The Brooklyn Daily Eagle from Brooklyn, New York • Page 6

NETVPfJBl.ICATIONS. OIILLINERV. his wife bad talked it over before her death, and that his wife had said something which he could not tell her RESTORATION. HOMAN EARLE. I O'CLOCK EDITffi with mam.

A Kemble owned his maglo spell A Kean, to "Brutus" self so true, (As true to Art and Nature's laws) He seemed the man the poet drew, And shared with him the town's applausa V. Kind hearts and brave, with truth severe He drew, unconsc'ous, from his own 0 nature rare But pilgrims here Will of t'nest say, in pensive tone With reverent fooe and lifted hand, Twos he by Fortune forced to roam Who, homeless, In a foreign land, Eo sweetly sang the joys home 1" After the ode, which was delivered by the poet, the orator of the occasion was introduced. WILLIAM O. DEWITT who spoke bb follows We meet among grand and familiar scenes; Only a short distanca from the southern slope of this Park the wave of the Atlantio, breaking upon our ooaat present one of the ocean boundaries of the great republic which is our nation's home. Nearer still, beneath the deolining sun, gleam the more peaoeful waters of the bay which Is the imperisl gateway and harbor of our Empire State, and down the northern and the eastern vista rise the compact walli and many steeples of our own Brooklyn the oity of homes, end home of cities yet to be while all about ub, in this vaBt assemblage beneath the autumnal foliage, are the faces whioh around our hearthstones kindle with joy when we are prosperoas and happy, and darken with anguish when we are strioken with sadness or affliction.

Among BceBeB thus beautiful and familiar, Brothers of the Faust Club, wo come to consecrate one of the cardinal virtues, and to erects monument to the memory of the author of "Home Sweet Home." It is not merely the individual that we wish to commemorete, but it is, besides, the love of home with which his name is inseparably interwoven for bU time. Like Virgil in his iEneid we tike a double subjeot. Wo celebrate the sentiment and the man, home and the author, tho fireside and the stage. HIS LIFE. John Howard Payne, whoso living presence long since resolved to dust, in some measure reappears in CIT1 HALL NOTES.

The Board of City Works met this morning and opened bids for cleaning the streets of the Eastern and Western Divisions for the next three month. The bids were as follows Thos. Dlnnigan. Thirteenth Ward 8950 Patrlok Lyons, First Ward 1,040 Patrlok Lyons, Thiid Word 1,660 Patrick Lyons, Fourth Ward 1,400 Patrlok Lyons, Tenth 1,804 Patrlok Lyons, Eleventh Ward 1,060 John Lpnory.Bocond 1,676 Owen Dougherty, Second Ward .1,760 Tho.Geavey, Third Ward 1,600 Thofc. Geavey, Fourth Ward 1,600 l'hos.

Geavey, Eleventh Ward. 1,000 Jas. Morris anffMiohael HoBey, Fourth Ward 1,826 Jas. Morris and Michael Hoaoy, Sixth Ward, 1,760 Jas, Morris and Miohael Hosey, Tenth Ward 1,426 Wm. Flaherty, Fourth Ward Wm.

Flaherty, Filth Ward 1,650 P. H.Mubean, Fourth Ward 960 P. H.Mulrean, Sixth Ward 1,650 P. H.Mulroan, Eighth Ward 6 P. H.Mulrean, Twenty sroond Ward 6(0 M.

Coloman, Fourth Ward 1.600 M. T. Coleman, Sixth Ward 2,000 M. T. Coleman, Tenth Ward 1,660 M.

T. Coleman, Eleventh Ward ICS. M.T.Coleman, Twelfth Ward 8W Jas. Hyde, Fourth Ward Jas. Hyde, Jas.

Hyde, Fifth Ward 1,700 ThOB. Olyne, 81tth Ward 1.6J0 Thos.01yne, Twelfth Wa. 686 Matthew Smith, Fith Ward 1,826 Patrlok Dunn, Ktghth Ward 680 Patrick Dunn, Tenth Ward 1,600 Patrlok Dnnn, Eleventh Ward 800 Patrick Dunn, Twelfth Ward 6C0 Patrlok Dnnn, Twenty second vard 776 Lawrence Hlcltej Eighth Ward 460 Lawrence Hickey, Twenty second Ward 798 Charles Hart, Bighth Ward .800 Onarles Hart, Tenth Ward 1,600 Charles HartTwentyseood Ward .900 Patrick Diruugan, Hleventh Ward 1,000 Thomas A. Shea, Thirteenth Ward .993 Thomas A. Shea, Fourteenth Ward 1,190 Thomas A.

