The New York Herald Newspaper, March 29, 1879, Page 9

‘THE COURTS. Decision on Appeal by the Supreme Court, General Term. QUESTION OF JURISDICTION. Suits Growing Out of the Great 4 Bond Street Fire. The Supreme Court, General Term, yesterday handed down a number of important decisions of eases argued principally during the present term of the Court. Among these decisions was one in the suit brought by General Winfield S. Hancock against the proprietors of the St. Cloud Hotel, General Hancock, with his family, were boarding at the St. Cloud Hotel, kept by George W. Rand and others, under an arrangement fixing the price of a¢vom- modations during his stay upon the understanding that he would remain at the hotel until the + following summer, unless sooner ‘“‘or- dered away on military duty.” It was claimed on behalf of the hotel proprictors that in viewof this understanding the prices agreed upon were less than those charged transient guests, During the General's stay at the hotel his rooms were entered and robbed of property amounting in value to about $3,500, Suit was commenced by General Hancock against Mr. Rand and his partners to recover this amount, and was referred to Horatio J. Averill to hear and determine all issues. Tho roferee, while finding all the facts substantially in favor of the plaintiff, held as a question of law that the relation of landlord and guest did not exist between. the parties, because of the special contract in relation to time of stay and price of accommodations, An appeal was taken to the General Term and was ued in January last. In its decision yesterday the Gen- eral Term reverses the decision of the referee, and holds in effect that the defendants were not relieved from their common law liability, because of the special agrecmem® all to haye been made between og plaintiff und defendants, Judge Ingalls in giving this decision of the rt, after an claborate review of the leading cases, says:—‘Although the decisions have not been unitorm upon the question whether fixing in advance the price to be paid and the dura- tion of the stay of the visitor at a hotel has the effect constitute guch person & mere boarder or lodger and to deprive such vis- itor of the character of eet yet our ex- amination of the subject has to the conclusion that regarding hotels as they are now conducted and patronized such an arrangement does not necessa- ily hayo the effect to prevent the relation of inn- Keeper and guest and the obligations which attach thereto. The case was argued by General W. 8. Mc- Mahon for General Hancock and by Mr. 8. W. Ful- lerton for the defendants. The case is important in this view that it settles a disputed question as to the rights of guests at hotels, which has been frequently before the courts, and has been decided in various ways in this State. The case will no doubt be taken to the Court of Appeals.’ Another important decision was the one given in the suit brought by Krederick P. James against James A. Cowing and the New York Elevated Railroad Company. First mortgage bonds of the West Side and Yonkers Elevated Railroad ‘Sompane were fore- cl , Mr. Cowing, a8 trustee of the bondholders, lhaving bought in the property for $700,000, the un- derstanding being that he was to hold the same for @ new com y to be organized by the bond- holders. ‘I! plaintifY owned $22,500 worth of these bonds, Subsoquentiy the franchise was sold to the New York jevated Railroad Com- pany for $100,000. Mr. James brought suit both ‘ayuinst Cowing and the Elevated Company. Judge Larremore, betore whom the case was tried, decided that Cowing went beyond his trust in selling to an utside company, and that he was therefore liable to due plaintitis for the amount of the latters’ shares; but he held that the New York Elevated Railroad Company had a clear title and were not liable, The General Term yesterday affirmed Judge Larremore’s decision as to Cowing, but reversed it as to the rail- road company, holding that it, knowing of the trust ‘at the time o! Mg pprchase, ‘was eq) Mable with ing. The Court also gave a decision in the suit of Fel- lows & Noonsn against the city. The plaintiff sued to recover an aileged balance due upon a contract under which the plaintity Noonan constrhc: let sewer in Eleventh avenue and Twenty-third strect. ‘The defendants sought to deduct interest . pon advances made to the contractor from the sev- eral dates of advance to the dute ot the confirmation of assessment. ‘The plaintifis conceded that interest should be charged, but contended that the computation should be carried only to the date ot the completion and acceptance of the work. The amount involved in the diflerence of computa- tion was $3,000. At the trial before Judge Larro- more the deendant’s position was supported by the decision of the Court, whiéh the General Term now Judge Brady delivorod the opinion, Other poiuts were also involved in the decision in favor of the city, but none of «uch consequence as this, which applies to.ull contracts made prior to the pas- sage of chapter 630 of the Laws of 1872. Mr. John H. Strahan represented the plaintiffs end Francis Lynd: Btetson the city. . Among the other decisions of more general inter- est was that in the suit of Abel Wheaton against Jacob Voorhis, Jr. The suit was on a $50,000 mort- ge je foreclosure, the defence bei usury, Mr. eaton told E, W, Willett, cashie? of the Bull's Hoad Bank, that he had money to loan, and the lat- ter brought to him the defendant, which was fol- lowed by the $5,000 ee tclaw teean ot’ It is ¥ bonus, of which id to the plaintiff's attorneys for exam- ining the title, $2,125 to the plaintiff and $1,250 to Willett, In the court below a verdict was given for pew plaintiff. This judgment the General Term now MARINE OCOURL JURISDICTION. An appeal, involving the jurisdiction of the Marine Court and the right of that Court to continue an action against the executor of a deceased party, came onfor argument yesterday at the General Term of the Supreme Court, before Judges Davis, Brady and It appears that Robert Bell and others sued Mrs. Hasard in the Marine Court in 1874. The case ‘was twice tried, the second trial resulting in a vor- dict for the defendant. ‘The plaintiff appealed to the Goneral Term of tho Marine Court, and the judg- ment was reversed and a new trial ordered. At the time of the argument of the last appeal Mrs, Hasard, the detendant, was living, but between the time of the argument and the announcement of the decision of reversal she died. The order ot reversal wos entered March 38, 1878, and the action whs on March 26, 1878, revived and continued by order against €. C. » 48 executor of the estate of decea: ‘The executor then applied to the Supreme Court tor a writ of ibition to restrain the Marine Court from taking further cognizance or vxercisivg further jurisdiction in the action on account of the death of Mrs. Haeard., Tho writ was grinted at Special Term, and from the order tiny it the ap- peal was taken. It was contended tor the applicants, mong other points, that the case as prescuted to dudge McAdam, tn the Marine Court, was a per one for revival, that the Court had power to con- tinue the action, afd that if by any strained constrne- tion of the new Code the powet to continue actions in that court was taken away such taking away must be confined to actions commenced after the new Code went into offect, and not to actions like th nt one, comtnenced