The New York Herald Newspaper, February 26, 1879, Page 11

THE COURTS. Interesting Slander Suit by a Board-’ ing House Keeper. OLIVER CHARLICK'S PAINTINGS Novel Suit for Professional Services by Shupe, the Labor Agitator. A suit presenting some rather novel features came to trial yesterday, before Judge Lawrence, in Supreme Court, Circuit, Mrs. Annie R, Hann, a widow lady, being the plaintiff and Messrs, H. J. Sheffield and Jerome B. Fellows the defendants. The plaintiff seeks to recover damages for an alleged conspiracy and slander. In her complaint she alleges that in November, 1875, she leased from the widow of the late Oliver Charlick No, 254 West Thirty-fourth street; that there were in the house at the time of her taking possession various valuable pictures belonging to Mrs. Charlick, and that one of the conditions of the lease was that she should not remove such pictures without the consent of Mrs. Charlick or upon her order. She says that she had hardly entered into Possession of the house when Messrs. Sheffield & Fellows maliciously conspired to defame her char- acter. She charges that the first thing done to this end was the sending of s telegram by Sheffield to Mrs. Charlick announcing that she was “carrying off the paintings” from the house. This telegram, she states, was followed by a letter of the same date, written also by Mr. Sheftield, in which she is set forth as ‘‘a most notorious character,” and caution- ing Mra. Charlick that if she has anything of any value in the house to protect it, as “the paint- ings were being sold and ‘carried away.” Supplementary to these accusations Mrs. Hann alleges that Mr. Sheflield stated, in the presence of another person ‘that she was a bad woman, and had cleaned out every house she had lived in.” For these alleged slanders upon her character Mrs. Hann seeks to recover $20,000 Samegte. In his answer Mr. Sheffield admits of the ling of the telegram and the letter, but says that he believed the facts stated to be true, and that they were sent without malice for the protection of Mrs. Charlick, He also makes a part of his answer an explanatory letter of later date written to Mrs. Charlick, ec the information upon which he sent the previous letter and telegram entirely false. He denies any recollec- tuon of the lerous words he is charged with uttering. Mr. Fellows puts in as an answer a general denial of all the facts alleged against him. The court room was crowded, including a good many ladies. Messrs. Townsend & Weed appear for the plaintiff and Messrs, Hatch & Van Allen for the defendants, At the outset of the trial Mr. Van Allen moved for a separate trial of the two defendants, to which Mr. ‘Townsend objected, the objection being sustained by Judge Lawrence. ‘After a brief opening of the case by Mr. Weed, dur- ing which he stated that he proposed to show that the facts stated in the telegram and letter sent by Mr. Sheffield to Mrs. Charlick were furnished by Fellows pursuant to a conspiracy to injure the char- acter of Mrs. in, the examination of witnesses was bogun on behalf of the plaintiff, Mr. Charles S. Peck, agent for Mrs. Charlick, identified the telegram and letters. His attention having been first called to them by Mrs. Charlick he stated that he at once went to the house but found everything all right. On stating the object of his visit to Mrs. Hann, at which she was both surprised and indignant, she ‘expressed a determination to go and see Mr. Sheftield and demand an explanation, Mr. Frederick Olm- sted, a ae of Mr. Shetfield, stated that Mr. Fellows had one or two conversations with him, dur- ing which the latter told him that Sheffield did wrong in siguing ils name to the telegram and letter, and promising that Mr. Sheffield should not be put to any trouble and expense in the matter; that Sheflield ‘was in no way to blame, and that he would take the case to his own lawyers. ‘here was next read alengthy deposition of Mrs. Charlick, she being too ill to ap- pear in court, setting forth the facts about the tele- gram and letter, and that nothing was disturbed in the house by Mrs. Hann. ‘The plaixtiff was next ex- amined at great length, giving her experience in keeping boarding houses in this city, a step she had been compelled to take since the death of her hus- band several years ago. In stating the fact that to moet some of her pressing obligations she had to | rites a@ diamond pin and diamond stud which belonged to her husband she became greatly affected, and it was some time before she recovered hercomposure. In her cross-examination an effort was made to prove her acquaintance with a noted malpractitioner, and that she had frequented houses of assignation but she indignantly denied the truth o: any such intimacy or xccusation against her. She conceded to being in debt to some of her various landlords, and to owing minor bills to car- nters and the like. With her testimony the plain- unsel rested. A motion was then made to dismiss the complaint as against Fe!lows, which was denied. A motion to dismiss the complaint against Sheffield was also denied. The rest of the day was occupied by the dofence and examining various cred- itors of Mrs. Hann. The trial promises to occupy two or three days, SHUPE IN A NEW ROLE. Walter H. Shupe, the well known editor of the Advocate, and attorney and counsellor-at-law, having figured on numerous occasions in the courts as a defendant, yesterday appeared before Judge Larre- more, in the Court of Common Pleas, as plsintiff in a suit against Lewis Weber for profossional services. The presence of the great labor reformer as a litigant drew together, as might naturally be expected, a large crowd of spectators, who listened to the pro- ceedings with marked interest. Mr. Shupe claimed that Weber—who wes in 1874 arrested in Hudson county, N. J., on a charge preferred against him by his wife of attemptivg to poison her—employed him as counsel to secure his release from jail, He says he was introduced to Weber by » mutual triend, and that Weber, who was in great agony of mind about his incarceration and the possible pun- ishment awaiting him, promised to give him any- thing he asked for. Shupe said he did not wish to do that, but finally entered into an agreement to take the case for $1,000 and $250 more if the mat- ter came to trial. He then looked over the papers and a6 he says, that no bill was likely to be found against Weber by the Grand Jury. Weber then gave Lim an order for $900 on the bank in which he had some $5,000 deposited. He states further that Weber promised to see that this amount was paid him on his release from jail. The Grand Jury failed to indict him, and Weber :mmediately after his release disappeared and Shupe was winus the $1,000, and from this tact arose the present suit, The above facts were substantially brougnt out on the trial yesterday. Weber, in detence, states that at the time of the transaction he was so bewildered and dazed by his untortunate position that if he did sign such an agreement he did #) without knowing what he was about. A novel feature of the defence was the calling of Mrs, Weber—who has not lived with her husband for four years—as a witness for the latter, she being called