Newspaper of The New York Herald, May 10, 1876, Page 8

Newspaper of The New York Herald dated May 10, 1876 Page 8
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THE COURTS. Combating Assumed Powers of the Board of Health. IMPORTANT TO HEAL ESTATE OWNERS. Interesting Question Growing Out of Perils of the Sea. Unfortunate Deposits cf thr Public Ad ministrator. QUAIL ON TOAST. In tho fJenoral Term of the Court of Common Pica*, Chief Justiro I?nly and Judges J. Y. Daly and Van Hocscn, recently lieard nn argument in the pint brought fcy Ihe Board or Health against Adam Knoll. The rase rnnio before this Court on nn appeal from a judgment iu favor ot tho Board ol Health tor a penalty against the defendant for refusing to comply with an order requiring lilni to put up a ventilating Khali to the vault in tho yarJ of his Douse No. 97 Wlllett street. Tlie ease wax tried boforo Justice Parker, of the Third l'lj?trirt Court, and an ap peal taken Ironi Iiik decision lit fttvor ol the plaintiff to the tJener il Term of the Court of Common Plea*. Thin appeal was pressed by the Taxpayer*' Association ?f tho Tenth. Klevcnth and Seventeenth wards, of which organisation tho defendant Knoll was a member. The appeal was argued bv Mes-r?. tJoorge F. and J. C. Julius I.angbein, tho counsel for the orgjulintlon. at jrent length. Judge Van Ilocsrn was given tho case for e%amtnaiion. The Court yesterday rendered Its deo|. lion, holding that under the authority of the Metro polltnn Hoard of Health *s. Helsier, a" Mew York, p. fifil, tho Judgment must be aiflrmed; ind further, ihat the defendant should havo leave. If he defir.-s it. to so to Ihe Court of Appeals. Brief as the decision is it is conclusive, anil shows tliit It is the disposition ol the judges 10 h ive the litifli est court in the State to deride upon tho powers of tli<i Board of Health, which are so scrloti-ly and strenu otwly questioned oy the '1 a \ pavers' Association, through their counsel. that when such Important powers of the Health Board are denied and questioned, ns they lia\.> been in this ease, that the court ol last resort "should properly assume the responsibility of in terlrrmg with them. \\ hile the Board ol Health Is having Its powers con looted in the courts It Is having an interesting leva! fight upon tho simple que-tton of its power to retain posses-ion of its present quarters In I lie police build ing. Bcloro Judge Spier In the Snperi. r Court was heard yesterday the argument on the motion recently granted to perpetuate the Inlttnrtlon granted against the Board ol Police restraining th? Police Board ironi ejecting the Board of Health from their rooms in tho building No .'101 Molt str.-et. The complaint sinies that the present Board of Health is but a continuation of Ihe previous one and entitled to nil its privileges; loat it Ins occupied iheso rooms since with tho rxeeptlon ol three rooms previously occup ed by tho K*rtse Commissioners and vacated by them hi favor of the Corps ol Vaccination, connected with the Board of Health. It fnri!n>r states that no claim whatever has ever been made for said rooms up to April 2.'> last, at which ilinc Inspector Dilks, with several policemen, forcibly entered tl'.e rooms of the Vaccinating Hoard tnd moved out the furniture and fixtures; that all the rooms occupied by the Henlth Hoard are absolutely necessary for the carrying out of their Unties; that tho records of births, marriages and deaths lor seventy fears are kept by them in especially constructed sales', fcc. ; that th" Hoard of I'ol'ce have no more right hi said building than they have; that lliey both came into possession by the same law. and -o continue to occupy, Mr. Set It c". Haw ley mmiu an allldavlt In opposition io the uiottoii, iu which tic stales Hint tlieie i> no ncces ttty tor tne locating ol ihe Iwo boards in I he same building; Mini the i'oilco Board co-operate witli tho Board of Health, but tlie co-operation Is liirtilshed rbielly through the .Sanitary Company; that the ongilial coal ol llio buildtug was $110,IHJ0; that the Police Depariiiu til tiuuvrm ibu use ot the rooms occupied (?) the Health llourd to tin m in lsttd, wfi ch orter they accepieit, mid which was ihe only real claim or title wiiicu plauuills ha<t to the rooms. Ho says that the aUilltou Hi de to tlie building ami occupied by Ihe Boaid ol itcauh whs built lor the Hour ! of 1'nllcc, and that they allow the latter to occupy llio Mine. Mr. Prentice, counsel lor tho Health Department, made a lengthy argument In support of the motion, Contending thai lite notion Ol the Board of i'Oiicu was merely au urbi.iary one, i.nd all exorcise of physical power w.tli no color oi authority. Judgo Spier took the papers, reserving his derision. THE HOTEL BRUNSWICK EXTEN SION. Ie 1S61 William Hurrj* ww owner of lots on Filth "?vcuuo uml extending around on Twenty-sixth and 1 rweuiy-fc\ enth streets and u part ol Maui>on uvnniie. ! At diflerent ilmi's ho convcynd these lots to dittcrekt parties by do us containing a clause as follow s"And tno said party or the second pari, lor himsell, lits heir.s ? ml m dotli h' rehy covenant to ami with the ?ald 1 William Hurry, his heirs, executor* imd administrator.', ! tn.it ni-ither the suid party of the seeond part, nor I1I1 ' hvira or axslgu?,. nor any person claim.ng under, 1 through or hy inc-no oi this conveyance, Shalt und will , ?t any tun* hereafter erect upon .-aid lot uny other or building w liatcvi r than a genteel dwelling liou?o, to rover the whola Ir nit ol said lot, hut not to be o( ireater depth than Ulty feet, unit which covenant li Hereby declared to be a continuing covenant, und to bo tor the benelit of the owners ol ihn loin now owned by raid Wiltum Hurry between this lot nml Twenty-sixth ureet. mi that Uie same ma) have ireedom ol air, light and vieton." Juno Catharine Lottlmer purcnased on Twenty-sixth street some at the lot* re ferred to in thf loregoing covenant us hem# entitled to Ireedom of Kir, liglu and Vision, and In her deed covenanted not to erect on ih? Filth avenue side any building extending t>ai k mora ttian illtv leot. In 1R.ii on e ej the iota on Filth avenue, which bad liren fold by Hurry to u party named ^silken, wa> recon* vcyeu to hiui. and by tiiui again sold in lsi'.o, tint with out, in terms renewing limitation covenant, t'nuer tins conveyance Charles K. l.tvermnro derived title to tbe same lot, part tally .upon wl ich, with the knowl edge el Jane Cathartic Lottimep, owner oi Uie lot on Tweniy-aixtti street, he, without any objection on her liart, i.t threat expen-e erected the Hotel Hninfcw.ik. ? li lie Jane Catharine I.ot timer was still the owner of ono of the Filth avenue Iota, running immediately in rear oi her Twenty-sixth strv". lot, ? house wan omit on it extending tack litty-nine feet, and house und iot subsequently conveyed i v bor to a Mrs. Ludlow. Now Mr Ltverntoro seek* to extend iiack the ll tel Hrtins wick the whole depth of tbe lot, ami this Mrs l.ottl. met sock* to prevent, rely ing on the covenant in the hurry dceus limiting iho ueptu m the building on Kilth avenue to li! y leet, and alleging Hiat her twenty ? ixth street lot will lie thereby deprived *?[ that Ireedom of air, light and vision when the covenant wna intended to secure. At special term the decision was lii i.ivor o: an Injunction ie? raining llie proposed extension ol the Hotel Itruiiswick. and from tnal an api cat *?