The New York Herald Newspaper, March 12, 1879, Page 8

THE COURTS. Trust Funds Deposited with the City Chamberlain, A GERMAN BARONESS. Tmportant Decision on a Motion to Re- move an Executrix. Mr. John McClave, who at the commencement of fast year was appointed by the Supreme Court, Gen- eral Term, Judges “general adviser and appraiser” to the City Chamberlain in the matter of the investment of funds placed under orders of the Court in the hands of the Chamberlain, has just presented his first report to the Court. The report furnishes a list of the loans made and estimates in each case of the value of the security given. He states that these ap- praisements are made by methods of measure and Value acquired by practical experience and generally approved of by the ablest experts in the business of building as well asin that of realestate. In thi nexed district, where loans have been made, he s: he has deemed it injudicious to approve of more than about forty per cent of a low valua- tion, 80 to’ provide against assessments that may become liens on the property. He then adds that under the order of the Court the Chamber- Jain labors -under disadvantages to which other money lenders are not subject. They can loan in sums to applicants without any other Costs than dis- bursements, but he must iend to applicants who mumst pay all the costs and disbursements. The Chamberlain is therefore deprived of many excellent ‘opportunities for loaning money on bond and mort- guge. Many applications have been made to the Chamberlain for loans which he has been obliged to reject as not being incompliance with the rule. He adds that great injustice is inflicted upon innocent aud unfortunate people by the irregular, unfair and fraudulent manner in which foreclosure’ proceedings are conducted in this city, and he urges the consider- ation of the Court on that subject. TITLED DEFENDANTS SUED. A litigation of some magnitude is now in progress Mm the Court of Common Pleas, between Isaac Rosen- thal, a wealthy banker at Wiesbaden, Prussia, and the Baron and Baroness Von Roques, Mr. Rosenthal sues the titled defendants to recover over $13,000 on certain bills of exchange which he claims were made by Baron Adolf Von Roques, and indorsed by tho Baroness Caroline E, Von Roques. It being claimed that the defendants have property in this country the banker instructed his attorney to bring the suit. here. No answer was put in by the Baron, but the Baroness sets up a general denial, charging’ that the jhotes were never made by her husband nor indorsed by her. ‘The plaintiff’s attorneys attached cortain property in Fourteenth street alleged to belong to the Baroness, and on account of this attachment an- other suit has been begun by Annie D. Bennett, as trustee for the children of the Baroness, against Rosenthal and others, the plaintiff in the last suit claiming possession of the premises, in which she says the Baroness has no interest, and which, as she further states, is not subject to Rosenthal’s attach- ment. The matter came before Judge Larremore, in the Court of Common Pleas, on « motion on behalf of Rosenthal to compel the plaintiff in the second suit to file security for costs. Judge Larremore yes- terday denied this motion. In the first suit a com- mission has been issued to anumber of distinguished lawyers in Germany to examine witnesses as to the Jaws of Germany relating to bills of exchange. This commission Las not been yet returned. The trial, ‘which will take place soon, is expected to develop Rome novel questions in foreign commercial law, a8 also some curious facts, Messrs. J. & J. Lyons are attorneys for Rosenthal and Messrs. Roe & for the Baroness und Annie D. Bennett. THE BEAUMONT ESTATE, A decision was rendered yseterday by Surrogate Calvin on the motion to remove the executrix of the late John P. Beaumont, ‘The application is made by John P. Beaumont, Jr. He says his mother, who is the executrix, is incompetent and entirely controlled by her husband, Walter Campbell, whom she mar- ried in 1878, she being then sixty-seven years old. ‘He says, turther, that she has appointed her husband. administrator, and that a large part of the estate has deen converted to their own use. The executrix de- nies most of the allegations, but admits the mar-. Tiage and sale of securities. The son is the residuary Jegatee after the death of his mother. The Surrogate ‘holds that the provisions of the will give the wife au- thority to dispose of the property at her pleasure, and that the petitioner has no interest in the prop- erty, uor any right to interfere in respect to its pres- ervation or security. UNITED STATES INDICTMENTS. The United States Grand Jury in the Circuit Court made their final report yesterday morning present. Gng twelve additional indictments. The calen- dar will be called this morning before Judge Bene- ict, and includes the following cases:—De Borgne M. Bennett, mailing indecent matter; James Douglass, John Flood, stealing mail matter; Marin Bennett, passing counterfeit coin; Anton Moller, making false entries at the ‘Custom House (two indictments); Anthony de Grieff, Carl J. Triacca, Peter Schurmann and Hugh J, Begley, con- Spiracy (two indictments); John Brady, Matthew Srady, Patrick Brady aud Edward Sherlock, illicit distillers; Richard D, Barnes, attempting to pass counterfeit money; George 8. Woodman, mailing Prohibited matter; Henry Strauss, having a liquor ask ou which the brand had not been effaced; James Morris, forging s money order; Charles Rischer, using stamps a second time; Anthony. Diaz and Robert Levi, unstamped cigars; Jonas Wallack and illiam Ziexener, negieet to brand cigar boxes, and duis J. Wolters, unstamped snuff. PERILS OF THE PISTOL. The trial of Samuel F. Perry,.charged with shoot- Ing Charles H. Dorauss, alias Jack Strauss, at the paloon 1,307 Broadway on the 18th of January last, ‘was resumed yesterday before Judge Gildersieeve in the Court of General Sessions. James Peck, the pro- Prietor of the saloon, testified that Doranss was in- Aoxicated and angry when he came into the barroom ‘on the evening in question. Dorauss came to- ward Perry and his friends and asked fthem to drink, but only one of them accepted ‘he invitation; Doranss insisted that his glass of ale was stale, though it had only just been drawn. (Fresh ale was furnished him, ‘Two pistol shots were fived, and the witness, on turning around, saw ‘Dorauss fall to the ground. Perry and his com- Panions were then leaving the barroom. At ten o'clock on the evening of the 18th of January Dorauss aud a tall man entered the barroom. Near the bar ‘were Perry and some of his friends. The companion pt Doranss pointed a pistol at Perry, saying, “You ‘are one of Pinkerton’s men, you. I'll blow your head off.” One of Perry’s friends, named Sordau, wrenched the pistol out of the man’s hand, Witness the led out to Perry, “Sam, you'd better get out of here it you want to seve your life.” Perry ‘then went ont; Dorauss and his friend followed him. Soon after James Brown, a brother of the tall aman, came inand took the revoiver from Jordan. Just then Dorauss returned and asked Brown ‘to come in, which he did. Then the witness heard ‘@ pistol shot near the door of the barroom. In }reply to Mr. A. H. Purdy, who defended the pris- oner, the witness stated that Captain