The Brooklyn Daily Eagle from Brooklyn, New York • Page 4

DiavA bMn ftDVAn a fiA nnt with hfm Iia ahM nnl CHEiVEVIERE INSTITUTE. BEECHER. MERCY. HORE DELAY. Wo Decision in tho Case of tho Elevated Railway company.

4 mm EDITION CPT1CUBA nEJIEDIES. 1UTICUIU. BLOOD AND 8EIN HUMORS. OUTIOUBA RBMBDIRS for tba Treatment of Blood and Hkia and 8calp Honiara. When ot Bcrofulons, Osooer.

mis. or Syphilitic ortito, tbe CUTIOURA BESOLVKaTF is the principal remedy, and If there are'at ths satne ttrae Ulcere, Sores or other Ksternal AHeotlons. then the CUTI. CUBA, assisted by ths CUTIOURA SOAP, must be na externally. If the disease Is of tbe and Scalp, tho Erincipal remedy will then be the CUTIOURA.

with th UT1UUHA SOAP, and such use of the RRSOLVknT prosecuting officers of the County of Kings that he was Suspected in some way of being unduly biased or Influenced or prejudiced in favor ol the defendants, and especially fn favor of the defendant Bennett, and that by reason thereof he was not able to and did not perform his dnty toward these defendants, and as between the people and these defendants. IBA SHAITBB. JESBB JOHNSON. Severally subsorled and sworn beforo me this 17th day of May, 1878. A.

B. Johhbok, Notary Public. BOHEDULE A. Judge Nellson I wanted to ask this about this letter (producing it), and I could not do so, of course, except counsel woro present (addressing the Juror) I simply wanted to ascertain if yon knew the handwriting of this (handing him the letter) 7 Be kind enough to look at this. It Is anonymous, and I am very anxious to una out who wrote it.

Juror Wllmer looked at tho letter and said: "No, sir, do not." which they never rende red. Dady elected to stand a separate trial. The other three stood together. Milne was acquitted and Flaherty and Bennett was convicted. Tbe prosecution and the defense were ably conducted.

General Traoy, the leader or the Brooklyn Bar, acted as prosecuting officer, tho District Attorney not being equal to tho management of a oase so important and complicated. Jesse Johnson and Ira Shaffer appeared for the defense. The testimony was very voluminous, and after It had been half in there was no doubt in any one's mind that the olty had been defrauded, though there were grave doubts as to whether the Jury would agroe that a conspiracy had been entered into to sffeot that purpose. The verdict of the Jury sets the seal of condemnation on the nefarious practice of slnecurlsm. Whether the guilty Commissioners go to ths Penitentiary or not, their trial and conviction will rend greatly to purify the government of the City of Brooklyn.

There has been altogether too much looseness in the local administration in time past. The peoples' money has been recklessly squandered. The rate of taxation in Brooklyn is muoh above that in this city. Flaherty and Bennett has been convicted for doing what has been dons by oil their predecessors, but which was nevertheless a crime. As Tweed's downfall taught our masters a lesson, so the rfvmvintinn nf rhn twn PnVtthn nnmntlDBlnnnw, 8ATCRDAY EVENING, MAY 17, 1879.

TELEGRAMS. The General ITews of" the Day. Two Coal Hlners Burled Alive How the California Constitution was Adopted. The Presbyterian General Assembly. European Matters.

Eastok, May 17. John and Robert Boas, miners, working In tho Glen Iron Company's mince, two miles from hero, were burled a hundred feet beneath the surface this morning by the caving In of the ore washing pond. Robert was taken out dead shortly afterward, but John's body has not yet been found. Xho Derby. London, May 17.

The betting In the race for the Derby Stakes for three yoari' old, whioh takes plaoo at tho Epsom Bummer meeting on Wednesday, May 28, is 9 to 3 against the ch. 0. Charibert, 11 to a against the b. o. Falmouth, 11 to 3 against the b.

o. Cadoxan, 8 to 1 agalnBt tho ch. o. Victor Chief, 12 to 1 agalnBt tho ch. o.

Rayon d'Or, 25 to 1 against the br. c. Sir ferry's, 28 to 1 against the ch. c. Blue Blood, 40 to 1 against each of the following The oh.

0. Exeter, b. a Abbot of St. Mary's, ch. o.

Saltea dor, ch. o. George Albert, b. o. Marshall Scott and ch.

a. Ruperra SO to 1 against each of tho following The ch. o. Zut, b. o.

Yiaoontt and Mr. Lorlllard's b. o. Un caa 66 to 1 against the ch, o. Mulsy Edris, 200 to 1 against the oh.

o. Gunnerabury and the b. o. Indigo, and 500 to 1 against the br. Elf King, Turkey.

Constantinople, May 17. The Porto has discontinued the negotiations with the Ottoman Bank for a loan of 20,000,000, and intends resuming the projeot for the unification of the general debt under the auspices of a Frenoh Syndicate. Presbyterian General Asembly. Sabatooa, N. May 17.

At the opening session of the Presbyterian Assembly a motion made to print the sermon of the Moderator in the minutes was laid on the table oa account of precedent, A memorial depreciating the running ef trains and steamboats on the Sabbath vtaa referred to the Committee on bills and overtures. Rev. Mr. Thompson, of Peoria, D. J.

Burrlll, of Iowa, and Rev, Dr. V. Calkins, of Buffalo, were appointed to eeleoV tho next place for tho meeting of the General Assembly, A motion to publish the minutes from 1837 to 1808 was referred to tho Committee on Publication. The speoial order of the day tho report on ministerial relief was taken up. The report was read, show, ing matters to be moro favorable than ever before; Btlll the contributions to the fond are not sufilclont to meet all calls upou It.

The seeratary said $900,000 have been contributed In twenty four years. During the past year 134 ohurches have given who had never contributed before. There are 400 ministers depending on the fund, beside families. Hon, R. P.

Efnnger, Commissioner from Muncie, lllinola, made a Btirring speech, calling for assistance to the fund, saying he would see that his presbytery Increased its contribution 200 per if he paid it himself. The report of the standing committee was adopted, and Rev. Dr. Charles A. Dickey, Rev.

Dr. H. E. Wles, Elders George Junkln and S. Charles Barclay were aloctad as members of tho Permanent Board, to servo for three years.

Tho assembly adjourned at noon until Monday morn. Tio committee from Each synod to consider the subject of reduced representation ordered yesterday, were flamed as follows Synod of Albany Rev. Dr. Henry Darling, Elder Aaron B. Scott.

Atlantic Joseph T. H. Walto, Andrew N. Curtis. Baltimore Josoph T.

Gibson, Charles Lyman. Central New York Merrill Miller, William R. Adama. China J. A.

Layonberger. Cleveland George W. McDonald, Truman P. Hardy. Colorado D.

E. Fink, John M. Coquer. Columbus Thomas A. McCurdy, Chauncoy N.

Olds. Erie Thomas Fuilorton, Robert It. Mowry. Osneva Charles C. Carr, T.

C. Maxwell. Harrlsburg Thomas Creigh, Rowan Clark. Illinois, Central William W. Farris, Newton B.

Love. Illinois, North Robert W. Patterson, Henry Mitchell. Illinois, South James W. Starks, Lowls B.

Parsons. India Augustus Uroadhoad. Indiana, North John F. Kendall, R. P.

Efflnger. Indiana, South Samuel E. Barr, Daniol Kirkwood. Iowa, North John T. Cowdon.

Iowa, South WilliB G. Craig, Eponetus H. Sears. Kansas Francis 8. MoCabe, L.

A. Buck. Kentucky Samuel Anderson, E. W. C.

Humphrey. Long Island C. C. Hall, Charles N. Brown.

Michigan William S. Taylor, Jacob 8. Farrand. Minnesota Goorge N. AinBlie, Luke Marvin.

Nebraska George L. Little, Samuel F. Davidson. The New Constitution. New Yobk, May 17.

The following private letter fromaCaliforulan gentleman of marked intelligence and keen observation is a valuable contribution to the discussion regarding the secret of the recent adoption of the new California Constitution San FnANoisco, May 9, 1879. Dead Sin Allow me to call your attention to the error made in the New York papers of yesterday, commenting upon our eloctlon of the day before. The ro sult of our election, accepting tho new Constitution, so far from being a victory for Kearney and Communism, was a defeat of both, because they failed to carry this olty. Our citizens can now have an antl Kearney city government, if property, education and roapectabtlity combine, as they have in this last election, "The State and new Constitution were carried by tho Grangori. Tho grange and all its ramifications are purely an American institution.

Witness tho faot that ths new Constitution permits local option. ThlB brought out the whole influence of tho whisky and bser sellers to Join tho capitalists and business men against it. This Orange movement everywhere, as I understand it, was born of the railroad, and its root Is purely a question Of transportation. Tho farmcrB were also promised, by the new Constitution, a reduction in tho rate of iuterest, and they fully boliovod it. The now Constitution aljo caught thorn on the pin hook of no taioB on growing crops." Railroad Intercuts.

Dehveb, Col. i May 16. It Bhould have been stated In tho dispatch sent hence May 15, rogardiug the suit betwoon tho Denver and Rio Grande and tho Atchison, Topeka and Santa Fe railroads that the court required a supplemental bill, amended so that the Canon City and San Juan Company bo a party thereto, instoad of tho Atchison Company, but tho former company being a creature of the latter it did not appear essential. Harvard Men Kowinc. Boston, May 17, In the Harvnrd races on the Charles Uivcr to day, senior sculls, 2 miles, was won by Goddard In Tho junior sculls, one mile straight away, was won by A.

Hall in 7:10. Tho eight oared shell race betwoon tho senior class and law school crows, distance of a milo, was won by tho seniors in 9:10. TKe Difference Between Brooklyn and IVow Jersey. Bei.videiie, N. May 17.

Ex State Senator J. B. Corniah, who was convicted last week, of conspiring to'defraud tho county of $10, 000, was to day sentenced to one year in State prison. J. H.

Sweeney, ex Chlof of Pollco, of the Town of Phillipsburg, also received one yoar. Collision of Trains. hart consented to a verdiot of guilty, bat when Ire fohnd nimseu aione no felt that ht ootua not stana against the InfntaflH rtf Ma S7iA Mfabl tnr vintHM4tn the list ballot, but with great reluctance, and then, at nau pasi ten, we door was opeuaa anu uie announoe ment sent out that they had agreed. So the long trial oame to a close and the straggle was over, so tar as the Jury wars concerned, and ths curtain rose for ths last act this morning. Is There IVovr a Board of Olty Worn 1 There Is no donbt, of course, thatvthe conviction of the Commissioners at once worked their dismissal from office.

The moment the jury brought them In guilty of conspiring to defraud the olty of fifty thousand dollars their offices became vacant. The law on this head Is explicit, and reads as follows I Whenever any officer shall be oonvioted of an (in. famous orime, or of an offense Involving a violation of his oath of offlco, and whenever any election or appointment of any person shall be declared void, the court before which such conviction shall be or by which such decision shall be made, shall immediately give notice thereof to the Governor, stating the cause ot such conviction or decision. The law providing how the vacancy Is to be filled is the succeeding paragraph, which reads as follows: Ths Governor shall immediately give Aotioo of the vaoancy oreated by Bueh conviotion or defflBton to the body, board or officer in whom the appointment to the office Is vested, or whose duty it may be by law to order or give notice of an election, to snpply the vacancy. A question of considerable Importance at once arises, whether or not there is any Board of City Works whether Mr.

Massey, ths President, has the authority to go forward and transact the duties of ths office of the three Commissioners, supply the city with water and properly care for the streets and sewers 7 Could the Mayor as the executive bead of the municipality act In connection with Mr. Massey or in his place were Mr. II assay incapacitated by Illness or otherwise While investigating this subject the Eaolk reporter called on his Honor the Mayor. Mr. Howell was not disposed to say muoh on the subject of the trial.

He did not think It exactly consistent with his position, and no effort was mads to induce him to express himself. As regards what should be done as tor the vacancies, Mr. Howell said that he thought he should make no appointments, unless advised that anotbtr course would ba legally necessary. He was, he said, opposed to three headed commissions, and, in cast the law did not prevent, he proposed to let Mr. Hassey go on and perform the duties of the office.