long before its adoption; ‘shar ‘fare ther, that instead of breaking up by prohibition the established practice of a Court of Iecord for thirty years, the relator Egan should be turned over to the More orderly and ordinary remedy by appeal in the Marine Court. ‘The respondent urged that the Court had not the power to continue the actién against the cxecutor, and that the writ of hibition was properly ranted, The Court took the papets and reserved its decision. Mr. C. C. Egan, executor, a) in person, and ex-Judge Clark and Edward Jacobs for the Marine Court. @ THE BOND STREET FIRE, Judge Shipman yosterday rendored in the United Btates Cireuit Court, in this city, an elaborate opin- fon in the case of Robbins & Apploton against the Firemon’s Fund Insurance Company, in which he fenies the mnotion of tho defendant for a new trial snd orders judgment for the plaintiff on the verdict for $4,508. Jndge Pratt, in tho case of Rob- bins & Appleton againet the Columbia Fire Insurance Company, also filed 4 decision in the Supreme Court denyi a mo- tiom for a new trial made by the defendant in that caso, The companies contended that they wero not liable to contribnte to the ioas of tho American Watch Company, for whom Robbins & Appleton were the agents. Justice Shipman, in hix opinion, holds that the inetirance was lo insurance and that the defondant must contribute to the lors of the American Watch Company, ‘Ihe loss was sustained by tho great Bond strevt fire, in 1877, Messrs. Abbott & Fatlon etal for tho plaintiffs and Mossrs, Cott & Winslow tor the dotendants, FORGING A MONSY ORDER. In tho caso of James Morris, recently convicted in tho United States Cireait Court of having forged an indorsement upon a Post Office money order with intent to defraud ©, M. Cady, his counsel, It, W. Backett, moved an arrest of judgment, on the ground that, inasmuch as the indictment charged the intent to have been to defraud ©. M. y, no offenon against the United States was stated. Jndge Benedict yesterday rendered a decision ‘deny. ing tho motion, “JE the United states,” says = .| the: | what was of grout value, |. the latter suit he directed NEW YORK HE RALD, SATURDAY, MARCH 29, 1879,—-TRIPLE SHEET, Senetiel: sas. poner to. ines Posh Ind has not been donbted— it has, as anincident to that power, authority to rotect such orders sain fraud. It would there- fore be competent for Congress to make it an offence against the United States to forge a money, order whether done with or without intent to defraud. In United States vs. Kierwin (Baldwin, 377) it is said that an indictinent for forging an order upon the Bank of the United Staies, with intent to defraud a a. person, would lie in the courts of the United states. "* PENDER, THE EARRING ROBBER. ‘The latest phase of the case of David Pender, who is now undergoing a twenty years’ term of imprison- ment in the State Prison under the sentence imposed by Judge Gildersleeve for robbing Mrs. De Bary, in Fifth avenne, of her diamond earring, came to light in Supreme Conrt, Chambers, yesterday, when application was made by Mr. William F, Howe, Pender’s counsel, for a writ of error to remove the ease to the May General Term of the Supreme Court. The error books were at once served on Assistant District Attorney Bell, who conducted the case for the people, and the point on which Mr. Howe seeks to set aside the conviction of the accused is that one of the jurors who wus on the panel of the Jury which convicted the prisoner had rendered himself incompetent to serve by reason of his hav- ing formed an opinion of the case‘ fronmy accounts read in the newspapers. SUMMARY OF LAW CASES. Discharges in bankruptcy were granted yesterday in the United States Circuit Court by Judge Choate to B. Goodkind & Co., Louis J, Phillips and J. F. Darrow. The argument set down for yesterday in Supreme Court, Chambers, to confirm the rep¢gt of ex-Judge Barbour, the referee in the Cooper-Marshall suit, ‘was postponed till next Tuesday, ‘The Grand Jury yesterday found several indict- ments against keepers of disorderly houses, Among those handed in were bills against Daniel Kerrigan and William Gilsheimer, proprietors of “The Strand,” a resort on Sixth avenue near Thirty-first street. The accused will appear in the District At- torney’s office to-day. i An indictment has been presented by the Grand Jury against Patrolman John J. McUarty, of the Fourth precinct, arrested a few days ago on a charge of attempting to commit an outrageous assault on a girl fourteen years old, The accused will be ar- raigned in the Court of General Sessions on Monday. Samuel F. Perry, who was recently sentenced in the Court of General Sessions to four years’ im- aap get on a charge of shooting Charles H. orian, says that on the 11th inst. a bill of excep- tions was granted in the case, and, no action having been taken since, he now asks to be discharged on bail, Judge Donohue yesterday granted a writ of habeas corpus, and the case will come up this morn- oe for a hearing in Supreme Court, Chambers. ‘he suit on trial for the past five days before Judge Daniels, in Supreme Court, Cireuit, brought by Alexander W. F. Douglas against the Dry Dock and Kast Broadway Railroad Company for $10,000 damages, for injuries alleged to Rave been sustained by being thrown off the front platform of acar of the company from the jar in crossing a switch, was concluded yesterday, a verdict being given ior the defendants. Messrs. Chauncey Shatfer and J. H. Y. Arnold appeared tor the plaintiff, and Mossrs. Rob- inson and Scribner for the defendants. Ernest Nerdhardt, a hatter, stole a gold watch from a fellow boarder named Richard Daab, a barber on Seventh avenue, and was convicted in the Court of General Sessions on Wednesclay last. In response to Judge Cowing the prisoner, in order to obtain a light sentence, stated that he had never before been in fen for any offence. Assistant District Attorney ussell, evidently doubting his statement, had tho prisoner rem: |, and yesterday produced witnesses to show that he had been incarcerated in the Peniten- tiury for grand larceny. In view gf this fact Judge Cowing sent him to the Siate Prisofl for four yoars. Judge Lawrence yesterday appointed Rufus I’. An- drews referee in the suit for divorce, on the ground of alleged adultery, brought by Eliza Hirch against her husband, Herman Hirch. The parties were married in this city on July 21, 1869. The same Judge also yesterday directed a reference to P. M. Leonard in the suit for diyorce brought by Sarah A. Kellogg against her husband, Edward J. Kellogg. In yment meantime of $15 a week to the plaintiff and $250 counsel fee, Before Judge Speir there was tried, yesterday, the suit of Patrick Littlewood against the city. The ac- tion was to recover $5,000 on account of injuries sustained through the defendant’s truck falling into a mauvhole in Water street, whereby his collar bone was broken, The hag on a verdict for $2,500 for the plaintiff. Mr. E. D. McCartney appeared for the plaintiff and Mr. Miller for the city, In the Adelphi explosion case, which has been on trial all the week, before ' Judge Barrett, holding 8u- reme Court, Circuit, the proceedings opened yoster- by a lengthy and vigorous yp meng fe by Mr. Lote? pe Fine, on behalf of James nard, the plaintiff, who sues to recover $5,000 eR OL ac- count of the death of his sister through the explo- sion. He spoke two hours @nd 4 haif, and was fol- lowed by Mr. Dennis McMahon, counsel of the Co- lumbia Steam Navigation Company, the defendant. Mr, McMahon argued the case of his client with be vigor, consuming nearly three hours in his dress. Judge Barrett gave a very clear and suc- cinct charge, and, it being late when the proceedings in court terminated, he instructed the jury to bring 4n a sealed verdict this morning. COURT OF APPEALS. ALpany, March 28, 1879, In the Court of Appeals, Friday, March 23, 1879, Present, Hon. Sanford E. Church, Chief Justice, and associates :— No. 141. John McManus, dent, vs. Michael Gavin, appellant.