Williams sent ‘him word to appear in the Jefferson Market Police ©ourt. Police Surgeon F. Le Roy Batterice testified to the character of the wounds inflicted on Dorauss, which were slight, Captain Williams testified that he arrested Perry on'the 3d alt. He took a loaded-revolver from dim which, however, Perry said was not the one he had shot at Dorauss with. After Mr. Purdy’s opening William brown and Robert-Carroll corroborated the evidence ot Peck, the proprietor of the saloon, as to tie attack made upon Perry on the evening of the sth of Jann: Michael Hines, of No. 1,3¥9 Broad- way. testified that Perry ran into his estab- lishment at about ten o'clock on the evening ‘of the 8th of January,. Perry was very much excited and ran to the door. When he stepped on the sidewalk Dorauss and another man caught hold of him and the tormer “bucked” him with his head. Brown then pointed a revolver at, Porry and fired, the shot, however, missing its mark; then Perry ran away. " Frederick Paulling testified that he was in the barroom on the evening of the sth of Jenuary and heard Perry say to Dorauss that ho had come there to essasstate him, and that the Aatter replied, “Well, what if I*did?* Michael Cos- tello also corroborated this testimony. After the summing up by Assistant District Attorney Bell for the prosecution, and Mr. Purdy for the defence, Judge Giidersieove charged the jury, who, after an absence of two hours, found a verdict of guilty of Bault with intent todo bodily harm. Judge Gi Bloeve sentenced the prisoner to five yours in the Btato Prison. SUMMARY OF LAW CASES. . ‘The jury yosterduy, before Judge Speir, gave a Verdict for $1,975 75 for the plaintif in the suit of Robert H. Thompson against tho exceutors of the estate of David J, Ely. ‘The action was brought to recover $3,400 alleged to have been loaned on cer- tain worthless bonds issued by Roswell C. Peck, of was & youtry- arch (St. George's), and left an 4 million of dollars. A verdict was od against the estate in a sim ht time ago im the Court of ¢ and published at the time in the Hrnaty, gument in the Pinekney case, which was set r yesterday, before the Hupreme Court, Gen- era) Term, was adjourned over until to-morrow for NEW YORK HERALD, WEDNESDAY, MARCH 12, 1879,-TRIPLE_ SHEET. the convenience of Judge Pine! ’s counsel, who stated that im the limited time given him le had been unable to prepare his argument, Discharges in bankruptey were granted yesterday in the United States District Court, by Judge Choate, to J.H, Sherman and H. Harrison, A decision was rendered yesterday by United States Commissioner Lyman ‘in the case against James K.. Cosgrove, Chief Deputy Election Marshal in the Eighteenth Election district, charged with verifying @ false certificate as to the attendance of deputies under him, Further argument was heard trom Judge Dittenhoefer, counsel for the defendant, and Commissioner Lyman decided that Cosgrove gould not be held under this complaint, but might under another section of the Revised Statutes. Dis- trict Attorney Fiero said he woul! not move any amendment, as he did not think the case could be maintained in court. Commissioner Lyman then ordered the discharge of Mr. Cosgrove. COURT CALENDARS—THIS DAY. SuPREME Coun1—CHampens—Held by Judge Law- rence.—Nos, 73, 86, 91, 116, 183, 150, 194, 221, 224, 225, 228, 232, 234, 235, 240, 244, 247, 249, 254, 256, 258, 259, Supreme Court—(ixnzeat Txnm—Held by Pre- siding Judge Davis and Judges Brady and Inga! Nos. 157, 195, 142, 164, 197, 200g, 100, 101, 106, 111, 130, 138, 161, 162, 166, 171, 180, 183, 188, 189, 192)3, 194}g, 239, 96, 97, 98. SurpReME CountT—Spxcian Ternm—Held by Judge Van Lrunt.—Demurrer—No, 23, Law and fact—Nos. 891, 593, 835, 836, 917, 138, 79, 45, 900, 942, G44, 455, 9, 951, 952, 953, 954, 955, % 7, 958, 959, 61, 962, 968, 964, 965, 966, 967, 968, 96: Surneme Count—Cmcvit—Part 1—Held by Judge Daniels.—Nos. 4121, 186144, 2588, 2, 1956, 4255, 3259, 3277, 3278, 43@%, 2228, 18053, 2867, 2858, 3319, 3320, 3321, 2951, 2174, 2243, 942, Part 2—Held by Judge Barrett.—Case on, No. 4,177, White vs. Dry Dock, it River and haere? | Railroad Company. No aay calendar. Part 3—Held by Judge Donohue.—Nos, 2599, 2136, 1922, 3187, 3198, 3056, 9086, 4741, 3073, 1818, 2717, 2455, 8104, 124, 2141, 2773, 2189, 2886, 3215, 3310, 2472, 1128, 1261, 2973, 1905, 1907, 3292, 3333, 3338, 1292, 2850, 3150, 1876, S211, 1021, 3185, 3195, 3339, 3343, 3298, 3348, 3349, 8350, 3351, 3352, 3353, 3354, 3355, 3357, 2600, Surentor Courr—GENERAL TeRM—Held by Judges Sedgwick and Van Vorst.—Nos. 34, 36, 37, 42, 43, 11. Superior Court—Srecia, Team—Heid by Judge Freedman.—Case on, No. 29, New England Iron Company vs. Gilbert Elevated Railroad Company. No day calendar. Surerion Count—Triat Texm—Part 1—Held by Judge Speir.—Nos, 423, 529, , 403, 827, 1W1 42, 102, 106, 631, 607, 308, 576, 633, 619, 506, 325, 453, 593, 970. - Part 2.—Adjourned for the term. ComMMON PLEAs—GENERAL Tenm—Held by Chief Justice C. P. Daly and Judge Van Hoesen.—Nos. 26, 41, 42, 58, 28, 83, 20, 51, 5, 46, 57, 47, 48, 49, 62, 45, 30. ComMOoN PLEAs—SPKcut 'I'eRM—Held by Judge Lar- remore.—No. 7. Common PLeas—Equity Tenm.—Adjourned for the term. Cosmon Preas—TraL Terw—Part 1—Held’ by Judge J. F. Daly.—Nos. 925, 858, 960, 1022, 1964, 901, 880, 683, 967, 583, 984, 441, 975, 976, 978, 979, 122: 5 1% }, M17, S61, 98S, 1935, 971, 1025, 1497, 991,992, 2062. Part 2—Adjourned for the term, Manine Count—TniaL Tenm—Held Chief (08. 4713, 5506, 4895, 3177, 3178, 6021, 1987, 5427, 5373, 2998. 5456, Justice Alker. 5 52. 6530, » 5556, 5589, 4149, 515% 5414, 4238, 3: 5489, Part 3—Held by Judge Sheridan.—N 5343, 2643, 5280, 1026, 5243, 5571, 5573, 5574, 5576, > 55 1, 78, 5581, 5582, RE OF GENERAL Sxssions—Part 1—Held by Judge Gildersleeve.—The People vs. Cohen Davis, erjury; Same vs. Edward Whalen and John Shee- . burglary; Same vs. Philip Haffer, burglary; e vs. William Wilson, burglary; Same vs. Charles Heischaft, grand larceny; ue vs. Michael Mc- Carthy and William Gadis, grand larceny; Same vs, James Wilson, grand larceny; Same vs. George Read, grand larceny; Same vs. Michael Kehoe, grand lar- ceny; Same vs. John Tompkins, grand larceny; Same vs, John Nelson, grand larceny; Same vs. John H. Casey, grand larceny; Same vs. Emil Coblentz, for- gery;, Same vs. Michael Monahan, bigamy; Same vs. Lewis Marks, receiving stolen goods; Same ys. Emma May, disorderly house; Same vs. Philip Cuutlon, excise; 9 vs. Edward Herron, excise; Same vs. Felix McManus, excise; Same vs. Thomas H. Ferris, excise; Same vs. John Linderman, excise; Same vs. William Kretch, excise; Same vs. Jay K. Stoat, excise; Same vs. Hugh McManus, excise; Same vs. John Lorrigan, excise; Same vs, Patrick Quinn, excise; Same vs. Carl Dien, excise; Same vs. Emma 8. Stocks, excise; Same vs. John McCartly, excise; Same vs. Felix Donnelly, excise; Same vs. John Roach, misdemeanor, Part 2—Held by Judge R. B. Cowing.