While tho conversation was in progress Mr. Massey came into the Mayor's office and the discussion of this subject oontlnued. Mr. Massey said ho believed that he had no power to sot in carrying on the Department, no power to make removals or appointments, or do anything except such duties as would keep the property of the olty from reoeiving damage or the citizens from receiving injury through the failure of tho department to snpply water, eto. He would, of oourse, take the responsibility of seeing that the objects for which tho Department was oreated ths Bnpply of water and tho caro of the streets were carried on, but he should not, unless advised, go any further, however desirable It might be to make removals of men who are now paid by the city and are rendering no equivalent or scarcely none for their pay.

While this talk was in progress a subordinate presented Mr. Massey with a requisition to supply a lamp post which had been broken somowhore. Mr. Massey at once declined to act, as he thought it not essential. Corporation Counsel DeWltt was next Interrogated.

This gentleman also thought it not proper to say anything, as the matter must necessarily be the subject ot an official communication from himself to the Board of Aldermen. Mr. De Witt subsequently called on the Mayor, and laid before him the following extraota from the Revised Statutes and from the decisions of the Court of Appeals, as showing that the President of the Board could not act while the vacancies existed. The first quotations was from Volume Part Chapter Par. 29, Bevised Statutes.

It reads as follows Whenever any power, authority or duty Is confided by law to three or more persons, and whenever three or more persons or officers are authorized or required by law to perform any act, suoh act may be done, and such power, authority or duty may be exercised and performed by a majority of auoh persons or officers upon a meeting of all ths persons or officers so intrusted or empowered, unlsss special provision is otherwise made, and whenever a duty has been or shall be enjoined by law upon three or more persons or officers, and one or moro of them shall have died or have become mentally Incapacitated to act, or shall refuse or neglect to attend a meeting of such persons upon reasonable personal notice thereof, then the action of a majority of the whole number appointed shall be binding and effective for all purposes for whloh they were appointed, unless special provision is otherwise made in existing laws, The decision of the Court of Appeals is reported in I. Sickles, page 383. The opinion was written by Chief Justice Church. The question was whether two commissioners could act while the vacanoy of a third existed. The Court held as follows I think cot.

Tho statute appointing them confers the power upon throe, aad provides that whenever the number of commissioners is reduced below three the vacancy shall be filled by the County Judgo. It 1b quite evident the Legislature intended to intrust the powors conferred to three persons, and that the judgment of that number should be requisite to the discharge of their duties. I am not aware of any principle which enables two persons to dlsoljarge a public duty expressly devolved upon three without consultation with the third. At common law two could aot In such case; but it was indispensable that the three should meet and deliberate upon the subjeot (Croker vs. Crane, 21 Wend, 211; 7 Cowy 26, note 22 400).

And this rule of the oommon law has been confirmed and adopted by statute (2 B. S. 555, boo 27). A majority may perform the duty after all have met and deliberated, but two cannot do this when the office ol tno tnira is vacant any more tnan tney couia tne third had not met or been consulted. The power was delegated to three persons not to their survivors or to a majority, and provision was made to fill vacancies, so that three should at all times be in office.

If two could act as survivors why not one? No authority was cited on this point but upon general principles, and the reason of the thing it seems quite dear that the two Commissioners had no power to do any official aot. The Mayor expressed no further opinion on the subject, and it is likely that he will take further counsel. The soction of the Charter providing for a Board of City Works, and specifying the manner of its organization is in part as follows There shall be a Department of City Works, consisting of a President and two Commissioners. The President and Commissioners shall respectively be appointed by the Mayor with the consent of the Board of Aldermen, and all appointments shall be made In like manner. It is manifest that the Legislature, In pissing the Charter, did hot contemplate suoh an emergency as has arisen.

There is no doubt whatever that between President Massey and tho Mayor there is an abundance of power and authority to conduct the Department. It Is suggested that the Mayor, as the Chief Executive of the city would, In case all the Commissioners were removed become charged with the conduct of the Department till new Commissioners were appointed. Gossip at the City Ball. The conviotion of Flaherty and Bennett was the absorbing subject of discussion at the City Hall to day. Mayor Howell was early in his office, and received the congratulations of a large number of prominent citizens upon what they considered a complete vindication of his course toward the ex Conrmisslners of City Works.

Most of the politicians agreed that the verdict took them by surprise, as they had almost given up hope that the jury would agree, owing to their long deliberation. President Massey said to day that ho first heard the jury were oomlng into court while In tho Brooklyn Club in company with General Traoy. He then thought, if the jury had agreed, the probabilities were in favor of a oonvlotlon. He asked General Traoy what ho thought the result was, and the General ox pressed very emphatically his opinion that a conviotion was assured. Perhaps thamoBt unhappy men about town to day were the Republican Aldermen who profited by the fruits of the conspiracy at the last oleotion.

President Bay, who comes from Flaherty's ward, and is a bosom friend of the oonvioted indiplndint, was very much depressed in spirits. When questioned on the subject he said he thought the oowlctlon was on outrage. Knowing the workings of the Department of City Works ho felt certain that neither of the Commissioners had con spired to defraud the olty. That there had been peculations and dishonest practices he knew, but he could not persuade himself that either of the ex officials were cognizant of the frauds, which were committed by subordinates. Alderman Waters, whose election to the Common Council was assured by the aid he received from tho City Works patronage, expressed hlm Belf In much the same strain.

He did not believe the verdict was in accordance with tho evidence. No conspiracy whatever had heen shown, according to the view he took of ths matter. Alderman Mclntyre said he expected the Jury would disagree, espoolally whoh they failed to render a verdict beforo Thursday night. He believed the agreement of the twelve "good men and true" created general surprise. Almost every one of betting propensities was inclined yesterday to wager great odds on a disagreement.

On tho merits of the case he did not think it proper for him to express an opinion at present. Alderman "Dave" Stewart was astonished that the jury had agreed after such an extended deliberation. Other Aldermen, when questioned on the subject, were non committal. A great deal of talk was indulged In by the politicians as to the probable nominations to be made by the Mayor for the vacant places, and speculation ran rife as to who the fortunate ones would be. The Mayor very courteously but firmly declined to state what his action would be at present.

Substantial citizens to day expressed satisfaction with tho result of the trial, and said that It could not bnt Improve the tone of official life and duty in Brooklyn. NOW FOB THB 'INVESTIGATORS' REPORT I The conviction of tho two Commissioners now makes a report of the Aldermanio "Investigating" Committee in order. One of the first acts of tho Republican Aldermen upon coming into power last January, was to appoint a committee to Investigate the "affairs of the Department of City Works." The Eaole had fiuly exposed the doings of the Commissioners, and tho Republican Aldermen, to defend Flaherty and Bennett, and as a counter irritation, agreed to appoint an "Investigating" Committee. President Bay, than whom the Commissioners had no more ardent friend, appointed as such oommlttoe Aldermen Hacker (Chairman), O'Reilly, Graham, O'Connelland Kane, the last two being Democrats. The other three had repaired favors from Flaherty and Bennett in the shape of patronage and were therefore under obligations to them but that fact wat not considered as interfering with their acting as investigators.

The truth is that Flaherty and Bennett had nearly all the Bepubllcsn Aldermen Is their power, and the Idea of their investigating the Commissioners wss simply ridiculous. Thsy never intended to make a thorough investigation and never did make one. The Job was to bring in a report whitewashing the two Commissioners, so that they might enter upon their trial with that official indorsement. The Job, however, mii'oamed. PubUo opinion against it became so strong that even ths blindest partisans of the City Workers saw that they must pause In their work until after the disposition of the ease in court They did take some evidence, which was fully published in the Eagle, and no better evidence of their desire to defend and whitewash Flaherty and Bennett could have been afforded than was shown in the greater part of that evidence and the manner in which it wss brought out.

Alderman Haoksr la reported as having said this morning that the committee wonld on Monday ask to be discharged. A gentleman well known in City Hall circles npon hearing this, remarked To be consistent, the committee onght to bring in a report acquitting the Commissioners of all wrong." A eicar Perception of tbe Point at Issue. (From the New Xork Graphic The trial of Commissioners Flaherty and Bennett, of the Board of City Works of the City of Brooklyn, came to an end last night. The trial has lasted nearly six weeks and resulted in a verdict of guilty. Ths indictment, which the jury has sustained, was found against tho two commissioners and two subordinates in the department Messrs.

Dady and Milne for conspiracy to defraud the City of Brooklyn out of $50,000 by placing on the payroll of ths Board of City Works names of persons who did not work, and actually paying thojafor services Entertainment Last Evening br tbe Pupils of tbo Well Known Seat of The pnpils of the Cheneviere Institute, situated on Elm place, gave an entertainment hut evoning, to which they Invited their friends. A largo numbor of ladles and gentlemen attended and a delightful time was enjoyed. Misses F. and W. Schmitthcimor played several pieces on tbe piano with grace and skill.

The pupils wout through a series of callsthanic exercises and some spirited songs were sung. Misses Birdie KnowKon, Grade Brooks, Julie Stanton, Grace M. Smith, M. Monningor, C. Doorfllngor and Daisy Benny gave several fine recitations In English, French and German.

Tho pronunciation was accurate and tho elocution excellent. Two dramatic trifles were produced, "Auntie Doleful," in whloh Misses Mennlnger, N. Bobbins and E. Doerfllnger took part; and "Saturday at Sprugglns'," the characters In which wero eustalned by young lady pupils. The performance was clover and the points were well made.

The guests expressed themselves highly gratified with the evonlng's sntortalnment, and congratulated Mile. E. Longohamp and Mlas M. A Mead on the graceful bearing and nurksd accomplishments of their pupils. Cayuga, Water, In addition to its other valuable constituents, is very rich in protoxide of Iron, which gives it groat preeminence over all other mineral waters It possesses wonderful efficacy in tho cure of Briaht'i diaeMo, inflammation of the kidneys, diabetes, dropsy, urinary derangements, liver offoctlons, dyspepsia, constipation, rheumatism, oon.

fititutlonal weaknosa and general debility. It a groat blood purifier, and consequently very effectivo in all akin diseues. May be had at Douaua', 423 Fulton st. H. W.

Johns' AsbestoH Liquid Paintx, Asbestos roofing, boiler coverings, steam pack ins. Ac, for sale by Qeobqk Poou So.vs, Hod, 70 aad 12 Fulton st. West Week Xlrursday Will be Anniversary Day. Everybody knows that, and everybody ought to know that tho cheapest and most reliable place to fit out the boys is at SlHTll A PnES binoeb's. 565 and 567 Fulton at, opposite Hanover place.

Clothing never so oheap before. Townicnd's Pboapbated Cereal Tonic, A preparation of health giving and vitalizing phosphates in porlect solution. Uuoqualod for dyspepsia, nervousness, wakefulness, general debility, and mraluibla as a Spring invlgorator and protection against malaria. Uecepttons. Wedding parties and socials supplied with every requisite by A.

Thompson, 30 Clinton st. Every order punctually filiod in first class style. Carpets and Fnrnltnre Cheaper than ever. Good goods at low prices. That is what tells.

Giro OEOUOK WlLSOH a call. cor. Myr tle av, and Pearl at Tbo Old Clotbler Of Brooklyn, A. Ketchtjh, 210 Pulton st, has uiBDwmiuii ui Glut mug lu ail lun labesi styles, wnicn no will sell at ths lovrest prices. Ho Is courtooos and Tollable.

Fancy Slalttnjrs. A great variety of patterns is shown at the carpet arerooms of GEOttOE IL TITUS, 007, OJ0 and 811 Fulton street. Fifty Per Cent. Saved By using Hioqdjs' Gebman Laundbi Soap, be causo it is pare. Ask jour grocer for it, and give it a (rial.

An Important Difference, Tho only sewing machine in tho world without tension and with" stitch throad and needle indicator" is the Willcox A Ornn's New Automatic." A compar ison between this machine and the ordinary rnnko ol tension sowing machines will account for it growing iwjuuUriiy. Send for illustrated loaiiot and doacriptivo circular, and also note important caution therein about needles. 310 Fulton St. Here It Is, And we are not prepared for it Go at once to Suitq A PnessiNosn's, 5CS andST7 Fulton and purohaae an outfit suitable for warm weather. Hoya' and Children's Clotbins a specialty.