< taken, which was on Ihu Seueral 11 rtti calendar ol i he Court oi tomuion I'lcaa, 'or argument, yeateriay. It is cinuued by Mr. Kdiuuud I'ollln. Jr., who represent* Mr, .Liverni"ic and others >l the Filth avenue owner.", that the present circum nances are li<>t the ntnf ?.? when the covet ant was en tereu .nto, and to sustain the right to an infunction klrs, Lottimer should not have sintered Mr. I. vertnorc to nave Incurred expense* by which loss will be in ? icted on him througti tbe enforcement of the cov Niaut; that it is tt> a "g?"Ut el dwellm : house" the Covenant refers, nhil) Mr. UlVerntoru was permuted to Ootid a hotel w itliout objection; that -he 1ms even lust her right tn re-trtct the uae of the iot in question to thai ol a genteel dwelling lions*-, In mat sbe has lived in an ailjoining houso and seen the defendant incur great expense in eNtfint upon tne premises hts bond, w 11ii lull kn..w icilge ol the intent ol ihe Improvement slid the character Ol the building which was itcittg erected, nud thus, in the language ol at! tlio book-, ?M"l1>ed heTs*It lioin a-kmg ttie equitable reliel she ?evka IMPORTANT TO SHIP OWNERS. A decision iniporlnnt to ship owners wai rendered yesterday in the court of Aroitratinn bv Judge Fancher In the suit of B, C. Flckett against lioyal Phelps et a I. Tbe plaintllf is master or the American bnrk John .I. Mnrali, which sailed from Cardenas in M.reh la-t, bound lor New York, with a i argo of .>40 h?g<heads and forty tlerc<s or augnr, consigned to the defendant 1'uring the voyage the vessel encountered revere galea ?nd tempests, and though it is conceded the resit I wm tight, atanch and w ell fitted for the voyage, sbe shipped or took in by l> nKage a qnantltv ol ?ea Walt r into the lower hold which oissolvcti and aaslart out, either wlioily or in part, I be sugar conlnlned in ) * >4 of the hogsheada in the lower tier. It i* agreed that stu b Ins - was cati-ed by a peril of the -ens. lit the |i 4 hoys h< ads seventy-three were on arrival cntirdt) empty aid thirty-one partly empty. The reitbt on tne whole IM lio^abends ituounted to hi, a pnrt ol dnicli l.-.s i?en paid by the tietMdaiMU1, and they claim a rebate tor the empty and UHatted bogshemls; while the | lain till, having delivered tne hi|>bcai>, risiui^ tbeewt.ra an<onii< oi the lr< igbi accordimt to the bill of !,?<! tig and ??barter party. The delendunta ottered t?? pay ; r ? m|ii IreijTht mi the ullatcd packages and deny an* Intbtltiv to |iay more or any ire'^ht on the empt> ca.-ks. iiio ijrreement CnntaiH'-.i tn the eliartiT pari) wae to p.iy a -|M C tlied rate on each hogshead aud tierce ol sivar de livered, and, on the MnMor'u part. Io d- 1 \ > r tie <ar^o ?t New Tort according to custom. Judge F?ncher holds that as the -<ugar* destroy <| were loat hy n peril ?t the ten the consigned couiu not claim lor.'nrh lo-s i wplust tli?? ship owner or mooter, and no, on the other h.nd, tin' lo*-> hem,' l>v peril at the wai, thut tin- mo* tor cannot claim mil ircigiit ir<>m the consigners, though lie bus delivered iho empty ami uilagcd hog* heads lu them, lull freight not having been earned and Uit) perilol i In- st-as having?uturllh* master trom lull perloriasace ol hit coat rant and relieving the consignees I row lbs obligation ul fiaying lull freight; and. inrther. ii haviag brim wmpMriii (or either or bmh of the par IN to insnro their several interests against ?uch a peril uud thus be protected against Iimi. THE GUARDIAN SAVINGS BANK. lu the matter of the receivership ol the iiuardliin Having* Institution, proceedings lu which are pending In the Supreme Court, the intere?ts ol the city are Involved to a large amount. The bank tailed in Decem ber, 1S7J, and H thai date the i'ubllc. Administrator's ?Ii posits were wad* therein. The baianco to that account wan $.'>8,S4.'? !}", upon which the receiver lias nine |iaj in nts I row time to time to Judge Alker ami to Isaac Dayton an i'ublic Administrator*. Algernon s. Balhvan, the prei-eut 1'tih.ic A iiiwui.-truior, wseek tiii4 to recover the balunoe duo, which be a>oertaina to be vi it Ii tautest from January 1, 1H 'Hi ? (irewtl proceeding ts to seo how much can be ob tained irom the I'ntu ol the bunk or (torn the receiv er's bonds. The deliclenoy must be uiade up by the city treasury, no that Mr. Sullivan can kettle the estate, the IuiiiIn ol which were in tlio savings bank when It lailcd. The matter isexpcctei to come up in Supreme Court, Ch mbcrs, within a day or two. QUAIL OUT OF SEASON. Ia Tart 1, or the Marine Court, yesterday, before Judge Sheridan and a Jury, there cume ou lor trial severul cases in which the Society lor the 1'resei vatlon ol Guma sought to rccover line* against parties lor having on band game out ul Benson. The parties sued were f ranklin T. liuntnon and William W. Smith. Mr. Smith made no appearance in the case, and Judgment for lull statutory pptuilty?fM>?was entered against him. In the oilier case a verdict lor was enterod. The cowpiatnt in both ia?es was proven by John Kd w,iriH, i> deputy n her ill of Queens county, who stated that it the prosecution ofthecaso wax done by the Dis trict Attorney he (the inlurmur) got hall the lino and the other nali was duvoted to churilable parposes; but in cases prosecuted by the Society he got nothing but his $- per day. J KM MACE'S ATTACHMENT. Me-.-rs. Underbill a. ( o. applied to Judge MoAdam in Miirtue Court, Chambers, yesterday, lor an attachment agu'iist the property of Jem Mace, the prize lighter. The allidavit on which the application was founded stated that Mncc Is a ncn-ro*ldent oft his country, being a rcsideut ol England, of which country ho Is known as the i liampiott lio.vcr; lh.it he ;s uow engaged as a per loruier in the art of stll-dolencu ill the circus of Howo \ CitHli.ng in tins I'.ty, at a salary ol' |'J5o per week, and that lie i- soon to accompany lliu circus lo Newark, in the State ol New Jersey. The claim "mounts to *104, and is lor ales luruished lo the llrm ol Mace tc liargraves. Tbu object of tlio attachment is to reach a portion of .Mace's salary at the circus now overdue, and to prevent him taking with him to Jersey his ward robe, Ac. Judge McAd.nu granted the attachment. SHORT ON WHISKEY. in l*fl# Charles Backman bought of Thomas Moore about 7.0J0 barrels of whiskey, which were delivered lu lots of 100 barrels each. They were pold for on pre sentation ol the inspector's certificate. About a year til erward the whiskey was withdrawn Irom bond. A new inspector examined the whiskey, and it was found out thai lt?ero was a deficiency of 1,0C0 barrels. Suit was brought by Mr. Hack man against Mr. Moore to recover the amount alleged to bo due ou such deficiency. Iho suit came to trial yestercay beiore Judgo DouMiiie, lioiiliug Supreme Court, Circuit. Mr. William A. Beach and Mr. Miles IK-acli appear lor tlio plalllttlf and Mr. crouiby lor the defendant. Tho principal point in In terest is the diflureiice in the examination by the two inspectors. The dcleuce is thai whiskey cannot he stored lor twelve mouths without considerable shrink in;;, and ibis, it is claimed, reconciles the discrepancy in the re| orts ol tho Inspectors It Is ulso claimed that it is impossible to nil the casks without danger ol bursting. VALUE OF A BROKEN LEG. Jamca Baker has brought suit against Messrs. Rod man Jk Hepburn lor $4,000 damages lor a broken leg. Tlio pluiuUil was employed by the Quintard Iron Works, ul the loot of Kleventh street, Kusl ltlver, when , a trtirk belonging to th" defendants, drawing a heavy log, was being driven over the pier, and tbe log hit > hitn on tho leg, iruciuriug it. He was confined eleven weeks in tbe hospit.il. Tbe defence'is contribulivo negligence, notice having been given to the workmen j ol the approucti ol tbe truck and log. with u caution lo ' get out ol the way. Tho suit was tried yesterday be iore Judgo Van Hoesen in the Court of Common 1'leas. , Messrs. William !?'. Ilowe and Mitchell 1-alrd appeared for the plaint ill and Messrs. Hodman and Adams lor : the defendants. The jury were ordered to bring in a scaled verdict this morning. SUMMARY OF LAW CASES. The appeal taken in the c iso of Washington Rceb j ling and others against Duncan, Sherman k Co., j which was brought to recovcr some $4,500 on a dralt on the I'ulou Hank, in London, win argued yesterday in the Supreme Court, General Term. The Court took the papers. The Grand Jury of tbe criminal brof ch of the United States Circuit Court mado Ibeir llnal presentment ves terday and were discharged by Judgo Benedict. The Juiy presented thirty indictments, most of which. It is reported, w*ro against "crooked whiskey" dealers. The District Attorney declines to make the nanus pub lic until tbe bench warrants have been served, which w ill probably be to-day. DECISIONS. BirPKKME COUBT?CHAMDBBS. Hy Jit 1 go Barrett. Hazard vs. lvtcrjun.?On the stipulation filed mo tion iicuini without costs. (Merman vs. 1'eterson, fcc.?