—The People vs. George Smith, burglary ; 6 V8. James: in, burglary; Same burglary; Same gcaenetyy Dillon, ys. Simon Rosenthal, grand larceny ; Same vs. William O'Brien, grand larceny; Same vs. William Baker, forgery; Same George Anderson, larceny from the person; Same vs. Max Heckhaus, receiving stolen goods; Same vs. Brutus Konty, receiving stolen goods; Same vs. Aaron Weinberg, receiving stolen goods; Same vs. Charles J. Abrahams, talse pretences; Same vs. Charles A. Hausen, disorderly house; Same vs. Julia De Vanloo, excise; Same vs. Solomon No- toski, misdemeano) MANHATTAN SAVINGS BANK. BESUMPTION OF BUSINESS TO-DAY—AN ORDER FROM JUDGE LAWRENCE REMOVING THE IN- JUNCTION. The Manhatian Savings Bank closed October 28, the day after it was robbed, and to-day it will resume business after an enforced suspension of over four months. Though closed against public business, its officers all along through this interval of idleness had a busy time of it, or, as Secretary Alvord, of the bank, expressed it yesterday, the ‘‘busiest idle time’” they ever had. They are now in an ineffably serene mood of mind, from President Schell down to the janitor. They lost much valuable time, it is true, and suffered immeasurable worry, but, they feel 80 solid and set up again that they entirely forget the dreary memories of their period of suspension, At a meeting of the Finance Committee of the bank on Monday the following preamble and resolutions were adopted :— Whereas at a necting of this committee held on Decem- der 20, 1878, a resolution was adopted requesting the Su- perintendont of the Banking Department und the Attorney General to take such nctio extend the time of tect their int rocoedings were had by the Attorne; R Superintendent of + Benking his institution was rostrained fr ing sich payments to depositors until the question of procuring ull the registerod Londs which had been stolen, ther original or duplicate, should be settled; aud where: by an act of Congress duplicate Londs of the United States have boen issued in place of those stolen from the institution, $1,200,000 of which du- licates sion of the institution, 1g held by the Treasurer of thé United States in trast for the institution, and the Legisla- ture of the State of New York having also authorized the Comptroller of the city of New York to issue auplientes of tho stolen bonds of the city of New York, all of which have been received and are now in possession of the institution, 4 a duplicate bond of the State of New York having also: en issued in place of the one stolen and which duplicate ts also in possession of the institution, and ft boing further shown by & statement submitied by the officers of the cor dition of the institution, as of the 7th of March inst., ther ns over the amount due depository of, rotor Superintondont of the Banking De- partment and the Attorney General of te be ro- duosted to take such procoedings as may be necessury to Femove the said injunetion by which the institution is re- strainod from paying its depositors and from the trausac- tion of its business. In compliance with this request Mr. Lamb, State Superintendent of Banks, had an interview with At- torney-General Schoonmaker and showed him the balance sheet of the bank, displaying a surplus of $76,000, which was convincing evidence enough that the institution was in a fosition to pay all its depos- itors on demand, ‘Lhe Attorney General then applied to the Supreme Court and Judge Lawrence granted an order as follow: It appearing satisfactorily by examination made by Hon, H. L. Laub, Superintendent of the Bunk Department, thut the defendan jo Manhattan Savings Institution—is i Romension of ail te rexistered United tates State of New pal Dopart- ‘om make nim ei ly be removed and this action discount aud the Fegular businoss of the institution rorumed, it is hereby stipniated that au ordor may"be entared vacating the in- discontinuing this order, and tion be permitted to resume its business. President Schell was delighted when he saw the order, and his face was for « considerable time after wreathed insmiles. He said he was ready to resume business at any time when the injunction was re- moved. He did not apprehend any rush of deposit- ors after the doors are open, but there will be con- siderable business atter so long a rest; yet everything was insuch admirable order that he thought they could discharge more business in a given time than almost any bank in the city. ‘The doors will be open from ten A. M. till four THE KNICKERBOCKER LIFE, New Yorx, March 11, 1879, To tue Eprror or THm Hensuy:— In your issue of the 4th inst. { notice my namo, associated with another, in connection with the Knickerbocker Life Insurance Company, and charged with laving beon engaged, as stated, in perpetrating he most stupendous frauds y the history of while connected with that company. dis were illegally lonned and fraudulently nd when Mr. Nichols became its president aimost 4 hopeless wreck,” &e. Now, sir, in jus- to myself, I feel called upon to state the charges ualifiedly false and inspired by malicious motives cowardice on the part of those who are quilty of misdemeanor, In support of my ¢ tion I desire hereby to challenge # thorough and im- purtial examination of all my oMicial acts in connec- tion with that compeny from the date of its organi- zation in 1853 untilthe time of my retirement in isi2. I started the company in 1553 with a capital of $100,000, When I retired in i872 the present manage. ment adverts tl sets about $4,000,000, with over $600,000 surplus, and reported to the Insw Department $3,000,000 income. It is now seven years: since J retired, and all the assets found in that com- pany are about $6,000,000 at this time. ERASTUS LYMAN. nee THE MORAN ESTATE, HOW THE TRUSTEE 18 SAID TO HAVE ADMINIB- TERED THE TRUST—BENEFICIARIES STARVING. Complaints against trustees of estates are becom- ing alarmingly frequent in the courts, Very rarely, however, is a case presented in this category ot liti- gation developing @ more curious stace of facts than in the proceedings just terminated on a motion to re- move Forsyth Labagh as trustee of tho estate of Robert H. Moran. Following the motion for Mr. Labagh’s removal was the appointment of Fisher A, Baker as referee by Judge Barrett, of the Supreme Court. There were forty-nine hearings before the referee, the testimony taken being very voluminous. The testimony showed that Rob- ert H, Moran died on July 24, 1842, leaving supviving him four children—Robert Moran, Edward Moran, Mrs. Margaret A. Hyde and Mrs. Sarah A. Strect—and Teal estate valued at some $60,000, comprising three houses and lots in this city—Nos. 17 Rector street, 12 West street and 18 Washington street—and two lots in Brooklyn, The average income of the property, after deducting taxes and interest on a mortgage, has been about $4,000, which, according to the pro- visions of the will, was to have been paid to the four children. . COMPLAINTS BY THE BENEFICIARIES, ‘The nature of the complaints against the trustee is best shown in the testimony, ‘The following, for in- stance, is a portion of the testimony of Mrs. Hyde, one of the daughters, which fully explains itsel?:— Q. Are you a widow? A, Iam. Q. How long have you been a widow? A. Since 1964, and I have three children to support. Q. How old are they? A. Seventeen, sixteen and nineteen. Q. Have you any regular trade or business or pro- fession? A. No; lam at home occupied with the care of my family: they being so young require my care, Q. Please ite what your circumstances are— whether you have any income except what you re- ceive from your fathcr’s estate? A. I only have a small pension from the government. Q. How much is that? A. 