Pieces for patcho given away. Sunday Eagle. It contains all the news and tho best literary selections and original matter ol local and genoral inter est. Pretty Chamber Suits, There is a lino of modorato priced, yet strong and pretty chamber seta to be seen in the warorooma of A. PnaasoN, Nos.

fll and 63 Myrtle avenue. Judging from old prices, the customer is amazed at tbe moderate oliarges made for these pretty goods. Great care is devoted to their artitio adornments, and the richest woods are ased in this direction. Every article sold is warranted to bo striotly aa reproaenUd. BAKING FOWDF.n.

OYAL BAKING POWDER. RR OOO TAT, AA A A AAA BAKIW1 POWDEU AAA f. DAKIMQ A ALLL6 POWUliK, ABSOLUTELY PURE. Don't be deceived by the grocer, who may (oil you, for the purpose of making a largor profit, that some otuur bran.l ui jost as good aa the TtoraL Baking; Powder Alum baking powders can be sold at almost any price, and the temptation to soli cheap poisonous powdora la place of the is very groat. Bu( It is an inault to the intel.

llgenoo of any housewife who has uaed tho Royal to attempt to convince her that some other brand la half aa good. The health of the family la of more Importanoe to her than the few pennies more paid for a can of Bovai. BasiKQ Pow DED. REDHEAD'S BAKING POWDER Acknowledges no superior in tbo world. STRIOTLY PURE.

Ask your grocer for it and nke no other. II. W1SCIIMA.VN Solo Manufacturers and Proprietors, No. 7 Fulton nt. OKI" CHI.THVErS.

CMOKY CHIMNEYS CURED OR NO charge. The "GOTHIC" PATENT OHIMNKY TOP la a sure cure where others fail. Hundreds in successful use. APPLIED ON TRIAL FOR 30 DAYS. J.

H. WHITLKY. STOVES, AC, 1H8 Fulton st, near IVass ui. CROCKERY AND GLASS WAKE. I MFUKTANX NOTICE.

A3. RORKE A IN ORDER TO OLOSB OUT THEIR ENTIRE STOCK OP OIIIiVA. GLASS, KARTHRsYWARK, FANOY GOODS, MAJOLICA, PARIAN, CUTLERY. PLATED WARE, Ac, HAVE TAKKN TEMPORARILY TUB BTOHH NO. 504 FULTON STREET, IMMEDIATELLY OPPOSITE THEIR OLD STORE.

WHERE THEY INVITE THE INSPECTION OF ALL IN NEED OF THEIR GOODS WHICH WILL RE SOLD REGARDLESS Ol? C'OaT, TO CLOSE OUT THEIR STOCK. LEGAL NOTICES, TWT Y. SUPKEME COURT. KINGS COUN jM TY Tho Umou Duno Savings Institution of tho City of Nvr York, plain ti IT, ajfaiiut Mar? J. Clark ond others, defendants.

In pursuance ot a judgment of foreclosure na sale made and enterod heroin and datd the 14th day of May, lK7i, th undarniu ned reforeo, will still at public auction, to the hifiheat bidder, on tha 7th day of Junu, 18711, at 12 o'clock, noon, in the rotunda in thn County Court HnutA in thn Citv nf lirooklvn. Kinca Countr. tho landa and doacrirtod in aaid iudntuont aa followa: All that certain uwuiiiuk uuub mu iuw, ytuvn i aituate, lying and b'jing on thn wnntorly aid of Adama gtreut, in tho Fourth Ward of tho City of Brooklyn, and kniwn by the struot number 17 (one hundred amlwi nty), ana boumUd and containing aa followa: lUjtmntiiK at a point on the wwitorly aido of Adams street distant ono hundred and five feet and four inchea southerly from the aoulh westerly corner of Adami and Concord itraets. and running thunoo wefiLerly and parallel with Concord street, one hundrod and Hftoen feel, mure or less, thence aouthorly and parallol with Adams street, twcnty qn feet and four moluw thenco easterly and parallul w.th Concord stroet (through the flentre of a party wall which pur atea the honao erected on the lot heruby conToyJ from th one adjoining thereto on the aouth), ono hundrod nd nf truen feet, more or leas, to Adams street; tUeuc nortnurly along tho wejtsrJj side of Adama street, twenty si a ftwt four inches to the plaoo of beginning, aa the ismo is now oocu pied and incloaad. The aaid prnmiaea uompristj a lot dtyiifi natd on a map ol the property of Comfort Sand mortgaged to the President, DirncUm ami Company of the Hank of New York and filed in the office of thn Clerk of County of Kings as number tW (uiity aix and a atrip of land in tho roar thereof Dated Referee.

AnNotix. RiTcn A Woonvoai), Plaintifl' Attorneys PaTjfjrfaceLNewYork1 3ir 84W BOUNTY COURT, COUNTY OF KrNGS Frodurlolt Hahmor ajiainut Paul Pfeiffer and other tn pursuance ol a judgment of forocloeure and aale made and ontorod in the aboro entitled aoUon on Ihe istn dar of April, MTJ, the undersigned appointed, hereby five notice that on Friday. Mar 9, iU.M the hour of o'clock, noon, at the rotunda of the txiart Uoux, in the Citr of Brooklyn. County of Kmgv. I "llw" at nubile auction to tho highest bidder the land and Prmi iaea in eaid jucUrmont mentioned and therein deacno as followa, Tir.

All those two certain lote. pieces i or 01 land, aituate, lying and being in the Kwbth Ward ol the City of Brooklyn, and known and diitinguiabod on a nwpn! property belonging to, or formerly bi'lnngln to John r. belaplalno, made by Samuel Douhty. City burreynr. Apn 15, 11H4, by the number IOS (one hundred and lire) anil 106 (ono hundred and ail) aaid lota bom bounded and d.

ccribed as follows Beginning at a point on the westerly comer of Fifth avenue and Twonty sutl; street, running thence sonthweaterly along the line of ifth avenue, tifty feet two inches thence running northwesterly and pirallel with' the line of Twenty sixth stroet, one hundred feet; thence running northeasterly with fifth ty feet two inchos. to Twenty iiitb street.and thence southeasterly along the line of Twenty eiath street, one hundred feet to tho point or place of beginning. Together with all and lingular tho tenements, hereditaments and appurtenances thereunto belunginjr or in any wwe apportaining. Datod Brooklyn, April Ti, 1879. BERNARD J.

YORK, Rofeme. CHA.ni.Ea KotxjwrtAT, Att'y for Pl'fl. alb 3wW 3 Tho sale of the above described promises Is hereby ad. iourned till Friday, May 15, 7i, at tho same hour and place Dated Brooklyn, Ma; s7il. ml') SAW BERNARD J.

YORK, Refrrce TI10 sal ol tbe above described premises is hureby farther adjourned till Friday. May 23, 1H7U, at tho same hour and nlaco. Dated May 18. ml7SWts BKKNARD J. YORK.

iern. CUPKEME COL'IIT, KINGS COUNTY iAnna M. Hubbard against James H. Potty and others WT J. OSDOBNB, plaintiff's attorney In pursuance of a jndgmcnt order of this court, made in the Ru'3 action, bearing date the 17th day of May, 1879 I jstII sell ri i irnmnn.

anctionoer. at Brooklyn, on the 9th day of June. the following described land and premwoa a ooint on the northerly aide of Lafayette avenne, distant one hundred and four feet and two inenco oasterly from the northeasterly corner of Kent and Lafayette svennes. rnnnlog thence northerly on a Una parallel with Kent avenue one hundred feet thence westerly on a tins parallel with Lafayetta twenty four feet to the southeasterly corner of the lot of Brady thence northerly along tba easterly Una of aaid Brady's and John McNeill's lots about fifty feet to tne northeasterly corner of aaid McNeill's lot thonce easterly, nearly parallel with Lafayette avenue, fixty foar feet two inches to a point one htmdred and forty foar feet and two Inches from the etuterlf Una of Kent avenue, and being the northwesterly corner of Armstrong's lot: thenoa southerly along the aaid Armstrong's westerly lino, and partly through tbe centre or a party wall one hundred and fifty five feet to tbe northerly line of Lafayette avenue; tnenew westerly along tbe northerly line of Lafayette avenue forty feet, to the place of beginning. Dated Brooklyn.

May IT, WTO. mlTSirSW THOMAS M. RILKy. Sbenff. CSUPREME COUKT, KINGS COUNTY 3 Adoline laoseman against MsUhiaa C.avtn and others.

TEact, OmaTliD 4 Taacy.plaintlfrsatwrneys 'o P'ir. anc of a judgment order ol this court, mads entitled action, bearing date th. I will sell by public auction, by Thomas Ksjrnytm, aue. tioneer. at ttii rVo.

Willoughb, stroet, in the ty of Brooklyn, or. tho utb day of Juno, lrna, at li o'clock, rSS the following described and All that certain lot. piece or PL JirKi, fmt, and being in the Brookhnj, Kings County and State of New York, and bounded and doscnlwd foHowa: Begtaning at point on the southerly side of AUantieVvenue distant twenty two feet and nine inchM eVstwdl? from tbJ easterly side ot Ulawon arrnne rnnnTm lleniS wutberlr paraftel with Claason av.nuo and XrWthe tbrongh a part, wall, seventy feet thence Sawardlv parallel with Atlantic avenue, thirty fwt and Sm toeh northwardly, parallel with cfasaon jve Sue Sfd part of the way through Vparty wall, seventy feet side of Atlantlo avenue thence sJrms the said southerly aide of Atlantio avenue, thirty feet andflrs Inches to the point or place of beginning. Datod TUOMAfl M. aiUSY.

Bbtrifl. Justice Semlor fixed this morning for arguments in the case of tho Elevated Railway Company, with the particulars of which the readers of the Eaole arc familiar. Neither side, however, was represented by counsel, and tho oaso was again postponed till Monday. Mr. John O.

Perry, counsel for tho Board of Police, expected to have been notified by Mr. Bruff, President of the company, of the hour when tho argument would take plaoo, the latter having promlBod to do so, but not having received any notification, he did not put In an appearance. Mr. Perry will maintain that the position of the pollco authorities is thoroughly in accordance with law, and that if they did not prevent the tearing up of the streets without the necessary per mission they ought to resign. Ha contends that their charter does not give the company any such privileges as they claim.

Mr. Perry wished it likowise to be un derstood that the Pollens Board was in no way hostile to the Elevated Company, their only object being to enforce tho olty ordinances, which they are paid for doing. It la probable that the case will be brought to a higher court on injunction proceedings. A MISSING MAH. On Monday night lost Daniel Mahony, who resided at the corner of Mill and Columbia streets, dis appeared from his home and has not been seen since.

On that evening he had been drinking considerably with a neighbor, and both were pretty well under the In fluence of liquor. They had a quarrel, which resulted In a fight before they separated, and the missing man wag badly hurt. He went home and his wife sent him to the station house for protection. He started In that direction, but never got thero. A policeman states he saw him going down Hamilton avenue toward tho river.

It is thought he has fallen overboard. He is a man about 35 years of age, about five foot flvo Inches In height, sandy hair, bluo eyes. He had on when he left home a blaok and white flannel shirt, a black and white pair of pants, an old hat, an old black coat and a pair of boots with the leg part half cut off. Any information that will load to his whereabouts will bo thankfully received by his wifo, Mrs. Bridget Mahony, who seems to be almost heartbroken over her husband's mysterious disappearance.

A HIGH TIDE AT CONE! ISLAND. The warm weather yesterday tempted a number of visitors to Coney Island, and all tho afternoon traina were remarkably well patronized for a May day. Those who went down were treated to a glorious sight of a magnificent rolling surf, one of the flnost Beeu this Spring, The tide at high water encroached upon tho shore to an unusual extent, and greatly interfered with tho progress of the workmen of the now pier, who wore engaged on the shore material of the pier, tho iron girders being submerged by the tide. Indeed the water reached up to the new plaza of tho West Brighton Beach Hotel, and at 4 P. M.

quite a little bay was formed betwoon the pier end and the shore housos. Tho water was so rough and the swell so great that had tho pior been flnluhed no steamer could have landed passengers at the pier. At tho Brighton Beach Hotel there was quito a gathorlng, occasioned by the arrival of a stag party In a stage coaeh, who camo down for a Spring dinner. The fiahormen who frequent Coney Island Creek, to catch the first run of bass, have recently taken Bome very fine fish, ranging from half a pound to a couple of pounds. Early yesterday morning the Bport was very good.