to show that Shupe was at the time of the alleged agreement her adviser, She reiterated her conviction that her husband had tried to poison her, and that she believed so then and has ever since continued to believe so, She said that he had failed to support her or their children since their separation—a fact which Weber himself admitted, At recess the defendant, who had been casting sheep's eyes at his neglected spouse, followed closely behind her, and, endeavoring to attract her attention, caught her by’ the dress. Mrs, Weber turned quickly and with firm determination drew herself away and refused to speak to him. Weber on the witness stand said that he had some hopes of living with his wife again, but the lattor seemed to have very seri- ous doubts about the matter, On rebuttal Shupe testified that the order and agreement were read over to Weber, and that the latter was perfectly calm and collected. In answer to # question by counsel he said he was editor of the Advocate and had followed other professions than the law, but denied that the Advocate had “bw ."" and Judge Larremore deliv- ered a brief but suce ee to the jury, review- ing the tacts. He told them that the main issue was one of fact and that it was for them to determine which side was entitied to credibility. The jury after about five minutes’ absence returned a verdict for the defendant, THE ELECTION MARSHAL'S CASE. The caso of the United S.ates against James BR. Cosgrove, Chief Deputy Marshal of the Eighteenth Assembly district in the late election, was resumed yesterday before United States Marshal Lyman, Cosgrove is charged with having verified the certifi- cates of deputy marshals serving under him by moans of which thoy received pay for sorvives which it isall sod they did not perform, Ex-Judge Dit- tenh r appewretl as counsel for the accused. Cos- Grove testiicd in his own defence, stating that he had no facts within his own knowledge that the men who personated the deputies had not been actually and regularly ap nted as deputy marshals; that no fraud had been committed by him in verifying the certificates; that in one instance when informed of the fact of aperson acting as a substitute he had such erson arrested and taken before Commissioner fyman and payment stopped, and that in auother case the money paid on the certilicate was refunded, He stated further that he had aéted in good faith throughout. “Did you have @ conversation with Mr, Bogart,” counsel asked the witness, “ono of the witnesses for the prosecution ?”" “Yos,”’ answered the witness, “He told me that ho was trying to serve subpannes on some Witgesson, that he was trying to do the best thing he could do for ba mg asked him how he was doing a good thing for himself by serving sub- pounaes; he said that George Bliss had promised him NEW YORK HERALD, WEDNESDAY, FEBRUARY 26, 1879.—TRIPLE SHEET. that if he would serve subpeenaes he would Sa re @ place for him in the Department of Puble Works.” ‘he further examination will be resumed at two P. M, to-morrow. MEMENTO OF LAURA KEENE. During her lifetime the late Laura Keene became indebted to Mr. T. T. Little for about $700, for which Mr. Rossin, her son-in-law, became responsi- ble, About five years since Mr. Little had tne debt put in the form of a judgment against Mr. Rossin, but until some two months ago no execution was issued thereon. At that time a deputy sheriff walked into the residence of Mr. Rossin, much to the latter's surprise, who asserted that he had no recollection of any process having been served on him in the action. ‘As the judgment si him in the face, however, Mr. ‘Rossin assented to asettlement by his wife giving her individual note binding her personal estate for $1,000, payable in sixty days, ‘The sheriff's man then withdrew from the premises, but Mr. refused to give # satisfaction of the judg- ment until after payment of Mrs, Rossin’s note, On the part of the judgment debtor it is claimed that the ucceptance of the note was an extinguishment of the original debt, while on the part of the judgment creditor it is claimed that the note was merely ac- cepted as additional security and intended to operate as a stay of proceedings on the judgment until there should be default in its payment. Upon this state of facts a motion was made yesterday, before Judge Sinnott, in Marine Court, Chambers, on the part of the judgment debtor, for an order compelling the judgment creditor to satisfy the judgment of record. After a long argument the Judge took the papers, re- serving his decision, NATIONAL TRUST COMPANY. Permission was given yesterday by Judge Donohue to the Attorney General to bring suit for the dissolu- tion of the National Trust Company. As will be re- membered, the company suspended on December 14, 1877, since which time it has been in the hands of William J, Best, who was appointed receiver. Re- cently a majority of the stockholders signed an agree- ment for the dissolution of the company, in which agreement power was given to Messrs, Marsh & Wallis to represent them and procure on their behalf from the Attorney General authority to bring suit for its dissolution. This authority was procured, after which Mr, Samuel 8. Constant, a stockholder, applied to Judge Donohue for an order to show cause why the company should not be dissolved on the groun that it had violated the provisions of its charter, and that in all probehitty the stockholders would not re- ceive # dividend of more than twenty-five per cent. ‘This order was granted, and, on a hearing yesterday before Judge Donohue, in Supreme Court, Chambers, the permission stated above was granted. SUMMARY OF LAW CASES. A decision was yesterday rendered by Surrogate Calvin in the will case of Louisa 8, Shirmer, who left all her property to her alleged paramour to the exclusion of her husband, The will was contested by Ludwig Shirmer, on the ground of undue influ- ence. The Surrogate sustains the will, holding that the husband was also guilty of marital infidelity and that the argument of undue influence was not well taken. Ho says that “the more reasonable presump- tion is that she would remember her paramour rather than her discarded husband.” The suit of the Chicago, Milwaukee and St. Paul Railway irc ce ar Russell Sage is now on trial before Judge Van Hoesen, in Special Term of the Court of Common Pleas. The suit is brought for an accounting covering transactions between the company and Mr, Sage, who was formerly vice presi- dent of the company from the year 1868 to 1875, it being alleged that oni that time items for which the company was entitled to credit in its accounts with Mr. Sage were omitted. ‘The principal point of dispute is whether or not Mr. Sage is chargeable with sixty-eight bonds for $1,000 euch and the coupons since October, 1865, claimed not to have been ac- counted for, and other items of interest and stocks and coupons, Mr. Sago claims to have had a full ac- counting with the company and to have given them credit for all that he was chargeable with from time to time, and to have turned over to his successors all property of the company in his possession at the time when he ceased to be vice president, in June, 1875. Mr. F.N. Bangs appeared for the company and ‘Aaron J. Vanderpoel for the defendant, COURT CALENDARS—THIS DAY. Surneme Count—Cuamners—Held by Judge Dono- hue.