<>n the stipulation filed motion dented without costs. Welsh \ s. riH> Kltcnville tJliss Works.?There Is no gelling ovi-r the lact that tho answer wan serrud nc oordinu 10 law .ind in due time. It may huv<i t*cn In bad liotil, but it was a legal right to interpose it and the plaitttillcoilld Only got ml oi It hy nn appropriate proceeding. Tim pliii 1111II hud on right to enter judg nienl When he did, mi l It mii>l l>e sot aside, w.tli cimin, , Promy vs. Swift ol al.?Motion denied, with til) eosts. Hy Judge l.awrence. Spauldtng vs. Ilyrnes and Murphy ts. Byrnes. ?This nllniuvtt dttes not Mate the lacts w bleb, under the act ot 1K;VI, ns amended by Iaws ol 1K.">3, chapter l'J, mum I to ?bow*It lo euiitlo the plaintill' lo make a substituted s- rvic" ol Hie Munitions and complaint Ham vi. Hani at al.?It is very doubtful whether it will be in furtherance of Justice io grant the ano'nd nient asked tor ui litis stageo! the action. Am I am Indisposed, liowerer, lo make any order wnich may prevent the whole > tse irom being presented lo llt'e Court. I have concludcMl to allow the niiiemtuients ou condition that the deiandaiua |tay all the com* oi the action up to >1 ite ana $10 costs of motion. Thu case will lie placed aiMi on ilie nhort calendar, under the or der heretofore granted. Hutch v* Hoffman, he.?Allldavlt does not show that llie third party 10 he examined has properly or th* judgment debtor exceeding $10. Code, see. 2M. I'ianuehschlac va. l'laniictiscblug.?1 will graiM an order that a commission issue, but without a stay. Aa the cafe appear* i<> he upon th?t day calendar ol tho Special Term, I shall leave u to the Justice holding that branch ol M.e Court to determine whether the casa should lie postponed until the commission he returned. In ttio matter ol Drowning.?lieport eontlrmcd and ortli r greuied. Murphy v*. Tho Tehauntepec Itallroad Company and ano.?-I think thai the deiendant tuuy have an order declaring tlx.1 >uii abated, hut not un order of discontin uance. Turtler vs. Smal.? I think that neither snretjr li suf Selent. Black v#. T. e Continental BanK.?1 re.-ard the state ment* In the moving nlltdavil* us altogether loo general to warrant tho granting oi the In-peenon which is a-ki'd for. The motion is denied, without cosla. Seo Walker v?. Uranite lunk, ID Abbott, 111; People vs. Trinity Church. ?> Abbott, ITT. Stone v* Kiihn.?1 wish lo be intormed whether Ibo stipulation is signed by alt the parties or tneir attor neys. seo rule *.k Aiken and n nollier vs. I'echa?The nflldavit does not show the amount of the Judgment. l ite Amoskeag leavings Hank vs. The l'rn.ly's Bent Iron Company. ?*e.?I want tho original bond In thia case. Oxa<le vs. OMimmi.?I cannot grant ibis order, lit the matter Ol Wnlett (deceased).? I think that there nhottl i be n reference in this Matter. Walter vs. Walter ei al.; Km v*. Harebell, No*. 1 aiidS; So|>er va. Ityrns, No. 1. Maine v*. Wtlloughhy ; Matter ol Kilioit.? tirantcd W \ cltort vs. Hardow et at?order granted. Jl) Judge linrrett. In the matter of Hunier, Ac,?t'pon rending the affidavits presented by the respective co.iMct, 1 think Mt< allow.? to ?-.? should he larger than the sums ortgt. nali) U.\od l>) me. I have accordingly lived the allow, nlt < ol petitioner"* counsel at *4.>'t; Mr. iMcTrtiMti, ihc nloiM) fit"'''. ?nd Mr. KrteBd, fliti ?trri ;KMi: COt'RT? aPKClAI. TKRM. H> Judge I^trremore. Hernhard v? Currte et al Judgment Tor plaintiff on tin- demurrer. wim leave to defendant to snswer on payment of < oats hi prition COCHT?rUMtciAL ti:hm. By Judge Monell. K!rer<nn vs. Van derpoel.? Motion for order staying proi r-eduigs tMHnl, opinion. \food Vs. Mu ock -The pa|ters do not lurnlsh suf llclrl t prool to (II ibie rnc lo as. ertaln ilte value of the subject tn.(iter Imolviit Tb? allowance MM he call mated :i|?>n -mti value, which I* the vatue of Iho plaint :t * interc.-l in 'lie pro|>eriy. I teijutre proof ot the gn>?? vatu< o! the propcry, Mrs. Mi bwk's uge and a i j?y ot Sllbtri - will. The National I'ark Hank of New York v?. Uunst; Totsrj v< Putin ?.irnr.-d on snort calendar. Cornell V* M-hM-dhaWa M al.?Be eret i o ordered. llolTiuan etnl. \Vilmar.?Demurrer overruled, with ro? is, Hy Judge spetr. Maftef oT Ahlhom. *c.?Motion that the order Of arrest bp vacated and that the Insolvent M discharged denied. See opinion. Weidling n Bailey.? Motion to d icoutlnue without coata deuied. Etilinger v?. Stegmlller et aL?Order of reference eettled. Lor up va. ilalbat.?Caper* returned to Clerk of Court as imperfect. comma pi.eab -bpeciai, tee*. Bjr Judge J. F. Paly." Keating vs. Union,?see opinion. MABINK C'OI'KT?CHASI1IKRS. By Judge McAdum. Stanley va. Chatiiberhu.? H. Mtlutyre appointed re ceiver. The Centennial Liquor Company v?. itmltb.? Opinion filed. Withman vs. Schappert.?Attachment vacated. Wet?b va. Ntu-ndelson.?Dctendaui may nerve supple mental answer. Bocku vs. May.?Defendant must serve his answer on I In' lull. Freeman vs. Carlton.?Defendant committed until be pay* Judgment. Painu va. lie run?Judgment on remittitur. Loudon w Niederhauur; Waters vs. Hughes.?Mo tions granted. Si if el v*. Led with?Default opened. See papers. Dunn vs. Verow.?Motion grunted conditionally. Cook va. Oppenbeitn; Dambmaua va. Becker; Well man vs. Jtiners.?Motions disposed of as per Indorse ment on pujiers. Kadi va. Stlllwell; Miller vs. ? Cannon ; Kirtlnnd vs. Sulouiou; Mcpherson vs. Uuy nor; Mai shall va. Gay nor; Furauaht v*. Zuir.lc; Brandt vs. Banner.?Motions to advance cause- granted. Werder va. Moegling.?George PfeiflVr, witness, be ing examined and relumed to be sworn, was committed, but is discharged. Millions l ran ted, with costa.?Sturges va. Glavia; Coudert va. Uaxzam. ? Uiighcr vs. Duste.?Motion grantod, without coats. Scott vs. Carpenter.?Decision tiled. Motlou* deuied, with coats.?Downs vs. Newburger; Munmaciurers' and Bui'dera' Bank va. Jlolloy; Krcu^cr vs. Zin*udo, Corey vs. Dow. Sabln vh. Thayer.?Motion denied, without coats. | Mlelialls vs. Williams.?Motion lor receiver denied. , See indorsement on papers James v, Missel; Huiiio vs. Cochran; Wooll vs. Oliver; Cor It vs. May forth ; Dabclinan vs. Nicoll; McCalluin vs. Nicholson; j shook Vh. Kauj 1'ettlt vs. Bert rand: Covert vs. Frost; Tucker vs. t'uro: Flucke vs. Daily; Kennedy va. Keat ing ; Hume vs. trunk; Oilman vs. Holme.-; Hon I ay vh. : Durand; Brand vs. Barnes; Corey vs. Hairs. I Kitsam vs. Midbury.?Mr. Ueorge stevenson ap poinie.i receiver. , Kiissoll and Krwin Manufacturing Company vs. i Voikemng.?Commission may Issue, but motion lor nay denied. Ailing V-. Van Lennun. ? Cusi! settled and tiled. Cordis vs. l.amlb'Ti'.? Ihcordermado l>y Judge Alker ' Is res ndJiidlcHia as 'o mutiera-ottered in excuse by i plaint ill. Hie plaintiffs iiuiicoinplinnco with tlitl or der entitles th? defendant to tho relief a|>|>lied for. Mo i lion granted. Siranss vs. Job.? Sheriffs hill taxed at |SJ 24. | Vosh va. Sclirauth.?Motion denied, without costs. Bradbury vs. Sturges.?Fined $17tl IS lor contempt , of court. ; In re Joaehtmsen.?Referred to Edward Jacobs. Drisler vs. Boss; Prior vs. Maldhofl; MaidhofTva. i Prior (cross actions).?