'wenty dollars a month; on that I support my three children and myself. Q. Do you know Forsyth Labagh, the trustee? A. I am well acquainted with him; I have known him since I was five years old. Q. May Task you how old you are? A. Iam forty, gentlemen. Q. Did you ever state to him what your circum- stances were and your necessities for money? A. I often pleaded with him tor money and went there when I was near to starvation with my children. Q. In oraer to get along have you been obliged to borrow money from your friends? A, I haye been obliged to borrow from every friend, and I have parted with every trinket I had—those endeared by association trom my husband, and so on, putting pride aside; Lam starving now; I had nothing but ary bread for my breakfist this morning; though 1 have been sick Ihave been unable to procure 4 physician. The testimony of Edward Moran, one of the sons of the deceased, is of equally startling character. The following is a portion of his evidence:— Q. How many chi have you? A. ‘Ten living. Q. What is your business? A. 1am # mechanical ineer, ). Please state what your circumstagces have been during the past tive or six years, and whether they have been such that you really needed the mcome from this estate? A. I have been so or times that my family have lived on Indian meal and salt for three days, and thousands of dollars due me from Mr. Labagh, in my judgment. Mrs. Street, the other daughter, testified that is the widow of Judge Street; that she now live: Council Bluffs and has three children dependent on her for support. The following question and answer isan epitome of her complaint Q. we you adequate means of support? A. No, sir; Lam very much embarrassed and involved from my not having recvived any income; I have had none from the estate for over two years. Robert Moran, the other son, recites his ineffectual efforts to obtain the money claimed to be due him from the estate. He finally threatencd to bring a suit, when he was told he would get all the law he wanted and nothing more. It was on his petition that the present proceedings for Mr. Labagh’s re- moval as trustee were instituted. His story shows that he was only kept from starvation through the Kindness of friends who loaned him money. MR. LABAGH’S DEFENCE, In his testimony Mr. Labagh undertook to defend his action as trustee. The following isa sample of his evidence, from which it will be seen that he did not make a very good showing for himself ;— Q. Do you recollect what the income of the estate was in 1570? A. No, I do not. Q. Do you recollect about what it was? A. No, sir. Q. It was more than you had to pay out, wasn’t it? A. Idon’t know even that, sir. OTHER, CHARGES, ‘The accusations againgt Mr. Labagh do not all ap- pear in the above recital. The most serious charge ‘was drunkenness, and incompetency on this account to properly administer the estate. All the benefi- ciaries under the will charged him with rudeness, at times amounting almost to personal violence. They say that his invariable excuse, when he ventured to give one for not giving them money, was that tho estate was in arrears to him, and that nearly all the money they did receive from him was through or- ders of the court. MR. LABAGH’S ROMOVAL, ‘The testimony taken before the referee was sub- mitted to Judge Lawrence, and upon the evidence thus laid before him he yesterday ited an order directing the removal of Mr. Labagh as trustee and appointing Mr. James D. Fish in his place. THE VANDERBILT SUITS. + Thé matter of settling the orders to remove the ex- ecutors of Commodore Vanderbilt’s will, as also to compel them to file an inventory, was before Surro- gate Calvin yesterday, A copy of the proposed order of settlement was handed up by each side. The Sur- te held that the motions to remove the executors to compel an inventory should be disminsed, ,it having appeared that the executors had set apart $200,000 in United States bonds in trust ter Cornelius J. Some discussion ensued as to the form of the order, Mr. Lord stating that he would rather have the bonds remain where they are than to have them de- posited in a trust company. Tne ge order ‘was finally approved by Mr. Lord an . Clinton, and tho former is to serve the order on Mr: Clinton on Thursday, and Mr. Clinton has leave to submit any amendments on Saturday morning. THE GREAT IRON CONTRACT. The trial of the suit brought by the New Engiand Iron Company against the Gilbert Elevated Railroad Company to recover $4,000,000 for an alleged breach of contract to construct the Sixth avenue “L’’ road was resumed yesterday before Judge Freedman in the Superior Court, Special Term. The plaintifis recalled Edwin R. Wiggin, former. dircetor of the New England Company, to prove affirmatively that the trustees of the plaintiffs in insolvency after the \pani¢ of 1873 held the shops, rolling mills and ma- chinery for several years so as to enable them to carry out the contract with the defendant, and while the ‘same were so held the works were from time to time, on short leases. Ex-Judge Porter, in the course of the cross-examination of the wit- ness, remarked that Wigyin, being both # director and trustee of the New Lngiand Company, was not in a position whereby, through him, any contract could be made with the New England Company, nor could any conveyance of the contract be made by the trustees buck to the company, aud that the contract made by that compauy to its trustees in insolvency in the first instance was a subletting within the terms of the contract and, being done without thecon- sent of the defendants, was invalid. On motion of Ashbel Green the complaint was dismissed as against the Loan and Improvement Company, and the plain- tits having rested their case the further hearing ‘was adjourned until Thursday next, at which time # motion will be made to dismiss the complaint against the Gilbert Company. GENERAL SMITH TO THE MAYOR. The following communication has been sent to the Mayor by General Smith :— New York Hon. Epwarp Coorsn, Meyer of the City yw York — Str—I lately received from you # copy of the minutes of & conversation between you and Mr, Joel B. Erhardt, Tun- ratund from your ren poles, that you have reg 8 e it formation ¢ quent! as you roof that speak of the conversation between rdt in the following words :—"My wo have wasted & youd deal of Hime, and wiven the stenographer the work of putting down # good doal that will seem to anybody that roads It 4s being very absurd.” To the correctness of T think every one who reads the minutes m RETURNED EXHIBITS. An office was opened yesterday morning in rogm 38 of the Post Ofice Building, by ex-Governor Richard McCormick, late Commissioner General to the Paris Exhibition, for the purpose of. iy in- formation to those persons who have exhibited their wares at the grand fair in the French capital, regard- ing the transportation of their goods from France and the distr m of unsold exhibits, ‘The United States authorities have detailed the Supply and Coustitution to carry the goods free of charge to the storeship in tho harbor at Havre, ‘Tha metehant ship Trimountain will assist the two government ships. From there the owners wiil have to defray all necessary expenses of transportation, Governor McCormick also proposes to assist ex hibitors in passing their property through the New York Custom House as speedily as possible. The Supply and Trimountain may be looked for some time next week, but the Constitution will not wrrive for six weeks yet, THE GREAT TEST CASE. Has Congress the Power to Make Legal Tender of Paper Money? VIEWS OF PROMINENT ‘JURISTS. A Majority of Them Answer the Question Negatively. AHenatp reporter yesterday called upon several legal gentlemen of prominence to obtain their views in regard to the legal tender test case to be brought before the United States Supreme Court, as agreed upon between General Butleg and Representative 8. B. Chittenden, of Brooklyn, Mr. David Dudldy Field was found at his private office in Pine street and readily conversed on the subject. “Has Congress the constitutional right, in your opinion, Mr. Field, to make paper money legal tender in time of peace?’ asked the writer. “No, it has not,” was the reply. RerorreR—Do you think that a case made up in the manner suggested by Messrs, Chittenden and Butler will readily command the attention of the Su- preme Court of the United States? Mr. Frxnp—The New York Code provided in 1848 that parties to a question in difference might agree upon a case and present it to a court for adjudica- tion, The section bearing on this you can copy for yourself. Here it is:— Parttes to a question in difference which might he th subject of a civil action may, without action, agree upon & euse containing tho facts upon which the controversy de- pends and present a submission of the same to any court which would have jurisdiction if the action hai boon brought. But it must appeur by aifidavit that the contro- vorsy is reul and tho proceeding in good faith to determine the rights of the parties, ‘Tho Court shal thereupon hear and determine the cayo at a General Term and render judg- ment thereon as lon were depending. i POSSIBLE DIFFICULTIES. “You will observe,” continued Mr. Field, “that it must appear by affidavit that the ‘proceeding is in good faith to determine the rights*of the parties.’ If such a case is brought before the courts in this State, and s judgment upon appoal is given by the Court of Appeals, that can be brought before the Supreme Court of the United States. That Court decided some years ago in # Rochester case, which went up from this State, that it should be heard by the Supreme Court, notwithstanding that the objec- tion was taken that it was not a real suit. The difficulty, if there be any in the prosent case, lies in this, that the parties may not be able to make an affidavit that the controversy is real. In the present state of the currency it would be rather the sub- mission of an abstract question of law than a matter of any pecuniary interest, for the greenback being now equal to gold it cannot be of any real interest to anybody whether he has the one or the other. Theretore I do not answer without qualification your question whether an agreed case can be taken tu the Supreme Court of the United States.” m—Is it not best for the weltare-of the whole country to have this bone of contention re- moved from the ficld of politics ? THE QUESTION REOPENED. Mr. Freup—No doubt it is a matter of great im- ortance; but the courts will hardly undertake to oiaa abstract political questions. They are con- stituted to decide contentions between parties, snd it they see or suspect that there is any collusion they will didmiss the case. You must remember, also, that the question was out of politics once by & solemn decision of the Supreme Court declaring that Congress had not the power to make governmevt notes a legal tender for debts, and that this decision ‘was reopened by General Grant iar two new judges on bench an his Attorney General, Mr. floar, going into the court and iisisting upon a freargument of the ques- tion. If that had not been done the country would have been saved the agitation respecting the Power of Congress to authoring logal tender notes. It should dever be forgotten that the distraction of our politics on this subject, since the time when the Supreme Court decided that Congress could not make government paper a tender for any debt, have arisen trom those acts of President Grant and his Attorney General. In saying this I wish to bo understood as making no reflection upon either of the two judges thus put into the Court, for I wish roe i express great respect for them; but the act of Executive in contriving to upset thing after the question had been elaborately co: red and authoritatively decided must be condemnod by every lover of the or- derly administration of justice and the tranquillity of the country. LAWSER KNOX's VIEWS. Mr. Henzy E. Knox, of the law firm of Fullerton, Knox & Crosby, in reply to the reporter's question as to whether he thought the Supreme Court would take cognizance of the proposed case, said, “Only if he had a real case.” ‘Do you think Congress has-the power to make legal tenders of paper money in time of peace?” “At first blush,” said Mr. Knox, “I would say that Congress has no such power; but I cannot express an opinion, as I have not looked into the matter. I am in favor, however, of having this troublesome question settled forever, aud that ut the earliest practicable moment.” A JUDGE WHO MUST KEEP SILENT. One of the judges of the United States Court readily granted the reporter an interview at his chambers in the new Post Office, and said that if the case brought by General Buller and Congressman Chittenden were not a fictitious one the Supreme Court would readily adjudicate upon it. “But I don’t want name quoted in connection with this matter,” he Revorter—Do you think that Congress has really the power to make legal tender of paper money? The JupGk—I must decline to answer that ques- tion, as the matter may come up befoxe me in my official capacity. él INTERVIEW WITH MR, VANDERPOEL. Referring to the legal tender test case about to be made up, Mr. Asron J. V: poe! said:—*‘It is not different from any case made up for our New York courts and submitted to them for adjudication. I suppose it will be inthe form of an ordinary law- suit, and that the lawyers will beforehand agree upon the facts.” Kizrvontkx—Do you think that Congress has the power to inake legal tender of paper money? Mr. VaxpkrrorL—I don’t think it has the right to doit. Ihave always looked at the constitutional side of the question, and don’t think that the tound- ers of the government ever coptemplated anything to be a legal tender bg og Rated oy ben of the opinion that — right to “coin” money out of silver and gold, but not to “make” it out of anything that ig handy, as General Butler holds. And yet there may be another question in connection with this metter, which is whether the government can assume such additional power or not. That may change my views upon the subject, but as yet 1 have not heard of it. NERD NOT GO 70 THE STATE Counrs. Revorrer—Are you in favor ot having the ques- tion adjudicated upon? Mr. Vanpenrort—I was very glad when I saw that it would be presented to the court of highest resort. It ovght to be got rid of and driven out of polities before the next Presidential election. There is no necessity for going before our State courts first with this case, The suit can be brought by acitizen of New Jeracy against a citizen of New York—it can be taken at once if need be betore Judge Biatchford—but if not, it certainly can be brought to the United states Cireuit Court, which willbe in session in this city in June, and either Judge Strong or the Chief Jus tice will then preside. By writ of error it can be taken at once trom the Circuit Court to the Supreme Court of the United States. They have power there to advance it on the calendar, as they ure in the habit of doing with every other case of importance. ‘The case can be reached in Washington during the fall term, probably as early as October of this year. INTERVIVW WITH SECRETARY EVARTS’ PARTNER, Mr. Joseph H. Choate, law partner of Secretary of State Evarts, when questioned in regard to the test case, expressed the opinion that Mr. Chitteriden and Gei fictitious, but @ real "to be had?” said. Sir, or anybody ing $6,000 as ao debt tenders - backs for that debt and pays it in court, the party to whom the ogg can his no money; say, if he so ag “t this is no legal tender; I want gold.’ Now, it is of no use to say thata mancan go around the corner and get the gold for greonbacks; so you can for New York Central Kailrowd abares, but still that don’t constitute them a tender. The moment # party to accept the $5,000 in greenbacks, in pay- ment of a debt duo him, that moment there is « case ot which the courts must take cogniMnce.”’ + “Do you think the decision of this case by the Supreme Court will stop tinkering with the currency question?’ “Nota bit of it, Tho same thing has been de cided before by the Supreme Court, first one way, then another, It did not stop the agitation of the currency question either in or outside of Congress, Politicians live and thrive by agitating just sttch westions, — and this matter is decided by the highest Court members of Con- gress will flad some other phase of the question and tinker at that, No legal decision ever interferes with the desires of politicians; and as It is agood subject to come before the Court, and should be legally, at disposed of.” 1“, Choate, what is your opinion about tho ft Congress to make legal tender of paper judied the question, aud never give #n opinion unless I haye curefully looked into the matter, and 1 do not look into such subjects until they come before me professionally. All I can say is this, that so tar as I understand the case of Chittenden and Butler, it will have to be brought in the Circuit Court of the United States and then car- ried up. There is no necessity for the case being brought first in the State courts.” INTERVIEW WITH CHILE JUSTION DAL ¥. The , Chiet Justice Charles P. Daly, taking relief for » | 62 7th st., on Thursday, few minutes from his laborious duties in the Court of Common Pleas, listened kindly to the question- ings of the Hrnaup reporter, aud then said:— ~ “As far Oe 4 impression goes, Messrs. Butler and Chittenden will endeavor to get up # real case b; which this legal~tender ganas will be test and the Supreme Court of the United States will take proper cognizance of it. Of course, it is not to be expected that ablo men these will bring a fictitious case, for the Court would not listen to them a single minute. Besides, it strikes ae, it will not be diffeult for these gentlemen to get ‘up an excellent case.” “What is your-opinion, Judge, as to the constitu. tional right of Congress to make legal tender of paper money?” “T can only tell you this, that during the civil war, when the very existence of the Uniou and constitu- tion was in danger, the constitutional aspect of this question was of no great and immediate importange. It was then the duty of Con, , of the Executive and of ull co-ordinate branches of the government to save the nation, That duty was paramount and all other questions taded into almost nothing- ness compared to this. Icould not see at the time how the life of the nation could have been saved+ without Congress assuming the power it then exercised not only to coin, but to meke or create money for the nation. I well remember how some ciinent friends of mine, among others the late Mr. Verplanck, told mo rey aly that all this was unconstitutional; “but I maintained all the time that while tho very life of the constitu- tion was being assailed extra constitutional measures were necessary, ‘This, however, was for a time of war. Now, if you ask mo if Congress has the same constitutional right in a timé of pro- found peace, I must Le d right short and decline to answer the question. dare not give an opinion ‘unless prin pore oman before me judicially in proper shape, an ‘act this very case you speak fon nk come before me at the very outset of the liti- ation,” “Aside of the legal bearing of this question, do hee think it proper that a final decision should be had in regard to u matter which appears to be an apple of great political discord?” “The currency question should never have been permittel to enter into political discussions at all. Now .that it has becn introduced and promises to stay there, notwithstanding the great laws of trade which regulate such matters, I do hope that the Supreme Court will make an end of it, by disposing of it for once and forever. It is ridiculous to say that such a decision of the Supreme Court will have no effect upon politics or upon Con- ress, It will by its vory decision make it a dead issue, and politicians are the very last to run after dead horses. I am old enough to remember how similar decisions rendered by the Sapreae Court have lifted heretofore vital questions bodily out of the arena of politics and squelched them for- ever, So will it be with the legal tender question when once this test case is disposed of.” KESHER SHEL BARZEL. The third session of the Convention of the Jewish Order of Kesher Shel Barzel was held yesterday in Pythagoras Hall, and the disonssion continued on the report of the Committee on Law. Several amend- ments to the constitution were adopted, including the separation of the Iebekah lodges from the Su- preme Lodge and denying them representation here- after. Representation by proxies was abolished, The time for holding the Convention was changed from three to five years. ‘At one o’clock thirty-five carriagos were in waiti and conveyed the delegates to the Home of Aged an Infirm Hebrews, the Hebrew Orphan Asylum (whore the children sang and delivered recitations, and oer wero made), Mount Sinai Hospital, the oung Men’s Hebrew Association rooms, the ride concluding with a drive through Central Park as far as Macomb’s Dam and back. e Visitors left about 3500 at each of the Hebrew benevolent institutions. In the evening the delegates were entertained at a banquet given in their honor by,the District No. 1 lodge of this city at Pyt! ras Hall. About one hundred and fifty guests sat down at the well pro- vided tables. Isidor Lindeman presided. A long list of toasts was read, and responses given in five minute hes, The Mayor of Wilmington, N. C., 8. M. Fishblate, responded for the “Old North State,” and M. W. Platzek, of New York, for “Our Country.” Professor Davis’ orchestra furnished the music, To-day the Convention will proceed to the election of officers. PRODUCE EXCHANGE, The provision trade of the Produce Exchange met yesterday and adopted the following amend- ments to the rules:—Rule 1 was so amonded as to \e for a settli: ice to be made by the person bs ducting the ealtPand to take place at the end