—Argued by George Hitl for appel- Jant and William Allan for respondent. No. 287. William Sehermerhorn, respondent, vs. Charles Devlin, appeliant.—Argued by John L. Cad- wallader for appellcos and submitted tor respondent. No. 92. William G. Merrill, Jr., 2ppellant, vs. Luke W. Thomas et ul., respondents. rmed by default. No, 28, Thomas W. Herscy et. al., respondents, vs. pagiinad P: saan Sheriff, &c., appellants.—Aftirmed Mio, aa. George P. Kingsbury et al., respondents, vs, Micheel Kerwan, appellant.—Argued “by Thomas bis) sama for appellant and Albert Gallop for respond- ent . CALENDAR. The following is the day calendar for Monday, = 31, 1879:—Nog. 143, 145, 148, 150, 151, 162, 154, pt HURLEY, FURLEY AND SWEENY. Oar MP Officer Campbell, of the Twenty-first precinct, a fow days ago made scomplaint of ‘issault and bat- tory, at the Fifty-seventh Street Court, against John Hurley, Joseph Furley aud Thomas Sweeny. The case came up for trial at the Special Sessions yester- day. Officer Campbell swore that Iurley was creat- ing a disturbance, and when he went to arrest him Sweeny and Furley joincd in an attack on him, threw him to the ground and beat him about the head and body. The three escaped at the time, but were ar- rested on the following day, Sweeny yesterday de- nied all knowledge of tho affair,*and said he was in bed two hours before the | alteged asaanit, which statement was corroborated by mem- bers of his family. Furloy stated that he was at tho American Theatre at the Of the alieged assault, and produced witnesses to corroborate his statemen: OMicer Campbell was recalled:—He said he was posi- tive that Sweeny, Hurley and Furley were the men who made the attack on him. Thomas Sweeny then came forward, and his pcrgen | was a genuine sure prise to the officer, if not to the Court. He freely Officer Campbell, but said that neither Hurley or Purley had anything to do with it nor were present. Hurley and Furley were «is- charged and Sweeny was committed to the Peniten- tiary for six months on his plea of guilty, MORE COUNIERFEITERS ARRESTED, ‘The attention of the officers of the Secret Service Division for some weeks past has been dirvcted to the dealers in counterfeit silvor coin in this city, and on Wednesday evening Captain Curtis and detec- tives Gilkerson, Blackwood and Brooks arrested Frederick Holt and Foster Hogeboom in the very act of passing counterfeit dimes. When brought before Commissioner Denel esterday — Holt waived examination and was held to await the action the Grand Jary. Hogeboom wil ‘bo brought for examination to-day. Ca tain Curtis & descent upon the rooms of the accused, and there found an assortment of moulds for ten and twenty-five cent pieces still unused, and at the samo time, quantities of acids ond materials necessary to givo color and weight to the coin, Holt isa young man, well educated and of good Appearance. He claims to be a son of Colonel ‘homas Holt, a wealthy capitalist of San Francisco, Cal. and when a had a number of letters of introduction to inent persons in this city. Hogeboom is said by the offteers to be an old offender. ROBBERY ON STATEN ISLAND. Tho Richmond county police are making vigilant efforts to discover a clow to the thieves who entered the residence of Mr, Frank Elliott, on Clinton ay- nue, New, Brighton, on Tuesday night last. The property carried off by the thieves was valued at about $1,000, consisting of six handsome watchos and a costly necklace, One of the watches taken was very highly prized by Mr, Elitott, it bein trom the late Victor Emmanuel, King of Italy Me hinott had presented to the King @ collection of an stuffed birds, and was in turn presonted with the wateh, the back of which was richly inlaid with poaris and diamonds, ‘he robbery was committed some time betweon six and seven o'clock, while the family was at dinner, and is supposed to huve been the work of “professionals” trom this city, fro: fet that thoy carriod nothing with them but confessed attackin, ‘THE “L” ROAD ACCIDENT, 4 PRESENTMENT OF THE GRAND JURY DE- NOUNCING THE MANAGEMENT OF THE COM- PANY AS NEGLIGENT AND INEFFICIENT. Before being discharged for the March term yes- terday the Grand Jury handed in a presentment to the Court of General Sessions, setting forth that the recent collision on the New York Elevated Railroad showed “gross negligence aid inefliciency in the Management and operation of the read in not having provided proper and sufficient safeguards, signals and attendance ‘for the prevention of collisions.” There should and must be, the presentment went on to state, such precautionary measures taken to pre- vent the possibility of collision at every point where the main road intersects its branches, or the branch lines must be discontinued. The people desire rapid transit, but not at the constant and imminent risk of life and limb. The Grand Jury feel confident that the evils complained of unnecessary aud may and ought to be remedied. They therefore cen- sure the New York Elevated Railroad Company for its inefficiency, mismanagement and gross negli- genee, and call upon the managers and require them immediately to take such measures to prevent the ssibility of a like collision in the tuture. The rand Jury also feel it to be their duty to call upon and require the company and all other railroad com- pees similarly gprs asa matter of public wel- fare, to take such measures as will render it impos- sible for collisions to occur at points where tracks may intersect those of other roads, LONG HOURS, HARD WORK AND LITTLE PAY COMPLAINED OF BY EMPLOYES, To THe Epiror or THE HERALD:— A few words from the many employés of the New. York Elevated Railroad at this time may not be out of place, as we find the company, of course, shifts the responsibility of the late accident on our heads And discharges several good men, among them one‘or more who have been with the company since the east side road opened. However, we as a body say that if they are to blame by all means discharge them, but give them a fair tnd im- partial hearing and do not let the innocent suffer for the guilty. And let us seo who are the guilty, not among the employés, but the officers of the road. But as we cannot try them we wish the public would do so for us and decide whero the fault lies, .To give the public a little in- sight into the workings of this road we will com- mence with the one to whom the public and the company look for the safety of lives—namely, the enginecr, On him everything devolves; and we will say that the company has the best lot of engineers that can be found, both as to capability and character, being all old surface railroad men and from the best railroads in the United States. But let us ask how the officers uso them. In the first placo they sre required to t for duty at six A. M.and remain until relieved by their night relief at