(iranted. Trust vs. Frt email. ? Attachment for contempt granted. Banaon va. Monaghan.?Actions dismissed. ficck vs. Marline.?Motion granted. Hewlett vs. Murphy; Gu>er vs. Buckraasier; Drliter vs. Hoaa; Fuchs vs. Bolemia; Thelps vs. Arris; Newell va. Falfjic; Block vs. Meyers.?Motion* granted. (?cck vs. Martine.?Motion granted. COURT OF GENERAL SESSIONS. Before Bccordcr Hackett. ACQUITTED Or MANSLAUGHTER. EJward Gannon, a carter, living at No. 154 West Eighteenth street, was placed on trial yesterday under an indlctmeut lor manslaughter ill having caused tho death of an acquaintance named .lames Pureed, a truck driver, by striking lilin upon the head in thu course of a quarrei, which originated over a game of curds, in the saloon ol Edward McCabe, No. '203 West Seven teen ill si rent, on the night ol December "JO last. It was shown that be struck tho blow under great provoca tion, and the jury acquitted him. A PICKPOCKET SENTENCED. William Kay, of No. 123 West Sixteenth street, who was, on March 17, caught while picking the pocket of Michael McCarly, ol No, 17a Chriatopher street, pleaded guilty yesterday, and was aunt to Slate Prison lor liireo years and six months. STRIKING WITH A 8LTTNQRHOT, Thomas Kilkenny, a 'longshoreman, living 70 James street, charged with atrlking Charles o'Nell, of No. 64 Oliver street, with a slungshot. pleaded guilty and waa sentenced to one year lu tho Penitentiary. WASHINGTON PLACE COURT. Bctbro Jndge Smith. UAKIX1 UOMIEKY. On Monday evening, as Benjamin Friedenberg and Ms son worn silting outside tlielr .slioo store. No. 517 Canal street, a man approached them and pushed tho ?r>n against the father, knocking both down. At the sitmo moment he seized a pasteboard box coiiia'tiiug shoes, which were valued at $15. Tho thiol then ran away, and Mr. Kriedenberg rsised un a'arm. This at tracted the attention of Officer Con ^ III in, of the Eighth precinct, who gave chnse to tho thief and succeeded In arreting him. lu court yesterday he gave his natn.o as Louis Martin, of No. 450 Niuth avenue, anil suitl that he wan a boatman, lie stoutly denied tho robbery, lie lit known to the police at ("jack Kennedy" and "Steamboat Jack.'' Judge .Smtfn held him 111 ('.2,000 to answer. In the afternoon, Mr. Jurres T. Ryan, of Hoboken st, Jlohoken, X. J., stated to tho Court that on the night ol the 12ili ol Kebruury he was feloniously assaulted by ??Jack Kennedy," whom he ideniilled as the prisoner The complainant stated that the prisoner assaulted linn with n knite and gave him two severe wound*. I'poa this charge he whs aUo held In $1,000 to answer. attkmitkii Tit.i.-'jMrmo. Martin J. Maher keeps a liquor store at Ma 184 Sev enth avenue. On Monday evening, while his back was turned. John Snell, a boy, residing at No 2M Wost Twenty-eighth street sneaked helium the bar aud win just appropriating |'J6 wnen Maher caught him. Snell was held in $700 to answer. FIFTY-SEVENTH STREET COURT. Before Judge Ka.smlre. THE TONER EXCISE CASE. The case of llonry A. Toner, of No. 323 Avenue A, for violation of the iSunday provision ol the Excise law, underwent only a partial examination yesterday. Koundsman Delaney, of the Eighteenth precinct, testi fied that he saw tho door ol Timer's saloon open, and gavo orders to Officer llcss to close the place and arrest the proprietor. Ho had also, he said. Instructed the patrolmen under him t? look more sharply alter the liquor dealers in their bests or lie would prefer com plaiiits against them, Officer Hon bears a good reputa tion lor sobriety nnd attentiou to duty, 'loner was )Mi>ltlye, however, that he had given the ollirer beer on many* occasions, and repeated his fi rmer asser tion' that hia arrest nnd that ol his wile were the result ol malice, because hi! would out "staid"' drinka and eig*rs lor the police whenever th< y demanded tlicm. The examination was luriher adjourned until Monday, the 22d Inst Toller threatens to sue theotltcer lor Inlse imprisonment. It Is probable tbe ca.-o will be dismissed unless ihc |>olice produce further testimony nt the next examination. Captain (iarland was preseut aud oflered to ira.<rler Utlleer Hess to ntiolher post, should the Court deem it accessary. Judge Kasmire would recommend no such action, lor the reason that to transter the ofllcer would bo a virtual acknowledgment oi the impiopriety ol ibo arrest, and would lend to cast upon him an unfounded susplc on which It was evidence illd not deserve. The Court wus satislied that the officer had doue his duty, and notlitng more. COURT CALENDARS-THIS DAT. SrrnitMit Court?Ciiahiikrs?Held hv Judge Law rence. ?So*. 21, 38, 44, "7. ss, so. m, us, ?o 103, 107, 10S. Ill, 110. 12U, 1.1.1 14(1, 173, is;, IH.V ill. 214, 272, 273, 2H4, 301, 300. 312, 31ft. M'I'RKMK Comr?liKNSRAI, TkIIM ? Held llV Jndgef Davis, Brady and Daniels.?Nos. 5ft, 4fi, 57. Sn, #2, 90, 70, SO, V9, 143, 143',. 144, 140, 147, 13ft, MS, 140, 1 'si, 102. 152'i, 125lj, 74, HI, Ii4, l'Kl Her 11 kms Coi'sr?frwui. Tkkm?Held by Judge iJtrremore.?Demurrers?No*. 4, ftt n, m I,aw and I net?No*. mi. <17, 423, 3B3, 40".', lift. 112, 311, 40, ais, 340, 3S4. 322, 200, Ml, 362, ;:c;i, 410, 4il. m-i-rkmk Copbt?ciarrit?fart 1?item by Judge : Don oh ne.?No*. Ifi4ft, 847, 142">1721, 1.111, 14H4, 1487. lft?, 1.19. 1?2I?. 10*4, 1040, 2am, 2S/.s, 1710, 17 ,0. 1741, 147;'. 2*?.l. 2381. 2.112, 2:133, S.TU, 2334, 2770, 1759, 17rt.V 17ft7. 357. 133a. I.I.11, 1377, 1?37, 1174, 1741. 1783, 17S'.l. 1777, 14H0, 124ft, 1444 lfttl, loll, 1H67>#, 4 J.I, 1823. 1401. lTt'ft. 1707, 170.1. l'.rt Ileal by Judge Barrett ? Ca?e 011.?No 2339. N? day calendar. I'art 'X?Ad|ourned until Mnn lay, M ty 14, 1*70. r?cr**ion Com*?Cikskrai. Tkiiw.?Adjourned alne die. M ention foi RT -Si rrut. Tkrm -held Judge Mofii ll ? Issue* ol lacl?No*. 11,3, 13, (3. 37, 32, U MfraittiinCofRT?'Tiiiai. I'irh?I'art 1?Held by Judge Curti? ?No luli, Ml* 71ft, si20, l?17, Itfo. liii'i, 1042. 1002, 7?7. 1081, loSJ, 10*3, lost, I11H.V I'art 3?Held In .Iu 'kc >.>n onl.?No* 057, 048, 2#1, H97, 1875, 1037, Wirt, 722 741. *?'>?'. 110. Itt'4, *:!?< irtti Cokmox Pi.kas--(>kmcrai, Tkiih -Held by Judges Daiv, Hobinson and \ an Itrniit ?Nos. 48. ill, ft, 0, 22, a7, 40, 42. 4.1. 52, V., ft7, mi, #7, ?0. 72, l*o, in. Com mom I'i.kas? Mycin TRM?Held by Judge J. K. Dal.v.?No day i al< mlar. t'onnoN l'i.has?Taut. Tr**?Part 1? Held by Judge Van llotsen.? >os. ttfw. 17ftl'? 2?7?, 1007. 1 >M>, 1718. !*VV (>'.??. 2447, 1104. lissi, 1621. 2103, 16H0, Ki.'? lui 7, 177. 14;A 1104. 13511. 1871, 3o7S, 1074, 2112, 1144. 2115. 2117. I'art 2. ?Adjourned. Manos CocrT?TriaI. Tkrm? I'art 1? Held by Judge SbemUr. ?Nos. 7 114. 3l?57. t i.Vl, 2J'??. .'4IS. 405H, 407'2, 4103, 41M4, 415*7, 410'J. 4200. 4201. 420ft. I'art 2 ?Held fel .1 :,Iw'. lie |f|t N0*. ..Is;. ?lo4 M ;BM4. ?|J#, 4125, 7821, 2ISO, :iVfl, 40t*t, 3481. 42 s-,. 4207. 4211 ? I'art 3?Held br Judue Aiker.?Nos. 70ttl. 70;Pt, 7464, ?4.'>s. 44A8. 7265, MNlft, <S4;?. 7442, 7302, 747s, 0800, 42-0, MUM Coi nT or (jr>rRAt Sttssioss?Held by Decor !er Hai kett. ?ri e J'eoplo va. I'airiek Mirkey*. grand lar e-n?. (oniintted; s?mo v?. Ch-rles Murufiy. lie e Cailagli n, burglary; !*nme vs. \\ nliam Jol.u . . mj | larr; Same vs. Martin Kelly, burglary; Saw#vs. Isaac Franklin, receiving stolen goods; Mama va. Edward Sharkey, petit larceny. A PRIEST SUES FOB DAMAGES. Yesterday the attention of tbe Brooklyn Oily Court, ; Jud^e Xeilson pr.siding, was occupied in the trial of ; the Mult brought by Adeiburtus Nlelcusxuy, a paster of Sl Stanislaus Human Catholic chnrcb. In Thirtv-flrst j street, Now York, against Anion l-ombui, to recover 1 damages in the auiu of $.'