of tho third “call.” Rule 2 was amended so as to provide tor margins called before twelve o'clock must be put up before three o'clock on the samo day, and margins called after twelve o'clock must be But up betone, eleven o’clock of the next day. In case of failure to deposit the party calling the ins shall have the right to cover his contract at discretion for the account of the party failing to respond to the call of the mar- Silce may roatire a dogoais to beet Rp, ot the Be may ire & 3 nae to five per cent. oft the transac- BOARD OF HEALTH, At the meeting of the Health Board yesterday a letter was read from bouis J. Pluss, of No. 172.Fulton street, com) pening of the basement of mar school No. st which he stated was flooded with water. Dr. W. H. B. Post, who investigated the matter, reported that the cellar was damp, the rooms ill-lighted and ventilated and subject to various con- ditions prejudicial to health. The case was referred to the Board of Education. A letter from H. Bowlby Wilson complaining of the insufficient supply of Croton water in the Twen- reneone ward was said by Sanitary Superintendent y to be well timed, as at this season of the year the district thereabouts suffers from that grievance to # very appreciable extent. The matter was referred to the ing Department. ——_ +> +—___ MARRIAGES “AND. DEATHS, ENGAGED, Hywax—Jort.—Hesny Hyman to Brnrtaa Jox., both of New York. ri RavachkoLb—Coay.—Mr. Jacop Ravecnxons ‘Miss Sana Cons, both of this city. No cards, DIED. Barry.—On Tuesday, March 11, 1879, Exten Banny, a native of Killarney, county Kerry, Lreland, aged 91 years. Funeral takes place Tht » March 13, 1879, from her residence, 9 Vandewater st., at half-past two o'clock P. M. Relatives and friends are respectfully invited to attend, Beattiz.—On Sunday, March 9, Matvixa, beloved wife of Jas, H. Beattie and only daughter of Wm. C. and Mary Burnistou. Funeral at late residence, 152 6th av., near St. John’s place, Brooklyn, on Wednesday, March 12, at ten o'clock. Relatives and friends invited. Inter- ment at Woodlawn, Beoiey.-—On Tuesday, March 11, ELLEN C., wife of Michael L. Begley. Notice of funeral hereatter. Beaa.—Tuesday, March 11, 1879, Masi E. Beaa, second daughter of P, ¥, and &. D. Begg. Particulars hereafter. Boaanpvs.—March 10, 1879, Frepenrox of apoplexy, aged 7 years, 11 months, 15 days, Funeral from his late residence, 48 East ‘Thursday, March 13, oe one. Bonsky.—On Monday, March 10, 1879, Reancca, the beloved wife of W. J. Bonsey and daughter of the lute W. N. Peckins, of Torquay, Devonshire, England, “tfelativen and feiende of the family aro respect ives an lends of the family are ‘al invite? to attend the funeral, trom her tenes se 291 1st st., South Brooklyn, on Thursday, March 13, at two o'clock P. M. Broren.—On Monday, March 10, 1879, Karr: Baosex, wife of John Brosen, in her Sist year, Relatives and friends of the faniily are respectfully invited to attend funeral, from her late residence, No, 408 Wost 56th st, on V , 12th inat., at one o'clock P. M. Bunnovers.—At Jersey City, March 10, Svaax C., wite ot T. D. Burroughs and daughter of the late Kev. Joseph Harley, Gaxry.—On March 10, Mary Canry, cose yee. Pw to take place Wednesday, 12, at eleven o'clock, from her late residence, 64 Broome gt benny} xy la are invited to attend it, ereon (N. 3.) papers please copy. CuexvEns.—On Monday, Maroh 10, 1879, ANN Jaxn, 56 years and 6 months. Relatives and friends of the family are respectfally invited to attend the funeral, from her late residence, ya Wth st.,on Wednesday, March 12, at one 4th at, 2 of scarlet over, on Tuesday, — 11, Manx, daughter of Thomas B. and Fannie Ez. 5 Private interment. Consrprne.— On Tuesaday, Marc. 11, 1879, Jon Con- SIDINR, in the YUth year of his age. 1e neral, resi 2 yess a te inst., at two o’clock P. M. whe XI yn, on March 10, nexus poe coed of Hannah pony a George it, Cox, og years. Funeral services at No. 636 Fulton st., dn Wodnes- a ee — *. q i Naval Lopox, No, 69, ¥. ax A. M.— Bnoturns—You are hereby summoned to assemble ut Clinton Room, Masonic Temple, on Wodnesday, March 12, at half-past twolvo P.M. sharp, for the Buxpose of atte the funeral of our Brother xlwand De Lacy, By order, D. W. NEWMON, W. M. T. J, M. Knyns, Secrotary, Drumovy,—Tuesday, March 11, Caragrins Den- mopy, wite of James Dermody, aged 30 years. Funeral to take place Thursday, March 13, at two o'clock, from hor iste residence, 685 Greenwich st Rolatives and friends invited, Dopp.—In Brooklyn, March 11, suddenly, ELLE, beloved wife of Samuel Dodd, in the 27th year of her ago. Relatives and friends are reapectt invited to at- tend her funeral, on ‘Thursday, March, 13, from her late residence, 75 Taylor st., Brooklyn, E. D. EXLERs.—On Tuesday morning, Mareh 11, after a short illness, Junie ERLERS, pine of funeral will take place from her late residence, the 18th, at two P, M. Exxrorr.—On Tuesday, March 11, Ropesr G., in- bt 8. Funeral Rae, te pepe gs ot hie bn ae hag od torney at., ured “past latives and friends are 4 invited to atten Fosrex.—On Monday, March 10, Ro Fostex, youngest son of Henry G. and Rachel Foster, aged 2 POET a. aos: slants nent © ny 628 West 52d st.,on Wednesday, March- Test . M. Gepyrx.—At Nyack, on Tuesday, March 1, A. E,, wife of RB. L, Bey A bs Relatives and friends of the family are invited to attend the funeral, {rom her late residence, on Thursday, March 13, at if-past twelve o'clock, ‘Train leaves foot Chambers st, at 9:45 A. M. Girrinc.—At Eatontown, N. J., March 11, 1879, Sa- RAH Entny, daughter of W. H. Gifting, aged 25 years, ‘The relatives and friends of the family are invited to attend the funeral, ou ‘Ehursday, the 13th inst., from the West ‘'wenty-third . Street . Presbyterian Church, near 7th ay,, at balf-past two o'clock. GurvoyLe.—In Brooklyn, on Monday, the 10th inst., Joun Guitvox.e, beloved husband of Teresa OThalalives Sad friends 9 ves and friends of the family, also the mem- bers of Constitution Club, are invited to attend the funeral, from his late residence, 180 High st., Brook- lyn; the remains will be taken to St. James’ Cathe- dral, ou Thursday, March 13, at nine A. M., beponent solemn requiem mass will be offered tor the re] of his sonl; thence to Holy Cross Cemetery, Flat- ‘t.—On Monday, ih 10, 11 wife of Patrick Hart, in the 45th year of her age. ane elatives and friends are respectfully invited to attend the faneral, from her late residence, 106 Mott st., on Wednesday, March 12, at two o'clock. Horcux1ss.—Iu Plainfield, N.J.,on the 9th inst, Honacx Horcnxtss, in his 80th a. Funeral services from his late residence, in Plain- fisld, Wednesday, March 12, at ten A. M. Horcukiss.—On Monday, March 10, Many E., oa taps of the late Clark B. Hotchkiss, of Auburn, ‘Relatives and friends are respectfully invited to attend the funeral services ut hor late reeidence, No. son . Brooklyn, on fodnesday, 12, at threo o'clock P.M.» JacKson.—At her residence, 139 Sullivan st., on Monday, March 10, ot consumption, Mrs. SaMUnL G. Jackson, aged 28 years. Funeral will take place on Wednesday, March 12, at one P, M, Jupan.—On Tuesday, March 11, Mrmiam, widow of 8. W. Judah and daughter of the late Seixas Nathan. Funera iwill take place from her late residence, 683 5th av., on Friday morning, at ten o'clock, It is kindly requested that no flowers bo sent, Kir.