FOR GOVERNOR. Gossip In Washington that Interests Brooklyn. Congressman Bliss Spoken of as a Good Democratic Candidate for the Governorship of the State. Special to the Eagle. Wabhinoton, May 17, 1879.

It is within the range of possibilities that both of the candidates for the Governorship of New York State may be taken from Congress. Mr. Frank Hiscook, representative from tho Syracuse District, is prominently named as a candidate for tho Republican nomination. I am informed that Hon. A.

M. Bliss, of Brooklyn, is daily in receipt of letters urging him to permit his name to bo used as the Democratic candidate for the Govern shlp. Mr. Bliss' fine record In Congress during his two terms of service hero would certainly prove a good card for him should ha receive the nomination. The Democratic convention of New York State must nominate a man for Governor who will rally to his support all tho conflicting elements In the party.

It may be considered that tho Kings County delegation is oommitted to the support of the candidate of tho Tildan wing of tho party. Tho Kings County Democraoy 1b pledged to the support of tho candidate of tho Domocratio party of the State. Personal preferences will be laid aside in tho struggle for honost government. Mr. Bliss would be most available as a compromise candidate.

His relations with the leaders of Tammauy Hall are extremely pleasant, and ha has the indorsement of the Kings County Democraoy. His experience In State affairs and his knowlodgo of the methods of National legislation combine to peculiarly fit him for tho office of Executive of tho State of Now York. It is doubtful, howover, if Mr. Bliss would aocopt tho nomination for Governor if tonderad to him. He Is the only working member of tho Brooklyn Congressional delegation, and he has made himself so valuable to his constituents of the Fourth District that his services here could not bo well spared.

Beside, Mr. Bliss' tastes lncllno him to matters of national rather than State legislation. The thirty six dologates from Kings County, will undoubted wield tho balanco of power In the Democratlo State Convention, and it would be a triumph to Eecuro the Gubernatorial nomination for one of the most promlnont of Kings County Domocrate. O. A SUCCESSFUL CATHOLIC CHUBCn FAIR.

The ladies' fair held for tho purpose of aiding in the construction of the new Roman Catholic Church of the Sacred Heart, located on Ninth and Prospect avonuou, has been brought to a vory satisfactory termination. The pastor, Rov. Thomas S. O'Reilly, Is delighted with tho result and entertains moBt grateful feelings toward tho good ladies who bo energetically labored to bring tho receipts up to tho hlghost possible figure. The gross amount realized at the fair may be estimated at about $3,600.

For this unexpected success tho people of tho pariah are indebted mainly to tho efforts of MeBdamos Flnnegan, Corrigan, Bracken, Mc Clair, Klrwin, Mitchel and Mcfntyro. The pastor now feels safe in proceeding and adhering as olosely as possible to his motto "Pay as you go." ELEVENTH WARD DEMOCRATS. The Eleventh Ward Democrats hold a meeting laHt evening in Grenada Hall on Myrtle avouue, near Duilleld street. Thore was a largo attendance of Democratic residents of the ward, and muoh Interest was manifested In tho proceedings. Mr.

Pulaski C. WIlBon presided, and Mr. Alfred Glddlngs acted as Secretary. The following names wero enrolled Daniel Madden, Patrick Rafforty, Robert Denver, William H. HugheB, Patrick Moran, M.

Desmond, Edward O'Brien, John Barker, Patrick McGovern, James Croney, Johu O'Callaghan John Brophy, Frank H. Mc Gulre, Patrick Murray, Win. Moone, J. B. Casey, Daniel M.

Kelly, John Koenan, James B. MuNamee, Henry Acker, James Connolly, Joseph Haggorty and Thomas Fields. Mr. Rich, Chairman of the Committee appointed at tho last meeting to draft a Bet of bylaws, reported on a constitution and bylaws, which was taken up and adopted by sections. The meeting then adjourned.

Tho association has now over thrco hundred namoa on its roll book, and Is In a prosperous condition. PROSTRATED 1M A FIT. An elderly man, who said his name was Woods, about 58 years.of age, was prostrated in a fit at noon yesterday at the Fulton Forry house, New York. He was Srst attacked on the street and was assisted into the ferry house by a young man, to whom ho told his name. ThiB he repeated to Officer Carroll, but was unable to state bis place of residence.

An ambulance surgeon of New York administered an Injection of morphine, without favorable effect. The sufferer was then removed to tho hospital in an unconscious state, suffering, as believed, from an apopleotlo stroke. SEJII CEJiTEMUAL OF THE SUNDAY 6CH00LS. The semi centennial of the Sunday School Union to be observed at the Rink on next Wednesday evening, promises to bo one of the leading events of the year. The final rehearsal of the choir of twelve hundred Sunday Sehool scholars, under the leadership of Mr, Henry Camp, soon takes place.

Addresses are to bo delivered by Stephen H. Tyng, D. Cyrus D. Fobs, D. and Hon.

A. H. Colquitt, Governor of Georgia. The Rink will be thronged on next Wednesday evening by thousands of friends of the Bchools, If tho quick sale of reserved seats and tickets is any Indication. It Is the Intention of the committee In charge to issue no tickote beyond the capacity of the Rlnb, A WIFE SCALPED.

Fred. W. Ferguson, of No. 385 Fortieth street, wbb arrested last night on the complaint of his wife, TereBB, who charges him with having struck her on the bead with a cane, Infllotlng two scalp wounds. Justice Ferry held the accuBed for examination, BEST UP; FOB THREE MOUTHS.

Jane Gannon, of No. 59 Nelson street, was convicted yesterday before Justice Ferry, of stealing a piece of line from the Italian bark Now York, lying at the North Central pier, and was oommitted to the Penitentiary for three months. HORSE, HARNESS AND WAGON STOLEN. Last night the stable of Ernest Grote, on Yates avenue, near DeKalb, was burglariously entered and a horse, harness and blankets, in all valued at $100, were stolen. A peddler's wagon, valued at $30, was also stolen, supposed by the same thief, from the corner of Lewis avenue and Kosciusko street.

BROOKLYN ORPHAN ASYLUM. The annual reception given by the managers of the Brooklyn Orphan Asylum will take place on 21st Instant, from 3 to 10 P. at the Asylum, Atlantlo avenue, noar Brooklyn avenue. The annual meeting of the managers will be held at 4 P. M.

of the same day, HISS ELLIS' BENEFIT DEFERRED. The benefit performance to have been glved this evening at the Court Square Theatre to Miss Florence EUIb has been deferred, perhaps Indefinitely. The reason assigned is said to be a somewhat sudden summons to Chicago where she la engaged to play at MoYIcker'a Theatre. ALLEGED EMBEZZLEMENT. Oli Gerdermans, of No.

G7 St. Felix Btreot, was arrested last evening on the complaint of John E. Hlnmau, an undertaker, doing buslnoaa corner of Seventeenth street and Fifth avenue, who charges him with having, while In his employ, collected a bill of $60 and appropriated it to bis own use, Justice Ferry held the accused for examination. Kis Ifcecs3ptioii in the South. How the People of Memphis, Nashville and Wheeling, Greeted tho Famous Preacher on his Lecturing Tour Great Audiences and Greater Enthusiasm Incidents of his Ten Days' Trip.

Mr. Beecher hag just returned from a Southern lecturing tour, the first he ever mode In that section. When he consented to visit the South, at tho suggestion of Messrs. Hathaway ti Pond, he had many misgivings as to the kind of reception ho would get. The ovation he received, the enthusiasm which his appearance on the rostrum creatsd be likened to his experience in England.

No expense had been spared to advertise his coming, and the result was as satisfactory to his agents as it was pleasing to Mr. Beecher, who announced his intention of lecturing in tho South next season and do nating tho proceeds to worthy institutions thero. His lecture during tho course was on "The Belgn of the Common People." He made happy applications of his discourse to the section of the country and the lo calities he was in. The warm hearted Southern people who went to see and to hear him, doubtless through motives of curiosity in the main, he fairly carried by storm. THE COURSE OF LECTOEES.

Last Monday week Mr. Beecher, in company with Mr. Pond, started for Huntington, where hs lectured before the largest audience probably ovor congregated there for a like purpose. The next day, for the second time In bis life, he entered a Southern city Wheeling, Va. He was met at the depot by a committee of prominent citizens and escorted to his hotel.

His reception was so warm that he was prepared for the Immense and enthusiastic gathering which greeted his appearance in the evening. Noxt evoning he lectured in Canton, Ohio, before a crowded house, and the following night over 2,800 persons greeted him In the Tabernacle in Gloveland. Saturday evening he dollvorod a discourse on "Amusements" before a crowded house, in the New Muslo Hall in Cincinnati. Tho building has the largest seating capaoity of its kind in this oountry. Next day (Sunday) he preachod to 7,000 persons in tho same structure.

The enthusiasm which hs created was great, IN THE COUTH. Last Monday Mr, Beecher found hlmsolf In a place where he would not have cared to show hlmsolf twenty years ago, Nashville, Tennessee. He was cordially welcomed by the Mayor, Prosldent CVebath, of Flake University, and several prominent gentlemen, who escorted him around the institutions and publio places of the city. The famous battle grounds whero General Thomas was in command of tho Northern troopB, was visited. Mr.

Beecher showed a familiarity with the locality, and pointed out tho positions occupied by the opposing armies with suoh accuracy, that tho ex rcbel offloor of the party, who fought in the battle, was astonished. Mr. Beecher madolnquiries about minor points, which bad nearly escaped the memory of' his escorts as scarcely worthy of retention. The first institution visited vros Fiske University, a colored seminary, which virtually owes Its oxlstenco to him, and In this way Orobath was at the head ot tho original Tennossee Jubilee Singers. After hearing them in Plymouth Church, Mr.

Beecher became interested In them, and gavo Crobatb letters of introduction to England, where thoy netted over $140,000, which helped materially to build the college. There aro about 400 students In tho university who warmly received Mr. Beecher. He made an appropriate address. The Vanderbllt College, founded by tho late Commodore, at an expense of $1,000,000, was also visited.

Thero are about 400 students in it at present. Mr. Beecher was introduced to his audience in the evening by tho Mayor, In a happy speech. Tho" applause was so long continued, that the lecturer was somewhat surprised. The enthusiasm was so groat during the progress of tho discourse, that he rambled off and made many local applications.

Tho audionce was delighted, and whon, toward the close, ho reminded them of tho lateness of the hour, cries of "Go on, go on," resounded from every part of tho house. Ho spoke for two houra and Jtwonty minutes; one of tho longest discourses Mr, Pond over heard him make. AT MEMPHIS depot Mr. Eeeoher was met by Colonel Keating, editor and proprietor of tho Memphis A ppeal, and a committee of leading gentlemen of the city. The four thousand persons or so who had collocted to soe and to greet him applauded vootforously.

As he entered tho city a salute of twenty one guns wss fired. As usual ho visited all the public placos of interest. His heart meltod at tho stories told of tbe ravages made by tho epidemic which nearly devastated the city last year. Tbo exposition building was fitted up for the lecture. Four thousand persons crowded it In tho evoning at a dollar a head, the highest Bum ever charged for admission to a leoturs in that city.

In fact, such a thing was never heard of in the South before as to pay a dollar to hear a lecture. Mr. Beecher was escorted to the platform by Colonel Keating, who, by the way, was a distinguished officer of tho rebel army. Tbe Colonel, In an eloquent, but guarded address, Introduced the lecturer as a great Northern preacher and orator who hod played a prominent part In the late war. Mr.

Beeohor differed from them, but they Bhould give him a respectful hearing. Mr. Bsochor made a happy reply. He alwaya had a desire to visit the South, but for prudential reasons be deferred doing so until the proseut time. When I ascend," said Mr.

Beecher, humorously looking heavenward, I had no desire to be assisted In my flight by a hempon rope. Henoo I deferred my visit." The laughter and applanso produced by tho remarks were great. A respectful hoaring was assured. The audience was tbe most snthuslastlo one which ovor greeted him in this oountry. He told his hearers that he had been taught to love and sympathize with mankind from his Infancy.