Shea, Fifteenth Ward 950 Thoniaa A. Shea, Seventeenth Ward 9i0 Thomos A. Shaa, Eighteenth Ward .660 Philip Stark, Tbirteenth Ward. ISJt Philip Stark, Fourteenth Ward 1,250 PhlJip Stark, Fifteenth Ward 1.175 Philip Stark. Slxteonth Ward 2,000 Philip Stark, Seventeenth Ward UW Philip Stork, Eighteenth Ward 725 The whole Eastern Division for lWi Samuel P.

Little, Thirteenth Ward V90 Henry J. Simons, Thivtornth Ward 749 Henry J.SImonn, Sixteenth Word 9J0 Henry J. Simons, ftighternrti Ward ta Peter Blake, Foarioenth Ward Peter Blake, Flftienth Ward Peter Blake, Seventeenth Ward 1,195 Peter Blake, Eighteenth Ward .676 Jon. Connors, Fourteenth Ward 1399 Jno. Connors, FlSecnSi Ward 1,299 Jno.

Connors, Seventeenth Ward 799 Jno. Connors, K' htoenth Ward 899 Dennh Blake, Seventeenth Ward 999 DennlsBlake, Etgateenth Ward 575 The lowest bidders are as follow3: First Ward Thomas Dinnisan 8930 Second Ward Joha Lowery 1.675 Third Ward TSomas Gleavy. LIjOO Fourth Ward P. H. Mulrean .90 Fifth Ward Mattuew Smith 1,316 Sixth Ward Thos.

Clyne LKO fiighth Ward Lawteace Hickey. 40 Tenth Ward Patriok Lyons 1,390 Eleventh Ward Patrick Dunn 890 Twelfth Ward Patrick Dunn 6M Thlrlecnth Ward H. J. Simons 719 Fourteenth Ward Thoo. Shea Fifteenth Ward Thos.

A. Shea j0 Sixteenth Ward John Simons 930 Seventeenth Ward John Connors 799 Eighteenth Ward John Connors 899 Twenty second Ward P. H. Mulrean 650 Total $16,767 It Ib provided by the new oharter that contracts shall be awraded to the lowest bidden It is believed that some of the above named bidders will not enter into contract, as their figures are lower than the work has ever been done for properly. There ia a balame of $36,000, applicable to the purpose of cleaning streets tbe remainder of the year.

JJARPBR BROTHERS'S LATEST PUBLICATIONS. nnni a. DnuioKtus wui Moa either ot the following works by mail, postage prepaid, to any vtrt ot tha United States, on receipt of the price. Hurler's Catalogue mailed free an recelnt of six nut in postage stamps. THB LAND OF MOAB.

The Result of Travels and Di dan. ByH.B. TwsTEAir.M. LL.D., F.R.S., Muter of the Oroathara Horpltal, and. Honora.

Canon of Durham. With New Map aad IUfatraUons. Crown iio. Cloth, $3X0. (Ready next week.) FLAMMARION'S ATMOSPHERE.

The Atmosphere. Translate! zrom me tivuvm v. Edited by Jamzs GLA1SHKB, F. 8.. 8urrtatondent of the Mignetical and Mjteorologleal Department of the Royal Observatory at Greenwich.

With 10 Ohromo Lithographs, and 86 Wood cuts. 8vo, Cloth, 86.00. TVERMAN'S OXFORD METHODISTS. The Oxford metnodists Memoirs oi tne rtev. mesar.

uiwum ham, mbold, Hervey, and BroughtonjWith Biompbl cl Noi Ic es of By the Rev. Tvebman, author of "Life and Times ol the Rev. John Wesley," 4c. With Steel Portraits. Crown 8vo, oloth, $3.60.

(Uniform with Tyerman's "Life of John Wesley1) TV THE BAZAR BOOK OF HEALTH. The Dwelling, tha Nuery, the Bedroom, the Dining Room, the Parlor, tha Library, the Kitchen, the Sick Room. 16 mo, cloth. $1. gjniform in stjle aud price with the Bacar Book of V.

CASTELAR'S OLD ROME AND NEW ITALY. Old Rome and New IUly. By Emiuo Castelab. Trana Blated by Mrs. Author Arnold.

12mo, cloth, $1.75. LIFE OF ALFRED COOKMAN. The Lile of the Rev. Alfred Cookman. By H.

