion as to the extent of his riches is there any such thing known to medical science as a delusion for wealth?” ‘This was objected to by Mr. Lord on the ground that the contestants were not trying to prove that Commodore Vanderbilt was under a delusion as to the extent of his ith, but rather as to its dispo- sition, No satisiactory form could be arrived at until Judge Comstock put it in this shape:—“In medical science and classification is there known any such form of insanity as a desire for accumulating wealth followed by large accumulation?’ To this the witness answered ‘No, sir,” leaving the inter- ence that in the opinion of the doctors only the nen who want to be rich and fail are crazy. ‘THE CROSS-EXAMINATION. The cross-examination touk a wide range, and con- sisted mostly of au autobiography of Dr. Gray. The expert was required not only to tell where and when and how often he had read the ‘so-called autopsy,” but to recite all he remembered of it. Before this process was finished the original question upon which the cross-examination was based was made more comprehensive, and then the witness was re- quired to do the thing all over again, “1am going to tind out what the wituess knows,” said Mr. Lord, and he said that he thought another witness would be necessary to satis(y him on that subject. Finally it was arranged that Dr. Gray shouid return to the stand next Friday, and the turther hearing of the case was adjourned until Tuesday next. DECISIONS IN C. J. VANDERBILT'S MOTIONS. Surrogate Calvin has denied the motion of William H. Vanderbilt's counsel to dismiss the motion made by Cornelius J. Vanderbilt to compel the executors of the estate to file an inventory, but in case the ex- ecutors decide to set apart fore the 13th inst. $2U0,00) in current interest-bearing se:urities for the purposes designated in the will in the Union Trust Company, subject to the order of the Court, the mo- tion will be dismissed. The motion to compel the executors to show cause why they should not be superseded was similarly treated, TENNESSEE'S CREDITORS. A meeting of holders of bonds representing the debt of the State of Tennessee was held yesterday at the New York Clearing House, Mr. Charles M. Fry, president of the Bank of New York, in the chair, The object of the meeting was to hear the report of the committee which has been endeavoring for some tige back to make a settlement with the Tennessee Legislature, Mr. Eugene Kelly, the chairman, said that on January 19 the committee had sent to the Governor of Tennessee the following propositions for settlement :— First—The bondholders to receive new bonds, rep- resenting sixty per cent of the debt and accrued interest, the same to six per cent interest, the bonds to run fifty years; to be redeemable at any time on six months’ notice, and the State to have tho privilege of renewing them: or, Second—The bondholders to receive new bonds at par, with accrued interest, the same to bear four cent interest, and the coupons to be made receivable for taxes. Mr. Kelly said that the committee had requested the Governor to submit these propositions to the Legislature, but no response had been received from him. Mr. Kelly thonght that the committee should be empowered to select an agent to request the pres- ent Legislature to take action on these propositions. ‘The bondholders only wanted the State to pay what itcouid. The rate of taxation in Tennessee was only one-tenth of one per cent, while in Virginia it was one- half of one per cent. The speaker said that if the bonds were # lien on the railroads, as some c.aimed, the bondholders should look to the State and not be com- pelled to suc the railroads for their money. He said that not one dollar had been co'lected for bribery and that none should be, Mr, P. W. Holmes remarked that if the State was able to pay the debt full the bondholders should not aceept one dollar less than the bonds represented, Mr. _e responded that it was the object of the committee rotect all interests, and among them were those of widows and orphans in absolute need and savings banks that were desirous of showing good assets. He then moved the adoption of his resolution to send a spe- cial agent to lay the proposition .of the bondholders fore the Legislature of Tennessee, and it was car- jod, It is understood that Mr. Roger. A. Pryor will r be selected. ANOTHER PROPOSITION, The Rev. Dr. Moran, who entered the meeting at this juncture, submitted an le arg proposition which he asked to have appended to the other two According to it the bondholders