He believed now that the Southern people would not go back to slavery times if thoy could. He mado his accustomed happy applications of tho "Reign of the Common People'' to the South, and olicited thunders of applause. After the lecture he gave a check to Colonel Keating for $250, to bo donated to the most worthy charity in the city. It was given to the First Orphan Home. It may be mentioned that AMONG THE AUDIENCE WAS JEFF DAVIS and his daughter and son in law.

Mr. Beecher was not aware of the presence of Mr. Davis. In that connection, it may be stated that Mr. Pond will try to engage Mr.

Davis to lecture in tho principal northern cities next season. Mr. Beecher regards his trip to the South as one of the most successful events of his life. Tho receptions reminded him of thoso given him lu England. He received telegrams from New Orloans and other cities, asking him to come on and lecture, but hn could not do bo.

He was, In fact, obliged to cancel engagements at Chattanooga and Atlanta, as he feared by keeping them he would be too fatigued to reach homo and occupy his pulpit to morrow. So he came on here direct from Memphis. It is his intention, as already stated, to deliver a course of lectures In the South next season, but ho will bring no monoy ont of there. CODKT NEWS. Tbo Planet ITIUIm Conviction Reversed) The General Term of tho Supremo Court, in session at Ponghkeepsle, have reversed tho conviction of W.

H. Bartlett and George Martin, charged with robbing the cashier of the Planot Mills. Tho grounds of reversal are numerous errors on tho trial. The case was argued on Tuesday by Colonel John H. Bergen for Distrlot Attorney Catlin, and Judge Troy for tho prisoners.

The caso took fourteen days to try, and coutrary to usage was reversed the day of tho argumont. Tbe Decision In tbo O'Reilly Case. The following is a copy of tho entry made by the Supreme Court, General Term, in tho O'Beilly caso; At a General Term of the Supreme Court, held at the Court House in Poughkeepslo, In and for the Second Judicial Department, on tho 16th day of May, 1879. Prosont, Hon. J.

F. Barnard, P. Hon. J. W.

Gilbert, Hon. J. O. Dykman, JiiHticea, The People ex rel. Thomae Kelly againet the Comnuyn Council of the City of Brooklyn.

Order affirmed with coBts and disbursements upon the opinion at Special Torm, Justice Gilbert not sitting. An extract from tho minutes. Allison Butts, Doputy Clerk. Aa will be remembered, tho argument before Justice Gilbert to have a peremptory writ of mandamus issued to compel the Common Council to appoint a special election for Alderman of the Twelfth Ward, came up In the latter part of Maroh. Tho motion for tho mandamus was argued by Mr.W.

M. Ivlns and General R. A. Pryor, and Corporation Counsol DeWltt appeared In opposition to it. Justice Gilbert's decision granted tho writ, and in his opinion the Justice said "The office Is, therefore, to all intents and purposes vacant.

It Is urged that Mr. O'Reilly has, in point of fact, continued and still continues to exercise the duties and powers belonging to the office, and that therefore he is still an Alderman facto. But that Is tantamount to saying that an office can be vacant and filled at the same time. A proposition which is as repugnant to Isw as a similar one would be in physics. Neither an office nor a given space can bo vacant and Oiled at the same time.

The statute not only does not authorize but absolutely prohibits Mr. O'Bellly from holding the office. It is a plain violation of law, therefore, for him to act aa Alderman, or for his former associates to refuse or neglect to perform the duty of orderlDg a special election, to fill the viwsn cy. The statute is mandatory, No alsoretion on the subject has been committed to the Common Council. Tho power vested in the Bosrd of Aldermon to Judge of the qualifications of its members, has no application to the case, for the reason that Mr.

O'Reilly has ceased to be a member of the Board. Sitting in an Aldermanlc chair or performing any other act as Alderman, does not operate to continue him In office in part or of right. On the contrary, such acta amount only to a naked assumption, and afford no excuse or justification for an omission to perform the duty of ordering a special election. It is well settled that mandamus lies to compel the performance of such a duty. Such a duty is merely ministerial in its nature the Common Council has no discretion to withhold a performance of it.

Nor can the statute which enjoins a performance ol that dutyw frustrated or evaded by the fact that Mr, O'lieilly continues to exercise the duties of the office, in violation of the other statute which has rendered the office vacant. Such acts do not make him an Alderman de facto. To make an office de facto, he must be in by at least a colorable title. The statute, ex propria rigore, has removed Mr. O'Reilly from the office.

He has not only lost ail right to the office, but sinoo that event nothing has occurred which gives him any color of right thereto." Pond's Extract. No matter what form bloeding may assume, whether rrom the longs, nosa. stomach, bowels, uurm, or piles, its action Is equally poteoU AtiulToraary Mats I Special styles, not to be obtained elsewhere, may bad of Messrs. BALOH. PWC A No.

370 Fut. tou mt. Ivnscry' Toottt Paste. Dr. H.

Emeby's tooth paste keeps tho teeth and gums cloan, wholesome and healtby. DIED. DIXON On Friday. May 16. 1879, Jakes DlIOH.

aged "iSffiroi and friends of the family are mviled to attend ths fuoenl, from tho residanco of his pirenU, 29 ALUntia Sunta. the 18th at a o'clock. Fleaae omit flowers. How it was Shown to the Convicted Conspirators, FLAHERTY AND BENNETT SENTENCED. The Prosecution Say that the Verdict Vindicates the Prinoiple and that no Vengeful Feelings are Entertained.

THE CUIiPBITS FINED $250 EACH. The Position In Which Their Expulsion from Office Leaves the City Works Department Talk with his Honor the Mayor and Mr, Massey. General Gossip Around tlio Hall. It is a long time since bo large a crowd has been seen in tho Court House as that which gathered in Part II of the City Court to witness tho closing of the great conspiracy caso. When the court adjonrned last night at eleven o'clock, after the reading of the verdict, it was with the understanding that the court should reassemble at ton o'clock this morning.

Promptly at that hour Judgo Nellson was on the bench waiting for the coming of counsol. The oourt room filled up rapidly with an eager and interested crowd. Tho gallery filled up rapidly, and the floor of the oourt room very soon was orowded to exoesa. Men crowded upon the edge of tho Judge'B bench, filled ths jury boxes and stood In thick banks and rows around the little spaoe left In front of tho bench, for counsel. Pollticana and lawyers, citizens and loungers filled every Bpace, There was scarce a foot of standing room left.

At half past ten Mr. Jesse Johnson, of the counsel for tho defense, entered the court room and Baked Judge Nellson for a little delay, as Mr. Shaffer had not arrived and ho desired to consult with them. The request was readily granted, and the theory settled down to waiting as it was understood that the proceedings would be oponed at 11 o'clock. The hour camo and still tho counsel tarried.

At 11:15 thore was a stir in the dense throng, and Mr. 8haffer, tho senior oounsol for the defense, entered the Court room. Ho was oloBely followed by Mr. Flaherty. Then came Mr.

Bennett, worming and corkscrewing his way through the paoked mass of humanity. Mr. Johnson now followed. Flaherty and Bennett took their old seate at the end of the tablo. Flaherty was pale and cool.

Bennett looked sorrow stricken and grieved. Ho was accompanied by IiIb two sons. Flaherty eat looking away into vaoancy, occasionally turning to answer the question of some one who addressed him. There was a feverish expectancy In the crowd, a sort Of niagnetio feeling that kept every one on the qui vive. The minutes rolled away and the crowd increased.

It was noticoable that thore wore a number of the Republican Aldermon In the orowd. Bay, the President of tho Board, was one of the earliest his face wore an expression of gloom an! disappointment that was pitiable. Hacker, of the Twenty first Ward, Schroeder'a great friend, was also present The universal expression of opinion was that Schroeder and his following had received a terrible blow and one from whloh they could not recover. Speculation was rife as to what the sentence of the court would be, and the general Impression was that a fine would be imposed and that it would not go the length of an imprisonment. Tho punishment Imposed by law for tho offonee of which the two men stood convicted is a fine of not less than $250 or moro than $1,000, or imprisonment not exceeding one year, or both, at tho discretion of the court.

"WHAT WILL IT BE?" was the question that was in every one's mouth as the minutes rolled away. Bhortly after tho two counsel for the defense earns in, Mr. Johnson again begged tho Indulgence of tho court for a fow minutes and he retired with Mr. Shaffer. It was understood that the defense would make some effort in the way of a motion to Bot aside the verdict or in arrest of judgment.

There were numerous Flahortyitea In the room, and they wore raving with aDger. They could not find words to express their disgust with the verdict of the jury. Many of them wore very bitter In tbolr denunciation of tho men who have been behind the defense. It Is said that for weeks Sohroeder's friends and henchmen had been claiming that this was their loader's fight, and that the two men would be acquitted off hand. The failure of their programme leaves them in a very unenviable position, and thore wore bitter words heard in the conversations of the Flahortyites in reference to Schroeder.

Half past eleven came and still tho crowd did not retire. Mr. Blgelow, tho stenographer, was sent for by tho counsel. Assistant Distrlot Attorney Wernberg camo In and said tho counsel for the defense wore engaged In the preparation of an affidavit to bo used in a motion to sot aside the verdiot. THE CLOSING SCENB: At about ten minutes to 12 thero came a stir in the orowd around the door, and Officer Beck appeared, forcing his way through tho throng, clearing a way for tho counsel.

General Tracy oame first, and was olosely followed by the other counsel. They took their seats between ths tables that the oounsol have used for tho past six weeks, and again tho donso crowd olosed around them. Men stood on chairs and climbed on tho table to look. From the bench where tho Judge Bat down to the walls It was one mass of men, packed as tightly together as they could stand, A hush fell upon the crowd as they waltod, expectant and anxious for the first words of counsel. There was an intense feeling abroad in the very air, and for eo large and oxcited a gathering they were very quiet.

Judge Nellson sat squarely in his chair with one hand on the desk ledge in front of him. His Honor was calm and wore a vory nervous look on his face. Judge Alex. McCuo, of the City Court, sat on the bench with him. A hush fell upon the vast throng, as Mr.

Ira Shaffer arose slowly from his seat. He held several loose sheets of paper in his hand, and with the first word he spoke it was ssen that he was laboring under considerable agitation. Men leaned forward and placed their hollowed hands behind their ears to catch the slightest word. Mr. Shaffer spoko as follows, his voice trembling somewhat: MOTION TO SET ASIDE THE VEBDIOT.

Mr. Shaffer May it please your Honor, for the purpose of saving the rights of the defendants beyond any controversy, their oounsol have deemed it prudent to place formally upon the record by way of a motion, to Bet aside the verdict of Irregularity, that which has previously been called to your Honor's attention, and which, to some extent, has boon mado a portion of tho record. Mr. Johnson and myself have embodied our rocollcction of what transpired In the form of an affidavit, and it has been submitted to the prosecution and comparod with the notes of the stenographer, and we all agree that it is correct and without going Into details and without reading the affidavit, wo formally submit these affidavits and the schedules annexed, and upon them predicate tho motion to set aside the verdict for that irregularity. The paper will be filed, and we don't propose after this long and exhausting trial to go Into any argument upon the subject.

Judge Nellson The paper will be filed. Mr. Shaffer And wo formally except, THE AFFIDAVIT, The People of the State of New York against John W. Flaherty and George ft Bennett. To Hon.

Isaac S. Catlin, District Attorney of the County of Kings: Sin Please take notice that uoon tho affidavit hereto annexed, a motion will be made at a term of the City Court of Brooklyn. Bitting as a Court of Oyor and Terminer, to be hold by Honorable Joseph Nellson at the rooms of said Court, in the County Court House of Kings County, in the City of Brooklyn, On tho nth day of May, 1870, at ten o'clock In tho forenoon of that day, or as soon thereafter as counsel can be heard, for an order setting aside the verdict rendered In the above entitled cause against the defendents, John W. Flaherty and George C. Bennett, and that said motion will be made on the indictment vordlct and letter referred to in the said affidavit and upon tho Bohedule thereto annexed.

Dated May 17, 1879. John W. Flaherty. Geokqe O. Bennett.