B. Ridoway, D. D. With Portrait on Steel. 12mo, Cloth, $2.

VII. I GO A FISHING. By W. C. Prime.

Author ot "Boat, Life in Egypt and Nubia," "Tent Lite in the Holj Land," "Later Years," "The Old House by the River," Ac. Crown 8vo, Cloth, $2.60. vni. ANECDOTES OF PUBLIO MEN. By JOBS W.

Forset. 12mo, Cloth, $2. IX MISS BEECHER'S HOUSEKEEPER AND HEALTH KKEPER. Containing Five Hundred Recipes for Economical and Healthlul Cocking also, many Directions for securing Health and Happiness. Approved by Physicians ol all Schools, ninstrations.

limo, Cloth 81.5s. FARM BALLADS. Bj Wiix. CAnlixos. Illustrated.

Square 8vo, Cloth, Beveled and Illuminated, $1. Gilt Edges, $3.59 HE NEW NOVELS OF THE SEASON PUBLISHED BV HARPER 4 BROTHERS, New York. Sent by mail, postage prepaid, on receipt of prioe. i MISS DOrOTHY'S CHAT.GE. By Frask Leu BESE Author of "My Daughter Elinor," "Miss Van Kortland.dc, 4c.

6so, Paper, 81; Cloth, next Week.) STRANGERS AND PILGRIMS. By Miss Bbaddox. Author of urora Floyd," "Eleanar'a Victory." "BlMa of Prey," "Lovels of Arden," "To the Bitter tint'." 4c. Ulustrated. 8vo, Paper, 75 cents.

(Ready on alonaai A SIMPLETON: A Story of the Dav. By Charles Reads, Author of "Hard Cash," "Pat Yourself la His Place." "Never Too Late to Mend," 4c, 4c. 8 vo, Papor, 9 cents Cloth UU. TOO SOON: A Study of a Girl's Heart. Bv Katharine S.

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WILKfE COLLLVS'S NEW MAGDALEN. The New Magdalen. By WU.K.IE Coluks, Author ot "The Woman in White," "Armadale," "Moonstone," "Man and Wife," 4c, 4c. 8vo. Paper, 60 cents.

'HE COMETH NOT SHE SAID." By ANNIE THO BUS, Author of "On Guard," "Walter Goring," "Theo Leigh," "Played Out," 4c, 4c. 8vo, Paper, 50 cents. 8. THE HOUR AND THE MAN. An Historical Ron auce.

By HabbT Mabtineau. New Edition. 8vo, Paper, 50 cents. 9. LONDON'S HEART.

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A NEW VOLUME OF THE INTERNATIONAL SCIENTIFIC SERIES. MIND AND BODY. THE THEORIES OF THEIR RELATION. By Alexander Bats, LL.D., Professor of Logio in th Univorsity of Aberdeen. I I2mo.

Cloth. Price, 81.50. This forms the fourth volume of the "International Scientific Series," which is intended to embrace a series popular small works in the most interesting departments of advancing science. The volumes already issued are: I. FOR3IS OF WATER, in Clouds, Rain, Rivers, Ice, and Glaciers.

By Prof. JOHN TvNDALL, LL. F. R. S.

1 12mo. Price, $1.50. II. PHYSICS AND POLITICS. By Wai TKB BaOEBOT 12mo.

Cloth. Price, $1.59. III. FOODS. By Edward Smith, M.

LL. F. R. S. I 12mo.

Cloth. Price, $1.15. II. CIVILIZATION CONSIDERED AS A SCIENCE, IN RELATION TO ITS ESSENCE, ITS ELEMENTS, AND ITS END. By Geoeoe Habeis, F.

S. A. 1 13mo. Cloth. Price, 81.50.

The principal object aimed at in the following pages is to exhibit a comprehensive though concise view of the outline ot civilization, to demonstrate its capacity for scientific treatment, as also for practical application, and to evince the necessity for cultivating overy branch of it alike, in order to Insure tbe establishment of it as an entire system or condition. Extraot from Preface. HI. A MANUAL OF MIDWIFERY, INCLUDING THE PATHOLOGY OF PREGNANCY THE PUERPERAL STATE. By Dr.

Karl Schroedeb, Professor of Midwifery in the Lying in Institution of Erlangen. Translated into English from the third German edition, by Charles H. Carter, M. D. With 26 engravings on wood.