—In this city, Tuesday morning, lth inst., CorNkLIA Osraom, wifo of Kev. Isauc L. Kip. Funeral services at Peekskill, on ‘Thurday morn- ing, at half-past ten o'clock. Interment on Friday, st Stockport, Columbia county. Kier.—On Monday, at his residence, 188 Wooster st., CHARLES KLEIN, & native of Germany, aged 48 years. i Rolatives and frionds of the family are respectful! invited to attend his funeral, from the pend church on 6th av., corner 15th ‘st.,on Wednesday at one P. M., thence to Danbury, Conn., for interment. Lyncu.—On Sunday, March 9, after a short and severe illness, MaTHEW LyNcuH, a native of county Cavan, Ireland, aged 56. years, : The relatives and friends of the family are respect- fully invited to attend the funeral, from his late resi- dence, 741 Washington st.,on Wednesday, the 12th inst., at one o'clock. HMAN.—Cucsday evening, March 11, Harry F., only child of Newman R. and Josephine Marsh- man, aged 6 years. Funeral from Second Baptist Church, 111th st., be og Lexington and 3a Thursday, at one o'clock. Mrrz.—On Monday evening, KaTaerinr Macpa- LENE lee li only daughter of Albert and Julia Motz, aged 8 years. Soa dg Posy sacg Lye be held ~ Sheremyots ae nts, ‘an ipen Heights, Wodnosday, 12th inet., four P. < if MoRRELL.—At Nyt N. Y., on Sunday, the 9th inst., Miss Jutia MonRExu, aged 86. Relatives and friends are invited to attend the funeral, from her lato residence, on Wednesday, the 12th, at onc P.M. ‘Train.leaves Jersey City 9:45 A. M.; return, leaves Nyack 3 P. M. - Newburg please Ss 8 Moons.—At Newtown, L, I., Monday, March 10, rb Corne.ivs Luysten Moors, in the 64th year of sage. * Funeral at 8t. James’ Church, Newtown, Wednes- day, 12th inst., at three P.M. Trains leave Thirty- fourth street ferry at 2:15 P. M. Mutry.—Monday, March 10, Longerro youngest daughter of James and Eliza Mulry. Relatives and friends are invited to attend the fu- neral, this (Wedu ) afternoon, at two o'clock, from her parents’ residence, 309 East 12th st, McCantHy.—On Monday, March 10, after a long ill- ness, DANIEL McCanrsy, in the 50th year of his Relatives and friends of the family are respec! iy invited to attend the funeral, from his late residence, 221 Ryerson st., Brooklyn, on Wednesday, March 12, ‘at two o'clock, sharp. bs McCartuy.—Suddenly, on Monday, March _ 10, Many Exten, beloved daughter of Denis and Mar- garet McCarthy, in the 18th year of her age. a nein Aisle need tend her funeral, from o Parents, No. 11 Monroe st., at one P. M.,on We March 12, thence to Calvary Cometery for interment. » Norwoop.—On Tuesday morning, Maroh 11, AN- DREW G. Nonwoon, aged 66 years. Relatives and friends of the family are ty ort to attend the funeral, at his late residence, No. 236 ‘West 14th st.,on Thursday afternoon, 13th inat., at three o'clock. It is requested that no flowers be sent. O’Nem.—On Monday, March 10, Manraa A., daugh- ter of Patrick H. poy te Ann O'Neil, aged 4 years, 3 months and 25 Relatives and friends are invited to attend the fu- nergl, on Wednesday, March 12, at one o'clock, from ‘the residence of her parents, No. 38 2d st. PeARSALL.—On ‘Tuesday, March 11, Mary Jane, be- loved wife cf John H, Pearsall, aged 36 years. Relatives and friends of the family are respectfully invited tp attend tho funeral, from her late residence, 144 Mangia at.,on Thursday, 13th inst., at half-past one o'clock. PurcELL.—On Tuesday morning, March 11, at his pea residence, 206 East 62d st., Dr. Jamus J. CELL, in the 36th Faved of his age. Fics, af eleven o'clock A. M., on Thursday, 12th Rurp.—At Belfast, Ireland, Fe! 1, after a lo: foriuetly of New vor. illness, Gzonex C. Rew, second sou of ‘Maris aud "he late Chsclon Robinson: 1 iio, Evecne, Philadelphia and Cincinnati papers please copy. ScuoonMakER.—At Flatbush, L. L, on Monday, 10th inst., Mary A., widow of J. V. Schoonmaker, aged 78 yoars. fu reget thi Foghorn i? Thmedey, mn services, at her nce, On iy “13th inst., at two o’clock P, M. Scuurr.—G. H. Scuurt, son of Henry and Meta Schutt, aged 17 months. Relatives and also members of United Brother Lodge, 356, F. & A. M., are requested to at- tend the funeral, from the residence ot his 5 Oth av., corner of 100th st., to-day, at Smirax.—On Tuesday morning, March 11, Marr Exizapers, wife of the late A. T. Smithe, Relatives and friends aro respectfully invited to attend the funeral services, at her late residence, B34 West 23d st,, Wednesday afternoon, March 12, at half-past four o'clock. Satru.—On Monday, March 10, SrerHen Surru, son of the late Stephen Smith, Funeral from the residence of his uncle, John Di- 238 East 14th st. this (Wednesday) afternoon, at ‘Tuxisz.—On Monday morning, after 4 lingerin, illness, Huanterra C., wife of John Theiaz, ran | 66th yoar of her ge. Relatives and friends of the family, alao theGerman Ladies’ Aid Society and St. Markus Ladies’ Society are respectfully invited to attend the funeral, from hor late residence, 331 East 9th st., on Wednesday, * at one P. M. It is requested that no flowers sent. ‘Trost.—Monday, March 10, at his residence, 129 East 116th at., GARTANO Thott, in the 69th year of his 6. Relatives and friends of the peasy are respectfully invited to uttend the funoral, from his late residence, Fg terran hey wie baie fl March 1 ‘nusseLL.—In Brooklyn, on & Avevsta TRUSKELL, widow of the late Richard Relatives and friends of the family are res invited to attend the funeral, trom her prog f dence, No. 432 Vanderbilt av., Brooklyn, ou Thura- y, March 13, at eleven o'clock A.M. ‘ax Voonuts.-On Tuésday March 11, Camuanine AL, beloved wife ot O. W. Van Voorhis, aged 59 years, Relatives and friends are invited to attend the funeral services, at her late residence, 41 Kast 129th st., corner of Madison av., on Thursday, 13th inst., at seven o’clock P, M. Vrarianck.—At Mount Gulian, Fishkill, on tho Hudson, March 10, 1879, Marr Hoparr, widow of Bomuel 'Verplanck ‘and daughter of the late Right weSinoral sorviogs will be eld at St Luke's Cured, servi ‘a Chure! Matteawan, on Thursday, March 13, at two P. M. Poy will be wt the Fishkill station on arrival of the 11 A. M. train from New York. « ‘Wanp.—On Monday, March 10, 1870, Parnick WARD, native of Athboy, county Meath, Ireland. Belatiyes and friends are invited to attend the fu- neral, from his late residence, No, 420 West 13th st., fag omc March no Ba o'clock P. M. 2, VeXTKHVEGE.—On sunday evening, March 9, 1879, after o short illness, AARON J. WksTkRVRLT, 80 0} the late Jacob A. Weatervelt. Relatives and friends are invited to attend the funeral services, on Wednesday, the 12th inst., at eleven A. M,, from his late 63 West 48th st. ‘The members of the Firon Ball Committee are roquested to attend the funeral of their late asso- ciate, Aaron J, Westervelt, on Wednesday, 12th inst., at cloven A. M., from his tate , No. 68 West 4sth st. By order JAMES ¥. WENMAN, JAMES CAMMNON, Secretary, President. EMEN.—The imomberw siation are hereby notified to moot at No. 63 West 48th st. this (Wednesday) morning, at eleven o'clock, for the purpose of paying the ‘out tribute of respect to member, a ‘Weatervelt, FRANCIS HAGADORN, F. 8. Wootr.—On Monday, March 10, Monnis ‘WooLy, the 70th year of his age. S Relatives and friends are res} invited to attend the funeral, from his late residence, No. 106 ednesday, Maro 1%, at balt-oass East 57th st., on We nine A. M, ’ v w