half-past six or seven P. M. that time rad make from six to seven round trips to Harlem, maki om Sagern vices stops each way, or 350 in a day’s work, and handling three levers—the brake, throttle and reverse—twice to each stop, or, during the day, 700 times, and often more than that by stopping between stations and at junctions. For this we receive $3—a very few of us $3 ir day. When the company hires an engineer it informs him that he must work three months for $3 aday on trial, and at the end of that time, if he suits, they will give him $3 50 per day. But his threo months seem never to be up—at least most of the men bave been running twengy and twenty-five weeks and no sign of their promised payor reduc- tion of hours, When anything is said to the officers about it they are dumb and know nothing about it. The hours of labor the company demand of the men are too long, and no men can stand it for any length of time. Three-quarters of the engincers and firemen are troubled with their kidneys from riding, and the wear on their nervous systems is fast. telling on all of them by the constant care and watchfulness they must maintain while on duty, When they leave their engines at night they are completely tired out, and seek their rest as fast ‘ag possible, About three wecks ago the engineers held a meeting for the purpose of hearing the views of all inreference to the way in which the company was using the men, and it was decided to present to the officers in writing the resolutions that had been assed by both day and night reliefs. They asked the company for a reduction of hours, a uniform rate of and also to impose no more fines such as they had imposed on some of the men, by making tbem work nd not paying them {for their services for such time; also for necessary accommodations, ‘These few tavors were all they wished, It was de- cided by ballot to have a committee of five wait on the officers of the road and receive their answer. This they did, but the officers have not thought the inatter worth their notice, and as yet we have heard nothing from them, and doubt if we ever will, s9 far as the prosent officers are concerned. Now, let us ask what is tho result of this indifference of the of- ficers to the engineers and other employés. Why, there i not aman (except some understrapper of & boss) who is not always on the look out for # chance elsewhere, and is only keeping his sent ition ‘to put food in his month save his family from want. All are dissatisfied and working from com- ulsion. Now, what can the company expeot if it Beeps on using men as slaves, and not trying to have their employés take an interest in their work and remain with them? This they can never do by working them long hours for small wages, .Wedo not ask for high wages—only fair psy and reason- able hours for the care of tho thousands of lives we daily -have in our hanls. Now, how does a company expect mo accidents when it will not look to the welfare and ‘comfort of its ee ars an@ try in all ways to work in bar mony and not against each other as they now do. The engineers and firemen ore to have one more meeting, at which they will decide what course to pursue—whether to continue to work, as they are now doing, long hours, over time, with no extra allowance and different rates of pay, or all to leave on a certain date. By this we do not mean to strike, but, as if we were one man, to leave the company’s employ and look for better positions. In reference to the late accident at Forty-second street, it is what every employé has been looking for- ward to forsome time past. Not exactly in the way thi¢ happened, but by mounting one of these so called saiety switches. They may be all right for a horse car, but whon you place them on a steam road they are of uo use, as they are too fine on the point and Mable when the flange of the engine strikes them to break, Should they do so, there is nothing to save a train from going in the streot. The point an on- gine’s wheel strikes is not three-sixteenths of an inch thick. Of course this is steel, but it is liable at any tine to be broken off by a passing train. Should one of them do so it would be impossible for the engi- neer ot the next train to know it. Who would to blame in this case? Of course the engineer and firemen, and without a hearing Mr. Cyrus W. Field would order their discharge. He would state to the public thatvhe had given «li concerned a hearing, and concluded to dismiss them from the company’s ser- vice. So the engineer and fireman woulda go for not seeing this piece broken from the switch, But who would responsible for the loss of life, the engineer or the company that made uso of such trail switches ? We hope, for our own safety and that of the travelling public, that such an accident as this may never happen; but it is liable to occur at any time. All we Wish to see is employers and employed working in harmony with the feeling that our services are ap] . But this will never be until the company reduces the hours of lebor and allows a fair compensation for such. We can tell better what we will do ot our next meeting. We will ask for three shifts to an ongine, eight Lours-each, and 9 uniform rate of pay. It this is not granted in all probability we will deci to leave the service of the company, and as all the summer roads will engage their men very soon we will not neod to remain idle very long. MANY OF THE ENGINEERS, STREET CAR LICENSES,- IMPORTANT DECISION BY THER SUPREME COURT, GENERAL TERM. ‘Tho General Term of the Supreme Court yesterday handed down its decision reversing the Judgment of the Court below in the suit brought by the city against the Broadway and Seventh Avenue Railroad Company. This was an action to recover $60 an- nually foreach two-horse car and $26 annually for each one-horse car run by the road, and was one of a series of suits brought against all the rail- road companies not now paying these fees, Tho General Term, in the course of its opinion, says that by the chartor of the defendants it was ject to the payment to the city with the samo license annually for each car rum thereon as is now paid by other city railroads in said city.’’ ‘The Court holds that as the defendant accepted its charter with this burden it cannot now object that it was illegal, At the time the charter was granted thore was an ordinance of the city in force to the effect that evory passenger car rua below 125th street should pay $50 — year, excepting tho one-horse cara, which should pay $25 annually for the license, and that the license should be aflixed in some conspicuots place ih the car; and that for every car tim without such license a penalty of $25 should be recover by tho Corporation Attorney. This ordinance, the Court holds, remained in full force and vigor as against the defendant and all other stroet railroads who are required either by Legisia- tive grant or power or by contract with the city to pay such license, and “in all such cases a contract springs out of the charter or instrument creating the corporation that it will pay license, which the com- pany is noither at liberty to repu nor refuse to perform, : It was contended in behalf of the defendant, upon the argument, that the statute’ was yotd for uncer. tainty, for the reason that some pert entre for instance, the Second and Third Avenuo—-paid no He conse ot gil, “Tho Sixth and Eighth avenues $50 and the Ninth Avenue only $20. Upon this tae Vourt