—Nos. 69, 88, 102, 139, 168, 180, 190, 211, 215, 232, 225, 288, 262, 264, 266, 263, 263, 264, 206, 209, 270, 274, Supreme Court—Srectan Tenm—Held by Judge Van Vorst.—Case on—No. 878, Hollins vs. Morris et al. No day calendar, Surremg Court—Cincurt—Part 1.—Adjourned for the term. Part 2—Held by Judge Lawrence.—Case on—No, 1151, Haun vs. Sheffield and anoth2r. No day calendar. Part 3—Held by Judge Van Brunt.— Case on—No. 123;, Anderson vs. The New Jersey Steamboat Company. No day calendar. Pi siicmte CountT—GENERAL TeRM.—Adjourned sine Hie. Surerion Court—Srectan Term—Held by Judge Speir.—No day calendar. SurERion Count—TniaL TERM—Parts 1 and 2.— Adjourned for the term. CoMMON PLEAs—GENERAL TeRM.—Adjourned for the term. ComMON PLEas—SprctaL TEeRM—Held by Chief Justice C. P. Daly.—No day calendar, ComMoN PLeas—Equiry Term—Held by Ju Pe apne on—No, 8, Lambert et al. vs. et al. Common Pxreas—TaiaL Tenm—Part 1—Held by Judge Larremore.—Nos. 980, 981, 1976, 1007, 608, 173, 2062, 893, 2056, 956, 2030, 2032, 966, 824, 825, 963, 964, 820,919. Part 2—Held by Judge J. F. Daly.— Nos. 677, 862, 890, 905, 1744, 1014, 1020, 885, 887, 315, 921, 925, 878, 858, 959, 960, 1022, 1026. Maxine Count—Trut Texm—Parts 1, 2 and 3.— Adjourned for the term. Court oF OxyER AND TERMINER—Held by Judge Barrett.—The People vs. Charles: Bernstein and Abraham D. Freeman.—Arson (continued). CourT oF GENERAL Skssions—Part 1—Held by Judge Gildersleeve.—The People vs. David Pender, robbery (continued); same vs. Michael Marmoura, homicide; same vs. Charles Heichatt, grand larceuy. Part 2—Held is ode Cowing.—The People vs. John Brown, homicide (continued). BROOKLYN BRIDGE. FURTHER TESTIMONY TAKEN BY THE LEGIS- LATIVE COMMITTEE TOUCHING ITS SAFETY. ‘Tho Assembly Sub-Committee on Commerce and Navigation, consisting of Messrs. Knowles, Duquid, Low, Wells, Sheridan and Grady, met yesterday morning at the Metropolitan Hotel to continue the hearing of witnesses concerning the New York and Brooklyn Bridge. The model of a full-rigged ship occupied the centre of the long table in parlor No. 117. Colonel Payne, who was examined by the com- mittee at its last sitting, was recalled to amplify cer- tain points in his testimony already taken, Captain D. Luce, of the Minnesota, was called and testified that when he broke his topmasts, two years ago, it was an accident that, under other conditions, might have been avoided. He had to give way for » ship in tow, as the alternative of running into the tow or breaking his topmasts was presented, Captain Nelson was next examined:—He did not think that the largest merchantmen in the world would have any difficulty in going up the East River when the bridge was completed; they would, of course, have to house their topmasts. This was very inconvenient for the reason that the crews of merchantmen generally desert at quarantine, Staten Island. When desertion occurs and the ship has to berth up the East River, it will be necessary to get a rigger’s crew aboard to house the topmasts. The law allows owners to deduct from the wages of sea- men any expense that may have been occasioned by their desertion. The captain said some hard things about boarding house runners, when Mr. Grady, with mock solemnity, asked:—‘Captain, are you aware that these gentlemen are my worthy constitu- enta?” Van jer ‘VESKELS IN THE EAST RIVER, Colonel Francis Collingwood, a civil engineer, was next called, and stated that he had been engaged in a rofeasional capacity since 1869. He gave testimony in corroboration of Colonel Payne as to the strengt and stability of the piers and cables of the bridge. He stated that in summer, allowing for the greatest sag consequent on the expansion of the cables, there would be a distance of 185 feet 6 inches above mean high tide, and in winter 138 feet 6 inches; he n v remembered having seen & square-rigged vessel being od in the East River; they were invariably in Colonel Collingwood, in speaking of the in- fluence of the wind on the bridge, did not think it would affect the structure; he had been informed by the engineer of the Cincinnati Bridge that the greatest novement of the bridge was one toot during the highest wind that had been known for years. The height of the Cincinnati Bridge was 100 feet clear and 1,059 feet span. , To Mr. Grady—I have not had experience on at other bridges in the country; think the New Yor ud Brookiyu Bridge compares quite favorably with any similar structure in America; agree with Colonel Payne that at times there may occur winds which will drive pedestrians against the guards of the bridge; such a wind would Bave to have a force of twenty pounds to the square foot, a force which is not frequently attained; I cannot conceive how the bridge could be made safer than it is at present. WooD's DURABILITY, At tho suggestion of Mr. Murphy, Colonel Colling- wood gave the committee some interesting facts con- corning the durability of submerged timber, While digging for a foundation for the Brooklyn pier ot the bridge ho came upon some old piles that had been driven fitty years before to support the foundation of certain Warehouses, There sticks were found to be in a pe t state of preservation—sound in every fibre, Witness had such faith in these timbers that he used one of them to prop up one side of the ex- cavation, where a attain of seventy tons was brought on it, In excavating for the Brooklyn approach, about 600 feet from the present bulkhead line, he found other timbers that had been driven for a whart about one hundred years ago; some of the sticks, fifteen or sixteen feet long, were perfect, and were made into walking-sticks, Trajan'’s over the Danube, built of wood, had lasted 1 ears, aud the submerged timbers of the old London ridge were found sound and perfect after 600 years, ‘The committee mects again this morning at ten VIRGINIA’S LIQUOR LAW. FAILURE OF THE MOFFATT BELL PUNCH—A NUISANCE TO THE PEOPLE AND A DISAPPOINT- MENT TO THE TREASURY—A REVENUE OF EIGHTY THOUSAND INSTEAD OF A MILLION DOLLARS. : Ricumonp, Feb. 23, 1879. The present session of the General Assembly is nearly over, and with it the “Moffatt bell punch,” as the register is familiarly known, has well nigh rung out its own death knell in the Old Dominion, The scheme appears to have been absurd from the begin- ning, and the law by which it was sought to be put in operation’ was so utterly inefficient that failure has followed it, and disaster and general contempt are about to overwhelm it. When the law was passed at the session of 1876-77 its defects were pointed out by the small minority who opposed it. They claimed that its provisions were impracticable, and the method provided for collecting the tax neither feasible nor efficient. It was urged by a Sen- ator from this city that the cities would pay the tax and the counties ignore the law, and that it was only another device to saddle the burden of taxation on trade, commerce and enterprise. The results have justified these predictions. Eleven cities and towns in the State, with a population of 157,000, have paid a tax of $142,000, while