>0,(10(1 tor alleged defamation of i character. Tbe defamatory remarks consisted In tbe ? expression, whl< h wa< in the Polish lauguase. "Pastor Nirlcustuv bait also stolen $100.'' The offensive lan guage la alleged lo have been made use ol in the pres ence ol oibers. The case, which attracts much atten tion among the Polish Catholics, will bo concluded to J-T UNITED STATES SUPREME COURT DECISIONS. W.isni*<iTo*, May 8, 187& The Supremo Court of tbo United Stateeyesterday rendered decisions us follows:? No. 21-1. Hreckendorfer vs. Faber.?Error lo tho Cir cuit Court lor tne Southern district of New York.? Tula was u bill tiled to restrain an ulleged iulringement by Faber ot an Iniiirovemeut in lead penells, consisting in thu construction of a pencil enlarged aud recessed ut one cud lor the reception ol an eraser. Tho do dsion is that In the construction of tho pencil patented ! there is no tew result in tho combination ot the lead i and tbe eraser which will make the Improvement 1 claimcii patentable. When ihe oue Is used tba opera tion is (he same lis i! the other did not exist. It is the ?Mine as it there were two articles, tbe one a pencil and tho utbor an eraser, it may be more convenient to have ihcin tinned In one bolder, but the principle is the auitie as 11 they were not so held. The parts claimed to be combined are distinct and disconnected and have no jo'iit operation. It is also held that the decision of the Commissioner of Patents on Ilie ques tion whether an improvement on an invention* is patentable Is not final, bill will be reviewed by the courts. Ailirmod. Mr. Justice Hunt delivered the opimou. Mr. Justice .Strong dissented as to the patent ability of the improvement. No. 98!. (>ailieidvs. United States?Appeal Iroiu the Court ol Claims.?It is liero held that a proposal or bid made in pursuance >d a department advertisement, and its acceptance by the department, creates a con tract ol tlie same lorce and effect a-II a formal con tract luid been written out.and signed by tho parties. The Court ot Claims, however, held that tho contract In this case was mvaiid oecause a schedule of time was not u ven m the department notice. It Is hern said that the distance being given, the number of trips per mouth to be made and tin time of arrival and depart ure even, Ihe notice was sultlclent to sustain a postal contract, and it was valid. Reversed. Mr Justice Hunt dolnercd the opinio#. No. J1.J. New York Life Insurance Company vs. Hand sou?Krror to tho Supreme Court ol Appeuls ot Vir ginia.?In this esse it Is said the pleadiiics as well lis tbe Instructions asked and relnsed present questions of general law alone and no lederal question was decided or necessarily involved. Dismissed lor want of juris diction. The Ch.'?( Justice delivered the opinion. Dis senting. Mr. Justice Hradiey. No. von. The United States vs. Raymond, assignee in bankruptcy of Maybln and twelve other coses?Appeals irom the Court ol Claims. ? These are a number ot cases in which ihu identity ol captured cotton wan lost and ihe property ol the differont owners could not be tracod. Much ot the cotton was taken for military or defensive pur'poses in i be siege ol Vtcluburf, at.d much of il was stolen, destroyed and lost. After the surrender of Yicksbur* all that was of any value was col let leu and became intermingled, and >vas stored in a tx uimou mass, lu this condition it was forwarded and sold by tlie Treasury agents. The Court altlrms tbe Judgments ol the Court ot Claims, sustaining the creation ol a luiul out ol the ino'iey r allied lor Ihe cottou, and distribute iQg it ainoni: the claimants, as a lund in trust for thai purpose, upon their establishing their claims; and attlrniiiig tun propriety of the uppoimmentol a commis sioner to pass upon the accounts presented. Tho Chiof Justice delivered the opinion. No. 407, Harney, collector, vs. Watson, &c.?Error to the Circuit Court for the Southern District ol New ; Y'ork.?In this case the importers paid an ad valorem ' duty on certain fluunels w nhout protest, but alterward, ; when the Collector exacted a specific duty on the same goods, a protest was served, but net until after the do. j partiuent had sustained tne Collector, (in tlie trial the I verdict was nearly twice tbu amount of the sjiecitlc ? duly exacted, as to which excess tliero was no protest, j Tho" Court held that there could be no recovery except ] as lo the amount corored by the protest, and' reverse ' tbe judgment. Mr. Justice llradiey delivered the . opinion. No. 007. I'uitod States vs. Row?Appeal from the ' Court of Claims.?In this case it is held that it is in cumbent upou a claimant uudcr tho Captured and Abandoned Property act to establish the fact that the property captured or abandoned came Into the hands ol a Treasury agent; that il was sold, and that tho proceeds vt the sale were paid into tho Treasury, and that he was the owner anu cuMiled to the proceeds. < There must be evidence connecting the receipt or tho property by the Treasury agenl with the payment of' the proceeds of that identical property Into the Treas ury. To show a fund in ihe Treasury arising out of such sales. In trust lor somebody, and thai tho claim ant property, alter capture or abandonment, came uilo the bands of a'l'rousury agent is lioi sulllcieut. Reversed. Mr. Justice Strong delivered ilio opinion. No 223. Sliuey. executor Ol St. Marie, vs. Ihe Culled Stales?Appeal irom the Court of Claims. ? In this case the Court agree with the Court or Claims that the claim of St. Mane for an additional $lft,OM) lor ser- ' vice in apprehending Surratt, were not such as to en title him to the reward tillered lor his apprehension. Tho giving ol the iiiioruiuiiou which led to the arrest, say the Court, anu tho act ol making It arc distinct things, and were so recognized in the proclamation offering ilio reward. As M. Marie did not make the arrest there was no contract between htm and the government as to tbe reward, llesidea, tho offer ol the rcinard was with drawn by an order ol revocation live months belore | any inloriir"!on was given. Affirmed. Mr. Justice Sway no delivered the opinion. lu>. Whit Held vs. United Stales?Appeal from the j Court of Claims.?In mm case It is held I hat cotton sold ' to the Confederate States during t lie war by a resident j or Alabama, he receiving Confederate bonds in pay ment. piuscd to the Conlederato States and became their properly, liable to capture and conllscatlon by the government. Nor did It aflect the trausler that the CoiiledcratoStates alterward became Insolvent. The contract was executed before thn insolvency, and com pleted sales in such cases will be enforced, although ' contracts of sale in aid of the rebellion would not be. Tho Chiof Justice delivered the opinion. No. 176. I'liited States vs. Dickelman.? Appeal Irom ' the Court ol Claims, Tilts was a claim for damages, by a Prussian subject, lor the detention ol the ship Essex, i at New Orleans, by the military authorities, in Septem ber, 18(11 Tho substance of the decision is, that by . going to New Orleans the Essex subjected heraelf to tho operation of m ullal law, and must bo content She went there lor tain. and voluntarily assumed all the chance* of the war Into whose presence she came, lly ' availing herself of the privileges granted by tbe proc In mm ion opening tho port, she, iu cil'ect, corenantod [ not to do any acts In violation of tho laws of war. The i commander of the array there, finding on board the ' Essex certain articles contraband ol war intended for ' use to priimoto tho rebellion, directed (hat she should not clear until those articles wero landed. His order was law, and the Essex n entitled to no ilamaies nnder our treaty with Prussia or by tho general law of natlous. Reserved, with directions to dismiss the pe- j Ulion. The Chief Justice delivered the opinion. No. 202. Nicholas de las Ca#a?. appellant, vs. tbe steamer Alabama?Appeals Irom the Circuit Court of the t'nilod States lor the Southern district of New York.?Mr. Justice Bradley delivered the opin ion of tlie Court reversing tho decree of the said Circuit Court und remanding causes lor further proceedings In conformity with tho opinion of ibis Court. Dissenting, Mr. Justice Cliflord. 