The People of the State of York against John W. Flaherty and George ft Dennett. Couhty.of Kings, rs: Ira Shaffer and Jesse Johnson being severally and duly sworn depose and state as follows: They are and have been oounsel for John W. Flaherty and George C. Bennett, on the trial of the In.

dlctment in the above cause. Said cause has been on trial for about six weekB last paBt In the City Court of Brooklyn, sitting as a Court of Oyer and Terminer, before Honorable Joseph Nellson and a Jury on the 16th day of May, 1879, said Jury rendered a verdict finding the two above named defendants guilty as charged in tho indictment. No sentence has been yet passed and no further or other proceedings have as yet been had upon Bald indictment and verdict; said verdict was reached after said jury had deliberated oyer thirty hours. On the second day of May last these were notified by as officer of the Bald Court, while the trial was proceeding, to appear before his Honor Judge Nellson, after the Court has adjourned. Pursuant to said notification they attended In a private room before said Judge, with the counsel for the People, to wit, Benjamin F.

Tracy and Jere. A. Wernberg, and also a juror, John Wllmer there was also In attendance Mr. Blgolow, an official stenographer of the City Court, who had officiated as stenographer upon the trial, and no person other than those herein stated as attending. Upon deponent's so appearing before said Judge, neither of said defendants then being present or having had any notice to be present, although they had attended In person during the entire trial, the transaction took place between the said Judge and the said juror and those in attendance, which is substantially reported upon tho paper hereto annexed marked schedule and deponents are ad.

vised and believe, and upon their recollection state, that the same 1b a correct statement or the transaction as had at the time, and is the report of ho same by said official stenographer. Neither of said defendants had had any notice to appear before said Judge, and neither of deponents had any knowledge or belief before they so appeared that any juror was to be present nor had they any knowledge or intimation in any manner as to what was to be done. Deponents are informed by the official stenographer and it has been so stated by parties to Bald interview, that the letter referred to in said schedule as presented to Juror Wllmer was a letter which had been sent to one of the counsel representing tho proseoutton, and a duplicate had alBo been sent to his Honor, Judge Nellson that said letter was anonymous and had been handed by said counsel representing the prosecution, to said udge, and is on file as a part of the record in this one, on motion of these defendants, and deponents hereby beg leave to refer to ths same. And the said Johnson being further sworn, says that after the Jury were discharged he had an interview with one of the said Jurors other than said Wilmer, and said juror stated to deponent that at tho time the cause was given said jury and on the first ballot taken by them, eight of Bald Jurors were for conviction and four for acquittal of these deponents; that sold Wilmer was one of the Jurors eo voting for acquittal, and that bo so oontlnued to vote for acquittal until the vote stood ten of said jury for conviction and two for acquittal, and only one of said jurors other than said Wilmer voting for aoquittal of these defendants. And deponents further aay that they make this affidavit on behalf of said defendants, and thoy are advised and verily believe that by reason of the faots hereinbefore alleged the said juror was unduly Influenced and felt that ho had been officially notlflod by the oourt and is suggeeted by the following conditions In all Skin aad Scalp Diseases, when the skin is hot snd dry, the blood feverish, the liver torpid, the bowols constipated, or when virus of Scrofula or poison of Mercury is known to Inrk tn the system, or when tbo Constitu turn has been shattered by Malarial and Anti Periodic Fevers and Debilitating Diseases, alwaya take the RESOLVENT while using ihe OU TICuRA.

A core thus made will be permanent and satisfactory. SALT RHEUM ON FACE, HEAD AND PARTS OP BODY UKAD COVERED WITH 80ABS AMD BORES. Messrs. WEEKS A POTTER: I commenced to uso your OUTIOUBA last July. Have onN used one large and one small boi.

and one buttle of the RESOLVENT. My fsoe and head and some parts of ray body wero almost raw. My head was covered with soabe ana sore, ana my ennermg was rearioi. I had tried everything had beard of In the East 1 akilllel physician aaid hs would rather not treat tt and a.r was coneiaeroo a verv oao. ono.

umi 1 verr Some ef 1Am tfnlr now 1 ara nnlr onred tejnrjorarllr. I think not, for I have not a particle of Salt Rheum about me, and my osse is considered wonderful. My case has been tbe moms of selling a groat many of your CUTIOURA RBMBDIRS in Ibis part of the country. Decatvb, November 17, lt7o Consultation Rooms for Chronic Diseases of ths Sklu and Bcalp, especially of Women and Uhddron.71 Madison av, MARY B. J03SKLYN.

H. D. CUTICURA. CUTIOURA RESOLVENT and OUT! OURA SOAP are prepared by WBKKH POTTKR. Cbem lata and Druggists, 30Q Waahington st.

Boston, and are far aale by all druggists. Prico of OUTICURA. small boies. SO cunts largo boies, containing two and one half times tiio quantity of small, Jl. RKSOLVENT.

per CUTI CUKA SOAP, ii oenta: by man. 30 cents three oakea. 71 cents. COLLINS' VOLTAIC KLECTRIO PLASTERS. No other remody in the world can so quickly aasuagw the most riolont paroxysms of Pain.

They distribute; throughout the nsrvoos eye tern a ffentle and WDtinnnna current of F.lectrlcity, which instantly annihilates Pain. vi. talizos Weak and Paralyzod Parts, euros Sore Lungs. Pai. piUktion of the Heart, Painful Kidneys, Liver Complaint.

Rheumatism, Neuralgia and Sciatica. Get tba genuine. CLOTHING. LNO'S, KINO KINO KINO KINO KINO KINO KINO KINO KINO KINO KINO KINO KINO KINO KINO KINO KINO KINO KINO KINO KINO KINO THK CELEBRATED ENGLISH COURT TAILORS AND HABIT ABBE'S, NOW OPEN AT 178 BROADWAY NEW YORK. WITH TUB FINEST 8HLKOTION OV OOOD3 OF THEIR DIRECT IMPORTATION, WHICH FOR QUALITY, STYLR AND PRICE CANNOT BR RKCKLLBD.

INSPECTION RESPECTFULLY SOLICITED. PRINCIPAL LONDON ESTABLISUMENTSt 39 and 40 CORNHILL. B. 0,, 48 and 47 IX5MBARD STREET, B. O.

14W CHEAPSIDK. B. LUDGATE 1ULL, E. 87 REGENT STREET, 237 BEOBNT CIRCUS, W. BIRMINGHAM.

alAffcHESTER AND LIVERPOOL ART AnT NOW ON EXHIBITION FRKB. HIGHLY IMPORTANT BALH OF SUPERB OIL PAINTINGS. INCLUDING THK BUST WORKS OK HIGHLY RENOWNED FORKICN AND AMERICAN ARTISTS, TO BB PEREMPTORILY SOLD AT AUCTION? BROOKLYN ASSEMBLY ROOMS, ACADEMY OF MURTO. ON TUESDAY, WEDNESDAY AND THURSDAY EVENINGS, MAY 2), 31 and 2J, at eight o'clook. Among those represented are Ailolph Schreyer, ernoeosnovon.

ueromo, Ziom, Bouti bonne, Rougeron, Lazot, Moreau, Hicci, Petit, nougeroau, DaubUroy, Cippola. David Ool, Hornomans, Portielje, Lacovaasi, Lebret. Segone, And many others. Prof. R.

W. Weir, A. W. Thompson, Thomas Colo, Cropeey, McCord, Talt. Beard.

J. O. Brown. Wslier Blaekmsja, Thomas Moran. Schachardt, DsKaas.

Ouartley, Delph, Wiggins, R. Henry, Robert C. Minor, M. Carter. Tcnsfeld, BisphAiu.

Cox. Pagan. EDWARD BOHENCK A SON. Auotloneera, LoneuiEi. AUTHORITY OK Trig STATE.

QKb. O. T. BEAUREGARD, OF LOUISIANA. Grs.v juuai, a.

aAKLr, ur rtncirviA, Will personally arrange all details and supervise the extraordinary Semi Annual Drawing of the Louisiana State. Ot BJ'JSrjJ. ew. 11CKOIA, ion uoiiars, ni'p naive. dollars ($5) Filths, two dollars, Tenths, oos dot Wr'te'for circulars or send address to M.

DAUPHIN, P. O. Box 063, New Orleans, or same at 31B Broadway, New York. 8PECIAX. WOT1CES.

TIAUTION, At thn season of the year, while the system Is undergoing a radioal ehango, a world of trouble could be saved both aa a preventive and euro by the uyi of a HOLMAN PAD placed over the pit of the stomach for tea to thirty days, as tho caso require. Do not neglect Ihe children. HOLMAN LIVER PAD BROOKLYN BRANCH OFFICES: Nos. 258 FULTON 107 BROADWAY, D. W.

HOLMAN, M. a INVENTOR OP HOLMAN'S AGUK AND LIVER PAD. Can be consulted ONLY at his Office, Xi LaanU irnne, Brooklyn, daily fl to 1J 11., and to 8 P. M. on all Diseases! of the Human System.

XANSON CA11TER, ISO FULTON STREET (Late firm ot Dayton A Carter.) Will continue business. increased stock, and with aA tbe old employes of the old firm. Our line will consist of HOUSE FUBN1SUINO OOODB, STOVES, RANGES. FURNACES, with a complete assortment in oar line. Also the largest variety ol REFRIGERATORS in ths city, comprising those manufactured by H.

Mace A New York F. 8. Parsons. Philadelphia D. Eddy A Son.

Boston, Also a large variety of IRON GARDEN VA8B8. LAW A CHAIRS and SETTEES which will be retailed at wholeeale prices. REAL BARGAINS. Call and examiDB before purchasing olsewher. ALAN SON CARTER.

At liio old stand. No. FULTON STREET. lAWNUROKER JL S. OOOD8TEIN LlOKl IliltU SED PAWN BROKER.

Ivo. iv niLr rvi. Money liberally advanoad on all kinds of personal property vix Men's and women's wearing apparel, carpeta. beda and lx ddiiiK. clocks, prated and silver ware, Kwolry.

diamonds, tfoUl and sllvwr watches. No extra charges for safe or Insurance. MASUHY'S LIQUID PAINTS AMU RAILKOAD UOLORB. READY FOR USE. FOR SALE BY C.

W. KUKNA.V. COR. FULTON AND PKARL 8TS. mo'MOKKO'VY'S ISUNDAY) EAGLE JL lirooklyuitea can't do without tt.

CPECLVL NOTICE. a o. a. junn BK.OB 1U IKIUKU llt That be has removed his old establfshf TO Nil. 105 MYRTLE AV STORE (Nearly opposite the old itaud.) GOODYEAR'S BEST GARDEN HOSE, HOSP.

REELS, BUBBEB GOODS OF EVERY DESCRIPTION. T. O. THORNE, NO. 311 FULTON STREET, Only Brooklyn Depov RUBHKR GOODS REPAIRED.

Send for 3:2 page Illustrated Manual." Say you aa ad" in this paper. TAYLOR, MEDICAL ELECTRICIAN, 374 FULTON ST, Just above City Hall. MAKES A SPECIALTY OF TREATINO DISEASES BY ELECTRICITY. Catarrh. Paralysis, Neuralgia, Rheumatism Ha mors, Dropsy, Ueneral DeliiHty.

Weak Female Weaenwses, Headaches, are all CURED BY ELECTRICITY. ELECTRICITY RESTORES LOST VITALITY. Our terms now aro tl an ajiplics'ior irnly, and tali Is re. ducod eu prulong cases Persons of limited means can dopend on liberal treatment The poor treated free. Pa.

tients visited. A VENA XV A. ft' fl rears test hma proTed itaelf tho moot nntariom anil luxurious article of food, superior to an other oi munl preparation. All first claas cmctn sell it. Get oulf tbo genuine, as thora ami tattoos In tba cur ET THE EAGLE TO MORROW.

REASONABLE GOODS (Cj AT REDUCED PRiCEa Our Double Extra Y. CANADA MALT ALK, SSo. per doxen. The BARTHOLOMaY BRBWINO ROCHESTER LAGER BEER. 7So.

per dosea and the JOSEPH 8CHL1TZ BREWING MILWAUKEE LAGER BEER, 1 per dolon. BEAUH A GROCERS. 409 AND 410 FULTON BTKKKT. uraera by man promptly niieo. HADES.

tretr a vno GEO KG HAUJEKT, IlVaslaAllA'A FAPKR HANattTGS, 0fi ii.uirsn rlsTS' MATUHllf.q At tno rei? tow mi price. 1 WanJ yULTON ST. OYSTERS. DxULIB ID FISH, OYSTERS yOLAMSj LOBSTXBS, TO, Corner Bed Hook lane. Orders called for and delivered to any part Of tbe city free 1RY DEIjELL'b ALK AND TOJB trs ia twinni awti tAMiL.Y tilOL TM i.