ninety-nine counties, with a population of 1,250,000, have paid a tax of only $140,000. Owing to adelay, which also discriminated against the cities, in putting the law into operation, the registers were not started until October, 1877, though the law requiring them was passed in March, 1877. They were not supplied to all the counties un- til September, 1878, But even allowing for the differ- ence in the time, the amount of tax paid by the sev- eral counties is ridiculously small and incomprehen- sible on any fair theory. For instance, the county of Buchannon paid $34 18, while the county of Pittsyl- vania, with the city of Danville, pays $7,164 82. ‘The disproportion in wealth and population will not ac- count fot this in any manner or torm, and the inevi- table conclusion arrived at is that the ‘cranking’ of the bell in the register is almost wholly neglected in the counties. NET RESULTS, The liquor sellers have been forced to pay $35,130 for the Moffatt registers—each one costing $10— while the net increase of revenue over the old system of specific licenses has been a little over $80,000. This is the result after all the extravagant predictions of Dr. Moffatt and the advocates of the register, who claimed that it would support the State government, the public schools, and go far toward paying the State debt. In the “liquor bell punch” these rural statesmen had discovered the philosopher’s stone of taxation, but the scheme has turned out only to be s good thing for the con- tractors for the register, who have been paid for the machines; a good thing for Dr. Moffatt, but a hard thing for the liquor sellers and the poor people who are out of pocket, and @ bad thing for the State, which has made a ridiculous exhibition of its inca- pacity for business, and which has become a leugh- oe stock for the country at large, and has obtained $80,000 of additional revenue out of a tax which was pledged to produce at the very least $1,000,000. THE REGISTER AS A POLITICAL MACHINE. The truth of the matter is the “punch” is a boomerang. It/came back to plague the inventor. If it was enforced it would relieve the finances, would greatly help to pay the State debt and break ‘up the stock in trade of the readjusters and repudia- tors, of whom Dr, Moffatt is a chief; but if repealed it will damage Moffatt and his party still more. The cities are the mainstay and support of the debt-pay- ing sentiment; but a large power in the cities are ex- asperated at the attempt to saddle the whole debt on them, and if that attempt is persisted in they threaten to join the readjusters and thus give them control of the cities and consequently of the stock, as the latter already have the counties. These practical consequences are too serious to be encountered for the purpose of experiments in finance; hence the real leaders of the debt payers of the State propose to force Moffatt and his readjusting allies to force his law by appropriate legislation or they will re- peal it. ey offer him this alternative, and will certainly drive him to an issue. The general objective point of those who seek to amend the Moffatt Register law is to provide for its more stringent execution, and these amendments are numerous. Among them is one to punish by fine and imprisonment any suloon keeper whose bar- keeper fails to register drinks, whether done wilfully or not. The present law only punishes the bar- keeper, or ordinary keeper, or retail Liquor dealer, who wilfully fails to register. The amendment pro- poses to punish the bartender and barkeeper both— the servant and the master—for neglect of this duty, whether wilfully or not. Then there are those who urge @ police system to enforce this law, instead of leaving it to an informer, as at present. The in- former does not operate against liquor desler “worth a cent.” A RADICAL LIQUOR. LAW. Another provision offered requires that every tex- payer shall, with the return or his personal prop- erty to be made for assessment of taxes, return the quantity of liquor bought by him during the year for use in his family from any person other than @ licensed retail liquor dealer in this State. In other words, the Moffatt law taxes all liquors consumed in barrooms and all liquors purchased from dealers in the State, but the amendment taxes also all liquors purchased by citi- zens from persons not licensed in State and from all others out of the State, whether in Baltimore, New York or Boston. This is the application of the tax screw to the private affairs of every individual in the State. It is more searching and inquisitorial than any income tax, for it examines into and makes _pub- lic and levies taxes upon the domestic habits, hos- pitality, &c., of the citizen, and it is strongly antici- pated that if this is urged with any d of tact or Peon 4 the repeal of the Moffatt law will follow as a res) PRACTICAL OPERATION OF THR REGISTER, The register as a revenue collector is variously viewed by the barkeepers. By the honest and a ma- jority of the saloon keepers and liquor dealers it is disliked and even hated; by those that disregard the crank and don’t register it is rather liked and en- couraged. I called upon a prominent uptown saloon keeper, Mr. Tom Redford, who religiously registers every drink, and asked his views about the machine. He was unqualified in his disapproval of it, and said it was a disgrace to the State. “Why, sir,” said he, “no other class of merchants would tolerate it. No other persons but those who patronize bars would submit to it, because it digcriminates in its applica- tion. It is also an inconceivable source of aunoy- ance, as you shall see if you only remain here a little while.” I did remain and presently a custom after taking what is known among tipplers as chromo,” a pretty stiff drink of whiskey, put a ten cent piece on the counter and started for the door, ‘The barkeeper called, “Hello, sir; this is not enough!” CustoMen—That’s not enough? You don’t mean to say you charge more than ten cents for a drink of whiskey these times, do you? Baxkeerkr—We don't in reality charge but ten cents, but the State levies two cents anda half oneach and every drink and I must obey the law and collect it. Custommn—The State and the law be ~ And out went the customer, but the barkeeper had to reg- w the drink just as if he had been paid the two cents and a half tax. Customer No. 2 then came and called also for whiskey, handing a quarter in pay- ment. His change, ton cents and a little pasteboard card representing two cents and a half drawback, was returned to him. He looked indignantly at the card and asked, ‘What is this?’ BaRkeeren—It represents two cents and a half and makes your change exactly, after taking out the tax. Customen—ButI gave you money and I want money ‘The barkeeper then explains the operation of the lit- tlecard, which was in eflect that the next time hecame his drink would only cost him ten cents with the card, making two drinks for a quarter. ‘This was in order to faciiitate the collection of the tax and make even change, but the customer demanded money, and when he was handed three cents did not seem ‘well satisfied. In this instance the barkeeper paid on ae- count of the State one-half of a cent. And so the law seems to work everywhere, VOLUNTEER LIFE SAVING, UNFORTUNATE CONDITION OF NAN AND HIS COMRADES—AN APPEAL IN THEIR BEHALF FROM PAUL BONTON, Prrrenuna, Feb, 22, 1879, To Tur Eprror oF THE Henaup:— i In your issue of the 2ist the public are made ac- quainted with the deplorable condition of “Nan” and his comrades—lads who have distinguished themselves in their humble surroundings in a cause that commends itself to the whole community. ‘This is more to be regretted as there was actually no excuse for any delay or stint in the arrange- ments of the corps. I remained in New York two weeks over my time in order to see tne work finished according to my idea. This might have been accomplished had it not been for the time lost in holding committee meetings and adjourning with- out action, After the new society took hold of it the work passed temporarily out of my hands, and I supposed they would have energy enodgh to push the matter through. The boy# have good rea- son to be dissatistied, as they have refused many tempting offers in the’ theatrical line at better pay; but, to their honor, they have stuck to the cause thoy have chosen for their life-work. 1 wish to remind the citizens of New York that the subscriptions lately raised were not for the boys in- dividually, but for a general society fund. The boys have genuine morit and should have more en- couragement by individual benefit. [am only wait- ing the end of the voyage | start on to-morrow morn- ing to prove that their confidence in me is not mia- placed by returning to their help, PAUL BOYTON, REAL ESTATE. ‘The following sales were made on the Real Estate Exchange February 25;:— AY KY. ARNETTE. House and lot, 20x85. 160 West 15th s 6th a oJ. G. Dalrymple Also the store aud lot, No, 20 White st., near Chureh st., to Jumos MeCarmack, seseee 14,500 BY D. F. V. B. Kennedy, referee—F aloof a plot of land 166, 10x74, 11x 145: the e. 8. of alorse av., corner of Home st., excepting lot on & 8. thereof (23d ward), to G, A. Black. sayeei enat # Morrisunia, to plaintiff. BY LUDLOW & Co. Edward E. Walters. roferoc—Foreclosure sale of a plot of land, 245x100x250x100, on Elwood st., corner of Sherman ay,, a portion of the D, estate, to plaintiff. 500 Also, public anction dwolling, with lot 16,8x100, No. 9545 Cannon st., w. #, 129 ft. , of Stanton st., to A. Ottenbery.... 8,700 Also, two story brick house, with lot 18.10x95, No. 203 West 10th st , s. s., 186.9 ft. @. of Bleecker st., to Harriet L. Jeffors. Also, foreclosure sale- Y 4 plot of land 166,10x224.11x150x167.2 on Sy., 2. @. ornor of 167th st. (23d ward), to pla . 0 WY Wa KIEL Joseph O. Brown, receive Receiver's of a plot of land 50.4x153x41, 1 ¥, on the e.8, of the Old Post road, known on» map of lots be- longing to 5+. John & Archer, Wost Farn also, a plot of land, 50,4x128.8x41.0x100, on tI of the Old Post road, adjoining lands of W: lot No. 6 on the “ iliam, side of Prospect av., strong and known us lot tioned map, to pluintitf. BY PF. ak Executor’s salo of one lot, 22.6x75, n. w. corner of Jackson square and South st., to ‘Henry Hulsber- OF eens ako one tot, 2,900 2,050 3,900 1,800 ine, On Jackson square, Immo- diately adjoining, to A. G. Fox.. . Also two two. story houses and lot Nos. 87 und 85 Jackson square, to A. G. Fox.....° Also one Jot, 25x70, and warehouse, on South st., 75 ft. w. of Juckwon square, to A. G, FOX... lee BY A H. MULLER & SON. Public auction of five story brick stores, with plot of Ywnd 70,2x60%68,7251.1, Nog. 180 to 186 Washing- tou st., 2. w. corner of H, Offerman, $20,000; . $0 Julia Sullivan, 250; Nos. 184 and 136, to J. M. Jackson, 17.800, and No. 76 Di to J. M. Jackson, 10,000". Also ‘one four 10x24.3x343, Washington Also recvive: front dwelling, with 8, to F, F. Thompson. with lot 20x34, ‘. w. corner of sale of tho four lot, No. 157 Total........4. OFFICIAL REAL ESTATE TRANSFERS. Tho following is a statemont showing the real estate transactions recorded in the Register’s office, Feb- ruary 25, 1879:— Southern Boulevard, w. s., 28.8 ft. n. of 137th st., 86.6x128xirregul id man and wife to 84.6xirregular (2 S7th st., no, 9.,200 ft. w. of Lat Galligan and wife to Thom S7th st., same property ; Th Cutharine Galli, Cottage st, St Crooker othors to Susan Croker. . : 2,500 Slot st.. n.9.,275 ft. ¢. of 2d av., 18.9xi00.5; Wille fam H. Elliot and wife to Jonas Weil... 7,300 10th av., s. ©. corner of Pith at,, 82.11 xirreguiar; George 8. Coe and others 10,000 Nathan J. N BOUN st, m8. B27 fh. we Of 2 22. garet J. Wilcox to Ann Nudd... 2d-av., 6. w. corner of 76th 4t,, 24.0x80 Jonas and wife to Honry Munker 22d st., n. 6, 150 ft. w. of Oth av. ‘Andrews (referee) to William E Madison av., Berault aud 4x1 15,500 - 10,000 4,009 16,000, 6,150 Andrews (referee) to Thomas O, Leroy (executor) No. 86: E. Pi sterson (referee) to olin. lonk.. ee . 100 Washington st., w. s., 43.9 fs. 8. of Desbros: . 69.744x83.2; Johu Uopeutt and wife to John B Copeutt 27,000 ‘S9th wt., 150 ft. w. of 7th and husband to Blanche B. Ame: 31,000 a oe caer on N wifo to Jennio A. Tamajo jom. nn. 70.6 ft. w. of av. B. Mi # to Dennis Hayes 5,150 8,2 ft. w. of ‘3, Hills to Johw Hafner. 250 13th st., n. 6, sane proj Chossle E. Zeller. 17,000 av., 8. @& corner of St. iam Pitt to Thomas Harhart, 27,200 West 10th #t., n, 8. 22 ft. o of Waverley place, 22x73; samo to Thomas F. Carhart 19x100.5; Roger jacuuli Bdas 4., 75 ft. of 35th, st. 25x87.6; M. Samter and wife to David Fox... LEASES, Ay, A, sw, cornor of 15th st., 26x94 (20 years B. Astor to Joho Riegelwann Gth av., No. 820, store aad bi Stephien Hayes to John Rogers. a Sth av., No. 151 4 yoars 6 months); Rebecca A. Wal- ton to Catherine J. Wolfinger. RECORDED MORTGAGKS, Copeutt, John B.,to Charles A. Lealo, w. 6. Wash- ington at., 8. of D 1 Doran, John, to C ¢. of 2d a Ebonspa 2d av., 8. of 12th st.; 2 years, 4,000 Galway, Jamos, to the Mutual Life Tnsdrai any, n. @. corner of 6th ay, and S7th st. 40,000 Ghiey, Jultus aud wit 8. Moth ot, w. of Ist a Harvey, Savings Bank, s. 1 year... § Hashagen, Diedrich and wife, to Courad Hassel- broek; 5 years... ~ Same to Lucy Kulenkamp. ; McCormick, Catharine, and others to the Unit States Fire Insurance Company, u.w. corner of av. C and 12th st; 5 years. MeGill, John 8., to Philip near Stanton st.; note MeGlonsey, John, to the General Theological Sem- inary of the Protestant Episcopal Caurch in the United States, n. s of 2uth st.,w. of 10th av.; 1 year... Marks, D Stroh, Jacob A., to James Flynn, n. & of 20th st., 0. 