78; Charles K Tyug et ai., plaintiffs In error, vt. Moses h. Orlnnell? In error to the Circuit Court of the j I'mted States for the district ol New York. ?Mr. Jus- ! lice Cliflord delivered the opinion id the Court, nfllrm. j ? tig i lie judgment or the said Cir< uitCotirt in this rause, . with costs 211. Frederick Robert ot at, appellants, vs. Tho Pro- j pellor Malfttea. *c. ? Appeal Irom the Circuit Court lor ihe southern district ot New York. Mr. Justice Clif lord delivered the opin.on ol the court, reversing tho ticcrro of the said Circuit Court, with costs, mid re manditig the cau-e with directions lo enter a decree af llrrntcg the decree of the District Court 21U. Steam Kerry limit America. *c., appellants, va. Camden and Atnboy Railroad and Transportation Com pany ?Appeal from the Circuit Court lor tbe Southern district ol .New York. Mr. Justice Cliflord delivered tho opinion of tho court, reversing ilie decree ol the said Circuit Court, with costs, and remanding tho cause lor further proceedings in conformity with the opinion of this court. lttt. II. N. Spcucer, appellant, vs. The United State* ?Appeal from the Court ol Claims. Mr. Justice Waiie delivered Hie opinion of (lie court, affirming tbe judg ment ol said Court ot Claims In this cause. NAVY YARD INVESTIGATION. coxcixsiox or mr.m i.abobs. Tho sub-eommlttee of the Congressional Committee nn Naval Atlaira concluded their labors in this quarter yeidorday iiltcrnonu. Tlie committee has Ix-cn here ten day* and has held sessions in tho Aftor House eight days, during which time It has examined over luo w nuclei aud takou ?,ftOO pages of testimony, Kvactly what this testimony amount.- to ainl wlmt has been di vulge! liv tho witnesses is not known by any one out ride the committee Itself. hut the general tmprcwlon it that I hi- result of tlic committee's labor* will lull far short ol what was CKprcted. Dunns jresterday's ft'* aiua tome ten or twelve wnm\-s"? were over hauled. .VtnotiK these wai Mr llenry Clew a, who ?n* roqueted to tell all about his mrinnil ol procuring the position ol I'niled Mate* Naval .ttgfnt at ? In- |?irt; Fay Director Cutter, who diibwtw from $2, mm,mm to M.Ouo.imw of government lands annually. Mr. Walton, ol ibr tirni ot Walton Hrothera, the parties who iiav?< had sereral contracts lor tiirniabiti^ war vessels with hcatlnc ap|iaratua; Quartermaster vergeant I lean, of the Marine corps, the individual who keep* the ''Canteen'1 at the Brook lyn Nary Yard and nets aa "par shaver'' for the marine* and tatton<; a member ot the tlrm of Drexel, Morgan k Co.. who teat died to the nmonut of ^eoietary Kolie-nti's private Ixtnk account; William Matthew ?. a ?o|| known contractor; Mr. Cro/an. a sub euBtractor; Mr Seorge Heed, chief clerk to John K ? -rli; Mr. William Wallace and Mr. Draper, the sue- j Itonrer. I'ay Director Cniter was requested to prepare a statement 01 at| unpaid bills, nr.<I this he will do at once and forward to the committee at Washington, ' whore several acsskms will yet be held, and where 1 some hail dozen Witnesses, who hare not yet been be- ( lore the commiiti e, will bo required to go. BeMUes ti.e testimony taken the committee haw re- J solved report* of all the heads of dopartmeata and cluel* ol bureau*, allowing ibo amount of material and men on band, the amount of old material sold and le i moved, au't the number of men appointed and removed by the Secretary'* own onlere. ? Tne committee left town hint evening, Intending to ?top over at Philadelphia today to bo present al the opening oft be Exhibition. REAL ESTATE. The following tale* comprised the business al Ibe Exchange Salesroom yesterday K. H. Ludlow & Co. aold, In foreclosare, a house, with lot 25x100.11, on the north side of 113th street, 345 feet weal of Third avenue, lor $2,500, to the plaintiff. Junius H. Miller sold, in foreclosare, a plot of land, j 1110x317, on Palisade avenue, 40*1 leet north of South avenue, Yonkt-rs, for $17,750. to H. F. Spauldtng, R. V. Harnett sold. In foreclosure, a building, with lease of lot about 20x09.11, ou north side of Fifty sixth street, 533 feet caat ol First avenue, for $5,100, to the plaintiff. Also, in foreclosure, a house, with lot 18.9x 100.11, on north side of 112th street, 130.3 feet coat of Fourth uvenue, for $4, 100, to the plaintiff. A. H. klullrr k Son sold, id foreclosare, tore* bouses, i with lots 02x100.0, on Baxter street. eaH Ride, 135.2 fret north of 1'ark street, for S42.900, to J. W. Andreas and James Casson. Hugh X. Camp sold, In foreclosure, a two story frame house and ono acre of ground, on High Bridge road, Fordhaui, Twenty-fourth ward, subject to a dower j rtgltl, for $2.noo. SAUK or THIRO AXKSVK HANK ASSBTS. K. V. Harnett sold, at the Exchange, also, by order i of 8. H. Hun. receiver ol Third Avenue Hank, 80 I 70-100 acres of land un Union Height?, Tarrvtown, for ' #15,800. TRAVSfKKS l<t?? ?t? a. ?.. 2tun. w. ortHh Philip ! WiMnthoane to Anna U. Woodliuu.c. Mom. Sliiii at., ?. ?.. between rtili mid 0th <iv?., 25x9? 9; aaitu-to Jainra K. Weodhouae and i>tlier? Nob. l.'itli at.. a. a.. (75 rt. e. of 7tli nr , 25xlOH.J; name to J ituies K. Wuodhouae Norn. Pout Itond. i". a.. 5:txirrej;i!l?r (24th wiritli Thoa. K. Cooper and wile to Wiu J. I'reaton <10,000 , tiaiidlmd at.. u *. a.. IIM II. w of'lhiniaa ax.. .'1 il!4th ward); Dealaoii P. Mure* ?nd wlfi to Win. Cuoyan. 880 Pro?|iect nv , ??. 101x100 (24ib wardi : Frances (V Tbouiaon and lm<h>iiid to Jaicea M. Watsrn 'Ol 3tl *v.. e. a.. 24.8'.. ft. n. of 32d at., 24.8'ixrvi, also ltd at.. a. a.. Illi.ll 11. e. iifav. !?, lhlOO.5; Phellx Boylau to Owen Flaherty 40,000 Ooercj ?t., w. a., 123 It. a, of Maiiton. 75x100; Anna M. Kocli and Imaband to Anna M. Molt* Nom. 8th a*., w. a > it. ?. ot M-tth m., JTixilM; Jobn W. I'Hawm and wife to W. Brotiaou Nom. 8th r.v., a, w. correr 84th ?t., 2.>\ltlO; name to Wil liam II. Burturtt 1S,!IJ5 i Mil a*., n. w corner 8Md at., 23.2x5Ux irr.'iiular; ia*ue to Kdw^rd Scliell Nom. ; Madiaon uv.. a. e. corner <l"th at., lo >xl(?.5; Tho.uaa _ ' Pearson and wlte to Robert MeCaffarty Xom. tiwrcl at., w. 125 It. a. of Msnion at, 75x100; Michael StolIt to Aanu M. Kocli Nom. 78th at., >. a., 170 It. w. of 1*1 av., 20x102.2; Patrick Hum* to Kdward Hurna 8,000 ! 144th at., u :i54.5 It. e. ot lid av,, 20x1'<J (2-td | ward): K. (.!. Kennedy and husband to II. II Holly Nom. ltXtli at., a. a., IUO It. w. of :hi ar., lb 8xIt*'. 11; .Simon l|. Morn and wife to Cornelia I> Itice Nom. 125th sr., n. a., 80 ft. e. of . d av., 25xH0.ll; K. O. Vinle and wile to C. Sweaey Nom. Jlnlberrv ?t., ?r, a., iXIMtt. n. of liaynrd at., 4t?xl0lil0; S. V. R. Crnifer. executor, to M. Damtiger 14,000 ? Kirbcrt av.. ?. 133 It. w. of Fir at., L'.'ix-l'lx. irrecu iar C-'ltb ward); A. M. Jackson and wife to Thomnt Mearo 2,100 I aoiiTiiAOxa. Crimen, Peter P. and wile, to P. McCabe,s. w. corner nr. A and (Mat at.; aiao s. a Ct th at., w. av. A: 3 yeara 1,100 Cull. Catherine and huabamt, to John II. Kiker, a. a 74tli ?t., w. 2d av.: ?J montbr <175 I Dnnsirer. Max, to ('atharine U Van Itan-aelaer (ex ecutrix), w. a. Mulbe'r]-at., a. of llayard; 1 year ... ?,-t00 Same to S. V. R. friijer, w. a. Mulberry at., a. of Bay- i ard : B montlia 11,400 i Mr iuire, Mary aud othera, to Caroline A. Brewater, a. a. 14 d at., a. Alexander av. <23d ward) ; 2 yeara 1,000 , Peyton, Mary J. and buaband, to II. B. Olatlin, e. a Kllaabeth at.. No. 2!