saysi—'Lhore is no ambiguity im the ay int len. guage the char@r itself, It is quite manifest that the Legislature, in ites” the amount of the license at the amount then paid by other city railroads had not in view railroads which were not liable and therefore did not pay any license at all.” The words “as now paid by other city railroads” must have reference to those roads whieh were actually then paying. As to the ques- tion whether the amount to be paid-is the $50, as paid by the Sixth and hth avenue railroads, or the $20, as paid by the Ninth avenue road, that question, says the Court, depends upon whether the gislature must regarded as intending the amounts then fixed by city ordinances or the amount which had been specialty fixed in a oe case by the Legislature itself. They old further that the language used by the Legis- lature, being in the plural, seems to exctnde the idea that it intended that the defendant should pay a sum fixed bya special charter in any one perticular in- stance. “It meant,” as the opinion says, “to sub- ject the defendant to the general rule affecting all other like railroads then subject to such rule.” The Court, theret decides that the defendant is sub- ject to the payment of the $50 per car, and sends the ~— anal oy new seer Mr. WSNinem Ge EDT, ‘ounsel to the Corporation, appe; r the plain- ct tiff, and Mossrs. Jonn M, Se’ ir, wad B, Ran- dolph Robinson tor the defendant. COMMISSIONER DAVENPORT. CHARGES OF MALFEASANCE IN OFFICE FILED AGAINST HIM IN THE UNITED STATES CIR- CUIT .COURT—WHAT MR. DAVENPORT SAYS. Tho investigation of the recent Congressional com- mittee into the action of John I. Dawenport, Chief Supervisor of Elections, at the last elestion, has been followed much sooner than was expected by charges looking to his removal, both as United States Com- missioner and as Chief Supervisor of Elections for the Southern District of New York. The charges allege malfeasance in office in the disclarge of his . judicial functions as United States Commissioner and arbitrary and improper conduct as Chief Supe visor of Elections. Charges to this effect were filed yesterday before Judgo Blatchford, in; the United States Circuit Court, on whiclr/ an order was issued allowing Mr. Davenport twenty days in which to file an answer to the charges and specifications. The papers in the case were pre-,| pared by E. Ellery Anderson and George W. Wingate, the Tammany counsel at the last election and also for the committee during the recent investigation... ‘Tho papers were served upon Mr. Davenport yester- day in District Attorney Phelps’ office by Frederick | S. Hart.’ He received the order without surprise, , merely remarking, “All right, sir; I am here, give: me the papers.” ‘The charges and ‘specifications are Dased upon the acts the - accused at and immediately prior to the elec- tion in issuing werrants against ‘3OD8 alleged to have been wrongfully naturalized e Supreme and Superior courts in this district in 1863, and arresting the same. The petition is signed by Peter Coleman, whose case was made @ test case in December last before Judge Blate)aford; Patrick Whalen, who was arrested and imprisoned on election day, and seventeen others who were ar- rested and imprisoned at the same time, There are two charges and sixty-eight specifications agairmt the defendant as a United States Commissioner, arvl one charge and four specifications aguinst him os Chief Supervisor of Eleciions. The first charge is for mal- feasance in office—in that he caused to be prepared and verified in November over three thousand com- plaints for alleged violations of the naturalization, election and registration laws, and that such action on his part was not intended to secure the punishment of the persons so complained ot, but tor the purpose of preventing such persomefrom voting at the then ensuing general election; that on these complaints he iss warrants and had them executed by special marshals and supervisors of election; that ue caused such warrants as were not executed on election day to be returned to hiro, and has not since caused them to be exeonted. Tie seo- ond charge alleges improper and arbitrary use of his rs aso United States Commissioner in issuing ‘warrants without proper or probable causerand ar- resting and imprisoning persons thereon. The-sharges and specifications enumerate the various acts com- plained of. To these charges and specifications the defendant has twenty days to answer. READY FOR TRIAL, To the inquiry of a HemaLp reporter a8 to what his action would be in the matter of the above stated charges against hiny Mr. Davenport said it-would not take him twenty days to file an answer to the charges; that if it were not for the fact that-he would 10 to Washington to-day he would have his answer led forthwith, and would be ready to ——_ in court, waiving ‘the other eighteen days, on Monday morning next. He said he did not want twenty days to answer such charges and specifications as these. In any event, whether he goes to Washingion or not, his answer will be filed in a few days, aud as soon as filed he will be ready to answer. EMILY GRAHAM, last DE. BOWEN DESCRIBES THE WOMAN'S TREAT- MENT ON BLACKWELL'S ISLAND—CHARGES AGAINST THE ASYLUM DENIED. Dr. James M, Duncan, ot No, 102 Columbia street, officially informed Sanitary Superintondent Day, on Thursday afternoon, of the death of Emily Graham, a discharged patient of the insane asylumon Black- well’s Island. The Doctor further reported that when called to attead deceased he found her ex- tremely emaciated, her person filthy and her body cov ered with sores, The Doctor concluded his report of the case by saying that ‘her relatives say she was ‘beaten, starved and otherwise abused’ by the officials con- neoted with the asylum.” The case was promptly referred to the Coroners’ office, and Dr, Goldschmiedt proceeded to examine the rowains. He discovered that Dr. Duncan’s description of the condition of the body was by no means exaggerated. Her body was one mass of sores. These were accounted for by the olonged stration on asick bed, Nothing further ie done Ra the case until yesterday, when a post- mortem examination revealed that death was due to inanition chronic meningitis, those diseases bemg the result of natural causes, THE OTHER SIDE OF TBE STORY. Subsequently Dr. John Bowen, assistant medical superintendent of the lunatic asylum on Black- well’s Island, was examined. Hoe deposed that de- ceased was admitted to the asyluin about the 28th of October, 1878, suffering from symptoms of general paralysis. She was transferred trom the reception fall to pavilion @ for sanitary considerations. She was never rational, was delirious occasionally, aud also at intervals suffered from an epileptic form of convulsions. On admission she weighed 140 ounds, but soon afterward began to fest, and continued. to do 90 up to the time of her discharge. She was able to walk, but most of the time was unsteady on her feet. She re- ceived good food and care from the beginning. Her remedial treatment was such as the case demanded. She continued in this condition until she was re- moved from the asylum by her husband, She was reudmitted November 14, and again on the 17th of December. At the latter date she was very much worse, physically as well as mentally; was also emaciated and irratioual. From that time on her condition grew steadily worse, and at intervals it wits necessary to restrain her by