2,000 (executor), &e., 5 Wiley, Joseph, and wife, to 8, Townsend corner of Jefferson L year... Woods, David and wife, to James L. Morgan, Jr., «. Mth st., ¢. of Oth av.; 2 yours. ceteverees 10,000 . Edward and wife, to MG. ‘Turner and her (executors, &e.),'m. #. of 195th st.,e, of Willis av. ; 3 years: pea 1,000 RECORDED Ai WTGAGKS. Bryant & Bentley to Jol gh (admin- istrator, ec.) $197 Mutual Life Insurance ¢ lips (executor, &e. ie Augusta G John A. (adini Mary A. Ward. Work, Jainos H., to Francis A. Palmer. ATTEMPTED ARSON. NARROW ESCAPE OF A LANDLADY FROM BEING RURNED TO DEATH. Mr. Frederick Kopper owns the frame building at No. 2,292 Third avenue, on the west side of the avenue, between 124th and 125th streets, The ground floor is occupied as a saloon and restaurant, and the third floor by a Mrs. Sullivan and her family. Three months ago ® party of young men calling themselves the “Waverley Club” rented of Mr, Kopper the second floor, and fitted up the two rooms with @ billiard table, chess tables, chairs and other furniture. They were quiet, orderly, re- tired early and for two months paid their rent with- out hesitation. They were in arrears the last month, and on Saturday night Mr. Kopper notified the officers of the club that they would have to vacate their quarters. On Monday morning most of the furniture was removed, and all. day _yester- day two of the members of the club. were in the rooms making final preparations: for a permaneut departure. Mrs, Sullivan overheard reat deal of whispering between the young men during the day, and, about five o’clock in the after- noon, saw them leave the rooms, carefully lock both of the doors and then peep through the key holes, “What are you doing there?” cried the lady, over the juster, in an imperative, yet frightened tone. At this interruption both ot the young men tumbled pell meil down the stairs and disappeared, Immediately after Mrs, Sullivan smelled fire and saw smoke issuing from the rooms formerly occupied by the club, Grasping her bonnet she rushed into the sti ing “Fire” at the top of her voice, A_ pol the op Ik took in the situation at once and sounded an alarm. Captain Van Horn, of the Harlem Fire brigade, was speedily on hand, but, owing to the almost infernal ingenuity of the incen- diaries, found some difficulty in gaining an entrance to the rooms in which the fire was now plainly dis- cornible, The doors being forced the flames were soon extinguished, with a damage to the building not exceeding probably $15, Subsequent investigatic revealed the fact that a quantity of shavings and straw, saturated with turpentine, had been strewn over the tloor and then ignited froin the stove—which had been left behind—in which a large fire had pre- vigusly been kindied, One of the young men who left the premises in so great 4 hurry is said to bear the name of Joseph Shaw, His companion, who was at- tired in dark clothes, light brown overcoat and & broad felt hat, is unknown, ‘The building saved from destruction is of slight construction and stands ins row of similar structures. Mrs. Sullivan was interviewed by @ reporter. and expressed her delight at being saved porhaps from a painful death, RAPID TRANSIT CROSSINGS, Dangers of the Joint Routes Estab- lished for the “L” Roads. —-——__ THE CHATHAM SQUARE PROBLEM. How the Risks of Delay, Confusion and Collision May Be Avoided. ed It is now generally conceded that the great mistake made by the Rapid Transit Commissioners was in confining the two “L'’ companies to a single joint track for certain portions of their routes. The Henatp has received a great many letters on the sub- ject showing that the hundred and fifty thousand daily patrons of the “L” roads are fully aware of the serious dangers of delays aud even of collisions ex- isting through this grave error on the part of the Rapid Transit Commissioners. It is now the deliberate opinion of all engineers and ex- perts on the subject of rapid transit who have carefully studied the subject, that never for a single inch of space should the Rapid Transit Commission- ers have confined the two companies to one track, ‘The following particulars will show exactly where the routes of the two roads coincide, and are, tech- nically speaking, “joint,"’ and where they cross each other; and they will easily demonstrate the absolute necessity for an amicable arrangement or compro- mise to be entered into by the two companies by which the dangers of delay and accident may be re- moved, and the entire safety and perfection of rapid transit be insured. ON THE EAST SIDE. ‘The muddle created by the Rapid Transit Commis- sioners is far worse om the east side than on the west side, and now that the Second avenue line of the Metropolitan “L” is about being built it appears to be high time that something should be done. Ac- cording to the present routes of the two lines, the Metropolitan, after crossing Bowling Green from west to east and passing through Beaver street, strikes the Third avenue “L"’ first at the intersection of Beaver and Pearl streets. From the junc- tion of Beaver and Pearl streets to Chatham square there is about three-quarters of a mile of joint track to be used equally by both companies, each of whom pays half the cost of that.portion of the road, At Chatham square—which will be by far the most troublesome point of all the “L” routes throughout the city, unless some other arrangement is made—tour lines intersect each other, namely, the City Hall branch of the Third avenue “L,” and the main line of the Third avenue “L” passing down from the Bowery to the New Bowery; the Metro- politan “L’’ crossing over from Division street to the joint track in the New Bowery, and the Metropolitan branch to Chatham and Chambers streets. EVERY THREE AND THREE-QUARTER SECONDS, Assuming that each lino ran one train per minute, as it is contemplated, the trains would cross cach other at Chatham square every three and three-quarter seconds! But even if it were made a rule, according to the law of this State, for every train to stop before crossing and collisions would thus be avoided by a most careful and elaborate system of signals and switches, the delays would unavoidably be frequent and grestly obstruct real rapid transit. An- other troublesome point is the joint track of the Chatham street branch from the intersection of Chambers and Chatham streets to Chatham square. The Metropolitan “L” will have a right to run their down trains from Chatham square alter- nately over the joint track through the New Bowery and Pearl street to Beaver strect and Bowling Green, and over the joint track through Chatham street to Chambers (or to within a block of the City Hall station of the other line), and thence across Chambers street to Broad. way, and their up trains vice versa. Of course it would require the most exacting and painstaking care to avoid delay and collision on this joint part of the Chatham street branch if both companies are to use it equally as contemplated by the Rapid Transit Commissioners. ONE ROAD RUNNING OVER THE OTHER, From Chatham square upward the two lines branch out widely apart, but again they cross cach other at Thirty-fourtb street. Here the Third avenue “L,” contrary to the general expectation, is building a spur down to the Thirty-fourth street ferry, al- though it was thought that the trouble which the company had already experienced with their Forty- second street spur would have been to them a suili- cient warning against a repetition of the experiment. Atthe junction of Thirty-fourth street and Second avenue the tracks of the two lines of the Second avenue road and of the Thirty-fourth street branch intersect. The difficulty, fortunately, has been ob- viated by the Metropolitan “L’’ passing fourteen feet over the track of the New York “‘L.”” The Second avenue track will here be at a height of forty fect from the sidewalk, and the Thirty-fourth