<fl; alao I l.'itli at. : 1 year 20,000 ! Shelley, liewls K. and wile, to P. M. Denver A Son, e. a. 2d av.,ti. SDnst.; 1 year 4,000 I Wallacb. Abraham and wife, to P. Aruaiid. tun sr., a w. 80th at.; 3 yeara 4,500 THE POLICE COMMISSIONE RS. At the meeting of the Board ot Police Commlftsionera yesterday, Officers Gallagher, Twenty-second precinct and Durns, Tweuty-serrnth precinct, were dismissed. Roundsman Fuller, of the Telegraph Department, Central Ofllce, was transferred to the Fifteenth pre cinct, and Georgo W. Williams was appcinied Dump In spector, In the place of William Farmer, removed. It was also resolved to direct the Street Cleaning Com, miltee, on and after the 15th inst, to remove all garb age and ashes between the hours of six 1*. M. aud six A. M. Late on Mouday evening the Commissioners In session dismissed all complaints pending prior to the 1st of January because they were tried before a majority of the pres ent Coiutnixsionors came into ofllce and tha?, the pres ent members bad not tlie opportunity to judire whether the witnesses were credible. This action disposon of tho cases of Captains Williams, Ktllilea and McCul lough. The following captains were eacb fined five days' pay on the "gutter *ntpe" chargedLowery, Sixth; McKlwain, Seventh; McDonnell, Klglnh; Caflroy, Fitth; Van Dusen, Fifteenth; Allaire, Fourteenth; Garland, Kidnoimn, und Steers, Twenty-ninth. Captains Williams, Staers and Tynan were ordered to be reprimanded by the President of the Bourd, the former fur conduct unbecoming an ufllcer aud the two latter lor neglect of duty. STEALING REGISTERED LETTERS. Yesterday Special Agent Sharrett caused the arrest on warrant ol Alexander Sirauss, charged with forgery < and robbing the United States mall. On the 20ih of { April last Strau*t<, who was a clcrk In the employ of the Ledger ofllce, presented an order at tho registered letter depart mrnt of tho Post Office, purporting to be ' signed t.y Mr. Robert Bonner, per Charles Lewis. This order called for tho registered loiters addressed to the i ledger oillce, and theae, fourteen in number, were de livered to Straus*, who retained tbe letters, nbsiructed their couients and then decamped Sirauss, immedi ately aftiTh'S arrest, was hruugiii before United Stales Commissioner Shields, who hold him for examination j In $5,000 bail. CORONERS' CASES. A child, at No. 05 Forsyth street, fell from a third story window on Monday night and died from Its in uries yesterday morning. In tho case of Thomas Glenn, sged eleven, of No. 129 Gocrck street, who was run over on the 29th ult by an icccart, the jury rendered a verdict ol accidental death. l'eter Rrlen found the dead body of an infant, about nine months old, with its head cut off, at tbe dumping ground at the lo*jt ol East Twenty-second street yester day morning. Officer McKenna, of the Kig.iUcmli pre cinct, said tiiat it had come o?l of Bcllevuo Hospital in the ashes carted od'. The body ol an unknown man was found drowned at the loot ol West Eleventh street yesterday afternoon hy Officer Carey, ol tbe Ninth precinct. From the dress it I* supposed that he was a sailor. MARRIAGES MD DEATIb. MARRIED. Hixiixn? Hor*r*A!t.?On May 7. 1878, by the Rev. Dr. Ellsogood, at Ins rc*:iJeu<e, East Now York, Mr. Jam us K Mucins to Mrs. JosKriusK Hoi>k>ias. l.iTTi.KJonx-^TrAKT.?Al St. John's Episcopal chuicli. Glasgow, on the l'Jth or A)>rtl, by the Kev. l)r. l'etincy, Fkaxk B. LiTrr.KJonx, ol New York, to Ei.isk Thomson, second daughter ol tho la to Robert Stuart, K*| , ?l Glasgow. No curd*. Stutvksant?CosiMiiiAM.?On the 19th of April, at Christ church, si. Ixtuis, by the Rev. M. Schuyler, ]>. D., Wii.i.tax S. Stuyvbaant to Mikiam Comix; ham, mecn or Captain John .V Botlnjjor, all ol St. I.uuis. N o cards. DIED.. Ackkhmais. ? Of typhoid lever, on April 23. at Cata nia, Sicily, Hkrmann .Vckkrxaxs. late ol Dresden, Ger many, lornu-riy of New Yorlc, in the49tb year of hi* age. AfnTtx?On Mouday, May 8, Mary A. Arnrtx, in the TIM year 01 h r ape. Tin- relative* and Irlenda ol tho family are invited to nttrmi Iho luneral, ou Wednesday, the 10th nut., at one o'clock, Irotn the residence of ner son-ln law, Z. M. Muliln. at 14.T Eldndge st. BoHU.?Ou tli?> 8th mat., Sarah, wife of Jacob BocUm, to the 08th year of bur aye. Relatives and iru-nds are invited to attend the Itinera!, on Wednesday, the loib inst.. at ono P. \t., from li< r late rntdMnn, So. 117 Kast.'itfih ft, Haulamink.? Al Newark. N. J., on tbo 9th Inst.. IIksaib Jkavikttk, tnlant daughter of I'etcr H. and IsalvT I, Kullautilie. The relatives and friend* ol the lamily are Invited to attend the hmrd, in Tlir<d?y. UUi tut., at twelve noon, irotn the residence of iho parents, .So. 3 Went ]*ai k si. Ha %nv.?<?n Tuesday, May 9, I'mur Brady, a nat've ol the pariah of Killnny. county l-oiitb, Ireland, aged 7ti yea ih iho relative* and friends of lite family and those of hi* son. l<awrcnro llrady, nro requested to attend tbe funeral, trom Ilia late residence, 648 West 484 at. .on Thursday lit It mat., at two I*. M. Interment tu Cal v.irjr. IlKsaoN ?On Tuesday, May ?, 1878, of diphtheria, W \ i. i> k K. Baaaox, nou ol Kolwrt H. and Miotic Beaton, ol llobokcii, N. J., iigad ft \ ears, ."> months and 8 days. The lunernl services will lie held at the home No. -tri Rlaomtleld st, on Thursday, May II, at tbreo o'clock. Relative* an<i mentis are respectfully united to attend, BvKMt.?In Sew York, on May 8, lira. Elixahktii Htknk, wife of Richard B> rno. The Inends uro ir.vned to attend the fnneral, at the Episcopal church in White Plains, on Thursday, tbe l^ib iust., at ieu o'clock. Brow*.?Suddenly, at Fnujbkeejiele, N. T., May 7, 1N78. ot pneumonia,' Nam v O. Browr, widow of Cap. tain I'eier a. Brown, in tho 80th year of her age. Friend* are Invited to attend tho luneral, at l>arir ?, Conn., at one o'clock, on Weducsd.iv, lutli Inst. Take ii .0.1 A. M. train irom Grand Central depot, New Haven R ilroa I. crumby.?At North Now York, May 9, Alsrrt f., ?on of Francis D. ui Josephine Chedeey, aged 1 T*r, 4 month*. 26 days. . Funeral mtvicm will be hold at the residence of bit parents. laitli ?i., Urat brick house caa; of Alexander av.. on the XUh mat., at tea o'clocK. Remains will ba takeu to Woodland Cemoterr, Newark, N- J-, for Inter rneut Dkwby ?Ob Tuesday, May ?, Miss Nasct Dawtt, aged 74 ycarj. The relatives and friends are Invited to attend tba funeral, Irom her late raatdcnue. Na 225 East 127th at.. Harlem, on Friday. May It, at ten A. M. Dihwu?Oa Monday, Ma* 8, alter a short but severe Illness, Hickman Disrsskji, in (he 54ih year ot bin age. Tha relatives and Irlendsortbo family, alio the mem ber ?< of tbo New York tiardanera' Association, are re spectfully invited to attend tbo funeral, from hi* laio residence, corncr ot loutb st and 9th av., on Thuraday, May 11, at nna o'clock P M. Ooi'ghkktt?Monday, May 8, Wilmam Docgbbbty, aged 43 years. Relatives and friends of the family are respectfully invited to attend the funeral Irom his late residence. No. 107 Project St., Brooklvn, on Wednesday. at two o'clock, P. M. ; tho body will be taken to Grace chapel. High st.; remains interred in Greeuwood cemetery. Diluo.v?On Monday, May 8, lh7?. Mabuabbt, widow of the Isle Jonathan Dillon, of Waterlord, Ire land. in the 7Mli year ol her age. Relatives ?ud friends of tbe family are Invited to at tend the funeral, at tbe residence of her sou, Jonathan Dillon, 218 Kast 117tb st, on Friday, May 12, at Ma A. M. Waterlord (Ireland) and .San Fraaclaoo (Cal.) papers please copy. Drxrnv.?On Monday, May 8, 1878, William Dcnpht, in the 36th year of bis age. Kolativcs and friends of tbo family are respeotrullj invited to attend bU funeral, Irom his late resident*, 51 Henry St.. to St. James' church, James st.,at half* past nine o'clock, wbero a aoletuu requiem mass will be celebrated for the repose of his soul; and tuenec to Cal vary Cemetery at one P. M. Dublin papers please copy. Kksut. ? tin Monday morning May 8. 