tying her on a chair or by continit her in a strait-Jjacket. At the same time sores an to form on her body and all efforts to sustain or stimulate her failed. When her condition became very low and the sores on her body very troublesome she was removed to the hos- pital werd and her friends were notified of her ap- proaching death, On the 224 of March. Mr. Graham ‘went to the asylum and requested her dischargo. Sho was dixcharyed on Monday, Murch 24, Her case was hopeless from the beginning, and her friends were frequently informed of that fact, She received all the care and attention that could be given to her while in the asylum. An inquest will be held in the caso next Monday. SINKING FUND COMMISSION, The Sinking Fund Commissioners met yesterday afternoon in the Mayor's office. Comptroller Kelly submitted a report in which he recommended that the premises No. 223 East Twenty-sixth street be | transferred to the Department of Charities and Cor- rection for a maternity hospital. The roport was agreed to and aresolution making the transfer was adopted, The question of extending the lease of tho gtound occupied by the new Sevonth Regiment Armory was thon taken up, and on motion was laid over for future consideration, A resolution was ne ae providing for selling at public auction the hise of the ferry from the foot of Grand streot, a a River, to South Seventh street, Brook- lyn, EB. D. "General Spinola appeared before the Board and said that he had filed bonds for carrying out his promise in relation to making experiments with steam-hout- ing mains in the lower part of the city, ‘The Board then agreed to the recommendations of the Board of Aldermen in reference to the new Barge Office. It was decided to permit the general govern- ment to use the property for any public parposo, CIVIL SERVICE EXAMINATIONS, gee Tt bas at last beon definitely settled to bogin tho civil service examinations on the Ist of April. The reason alleged for the procrastination is attributed to the Treasury printing office, which was so busily engaged day and night in striking off the four and a half per cent bonds that other work had po show whatever. This rush being over the blanks for the competitive examinations are now in hand and are expected to arrive here on the last day of this month, General Grahom, chairman of the commission, will reside, aésiated by Deputy Collector General Will- 85 Mr. Wynkoop end ire. Mepker and Com- stock, of the Naval Office. ‘The nnmerous appll- cants for positions have been notified to appear next : malpractice. Cosgrove, lose | Tuosday for examination. Two vacancies existing in the Office have remained untilied by Naval Burt in order to select aspirants from those recommended by the Uivil Bervice Board, CORA SAMMIS’ DEATH. TRIAL OF MME. BERTHA BERGER FOR MAL- PRACTICE—EXAMINATION OF A NUMBER OF WITNESSES FOR THE PROSECUTION. ‘The announcement that Mme. Bertha Berger, in- dicted for causing the death of Cora Sammis, of Northport, L. L, at No. 161 East Twenty-seventh street, by malpractice, would be placed on trial yesterday, attracted to the Court of General Sessions an immense throng. There was scarcely “standing room" when the proceedings commenced. The oc- currence at the time created quite a sensation, the details of the alleged crime having been given a wide publicity. The prisoner, who is jointly chargea with Frank Cosgrove, of No, 2 Burling slip, had de- manded through her counsel, Mr, William F. Howe, @ separate trial, which was commenced shortly after Judge Cowing took his seat on the beneh. Mme. Berger is aboutethirty-five years of age and not by any means unattractive in appearance. She listened with the most intense interest and anxiety tothe evidence of the witnesses, and throughout the day made frequent suggestions to her counsel, particu- larly during the testimony of Dr. Whitchegd, whom she regarded at times with a look of scorn as he de- tailed the interviews he had with her in reference to the case, 5 . CASE FOR THE PROSECUTION. Assistant District Attorney Bell opened the casefor the prosecution, He said it was the most important that had come under his observation during the present term of the Court, and added thut the time occupied by Mr. Howe in selecting a jury had been well spent. It was also of the utmost importance to the accused; for, although her life did not depend on the result, the inquiry was as to whether she was or was not instrumental in producing the death of Cora Sammis by criminal malpractice. Mr. Bell then proceeded to narrate the facts the prosecution songht to establish. Cora Sammis, a girl of twenty years, resided with her father, a farmer, at Northport, L. I She left home to conceal her condition. On Febru: ary 4she was at the house of her aunt, Mrs, Betts, in Brooklyn, and om pretence of visiting some friends left. On that day she was seen to arrive in company with Cosgrove at Mme. Berger’s house by several of the inmates, one of whom, it was alleged, was informed that the girl was suffering from on the 10th of Febru- ary, requested ono of the inmates of the house to remain with Cora wiile he went for a_doc- tor, which she did. Cosgrove went to the residence of Dr, Whitehead and requested him to attend the sick girl. On being informed of the nature of the pationt’s ailment Dr. Whitehead refused without ; first consulting his counsel, and together they pro- ceeded to the residence of Mr. John O. Mott, who in- formed Dr. Whitehead that it was the duty of a physician to zo wherever a human life was in dan- ger. When Dr. Whitehead went to the house of Mme. Berger he found the girl suffering from mal- practice, which, the prosecution claimed, was the result of an instrumental operation. Atter doing all he could to aileviate the suffer- ings of the girl Br. Whitehead promised to call the following morning. Before leaving, however, Mme. Berger expressed to him her anx: concerning the fate of the girl, and told him that in case of her demise that she would give him $50 for a certificate of death. He refused, and on the same day, informed Inspector Murray, who, in company with Coroner Flanagan and Deputy Coroner Miller, pro- ceeded to Mme. Berger’s house. Thece the girl Cora was found in a dying condition, but sufficiently con- scious and intelligent to make an ante-mortem state- ment, in which she averred that Mme. Berger had performed an operation upon her. That night the girl died, and Mr. Bell submitted that the evidence would clearly show that the accused brought about the fatal result. The prosecution would also show that Mary Steele. another victim of malpractice, had ‘been removed from Mine. Berger’s house to that of her mother prior to the arrest. THE EVIDES The first witness examined was Mrs. Mary:D. Betts, an aunt of the deceased, who te ed that she resided at No. 303 Raymond strect, Brooklyn. She her niece on February 4 and did not see her ae until she called at Mme. Berger’s house on ‘ebruary 11, when she found her in a room on the top floor in a dying condition. A young woman named Emma Whalen, an inmate of the house, testi- fied that she saw Cora Sammis arrive at Mme. Ber- ger’s, in company with Frank Cosgrove, early in the Month of February. Witness, Minnie ‘ituseel! and Rachel Davis were arrested by Inspector Murray the day before Cora died.