street branch sbout twenty-six feet. At Nincty-second street and Second avenue there is another crossing for the Third avenue “L” which has a spur from Third avenue down to the Astoria and Hell Gate ferry at the foot of Ninety-second street. At present there is no trouble about this point, as the New York “L” do not intend to construct this spur (which could never be made to pay) for some time to come—if they ever build it at all. ON THE WEST SIDE. The west side routes, as com; with the east side, present scarcely any difficulty whatever. There is only one joint track on Ninth avenue, which ex- tends from Fifty-third to Eighty-third street, At Eighty-third street, or thereabouts, the New York “L” will leave the joint track and cross over west- ward for its extension to Kingsbridge, while the Metropolitan Company continue their route straight along Ninth avenue to 110th street, thence pass east- ward to Eighth avenue and along ‘Eighth avenue to the Harlem River. Hence there will be only two points of difficulty on the west side—the junc- tion of Fitty-third street and Ninth ave- nue, where the trains of both lines will cross each other, and again, at the other endof the joint structure, at Eighty-third street and Ninth avenue, where the same couditions will prevail when the Now York “L” once operate their as yet unbuilt westerly extension to Kingsbridge (which, however, will prob- ably not befor some time to come). As tar ax the lowercrossing at Fifty-third street and Ninth avenue is concerned, the engineers and managers of both lines express confidence that with a caretul and thorough system of signals and switches, delays and accidents will be entirely and easily avoided, more ecially asthe trains here will not be of nearly such great frequency as on the east side of the city. THE REMEDY SUGGESTED. wed by way ot remedy for the he Rapid Transit Commis- ditional route be fixed upon below Chatham square, It appears, however, that such a course might lead to great delays and complications likely to be in- jurious to rapid transit, In the first place, there ex- ists a serious legal question as to whether the old Rapid ‘Transit Commission has still power to act, and prop- erty objectors, it is thought, would be sure to carry this preliminary question to the Court of Appeals, thereby causing tedious waste of time. After this question had been settled the consent of the property owners would have to be obtained, or, that failing, & commission would have to be appointed by the General Term ot the Supreme Court to take testimony as to the propriety of the route fixed, and they might consume months before giving their decision. Owing to the peculiar shape and narrowness of the streets in that portion of the east side below Chatham square i: is also held that hardly any other feasible or advantageous route be side the one now iu operation is well possible. The remedy suggested by thove who have given the most earnest attention to the subject, and approved by many engineers and authorities on rapid transit, is for the two companies to enter into a friendly rangement for the complete division of the east side routes below Chatham square, “What is the use of endangering the lives of the travelling public,” it is asked, “in order that two companies may divide the east side traffic on one structure, from Chatham square down to Beaver he one side, and to Chambers street on t not avoid ali this trouble aud danger by letting one cou ny take the one eastside branch and the other company the other?’ LET KACH ROAD HAVE ITS OWN TRACK! 1 Gilbert charter the Metropoli- street route, from Beaver streot ) exclusively; it was only in after had th to Chatham squ yours that they concede e half” ase of the track to. the Now York “L.” Mean. while the latter has found a most valuable terminus at the City Hall, or one at least, that would prove immensely valuable if the Metropolitan “L" had not the joint right to use the greater part of it. Un these cireumstances, it is thought to be the fairest arrangement, jn Justice to. the public whose aceom- modation and satety ure so deeply concerned in this matter, as well as to the interests of both companies, if the New York “L” would concede to the Metropol: iten “L"’ the sole and exclusive use of the joint New 1 Bowery and Pearl street road ougtanlay ye outin the Gilbert route, and the Metropolitan “L,” would, in re- turn, give the New York company the sole and ex- elusive use of the valuable Chatham branch, and, at the same time, abandon their Chambers street connection altogether. Such an arrangement, it is thought, would obviate all trouble or confusion on the cast side—for then the Chatham square tracks of the Third avenue * could be easily shifted to the westerly part of the square, while the Metropolitan's crossing from Division street into New Bowery could be estab lished further on the easterly side of the square. If is understood that the two companies, appreciating the importance and magnitude of the mterests in- ‘voived, are already in consultation, and the earnest hope prevails that some such amicable arrangement will be entered into promptly to obviate all diff culty, It is casy to perceive the manifold risks of delay and collision and the general confusion ide to arise from the joint use of the Pearl street a1 Chatham street tracks,and the additional discomforts likely to be caused by a joint occupancy of the Franklin square and Fulton street stations ou the rt of the two companies. Such a confusion would hailed with delight by the enemies of rapid transit and used to its discredit, as far as possible, and it is, therefore, generally considered that such a friendly and mutually advantageous arrangemont as that outlined above will, in a spirit of concession, be made by the managers of the two great rapid transit lines. EXTENDING THE « ” ROADS, BAPID PROGRESS OF THE WORK ON DIVISION AND ALLEN STREETS--O! ENING OF THE MET- ROPOLITAN “L” TO EIGHTH AVENUE AND FIFTY-THIRD STREET. It was astonishing to observe what rapid progress had already been made yesterday in digging the ex- cavations for the Second avenue “L" through Division and Allen streets in the twenty-four hours in which the isborers had been at work. It is # re- markable fact, by the way, that most of the men who were eager and anxious to obtain employment here at $1 25 per day are the very strikers who threw up their places on the west side extension on Ninth and Eighth avenues, refusing to accept that pay. These men have already lost nearly three weeks’ wages, and now the greater portion of the force are willing to return to work, but the excava- tions have been snowed up and are frozen so deeply that the company prefer to wait a short time until there is a thaw before resuming work. In Division and Allen strect, however, the men employed have already demonstrated what may be expected of them. Yesterday noon the holes had been excavated to a depth of eight or nine feet. The soil being sandy the digging proceeded with marvel- lous quickness, and the contractors were themselves astonished at the remarkuble progress that had been made in this very short space of time. ‘The earth which had been excavated was banked up in great heaps