will be willing to ac-. cept any interest that the State of Tennessee felt able and willing to pay on any portion of the bonds out- standing, provided the State will stamp on the con- pons the amount paid, without prejudice to the amount due. Tue meeting adjourned without taking any action on this suggestion. BURGLARS CAUGHT, Henry Curlet, of No. 215 Monroe streot, and Wil. liam Johnson, of No, 328 Front street, this city, were commnitted to jail by Justice Walsh, Brooklyn, yes- terday, to await examination on acharge of burglary, ‘The arrest of the prisoners is regarded aa a clever piece of police work. Shortly before two o'clock yesterday morning Mr. E. W. Moore, of No. 08 Decatur street, on looking out of a window saw two men in tho yard, one of whom was trying to force open a basement Window, while the other rogue was keeping watch at the fence. Mr. Moore gave the alarm aud the burglars . Patrolman Dingle gave chase, but the fel- lows, baving the advantage in speed, were soon out of sight. A citizen who passed the burglars on Lewis tte gave a description of them to the police, and A goneral alarm was sent out to every station. About five o'clock in the morning Sergeant Carrougher and Officer Doherty observed two men moving rapidly down Main street, toward the Catherine ferry. As the fellows answered the Pe ea E of the burglars they took them into custody. In the possession of the prisoners were found # dark lantern, a jimmy, a bunch of keys, a screw driver, three chisels and an oyster knife. They had also three pocketbooks, containing $14 76; several articles of silverware, an overcoat, sleeve buttons, gloves, hand- kerchiets, &c. When ‘closely questioned they ad- mitted having stolenthem from private houses near Japitoline pond. Mr. W. Robinson, of Decatur Tdentifved the ‘coat worn by one of the men as been stolen from his house. Mr. Gale, of No. ites avenue, whose house had also been bur- giariously entered during the night, identified tho other articles found with Curlet and Johnson as hie property. . DAMAGES DEDUCTED. In the Harlem Civil Court, yesterday, Mary Levy, & damsel of sixteon, brought an action against Mrs. Anuie KB. Welsh, widow of Judge James H. Woish, Miss Levy said that Mrs. Welsh hired her to cook and do general housework and refused to pay her her wages, The lady sct upadetence that the | plaintiff burned the towels, smashed the crockery, ‘used the toasting fork as astove handle and threw the washboard at people when her dander rose, She alleged her willingness to pay Mary, but only wished to deduct from her wages & sum _ suffi- cient to refurnish the house with articles de- stroyed or ruined by that individual. During the hearing Mr. James King, an aged lswyer, whose vision is impaired, asked Mra. Welsh “if that was her son sitting there,” pointing, as he spoke, to a little rl about five feet off ‘This remark made the lady ugh, and the Ley segs joined in. ‘I see nothing to laugh at,” cried the lawyer. This produced an- other burst of merriment, which was suppressed, Then Mr. _ King questioned Mrs, Welsh in ard to @ * "* of some ‘baby napkins” alleged ave been damaged by the platatife "Oh, Mrs King,” 10. terrupted Judge McGown, “baby napkins are the same size now as they were fifty years ago.” More | laughter, amid which ‘the lawyer resumed his seat. A decision will be rendered. Ye REAL ESTATE. The following sales wore made on the Real Estate Exchange February 7:— BY 4. K. LUSK. John D, Townsend, referce:-Forecloaure sale of the three story brick dwelling and y brick warehouse. with plot of land 41x105.10, Nos. 350 ond 352 East dd st. . 8. 111 ft. &. of ay. D, plaintifr.. BY corr & MYERS. George 1. Ingraham, referee—Foroclosure sale of lot of land, x LOOXSS SIL, Ww. of 52d st. each 25x n. 225 ft. w. of 2d av., to plaintiff. BY Il. N. CAM) William L. Findley, referee—Foreclosure sale of threo story brown’ stone front dwelling, with, lot + 16.2 ft. n, se, with Tot 18x100.1 ou No, 332 th wt, 8 6, to East 1241 316.6 ft. w. of let av. plaintiff. : 8,800 .®, MOORE, Assignee's sale—Charies K: assignee, of the five story brick building, with '25x100, No, 157 Nor. folk st., w. 100 ft. w. of Houston Fleisebhaner ser seas 110,759 Also tho four story brown’ stone’ front Dwoiling, with lot 20x70, No. Loxington ay., w. 8., 20.5 ft. n, of 6th si.,to M. Ehrenusch.. +++ 10,400 Total.....00r0e OFFICIAL REAL ESTATE TRANSFERS. Tho following statement shows the real estate trans- actions recorded in the Register’s office February 7, 1879:— dth st..n. 5, lar; Botti : Sth si., same property; Maria Daub to Bettie An- tony Madison av., w. #., 10%, fi. n. of Delancey st., 25x Henry F. Wagner to Carl Hoffmann. ‘ Hudson et) n. 0. corer of Leroy’ at, 23-1x103, ohn W: Lewis to Phebe T. Let Joseph Fo 6th av (No. 6th av. (No. : . J. Best (receiver Germ of Morrisania), to Fredorick Han- Baker, Margaret I., to St. Juinos' Protestant Epis- Chareh of Smithtown, L. L, No. 100 Cham., years, + . 