- Mine. Berger’ explained what the matter was and the objectof her visit. This testimony was substantially corroborated by Melinda Cullum, another inmate of the house. Mary Steele, in response to Mr. Bell, stated that sho was s patient at Mme. Berger's howse; that Mine. Berger had adinitted to her the cause of Cora’s ail- She turther testified thgt prior to Cora’s death she (witness) was removed the residence of Mme. Berger’s mother, in Fifty-fourt.h street. Dr. Whitehead was examined at great length dha detailed the interviews he had on the subject of Cora Sammis’ sufferings. ‘Che prisoner expressed the be- lief that she would die and offered witness $50 for a dvath certificate ; she also admitted-having performed an operation upon Cora Samms. Mr. Howe subjected the witnessto a very search- ing cross-examination, in the course of which he ad- mitted having been arrested five different times, twice on charges similar to that preferred aguinst the accused. He also admitted having received his tee trom Cosgrove for attending the deceased. The turther hearing of the case was adjourned until Monday morning. fot Macon “BILLY” PORTER'S SERVANT FOUND. When William Porter was arrested and placed on trial in the Kings County Court of Sessions on the charge of being implicated in the robbery of Ibert’s flour and feed store in Graham avenue, Brooklyn, his wife's servant, Maggie Theresa Cochran, suddenly disappeared. As she was considered to be a very ind- portant witness against Porter the police made'great efforts to find her. They were not successful, how- ever, until Thursday night last, when sie was cap- tured in Jersey City. She is now confined in Ray- mond Street Jail, Brooklyn, and will be compelled. to testify at the retrial of Porterand Wilbur. JAMES STUARI'S FUNERAL. The funeral services over the late James Stuart, of the banking firm of Messrs. J. & J. Stuart & Co., of No. 23 Nassau strect, were held at the late residence of deceased, No, 27 East Thirty-seventh street, at which a large number of prominent business men were present, The Rev. Mr. Cambers and Rev. Mr. Hamilton read the prayers, and after these President MeCosh, of Princeton, and Rev. Mr. Kerr spoke of the business integrity and th hristian life of de- ceased, ‘The pallbearers Rev. Joha Spantding, D.D.; David Morrison, James M, Morrison, Richard Wiliam Jumes ‘Qaintan, ‘The body ci offin richiy silver mounted, and had on the plate an inscription giving the date of the birth and of the death of de- ceased, The temains were interred in Greeuwood, MARRIAGES AND DEATHS. MARRIED. RraN—Hannts—At Monticello, N. ¥.,on the 26th inst., by Rev, 8, W. Whitney, Colonel A. H. Ryax, of Little Rock, Ark., to Mrs. Exwa A. Hannts, of New Bedford, Mass. DIED. Apams.—-On Wednesday, March 26, Janrs R..ADAMs, in the 29th year of his ae. ‘ Funeral services this (Saturday), at eleven o'clock, atthe residence of his father-in-law, 8. P. Squire, No. 33 East Sistst. Interment at Tarrytown, XN Y. ives and friends and those of his father, W Adams, are respectfully invited to attond, ‘klyn papers please copy. ooas, ‘No, 690, ¥ axp A, M.—Brethren, yo onedt to meot at the lodge room! on Saturday, March 20, at half-past ton A. M. sharp, for the purpose of attending the funeral of our late brother, James R, Adame, GEORSE B. STINSON, Master. Baxen.—At West, Brighton, Staten Island, Marcn 26, 1879, Janes H. Banen, aged 62 years. Relatives and friends of the family respectfully invited to attend the funeral, to take place from his ate on Sunday, March 30, at two o'clock BaxwEenman.—At Bayonne, N. J., of scarlet fever, CHARLES Cannont, youngest child of Thomas R. and Elizabeth Bannerman, Seu further notice in Sunday's Herald. Bowman.—On Thursday, the 27th _inst., after a short illness, Satan Bowman, in the 77th year of her age. eNtelatives and friends of tho family are invited to attend her funeral, on Sunday, the 30th ingt., at one o’clock P. M., from her late residence, 370 West 46th st. Braanon,—On Friday, March 28, Joraam Baaapon, in the 66th year of his age. Friends of the family are respectfully invited to attend his funeral, at a quarter to four o'clock, San- day afternoon, at the North Baptist Church, corner of Jersey ay. and 4th st., Jersey City. Burke.—On Thurelay, March 27, Mrcwart, Burkn, aged 51 years, a vative of Galway, lrelande Funetal will take place from the residence of his brother-in-law, William 8. Toal, 195 av, B., on Satur- day, March 2¥, at two o’elock. e Galway (Lreland) papers please copy. Busn.—On March 25, Mame, daughter of Samuel P. and Susie J. Bush, aged 11 months, Funeral services at three o'clock, on Stmday, ao 30, at the residence of her paronta, 532 Kast 87th at. Canrerrer,—At Yonkers, N. Y., March 97, Sanant E., wife of A. L Carpenter and daughter of the late Isaac Taylory of this city, agod 43 years, Fnnetal on Sunday, at tho Methodist Episcopal Church, Tuckahoe, at bali-past ton A. M, Carriages Re | attend the funeral, from : waiting at the depot on arrival of Opp train from 2d 8 * id st., Harlom Railroad. c ‘At Yonkers, at his residence, No. 9 Chest nut st., Thomas D. Combs. Solemn high mass on Monday, 10:30 4. M., at the Chureh of the Immaculate Conception, thence to St. Mary’s Cemetery. Relatives and friends respeot- fully invited. Dundalk papers please copy. Coorr Nyack, on Hu ing, March 27, FrRGvsoN L., son of the late Geo Duncan Cooper and graudson of the late Ferguson Livingston, of this city. Notice of funeral hereafter. Cowex.—On Thursday, 27th inst., Manta J., in the of her age. es and friends of the family, and also those of her brother Thomas G, Cowen and her brother- in-law John Bowe, are respectfully invited to attend the funeral, from ‘her late residence, 449 2d av., on Sunday, 30th, at one P. M. —On Thursday, March 27, at 300 East 20th Asxnt V., wife of Thomas Dunlap. 8 and friends ure invited to attend the Saturday, Mai At Rocheste ¥, M. D., LL. D. cH.—On Thursday, March 27, Exizapetn B, i, Widow of Joseph W. Finch. Relatives and friends of the family are respect- fuily invited to attend the fnneral, from her late resi- dence, No. 323 West 92d st., on Sunday afternoon, 30ch inst., at half-past twelve o'clock. 10th st Ety, Fioop.—At his residens Summit st., Brook- lyn, P. fox W. FLoop, ave of parish of Kilcock, county Kildare, Ireland, in the 48th year of his age. Kelatives and friends are invited to attend the tu neral, Sunday, March 30, at two P. M. Fr March ELIZABETH FLYNy, daughter ot Michael and M. A. Flynn, " Funeral this day (Saturday). at two o’clock, frou 490 hicks st., Brooklyn, to Flatbush. Fuasx.—On Thursday, March 27, Faynte, wife of Simon Frank, aged 45 years, 9 months and 6 days. Relatives and friends, also members of Immanuel Lodge, No. 1, U. 0. I. 8.; Montitiore Society, Society ot Brotherly Love und pougeageiees Beth-El, are re- spectfully imvited to attend the funeral, at her late residence, No. 105 ay. B, on Sunday, March 30, at ten A.M. Please omit flowers. iy Franx.—On Thursday morning, March 27, after a lingering illness, at her residence, 123 Montrose av., Brooklyn, Mary Manearet Frank, wife of Ignatius Prank, in'the 74th year of her age. f Relatives and friends are respectfully invited to atterid her funeral, this (Saturday) sfternoon, at one o'clock. Interment at Greenwood Cemetery. Hawnans.—In Brooklyn, on Friday, March 28, 1879, Winiraat Hannans, in the 83d year of his aye. Funeral notice hereafter. Jamison.—March 24, in his 91st year, Josera Jamn- SON. Funeral Monday morning, at half- nine o'clock, from No. 6 Weet Hamilton square, Jersey City. Joxxs.