3 la an nut of thm aft. tended to. TJREVIOUS TO EXTENSIVE. ALTERA at oar store, 3(1 and J4 Furarm at, we shoald l. 4 ritcnoae of SJ much of OUT nrMAhl stock SM possible.

For that purpoes we are oSerini our ware at very low nrira. Penoos cotanaeneing hocuMkaeolna will ond la eta ment of silvurplaleci ware, culltxy aaa sterling advsr goooa. B. O. EBSTER A BRO.

LARGE STOCK Of BEAUTIFUL J. SILVER FILIORER NECKLACES AND JEWELRY. In newest styles, for sale at QQr. of former prlees HART BROS. 31.1 and Sis Fulton st.

cot. Joansoo. Cash paid for old gold and silver. ASHLAND HOUeTNEW YORK, APRDL .1. ITO.

Yr.Hg (JoAUX Coursxr: oktus. MEM I have used CC.ALINB for reroevlng fUirj rrpsa marble and carpets end It works splendidly. Fur cleariuagj furniture it is also rj, oxoellcar. thing, as well as for narrora and pains. Yla.

Hca. uari BOCEsr Rousseau, AonennaOBV, ItobMT Leto, UolauUe, Velten, lie lusa, Judge Nellson Never saw the letter Juror Wllmer No, never. Judge Nellson This last clause of it, Just read it. If you can In any way recall, or hereafter if you can detect tho handwriting, I would like to send summons and have the party brought up. Juror Wilmer (he then read) "Another thing: Are you aware that the Juror, Wllmer, is a chum of the Bennetts, sons of George with whom he has been in the habit of playing cards almost nightly? I notice that since the commencement of this trial he is not seen with them at the old haunts as formerly.

The writer has no anlmoBity to Bennett or Flaherty, but thinks "right to poet you in relation to the above, in the interests of tho city Judge Nellson My simple question wm whether yon knew the writing 7 Juror Wllmer No, sir. Judge Nellson I wantad to pnt It to yon, showing my respect to you entirely, and I would not do it without asking the counsel to come in. It looks rather formal but it Is the only way I could do it Juror Wilmer (who was still holding the letter) I don't recognize the writing at alt. Judge Neilson That all I can Bay to you. It is very embarrassing and unpleasant, and toward a Juror monstrously unjust and a eeripuB imputation.

Mr Shaffer I don't understand It. I confess I don't understand by what right your Honor can oompel a "udge Nellson I don't want ny observation at all. MrTshaifer I confess it la an unusual proceeding. It your Honor receives a letter of that kind I dont think you should call the attention of the juror to It. Judge Nellson I did not expect counsel to make any observation.

Mr, Shaffer I don't know what we are hero for then. Judgo Nellson If I have committed an error I am BMr.rsha1ffer Well, it has a tendency seriously to prejudice my clients. Judgo Nellson I don't think so. Mr. Shaffer (very emphatically) Well, I do.

MB. TBAOY MOVES FOB SENTENCE. Mr. Tracy May It please the Court, the trial having resulted In a verdict of conviotion against the two defendants, Flaherty and Bennett, it is now the duty of the prosecution to move for sentence upon that verdiot. In doing so, permit me to say on behalf of myself and of the District Attorney's office that the main object of this proBeoution was to teach public officers that the Illegal and deliberate squandering of the public moneys with which they are intrusted for the accomplishment of po i a orimi for which thev are liable to indict ment and conviction.

That lesson has been taught by the conviction already had. The prosecution in this case has no desire to follow that conviction by a sentence which might possibly be construed as a desire for vengeance. We have no desire thot any undue or extreme punishment shall be inflicted upon those defendants. We have hoped that their trial and conviction would work a muoh needod reform in the City of Brooklyn, and possibly might not be without Its influence even in other oities where a lesson auoh as this trial has taught, is needed as well as here. So far as I am aware, It is tho first instance In this county where officials have been convicted for using publio moneys corrnptly tor public ends.

These defendants have not been charged and have not been oonvioted of appropriating the pubUo moneys to their own personal use. They have been charged and they have been convicted for corruptly using them to promote political ends. With these remarke I desire to Bubmlt the whole question to the discretion of the Court BEMABKS BY MB. SHAFFEB. Mr.

Shaffer I must confess that I am unable to summon language to express my sense of the Justice of the prosecution, in the words which havo fallen from the lips of tho leading oounsel for the prosecution. The centimont does credit to his head and heart, and while without disrespect to the verdict of the jury, shall never for a moment be lleve that my clients are guilty of that which they seem to have been found technically guilty of while I must say that yet, in view of this conviction, no fitter, no nzoro appropriate words could have fallen from the lips of anyone. He recognized truthfully and justly and broadly tho saying that "Vengeance is mine saith the Lord." Now, I cannot add even a word to what he said even in this respect. There is no pretense that Flaherty and Bennett havo over taken a dollar from the public treasury for their private benefit, and so far as I can judge from a constant intercourse with thorn, as I am well reminded by my associate, whatever errors they may have committed are orrora of the head and not of the heart; and this trial, I think, has demonstrated to the whole oommunity that whatever errors they have oommitted, they have left the condition of ths publio treasury, comparatively speaking, bettor than it was when they came In office so that your Honor, I think, In the exercise of that discretion which is wiBely vested in you, will not undertake to humiliate these men. I take I addreBB your Honor'B humanity as well as your justice when I say that you will not diBgrace these men by even approaching a sentence which might make them look like felons, by depriving them of their liberty.

BEMABKS OF ASSISTANT BIBTBIOT ATTOBNEY WERNBERG. Mr. Wornberg May it please the Court, I am directed by the District Attorney to say to the Court in addition to what Mr. Traoy has said, that so far as the Court may consider the wishes of the District Attorney, he does not desire that any puniahmont shall be imposed whloh will send these men to the Penitentiary, but asks that they may be fined. Judge Nellson Will you have the kindness to show mo the Btatutos 7 I may not remember the words of it.

Will you repeat them 7 General Tracy It Is a fine not exceeding $250, or Imprisonment not exceeding one year in the county jail. Judge Neilson Or both 7 General Traoy ea, air. Judgo Nellson Mr. Flaherty and Mr. Bennett will please rise.

I have a single duty to perform, as you are aware, and bearing in mind the observations made by the counsel this morning, I remember the fact of your positions as citizens heretofore as well as now, your position as gentlemen, having families and certain relations in society, and therefore I take great pleasure in finding in this statute a certain limitation. Gcnoral Tracy (interrupting) Will your Honor pardon an interruption 7 The defendant, I am informed, desire to state something or other. Judge Neilson The statute has a provision that the Court might inflict line or Imprisonment or both. Having called your attention to thia, I will take pleasure in hearing anything these gentlemen have to say. Mr.

Flaherty arose and said REMARKS OF MB. FLAHERTY. I do not especially desire to say anything, but. as my counsel suggests, I desire to call your attention to a fact which I will state In two or three words for myself, am not consolous of having, during the term which I served the Bosrd of City Works, been guilty of any violation ol duty. If, sir, we have oommlttod errors, or if I have oommitted errors, they have, as my oounsol remarked, been errors of the head rather than of the heart.

I tried since I entered the Board of City Works to do my duty to the city, and notwithstanding the result of this trial I still think that I have done my duty. I think the affairs of that department have Improved somewhat by my accession to It. I feel a degree of sorrow at leaving tho Board. I feel that having served there during the past two years it is in somewhat a better oondltion than when I enterod it. I havo a degree of pride in that service, as I have in other services which it was my fortune to rendor.

Mr, Bennett now arose and said REMARKS OF MB. BENNETT. Mat it Please 5Toub Honor I have little to say excopt to affirm or reaffirm what my friend Mr. Flaherty has Bald on this occasion. I did not expect this result.

Through sympathizing friends addressing me I cannot speak readily, and I consequently quoto a line from the Merchant of Venice saying, "What judgment shall I dread, doing no wrong 7" If I committed an error in the manner of making appointments, I have only to say that I found the method in vogue when I wont Into the Board. General Slooum and I mads appointments by appending our signatures alter the knowledge of Mr. Flaherty. With reference to placing men on tho payrolls who were to do no work, I affirm that I never did anything of the kind. I never appointed or aided in appointing a man who had not to work for the wages he received.

That I positively affirm. I also say that I constantly acted tor the beat Interests of the city. I never voted to award a contractto anybody but the lowest bidder. There is not a man who can say that I have expressed a sinister purpose as an official. In short, your Honor, I believe that we have left the affairs of the city in a much better oondltion than we found them.

Ibolleve that the revenue has been largely Increased, and, Bir, I have nothing to regret for what I as an official havo done. THE PENALTY. Judge Nellson Accepting the suggestion which has boon made and made bo diBcreetly by counsel and yourselves, I have to impose upon each of you a fine of $250 as granted in tho statute, Mr. Shaffer I move, and I think with the concurrence of the prosecution, that a stay be granted upon this judgment, with a view of a writ of error. There was a suggestion made I think I ought to say the prosecution aaid there would be no difficulty in that re providing there waB no hesitancy on the part of he defendants to vacate their office.

There is no de Bign on their part to attempt to retain the offlco, of course, after this Judgment. Judgo Neilson Well, there will be no trouble about that, gentlemen. I Buppose Judgment has got to be made up and ontercd, and of courso every facility wiB be given. Mr. Shaffer I understand the stay is granted, so that thero will be no attempt to execute the judgment.

General Tracy Thero will be no attempt to execute the judgment. Judge Nellson The court is The crowd streamed out into tho corridor," and the two men went their ways, surrounded by their friei ds The case will bo appealed. A bill of exceptions will bo made up, and it Is understood the case carried to the higher oourta, but owing to the mass of testimony taken in the case, and the length of time It will take tj write It out, It will not bo roady fortwo or threemonthj At the present writing nothing can be predicated of tha action of the di fense save that they will Thore were some slight manifestations of apphni) when Flaherty and Bennett spoko, and it grew louder when the Judge passed the sentence, and it was seen that the accused escaped with the lightest sentence allowed by the statute. Flaherty spoke calmly, and like a man who wag able to control his voice, but to the keener ears there was an under current of emotion running through it. Bennett was more affected.

He stumbled and hesitated as he began, but gradually gained control of himself enough to proceed and say his say. His address was the longer of the two. When General Traoy spoke In moving for judgment upon the verdict, he did so with singular impresBlve ness and solemnity. He stood leaning with one hand on his ohalr, and every word was calm and distinct. Judge Neilson's manner was that of a just judge called upon to perform a painful duty.

He wasted no words and said but little as the report shows. IWhen all was over, Jboth defendants shook hands with Assistant Dlstriot Attorney Wernberg, and expressed themselves as Batlsflod with his conduct in the case as that of a public official who had conscientiously discharged his duty, and they had no feeling of enmity or malice. The excitement in and about the court room during the scenes of the morning was very deep, but singularly devoid of disturbance or noise. It.was very intense, however, and was of that character which Is felt. The friends of the defendants were naturally very well satisfied with the sentence, THE JURY AND THFJB VEBDIOT.

The Eaole was correct In its report ol yesterday as to how the jury etood. To day their exact status has transpired. When they first went ont they stood eight for conviction and four for aoquittal. Juror Magulre was elected foreman. He was for conviotion on the first ballot.

The four for acquittal were Woodhouse, Munkittrtok, Wllmer and Duffy. They remained in this position over night and until well into yesterday. The qnestlon npon whloh they were divided was as to whether conspiracy had been proven, and that formed the sole toplo of discussion bo far as the two Commis slonerB were concerned. The only change in the status was the gradual accession of the other four men. Water Purveyor Milne was debated at length.bnt they camo to an early agreement npon the question of his acquittal.

Then they turned their attention again to the question of the two Commissioners. Finally Munkittrlek and Duffy came over and voted for conviction, making the standing of the jury ten for conviction to two for aoquittal. This position was reached after midday. It was not until after the Jury had their supper about eight o'clock last evening that the final conclusion was reached. When they had finished their meal they resumed the discussion.