85. ilda and husband, to William Schu- machor, 28 Eldridge at.; 5 yoars....... Evarts, William M., to Eliza L” Maitland, a n. 8. ol ft. w. of Sth av., 25x103.3 (leasehold to John 8. Williamson (referee), No. Lawton, 15th si y Totten, Emma A. and husband, Sprague (trustes, &c.), n. s. of ith at., ay. ; 3 years, ‘Wilson, Rober Bank, 6. 8. of 50th « ASSIGNMENTS OF MORTGAGES, John H. Riker (trustee, & . ity of New York to Anna E. to Arthur W. of 1th Bingham, Mary, to Chamboriain the ‘and “anotiver (executors, en Jacob K. and another (executors, &c. . Gambrill, SALE OF A RAILROAD. On the Real Estate Exchange yesterday Commis- sioner John A. Shields, Master in Chancery, offered for sale all the right, franchises, rolling stock and equipments of the New York, West Shore and Chi- cago Railroad Company. There were present as in- terested parties President Courtney, of the company; ex-Governor Page, of Vermont; A. H. Prentice, of Canada; C. L, Frost, and Jacob Pool. The sale was made subject to prior liens and interest amounting to about $1,000,000. The only bid was by Mr. Pool, who, in behalf of himself, J. C. Calhoun, Wiili« Phelps, H. J. Colter and Walter Shanly, the commit- tee of the bondholders, offered $35,000 over the liens. A deposit of about $5,000 in cash was made and the sale thus secured. NEW YORK CATTLE MARKETS, Frivar, Feb, 7, 1879, RECEIPTS FOR TWO DAYS. Vents ant Cowen, Caters, Yards, Sixticth streot. a 5 : old for self stoin 2 bulls, | 48 Illinois stoors—I8 he Th., 10 head at Oye. per 6s a OK cwl a Tilinois stecrs—2 "head Peta gltme hompron i B6 Tllinois steers at te, sold for F. Waixel I bull, live t. x Ph a Begs . rion teors—8 head at Ste. per Ib.. with on hend; #, head nt Oe. vor Tb,. 18 henil at Mec. = weights Gis cwt. a Tewt. TH. Moyer sold for N. Morris 45 Tilinols seors—15 head at Sige. por Ib., with $1 off per hes on D head: 6 head at Me. per Ib., 17 head at Dhse. por Ib.. 7 hond at Dije. per Ib weights 6 dwt. wuts ewt. a Tews: Ii bulls Hive weight 1.007 Th He. per Ib,, weight 0% ew 1 Wight 10 cles Ga liltobts stoces-=iv bend ‘ns ite Pose IB? wk S head at Oye. por Ib,, with $L on BZ head at Veer por Ib, with SOc, off hye. por Ib —welghts hy cwt. a 7iy sold for 8, W. Sherman G8 illinois fe. per Ib. 40 head AP’ wiklerman sold ter BW weights 614 ewe. a 6) Allerton 54 Illinois: Wid IT head at Bsc. per Ib, wil hoad ‘at Dio. ih. Oly 7 owt. H. Westheimer rf 6 live 1,222 Tbe. Ber, toad, at Fy 1 steers at Ake. 1b Sta . Saddler sold on commission 5 bull per i weight ba ewt. live weights, 1-110 Ibs. a 1.650109, per head, at Ye, m 4g por Ib, ; 282 IMinois stoers—17 head at S%e. per Ib., 55 hend ne OMe, Per Wh, 82 hn 1 Ge. p 1b., with $1 off Ft, ewt. a 7M owt HS, 1,990 ie, teers — Th. 14 hend. at 46. por Ib. 16 hond ae dige, por head; 17 hend at ie. per la, with bead at Iie. per Woven Stet a cwt. aH owt, KEP AND LAMDs.—Teado slow, with an off fooling tn ian values. Quality common to good. Sheep sold a Byer ewres lambs at Oe be por Wt. J.P. Saddior fold 181 Ohio sheop, woight {2 Ibs. per head, at 7740. por li. Karo & Hidcock sold 122 Western sheep, weight F Mend, At de. per Ib, 7 Ohio aheep, weight 1 Ibs. fends t be. per ib. ; 190 Ohio sheep, wolght Ui Ibs. por heed at Oe. por Ib. ; 261 Ohio sheep, weignt 06 Ibs. per head Stic; par al j 50 Btute abvop. welght 100 Ibe. head, tate sheep Tou, por Bead, nt SXc. ‘pet ibe; 118 Ponneglyeats th weight 124 1ba' per head, ne peri. Judd By hes it old 370 Western shosp, oo Davis & Hallenbeck sol’ at Ge, per Ib; 1 or 2 vents, Hebe 100 Tbs a vent, woight 110 Ibm. mt te bet 1h, 7 vont, a a wolght 149 Ibs. per hiond, at 75¢e. por Ib, tute sheep, welght O4 Ibn. per At Sige. per Ib. | 109 State sheep, weight 9 Ibs. por head, at $5 M0 per ewe; 54 State sheep, woight i Ibe. per head, at $5 35 per ewt; 75 State ghoep, weight 102 Ibs. por bead 5 Tb. 7 Minto lambs, walght 48 Ibs, por ines 20 Stat it 72 lbs, per head, ROT Ni te 60 ibe, a 76 head, at Ge. Jo. sold 1 1 veal, wolg! 2vouln, weight ‘175 Ibe, per hud, at (#2 State sheep, weight M2 Ibe, per head, es Stn jh act tbs. per per Ib. ; cht 126 Ibs. por por Ib! op. welt 0 Ibs, par wil, 'at ht wi. 80 State Tn Weight 70 Ibe. por head, at O%e. ._ Nominal valu 5 Ret. not quoted. ‘has on sale OUR COMPLAINT BOOK, (Nore.