—On March 27, Taoporus Baruex, son of Walter and R. T. Jones, aged 15 years, 5 months and 17 days. f Notice of funeral hereaft. é Keiven.—Friday, March 28, Bosa, daughter of Adolph and Fannie Keller, in the 18th year ot her age. SNelatives and friends of the family, also the Choral Society and members of the C ion Ahavath Chesed, the Unitel Brothers Friedeus- Verein and Mount Neboh Lodge F. I. M. are invited to attend the funeral, from the residence of her pa- rents, 217 East 60th st., on Sunday, March 30, at halt- past nine o'clock A. M. Kiersan.—After a lingering iliness, Brroeet Krer- NAN, in the 57th yedr of her age. Relatives and friends are respectfully invited to attend the funeral, from the residence of her brother, Thomas Kiernan, 139 ay. C., Sunday, March 30, at half-past one P. ML KersHaw.—On Friday, the 25th, CLaneNce, infant son of Angelo and Euphemia Kershaw, aged 8 months and 25 days. Funeral services Sunday at half-past one P. M. at G4 East 124th st. La Forau.—On Friday, March 28, Sanau A., widow of the late John A. La Forge, in the 66th year of her age. ‘Relatives and friends are respectfully invited to attend the funeral, from the North Baptist Church, corner Christopher and Bedford sts., on Monday, March 31, at twelve M. ‘Che remains will be taken to Woodbridge, N. J., for interment. Train leaves foot Desbrosses st. 2:30 P. M. Lawiess.-Mother Mary Recrxa Lawxess, at the New York Catholic Protectory, on Friday, March 28, in the 60th year of her age aud the 45th of her reli- gious vocation. A solemn requiem mass for the © of her soul will be celebrated in the chapel the female de- pirtment ‘of the Protectory on Sunday, March 30, at aif-past ten A. M., after which the remains will be conveyed to the mother house ‘of the Sisters of Charity, Mount St. Vincent, on the Hudson, where a solemn mass of requiem will be celebrated on Mon- day, 3ist inst., at ten o’clock. Interment imme- diately after. Leeps.—On Wednesday evening, March 26, of meningitis, Gmaup DEAN, eldest son of David D. and Clara Girand Leeds, aged 8 years, 1 month and 24 YS. Relatives and friends are invited to attend his fu- neral, from the residence of his parents, 334 Clinton st., Brooklyn, on Saturday, 20th inst., at two o'clock, Mappex:—On Friday, March 28, Bripcrr MADDEN, wife of William Madden, parish of Foheny, county Galway, Ireland, in the 534 year of her age. Friends of the family aud 6f her nephew, Michael Clarke, are respectfully invited to attend the funeral, from the residence of her son-in-law, Martin 240 East 47th st., af one o’clock, Sunday, the 30th. = - Marxan.—On Friday, March 28, 1879, Wiutraw Marran, in the 68th year of his age. Funeral services at his late residence, 237 West 29th st., on Sunday, at one P. M. MraGurr.—On Wednesday, March 26, Jon MraGuer, the beloved husband of Ann Meagher, na- tive of the parish of Toome, county Tipperary, Lre- land, in the 66th year of his age. Relatives and friends are respectfully invited to attend his funeral, on Saturday, March 29, at ning o'clock, from his late residence, 494 Carroll st., Brooklyn; thence to St. Augustine’s Church, Bergen st. and Sth av., where a solemn tequiem high mess will be offered for the Top 0ee of his soul, and thence to the Cemetery of the Holy Cross. Mrppirton.—On Wednesday, March 26, Joun Cy Jr., only son of John C. and Emma L. Middleton, aged 11 months and 6 days. Relatives and friends are invited to attend the fu. neral, on Saturda:; larch 29, twelve o'clock, at 333 York st., Jersey City Natpr.—Oa Thursday, March 27, Parnicx Nae, in the 37th year of his age, at the residence of his motuer, No. 86 Broome st. ‘The relatives and friends of the family are iy fully invited, also the members of Putnam Hosa Company 31, of the late Volunteer Fire Department. Funeral on Sunday, March 30, at two P. M. OprLu.—Suddenly, on Thursday, 27th inst., Cor- NELIUS M, ODELL, aged 81 years and 4 months. Funeral services will be held at his late residence on the Sawmill River Road, Yonkers, N. ¥., om Saturday, 29th inst., at half-past two P. M. pt. —On ursday, March 27, Junta, wife O'Connell, native of Killarney, county reiand, in the 48th year of her age. tives and friends of the family are invited to her late residence, 4%4 3d ay., on Saturday, March 29, at two o'clock P. M.; thence to Calvary Cemetery for interment. Paxsoxs.—At Harlem, on Thursday, March 27, Mr Pansons, in the 77th year of his age. Funeral from the Second Avenue Methodist Epise copal Church, corner of 119th st., on Sunday, the auth inst., at one o'clock P. M. Relatives and friends are invited to attend without further notice, Pxrenson.—At his rosidence, No. 163 East 90th stg, on the 27th inst., of pneumonia, Writiam T. Peren- son, in the 55th year of nix age. Funeral services at thy house, on Sunday, at halfs, past three P. M. Relatives and friends, the Veteran, corps, and Company D, Seventh Regiment, N.G.- S.N.Y., and the General Society of Mechanics and ‘Tradesmen are invited to attend. Anwony Fourtm (D) oxen jer. Srventa Reerment, N.G.S.N.¥ New York, March 27, 1579, Company OnpEns No, 6.—The members of this come, pany are invited to attend (in citizens’ dress) the fue neral services of our late comrade, Wruitam T. PETER rtormaster Sergeant, at his late residences, ‘ * East 0th st..on Sunday, March 30, 1879, at’ half-past three o’clock P. M. The usual badge of mourning will be worn for thirty days. By order of Captain WILLIAM H. KIPP, Frevrntck Korprr, First Sergeant. Post.—March 28, Henvert Starpuck, onlyehild of John H. and the late Josephine T. Post. Funeral March 29, at two P. ML, trom.103 West Suenmax.—In Washington, D.C., March 24, 1879, Hexay Sxenmax, aged 71, formeriy of Albany, N. Ys, StveLarm.—On March 27, Wiadam C. Sincharm, in the 64th yoar of his age. Fuueral services on Sunday, March 30, at his late, , 240 Rast 110th et. Relatives, friends of ly and members of the Exempt Firemen's ion are invited to attend. eVexS—On Friday, 28th, of Bright's @iseasoe, Axpuew K., eldest son of Andrew and Janedtevens, aged 26 years, Notice of funeral hereafter. Scnervan.--On Wednesday, 26th inst., Mrcnany SvLLivaN, native of county Limerick, ‘Treland, 5° Talatives and telend: hy platives riends are respectfully invited to, il the funeral, which will take pince trom his, 0 reside! 86 Madison st., New York, on Sunday” at two P. Waw ursday, March 27, Exum Wr.uiams, wife of John D, Ward. Funeral services to be held at her late residence, New Brighton, 8. L, Saturday, 29th in at two B.M. OB tor New Brighton at LP. M. at foot of Whitehall st. Interment at Auburn, N. Y. Auburn papers please copy Warrr.—On Thursday, March 2%, Janes Benxanp Wurts, son of John H. and Rose White, aged 1 year, 5 months and 19 days, Relatives and friends are invited to attend the funeral, from the residence of his parents, 374 Eas® 4th st., on Saturday, March 29, at halt-past one, Wurrtoek.—At Albany, N. ¥., on the morn March 27, James Goun.ay, eldest son of Robert the late Blizabeth Whitlock. Funeral services from his late residence, 142 Swag my Sunday afternoon, at three Care ViLMonR.—Suddenly, on Friday, Manta wite of James Wilmore, Funeral sorvices st her late residence, 177 West: 4th st, on Monday, Sist., at one o'clock. Fricads are respectfully invited. »! 2, Prowwsct L, wife of —Thi Wrrkowskt.—On ) Julius Witkowski and daughter of the iate Simon A, Lichteahein. ke Ze = are ooh to attend the uneral, on Sunday, one o'clock, from her rosidvace, 146th st., onst of Willis ay, ad