along the curb, and being covered with a deep mantle of snow offered quite a picturesque spectacle. In spite of the severe snow storm the work con- tinued all day, and with every shovelful of earth a plentiful addition of snow was thrown vp. It was quite evident that Messrs. Ambrose & Mills have an excellent set of workinen here, who will complete the foundation in a very short space of time, THE METROPOLITAN ‘‘L'’ EXTENDED TO EIGHTH AVENUR, ‘As announced inthe HenaLp, the Fifty-third streat extension of the Metropolitan “L" was opened yes- terday as far as Eighth avenue. The first Eighth uve. nue train left Rector street at 11:30 and arrived 4t Eighth avenue and Fifty-third street at 11:50, the running time being the same 4s that to Fifty-eighth street and Sixth avenue on the east track. The com- pany have built a very handsome little switch house for working the switches for the Fifty-third street branch, and the oflicers say that the arrangements made in this respect are so complete as to absolutely render impossible any collision between an Eighth avenue up train and # Sixtli avenue down train. ‘The writer, who was on the first Eighth avenue train, found that the curve from Sixth avenue into Fifty- third street was made with the preatest ease. It 1s not so sharp as either the West Third street or Murray strect curve. Great curiosity | pre- vailed among those on the train, including quite a number of the employés of the road, to see how the residents of Fifty-third street 1d take this invasion of the much dreaded L” railway into thetrr secluded region. It waa known that the Fifty-third street property owners and residents had been among the most bitter ob- jectors to the road before the Attorney General, and at one time it was even announced that they had em- ployed General Butler and General Roger A. Pryor to take their case into the courts. The street being » rather nurrow one, and many of the residences being handsome brown stone houses, whose inmates were particularly sensitive as to the disturbance which they apprehended from the noise of the road, it was only to be expected that the appearance of the first train through Fifty-third street would be received with loud gnashing of tecth. GOOD-NATURED ASTONISHMENT. As the train glided into Fitty-third street and passed the large poate stables on both sides one would see the female denizens of the residences above referred to rush to the windows, some with babies in their arms, others leaving these “incum- brances” to their nurses, who also occupied con- spicuous places at the windows. The expression on most of these faces wis one of good-natured and amused astonishment, and only a few of the older people were seen to grimly shake their heads at the train and to look after it with unmistakable disgust. “Here it is last,” their ominous headshaking seemed to say; wef couldn’t keep it away any longer.” ‘The few men who wero in their homes at the time also took the innovation more disagreeably than their better halves, who evidently thought that the sight of the passing trains would, at all events, afford “some pleasant variety to the mo- notony of the street view, which is particularly dull. At Fifty-third street and Eighth avenue there is handsome station, iarger than any on Sixth aven' but still unfinished, and here experienced tick sellers and gatemen were stationed, j main line. The traflic yesterday was comparatively light, as the station was not opened until the entire rush’ down town had passed. Ono of the ticket agents was previously stationed at Fifty-cighth street and Sixth avenue, and soid the very first ticket on the Metropolitan “L” in June last, when it was opened to the public. It is anticipated that the bus- iness of this station will add at least three thousand passengers to the traffic of the road, which bas ale ready, for months past, averaged 55.000 per day, PUSHING RAPID TRANSIT. Under the provisions of the Rapid Transit act steps are being taken to continue the Third avenue “L” road into the annexed district. As the initiatory step to accomplish this desired end, about seventy prominent gentlemen from the Twenty-third and Twenty-fourth wards appeared yesterday before Judge Donohue, in Supreme Court, Chambers, to swear to # petition asking for the extension of rapid transit into these wards. Prominent ree bev gene tlemen were Messrs. Pierre and George Lorillard, Leonard W. Jerome and ex-Judge Tappan, the whole party being represented by Mr. Dudley Field as counsel. All the gent!emen swore jointly, with up- lifted hands, to their petition. It is understood that the petition will be forthwith presented to the Mayor, who in the petition and under the provisions of the Rapid Transit act is asked to appoint Commissioners to lay out the proposed route. MR. ERHARDT AND THE MAYOR, Mayor Cooper, Commissoner Echardt and a stenog- rapher, were closeted in the private offive of His Honor for a number of hours yesterddy afternoon and evening. It was after dark when the three gen- tlemen emerged from the room where the investi- gation was continued. No information whatever could be obtained in relation to what had taken place The determination to test the question whether the late deduction of twenty percent from the pay of members of the police force is legal or otherwise has finally taken the positive form of an application to the Supreme Court for a mandamus to compel the payment of the percentage withheld on the last pay on was made yesterday by ex- t Attorney bliss, on behalf of ptain Walsh and Patrolman Ede , in Supreme Court, Cham- bers. ‘The peremptory writ asked for was denied; but an order to show cause why the same shoul be granted was allowed and made returnable at half. t ten this morning, when the ease will come up for argument. Now that the initiastory steps have been taken in the matter it is said that the contest will be carried, if necessary, to the Court of Appeals fot final adjudication. 2 THE EXCISE COMMISSIONERS. When the case of The People va, Richard J, Morr son aud Philip Merkle, Excise Commissioners, against whom the Grand Jury recently found an in- dictinent for misdemeanor, was called in Part 1 of the Court of General Sessions yesterday, considerable in terest was evinved by the crowd of spectators. The charge against the Commissioners was that they had illegally granted a license to parties to sell liquor in astore in West Houston street. Since their indter ment the accused have been out on their own recog- nizances. Ex-Judge Dittenhoefer said he appeared for the de: uuts and that they pleaded not guilty, with leave to withdraw their plea at any time. Cow further intimated that he would shortly argue & motion to quash the indictment against them on the ground that it was detective. Judge Gildersleeve ob+ served that it was the custom, as he understood tt, to allow the defendants, in @ case ot this kind, to go on their own recognizances, and counsel said he tu. tended to mako an application to that effect, his clients being responsible gentlemen, holding public yositions of trust, and that there was no necessity to hold them in bail. ‘The Commissioners were ingly discharged on their own rr Inspector Dilk: wards, to Judge