—Letters intended for this column must be accompanied by the writer's full name and address to insure attention. Complainants who are unwilling to comply with this rule simply waste time in writing. Write only on one side of the paper.—Ep. HERALD.} BURGLARS ON THE HOUSETOPS. To tHe Eprron or THE HERALD:-— Let me caution housckeepers in regard to insecure Scuttles, as burglars are just now reoping 4 harvest from neglect in this respect. The door leading to the roof should be bolted and barred, as the scnttle it- selt affords no security against these rascals, who generally avail themselves of “matings” afternoons, when the “ladies are ~ the ane all out” and ase UL. in NO COAL YET. To THE Eprror oy Tax Henatp:— Afriend of mine was compelled to apply to the Commissioners of Charity for half a ton of coal They took her name and address at the office in Eleventh street about two weeks ago, but nothi has been heard from then since. Th yates vend connected with one of the charitable institutions have investigated her case and find her statements correct. Cannot something be done to awake these overpaid pompous officials to the suffering of the poor during this inclement season ? 1. OC. A MODEL CONDUCTOR, To rae Eprron or tHe HenaLpD:— Recently, on entering a Madison avenue car at Forty-seventh street, I found that by mistake I had taken a pocketbook without car fare even. I immediately rose to leave the car, when the conductor politely cold me to retain my seat, appar- ently divining my embarrassment. Such considera- tion is certainly exceptional. I appreciated it the more that Thad an important ongagement. Having enclosed the fare to the company, I desire through the medium of your paper to this tribute ta Conductor No, 15, ‘8. WHAT I8 THE REASON To THe Eprron oy THE HERALD:— I would like to know if Captain MeCullaugh, of the Seventeenth precinct, has the power to make lawa other than those of the Common Council? Iam a hack driver in this city and work around ballrooms in the mornings. We are allowed to solicit around any ballroom or place of amusement, except those in the Seventeenth ward. I would like to know why we ore put away from that ward above all others ? There are men who seem to be favorites there and who monopolize the business, while we are driven away. What do we pay license for ? DRIVER. A CASE FOR MR. BERGH. To Tue Evrror or THE HERALD:— Why don’t Mr. Bergh suggest to the Bleecker Streot Railroad Company the propriety of having a second horse stationed in Pearl street to assistthe hard- worked animals to draw the bobtail cara of the Canal street branch up the steep grade from Peck slip to Franklin square? It is a painful spectacle, the pro- longed struggle of the poor horse to pull the car w this steep inline, If the tto-horec case need a thind horse on grades, the one-horse cars, where the load is proportionately heavier, certainly stand in still greater necd of assistance. CLERK, OBSTRUCTING NAVIGATION. To Tue Epitor or THE HenaLp:— At present and for some time past certain parties have been in the habit of dumping mud in the channel of Staten Island Sound, opposite and below Elizabethport, thereby tending to obstruct navk gation and to cover natural beds of oysters on which hundreds of people make an honest living. Cannot this nuisance be stopped? There is a law, I believe, to prohibit the obstruction 0: navi- ation and there are officers to see the law is en- forced. A complaint st the offenders has Cates icing entered. Now it simply remains for the officers of the law to do their duty. M. WHIP 'EM UP. To tHe Eprror or THE Henatp:— ‘The proprietors of the Broadway stages have put the fare down below that of either the surface or ele- vated railroad lines, as they now give twenty-one tickets for a dollar and a single ride for five cents, If they will now resolve to hurry up their steeds and make good time they will insure all the patronage they anal e snail at which ‘hey crawl down Br way isa to busy men and women in this work-a-day and Leg ponte rage city, where time is money. At their present rate of speed it is expensive and tedious to ride at the reduced rate; but let them announce the desired refo1 be en and New Yorkers will flock to th for cheap and jolly rides down Broadway, FIVE CENT TRAINS ON SUNDAY. To rae Eprror oF THE HenaLp:— i Picase inform me by what authority the New ¥« “*L” Railroad Company charges ten cents for fare on Sundays before balf-past seven A.M. I bought a ticket on the 