Woodhouse was the prinoipal champion for the defense, and at one time he almost declared he would never recede from tho position he had taken. Then Wilmer went over and voted for conviction, and that left Woodaouso alone. He said subsequently that had by no means as important an event, wil compel every officer to be moro careful in the future. Stealing will oontinne, but It will not be done so openly as heretofore. Offlcors will hesitate before loadUns down the payroll with rowdies who do no work, In order to affect the elections.

SOUTH BROOKLYN EMPLOYMENT SOCIETY. Monday evening next an amateur concert will be given In aid of thejSouth Brooklyn Employment Society in tho Brooklyn Art Association Building In Montague street. The officers and members of the society, under whose dlreotlon the concert will be given, are: Mrs. Mary L. Clapp, President: MlssDaCosta, Vice President: Miss Phelpe, Treasurer; Miss M.

J. Adams, Secretary Mesdames Nehemlah Knight, James A. Cowing, Tasker H. Marvin, A. B.

Baylls, Alex, andor MacCollum, Hugh Allen, Chaa. H. Marvin, John H. Peet, James M. McLaren, Wayland Hoyt, James M.

Hart, Anthony Gilklson, George P. Stockwell, Wm. P. Beale, H. B.

Phelps, Augustus Post, Charles Hannahs, David Clarke and Miss Mary H. Post The following ladies and gentlemen have most kindly consented to givo their services Vocalists Mrs. Henry J. Cullen, Miss MacCollum, Mr. Eugene Oudin, of Now York Mr.

Wood, of New York. Instrumentalists Miss West, Mr. Ernest Mulderner, Mr. Soger Pryor, Mr. Paul Tldilen, DEATH OF HB8.

HENRIETTA JACOBS. This morning, after a long and painful ill ness, Mrs. Henrietta Jacobs, mother of Senator John C. Jacobs, died at the residence of her son in law, Mr. John Buckley, 8U Sterling place; Mrs.

Jacobs was 69 years ot age at her death. She was bom in Lancaster, but has lived in Brooklyn for over thirty yearB. Slio was a woman of exemplary Christian character, and was a member of the Sterling place M. E. Church.

She leaves four children to lament her loss, Senator Jacobs, two brothers and one sister, Mrs. John Buckley, ABANDONING HIS CHILDREN. Officer Rogers, of the Second Precinct, yes terday afternoon, found John and Mary Lynch, aged respectively ten and flvo years, wandorlng hungry and penniless in Bridge street. Their parents are a dissipated couple. The mother is now in jail for drunken ness and the fathor yesterday sold what little furniture they had, left his children homeless and got drunk.

The children will be cared for by tho Commissioners of Charities. Tho fathor was arrested last night, drunk, and committed to jail by Justice Walsh. AH ORANGE SPECULATION, The fore part of the week George Ibert wss intrusted with ahand cartand soven dollars' worth of orangss to peddle. Ibert sold out both the vehicle and fruit, the proceeds of which he lnvosted on his own ocoount. For this transaction Ibort was arrested and oontrltoly confessed his fault to Justice Guck, by whom he has been sentenced to the Penitentiary for a term of four months.

IN ALBANY. The Leg islatixre on the Homestretch. An Unsatisfactory Session Bills Affecting Kings County The Act Regulating the Sale of Drags. Special Correspondence of the Eagle. Aldany, May 10.

Though but lees than a week is left of the time of session, with between five and six hundred bills on general orders, the Legislature to day adjourned ovor until Monday night. Such a flagrant instance of wholesale disregard of public interests and public de mands probably no Legislature in the hiBtory of the State has evor shown. When the Legislature does ad journ It will loavo more unfinished business behind it than any Legislature ever did. Had these legislators consented to sit upon Saturday they would have added three full daye. practically a week, to the too few days.

Two sessions a day on Friday, Saturday and Monday, such as they have been holding this week, would havo materially lessoned tho list of genoral orders but with a disregard for their duties, with ths full knowledge that the date of adjournment is fixed for Thursday next, they calmly walked away from the Capitol. Nothing affirmatively good can be said ot tho present Legislature its praise must be negative. It has done nothing very bad and it certainly has done nothing at all good. And It caps the climax by running away from its business 1 The House has devoted its time principally to fighting intestine battles, and ths Senate to making political capital for the Republican party. Tho Legislature as a wholo has not presented a slnglo pubUo measure of value to the State Its measures for the most part have been partisan.

Williams, of Obwo. go, the Independent, was entirely right when he said that the majority had used tbe legislative machinery of the State to advance party Interests without regard to tho wants of the publio or Its needs, until every man who was a member of the House had been disgraced and humiliated. Williams was once a Republican, and is now a Greenbaoker, and though astray upon financial questions, he is particularly correct in bis statement of the manner in which the majority, with tho unscrupulous Alvord at their head, have conducted the affairs of thin session. The flight from duty to day caps tho olimax It is a fitting consummation of a course of supreme In difference as to the publio good. The people of the State may congratulate themselves that tbe end Is so near, and it ought to bo their earnest prayer that the like of the first Legislature in tho now Capitol may nevor assemble again it its walls.

That the House has boon what It has been is not astonishing, when the Influences that accomplished tho organization of the'AssomDly are considered. It is true in the Senate that there was a reluctance to leave so much needed work undone. Senator Jacobs persuaded the Senate to hold an afternoon session, out ho could not persuade it to hold ovor Saturday or sit earlier Monday than eight o'clock. Considerable legislation affeotlng the Interests of Kings County and Brooklyn was advanced to day. The following bills were reported favorably In the Senato The bill providing for tho filling in of the low hinds on Busnwiok Creek, no money to be advanced by tho city.

Tho bill providing for the care and control of tho common lands of Gravesend, e. Coney Island. The bill providing that the outlet to the Third ave. nue sewer should be extended Into deeper water. Tho bill providing that when assessments have ceased to be Hens upon property from any cause thoy should bo discharged of record.

The following blllB have been ordered to a third reading in tho Senato Mr. Stegman's bill to continue the business firm name when one of tho firm hoe died. The bill to incrcaso the number of directors of tho Long Island Camp Meeting Association from nino to twenty one. Tho bill amending the law preventing tho throwing of offal, carrion, dead animals, In the waters of Now York Bay. The bill entitled, "An Aot to prevent tho adulteration of milk and to prevent traffic in impure milk." Seacoal.

HONEY MARKET. Wall Street, May 173 P. M. Among the sales between calls and at the socond board were Erie 1st consol, 111 Bomo, Wstertown and Ogdensburg 1st, 47a47; Union Pacific land grant, 112J New York Central 1st, 124X Erie 2d conBol, 73a73J Lehigh and Wil kesbarro assented, 6a60 Denver and Bio Grande 1st, North Missouri 1st, 115 Kanaas Psclfio 2d land grant, 02 Central Now Jersey consol assented, 92a92X Alton and Terre Haute, 2nd preferred, 8iiC; Union Pacific, 1st, 111X; District of Columbia, 87J; Erie, funding, 78; Burlington, Cedar Rapids and Northern, 1st, 81 N. Y.

Elevated, 1st, llXilM; Wabash, St. Louis division, 93 Metropolitan Elevated, 1st, 103 Canada Southern, 1st, 83; Central New Jersey, adjustment, 103al03J( Iron Mountain, 2nd, 95; Central New Jersey, convertablo assented, 92; Chesapeak and Ohio, class 42ia43. The bank return of this week compares as follows with that of last week: I May 10. I May 17. I Differences.

Loans 8253,838,500 Inc. Hpeoie Legal 53,576,700 Deposits I 22 1,937,2001 Surplus I IW8J00l Circulation 18.703.000 Ino. 1S.3U0 230,42 lO.aW.SiSiDec 4,425 5,770.37.5 2,1100 The bank statement shows the effect of the demand which has been made upon tho depository banks for settlement during the week, and also reflects the large subscriptions to $10 refunding certificates, which make a steady drain of legal tenders. Tne subscriptions to these certificates to date amount to $15,800,000. The imports, including dry goods, for the week ended to day amounted to $5,047,400, making the total since January 1 $120,847,900 against $112,722,137 to the same time last year and $128,829,641 to ths corresponding date in 1877.

The Btock market was quiet but strong this afternoon. Between colls C. C. C. and Indianapolis mounted upward rapidly, followed by Lack, and Western and Central New Jersey.

The Grangers were firm and the Vanderbllt specialties and Erie were steady. The largest business to day was in Wabash, O. 0. 0. and Western Union, Lackawanna, Lake Shore and Grangers, In ths order named.

An Amsterdam special to Elernan says that tbe recent failures in Battendam and London in the African trade had no Influence In that city. P.M. Tho stock market was irregular but generally strong at tho close. Tho following table shows tho course ot the stjok market for this day 2:45 P. M.

Cloeln Opening. 35H est. Lowest. 3:15 P. Jt Central and Hudson 3ft 35 3TK 119'; llUJi 27ii 91 a 47K 18X si" 47 33 119 27 73jJ 1 57 94J? 130 49 83X Hanem Erie Union Pacific Luke Shore.

73J4 Morris and BIX Lack A West'n 55W Northwestern. Ji Northwestern pref Rock Island St. Paul St. Paul preterrefl Ohio and 15 New Jersey Central. fJH BanniDai St.

Western Union. 1118 Pacific Mail 14Jf Panama Miohian Central 61 Delaware A 47 if A AP.TelagraDh..... Illinois Contra! 27 mi sejl 63J 04X 138 49 B0j I5M 8 20 ti 85Js 238 20 112U 14X eiii Allentown, May 17. A freight train on tho Lohlgh Valloy Railroad ran into a ooal train at Rockport, near Lanry's station, last night. An engine and fifteen coal cars were wrecked, but no ono was injured.

Tho track is dear and traffio was resumed this morning. Fire in the mining Region. Allentown, May 17. A largo double breaker and a saw mill owned by A. Pardee at ITazloton, situated on tho estate of 8.

E. Roberts, and all the machinery, including two stationary engines, were totally destroyed by flro last night. Loss, inBiiranco, insured in the following companies Lycoming, $2,000 Farmers', of York, $2,000 Insurance Company of North America, Philadelphia, Hanover, Now York, Pennsylvania Fire Insurance Compmy, Philadelphia, Continental, Hew York, Franklin, of Philadelphia, $1,000. Frederick Durst was seriously injured by a fall of trestle work. Killed by Lightning.

Cincinnati, Ohio, May 17. During tho progress of a thuuderstorm on Thursday evening, at Fredericksburg, Samuel Durrell and JoBlah Mourning, two young men who had been working in a field and had taken refuge undor a large sycamore tree.were struok by lightning and InBtantly killed. Mourning was knookod into thejriver. Durrell wai found sitting up against the tree. Escaped Prisoners Captured.

Boston, May 17. Seven of the boys who escaped from tho Reform School donultorlea reoontly have been recaptured. Flouring: mill Burned. Cincinnati, May 17. A special diBpatch says Link Brothers flouring mill at Paris, 111., was destroyed by fire yesterday.

The loss is $15,000. There is no insurance. The Dartmouth College Rebellion. Hanoveo, N. May 17.

At a mooting of the Faculty of Dartmouth College, last evening, an extensively signed petition was presented by students apologizing for their recent action. This morning President Bartlett addressed the students, and said that in consideration of this expression thero would be no further action respecting the expelled men, but they would be received back Into regular standing. A rising vote was taken In favor of law and order in ths college, in accordance with President Bartlett's request, only a few Btudents rofusing to rise. The men who were pumped upon threaten to prosecuto tnelr assailants In the courts unless action is taken In the premises by the Faoulty. Insurance Losses.

Cincinnati, May 17, The loss by the burning of Llvezoy's Bawmlll at Newport, last night, was $40,000 insured in the Niagara, of New York Home, of New York Roger Williams, of Now York Lancaster, of Philadelphia, and North America, of Philadelphia, $1,000 in each the of New York, and Lancashire, of England, $2,000 in each tho Exchange and the Knickerbocker, of New York, $2,500 in each, and in the Kenton, of Ken tacky, $3,100. Weather Probabilities. Washinqton, May 17. For tho Middle Atlantlo States, higher pressure, stationary or lower temperature, partly cloudy weather, with local rains and variable winds, mostly from north east to southeast, RECORD OP THB THERMOMETER. The following is tho record of the thermometer as ieptattheBBOOKLYN Daily Eaole office: iiu BO I II) A.

00 Jam bm uo Jam 68 2P 70 ip. Average temperature to axe temporature same day last roar vjh.