1878, at hor resilience. No. 333 West 35th st.. Makia Loi'isa, wife of Louis Krnst, in the 35ib year ol licr ago. Relatives and friends are invited to attend tbolnneral on Thursday, Mav 11, at two o'clock P. M., Irom St. James' church, No. 210 Kast 15th St., near Stuyvesant square. Flanders.?At Mount Vernon, N. V., on *ey ?, Sakaii Flandkks. widow of tbe Into A. P. Flanders, la tbo 70th year of her age. Prayers ui her Into residence, tn Monnt Vernon, at one I'.' M., on May 10. Funeral at Bradford St., at three P. M., on May 11. Klkct.?Ou Monday, May 8, 1876, riuscis Flbet, M. D., ill tho 60th year of his age. The relatives and fricuds ol the latnily ara respect fully invited to attend the funeral sorvice.s, at bis lat? residence. No. 286 Hudson St., thai (Wednesday) after noon, at two o'clock. Tho remains will be taken to Patersim, N. J., on Thursday, tor intcrtneni. Gallaohbk.?Suddenly, May 0, at hall past two P. M., William Josui'ii Uallauiibr, iniant son ol William and Lixz.o Gallagher, aiced 7 mouths and 22 days. Tbe luneral will lake plate irom the residence of hie parent-. No. 1*6 Hestor St., on Thursday, May 11, at one o'clock P. M. Hallock.?On Tuesday, May 9, Bkrtir, youngest son ol Josoph T. and Emtna Hallock, aged 1 yoar and 3 months. Kelntlves and friends of the family are respectfully Invited to attend tbe luneral. at tbe resldeuce ot bil parents, 131 1'orry st, on Thursday, at one o'clock P. M Hkriibrt.?On May 7, Victoria, tho beloveA wife of Richard Jacobs Herbert, voungeat daughter of tbe lat? H. H. Cohen, formerly of ft. Louis, Ma Funeral Irom sit Cloud Hotel. at ten A. M., Wednos day. 10th Inst. Relatives und friends aro invited to at tend. Howako.?In Brooklyn, on Monday, tbe 8th Init, Colonel John R. Howard, In tbe 47th year of his age. Tbo relatives and Iriends of the latnily are respect fully Invited to attend tbe funeral, from bis late resi dence, No. 3a2 Greene av., ou Wednesday, the 10th inst, at two o'clock P. M. Hoi-kins.?Ou the 8th Inst, Thomas Hopkins, ageo 47 years. The relatives and friends of tho family aro respeot fully invited to attend the funeral services, this even ing, at elyht o'clock, at Na 210 8th av. Remains will bo taken to Greenwood on Thursday, at one o'clock. Pyramid Loduk, No. 490. F. asd A. M.?Brethren, vou are hereby summoned to attond a special com munication to be held a,t our lodge rooms on Wednes day evening. May 10, at half-past seven o'clock, foi the purpose of paying the last tri'iute of respect to tb< remains of onr late Brother Thomas Hopkins. By order. JOSEPH NASH, Master. Thomas G. Gkocxskll, Secretary. Hkk.nandbz.?At bis residence. No. 103 West 14th st, on Sunday, May 7, Antonio Hbknandkk, of Venezuela. The Mineral will take place on Wednesday, 10th Inst, at St Francis Xavier's churcb, West 16th st, near blk av., at ten o'clock A. M. a kai.t. ?There will bo a solemn requiem mass in thi Cburch of St Mary's Star of tbo Soa. Court st, Brooklyn, on Thursday morning. Illh Inst., at mn* o'clock, for tho repose of tho soul ot tbo late Mrs. Catharixk Ukaly, ii being tbe anniversary of hbr deaih. Requiescat in paco. Frienas and relatives aro respectfully Invited to bo present Jkwkll.? On Tuesday morning, May 9, at Colemaa House, Sahau H., beloved wile of Jamos A. JewelL Funeral ou Friday, May 12, at one o'clock P. M., from St Aun's Kpiscopal cuurcli, West 18th st Rela* liven and Iriends are invited to attend. Kavanagu.?On Monday, May 8. 1876, Eusa*bt*. relict ol Patrick Kavanagh, aged 72 years, a native oil Enniscortbv, county Wexford, Ireland. Rolatlves and friends of the family ars Invited to attend tlio funeral, from ber late residence, 29 fecammel St. to-day, at two 1'. M. KrLi.rxio.?At Nor walk, Conn., on Monday morning, May 8. Tammy, wifo of Charles Kellogg, and daughter of tho late Benjamin Mead, of Somers, N. Y. Funeral from her late residence, on Thursday, tho 11th lust, at tlireo o'clock P. M. Traius loave Grnud Central depot by the New Haven Rallrojd at 12 o'clock M. Carriages will meet the train at South Norwalk depot. Macomb.?Suddenlv. on Monday, 8th inst, Aijix ATti'Ba S. Macomb, of this city, in the 62d year of hla age. Rolatlves and lrlcnds nre respectfully Invited to at tend the funeral, at Calvary church, on Thursday morning, at clevcu o'clock. IIillkr.? At GtiucnOcrg, N. J., May 8, Frbdbbicba Mii.lkr, aged 77 years. The relatives and Iriends are respectfully Invited to attend ihe luueral, on Wednesday alternoon, tbe 10th, at two o'clock. Irom the residence of her sons. Fred erick W. and Daniel Herrmann, corner or Franklin av. and 1st St., Guttcnherg. McNary ? Iu Brooklyn, May 7, of pneumonia, Silas Camrron McNajsy, in tne 29th year ol bis nge. Funeral will take place Irom tbo Srcond Presbyterian church, Clinton, coiner ol Fulton st., on Wednosday utlornoon, tho loth inst., at hall-past two o'clock. Friends and relatives, and also the members ol Bed ford Lodge Na 574, F. and A. M., are respectfully in vited McClobkbt.?May 9, after a short illness. Ansa Maria, thi beloved wife ol James McCloskey, aged 29 years. Funeral from her late residence. 321 East 85th st, this day, Wednesday, ai four 1'. M. Her remains will b? taken, per steamer, to Troy for Interment Troy, and Londonderry (Irc.and) papers please copy McNamara.?Ou Monday, May 8, William F. Mo N a.ma ha, counsellor, Id the 29th year of bis age, at tb< residence of his mother. No. 47 Henry Bl. The funeral will take place Irom St James' Roman Catholic cliurch, on Wednesday, May 10, at cleveB o'rlock. The frlenus of the family are invited lo attend. Marti*.? On Tuesday morning. May 9, of diseaso of the heart. Jo-Ki'H Maktix, aged 42 years. Funeral Irotn lii- IaIo residence, 544 Hicks St., neat Union, oil Thursday, Mav 11. at two o'clock P. M. Relatives and friends are rospocifully invited to attend. Nkwkirk.?in New York. May 8, 1876, Jon* P., sob of Joiin I'.* and Angle Newkirk, aged 20 years, M mon t lis. The relatives and frlunds of the family, also of bit uncles. Judffe James M. and Henry H. Naprkirk and F. P Gmitier. E?|. Jersey City Heights, are respectfully invited to utiead bis luneral, from his late residence, Na 2."> West 23d st, on Wednesday, 10th Inst, at twe o'clock. Pkvtx.?f>B Tuesday, May 9, 1876, Eubasbtb Pbbtb. widow of the late John Q. Pentz, in tho 83d yoar of bel age. Funeral from the residence of John Pye, 209 East 79th ?l., on Thursday Mtcrnoon, at one o'clock. IloaavriRLo.?On Tuesdsy, May 9. Samho* Ross* fiki.d. only son of David and Rosa Rosenfleld, sged 1 year and 6 months. , Relatives and Irlenda are re?pectft?11y Invited to at tend the funeral, tragi tbe residence of Jacob Roseatield, No :?04 West 27tb st, on Wednesday, at one o'clock 1* M Rkock. ? On the 8th Inst. Job* H. Rbock, aged 61 5 X funeral will be attended from bis late residence, No. 20-. Mulberry st., Newark, N J., on Thursday, tlie 11th m?t. at ten o'elocB A. M. Relatives ana mends of tbe family are respectfully invited to attond. Interment at tbo convenience of tbo family. Sour.?On Monday, May 8, Fbaxs Sony, sged 30 J Relative* and friends aro respectfully invited to at tend tbo luneral, from his late residence. 80S East 6th st rear av. B. on Thursday morning at nine o'clock. SrnAiirK.?At Flushing, u L. on Sunday morning, May 7, Rev Wiluam B. SrRAurB, D. D., in tbo 81st year of his ago. Funeral services will be aeld In the Congregational churrh. In Flushing, on Wednesdsv afternoon. May 10, at lialf-past three o'clock. Train leaves Hunter's l'oliu for Flushing (Main St.), at half-past two o'clock P. M. 8?iitrr.? Suddenly, May 8, Hknbt N. Sqcibb, ol Stamford, Conn., aued 42 years. Tbo funeral aorvici-s will take at tbe residence of bis mother. No 5 F.ast 49i!i st Interment at Stamford. Simonsox.?At I'ort Richmond, Staien Island, on Tiifstay. Msy ??, Ki.basor Vasoikhii.t. wife or Captala Isaac Simonsou. In the 67lb year of her age. Relatives and friends of the family are respectlnlly Invited to attend the funeral, from' Reformed cbarch, Port Richmond, on Thursday. 11th inst.. at two P. M. STXRLlMi.?Ou Sunday. May 7, suddenly. GracI Ixh isk. ilaugliter of Richard n'ud Caroline A. Sterling, age* 6 year*, 10 month* and 11 days. Funeral servico-i at St. Mary's church, Mott Haven. Alexander av. and 142d st, ou Thuis.lsy afternoon, al four o'clock. Relatives and friends "are Invited U attend. W 1ST*a. ?On Tuesday, May 9, Bblla Wistbb, he loved wife of Kdwsrd W Inter, in the 24thAyear ot bel age. Wilsos.?On Tuesday. Msy 9. ol dlpblberta, Witt iam Krkorrick, Jr., oniy son of William F. and Frances A. Wilson, aged ? years and 3 months. The relatives and friends or the family are respect fully liivttnd fo attend the funeral, on Thursday, May 11, at one o'ciork P. M , from 251 West 15th st Watkrhan ? Oa Tue<?lay nioruing, Otli inst, at ibt residence or ber brother, Severn D. Monlton, after s ?hori illness of pneumonia, Mra. Ei.ua Watbrma^ aged r.8 y oars. Rochester and Cleveland papers bIsbm oob?

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