2d inst, at twenty minutes past seven A. M., and was compelled to pay the above price. On remonstrating with the ticket agent at the 125th street. depot, I was in- formed that there were no trains running until after half-past seven, consequently I had to pay ten cents, On inquiring from a number of gentlemen in the depot I found they were treated in the same man- ner. Tama under the impression that the ‘lature should take this road in hand at once and com; them to treat the public as they contracted to do. There are a large number of people who are com- pelled to work on Sundays for three or four hours ‘who cannot afford the extra charge. ONE WHO PROTESTED. ‘THE HERALD IN FORDHAM. To Tae Eprror or THE HERaLD:— When we take into consideration the general hard times, the consequent scarcity of change and the proximity of the village of Fordham to the HeraLp building, we cannot forbear calling attention to the fact that the person who has assumed the responsibil- ity of supplying us with our morning papers grossly violates his truat by charging us four cents for the Henatp on week days and six cents on Sundays. Probably he thinks people who are so ready to throw Teligious scruples aside for the sake of their papers would juat as readily fay? their change in the same boat. is’ deceived. ready are many of those old articles being brought down from the shelf and dusted, so that now many have a tendency to aban- don reading altogether. This, however, can easily be remedied by the return of former prices. An it stands, that sweet land of Fordam has a sour flavor to all readers of the Hxnaup. 4 VICTIM, NO NEWSPAPERS, To Tue Eprron or tae Hrnaup:— Can't you say a word for those living on the lineot the Erie road and do something toward assisting us in getting the morning papers? It appears that a train which is called the “paper train” leaves, or ought to leave Jersey City at five o'clock, on which the papers are brought. It is of frequent occurrence that said train is from one to two hours late, owing to the fact that engines and cal cars ob- struct the western bound track out at Bergen nearly every morning. It seems these engines and cars go out there to “till out” an empty train of cor or stock cars, and the conductors of these coal oe stock trains allow their caboose to stand on the main track, thereby blocking it, while the engine is on a side track erie e atrain, They could easily ce this important caboose car on a switch and let other trains pass, People who come to town early have to withont their papers, and poor newspaper sellers Jone the sale of their Ve ann . T. Ruturavuny Pan, N. J., Fob. 4, 1879, LADIES AT RESTAURANTS. To tH Eprron or tHe Henal.p:— Ishould like to know why it is that ladies are 0 grossly insulted at many of our restaurants, lam a well known actress, and happening to leave the concert at Steinway Hall rather early last Tuesday night, with a lady friend (a highly respected married woman) whose husband was to have accompanied us home, but who failed to arrive in time, we crossed over to Gies’ German restaurant, hoping to enjoy s lunch, We ontered, see! other ladies fire. "wo gave our order and, ante waiting ten minutes, we called @ waiter and asked why he did not serve us. He replied that Indies Cr eton by gentlemen could not be served. We {1 iately left, Our feelings can be imagined. former occasion, when leaving the theatre at which 1 perform, I went into “Clark's Ladies’ Restaurant’’—~on the corner of Thirteenth strect and Broadway, accom- panied Pray, ee companion. We gave our order ‘and had the same insult offered to us aa at G en’. Why cannot they Eh! Up & notice in some conspica- ous place, that people could see it from tho street, te the effect that “! len unaccompanied by gentiomen are not admitted?” ‘Then ladies would not be humil- ated by being turned ont before a room full of peo fo, I know several instances of this insult being Tnfiteted on others who, hit to wait for their husbands and friends, h of this ‘ladies’ (?) restaurant’ and were compelled to leave and wait in the street or go into 8 dedggist’s, ‘Those who do not wish to eat oysters or drink liquors are denied a quiet cup of chocolate or » German Tunch because a man is not at their elbow, I have travelled all through Europe, and nowhero have I experienced or heard of such a thing before, ‘There are plenty of ladies who would like sume rn- treshment when leaving places of amusement, but ro subjected to such insnits, which in Paris or Lons don would not oven be of to women of the vilust charact TWO LaDiEs,