1 ototh. Price, 83.50. The translator feels that no apology is needed in offer inonimnditinn nf Manual of Midwiferr. The work is well known in Germany, and extensively used as a text DOOK It naaaireauy renuuuu a tuitu euiuuu w.iu in the short space oi two years. Extract from Preface.

IV. Two New Volumes of the 12 mo. Edition of Cooper's Novels. THE WYANDOTTE AND THE HEADSMAN. By J.

Fesiuore Cooper. Price, $1.50 each. V. Volume III. of THE POPULAR SCIENCE MONTHLY.

Conducted by E. L. Yocmans. From May to October, 1878. Price, $3.50.

Either of the above, when not to be had in bookstorai, sent free by mail to any part of the United States, on receipt of tbe price. rAN NOSTRA ND'S SCIENCE SERIES. NO. 4 NOW RKADY. PROPORTIONS IN PINS USK1 IN BEUJGES.

Br CBAT.LES BeSDER, C. E. lUustiav.cd. 8mo, boards, 60 cents. yAI( NOSTRANd.

Publisher. No. S3 Murray No. Warren sL, N. Y.

Copies sent free by mail on receipt of price. CORFOKATION NOVICES. flAYOR'S OFFICE, SEPT. 27, 1873. ALDERMAN MclNTTRE, Eighth Ward: In consideration of the suspension of the Eigh Ward Foundmoster, and until tho Common Council take some action upon the matter, I would request that you Uke obArgeofthe Eighth Ward Pound EPARTMENT OF CITY WOEKS, CITY HALL, Bbookltn, September 27, 1873.

Tha found nmnosala were onened and announced SeD 1873: Proposals lor cieanmg atreew, removingosuee aim garbage, from October I to December 31, 1873 (both In 0lThomas Dinuegan, First Ward, 89(0; sureties, Thos. Smith and John Sheeny. Patrick Lyons, First Ward, Third Ward. Fourth Ward, $1,400: Tenth Ward, $1,300: Eleventh Ward, sureties, Herman Tope and Michael Coli "john Lowery, Second Ward, sureties, John and Franeis Msrkoy. Owen Dougherty, 8eoond Ward, sureties, H.

McLaughlin and Wm. MoLaughlin. Thomas Gleavey, Third Ward, 81.600: Fourth Wrd. $10; Eleventh ward, sureties, Jesse C. Smith Joseph Morris and Miohael Hosey, fourth WmLS Sixth Ward, Tenth, Ward, $1,425 sureties, Wm.

P. DWn.rFlahert,,FounrthWard Ward, $475: Twenty second Ward, 8650; sureties, Miohael Mannlon and John Buchanon TenthW.rd,' $1,650: El.Sttwlrf7MJW0: Urolith Ward, $900; s'rtfis. N. B. Morse and J1.

S. Mc Closkey. w. MJIm. KiaTenth Ward.

fffi? MWWard, sureties R. F. Brown and Ward, $1,500: Twelfth Ward, $685; Sixth and Twelfth Wardf together, sureties. Chas. sureties, Jno.Py Ward.580; Tenth Ward.

$1,500: Elovwfh Ward Twelfth Ward, $600 Twenty second Ward $774 sureties, James Galvln and Roger Gilgan. LawVlnoe' Ward, $46U lenty second Ward $798; sureties Patrlok Hefernan and Jno. Corboy. Ooarles Hart JJigbth Ward, 8800; Tenth Ward, 81,500: Twenty second Ward, $900; sureties, Timothy Farley and JpwADinnigan, Eleventh Ward, sureties Thos. Connorton and Chae.

Hart. Thos A. Shea, Thirteenth Ward. $993; Fourteenth Ward, 81.190 Fifteenth Ward, $950; Seventeenth Ward. 890o7EUhtcenth Ward, $650 surotlos, Thos.

Sheffield and PatrickShea. wkole ELteru Division' for SWo7 Geo: StXisuirSyf, sureties'. Chas. H. Hamilton NattM onth Wsrd, iureties, Thos.

Rowlanson and Alfred SgS.eJ,fr1.hteonttt WM. A. FOWLER, R. M. WHITING, Karerarv.

it. Ij. ANDREW CDNNlJilitlAOl as vjivy ireuaurer iva piaca fit a A Snragiie. resigned,) were duly approved and or Sh file hi accordance with law. selsst Attest: WM.

G. BISHOP, City Clerk. LEGAL, NOTICES. in. mHE CITY COURT OF BROOKLYN I James Cromble, plaintiff against George 8.

We and othera, defendants. In pursuance of a judgmcat of foreolocnre and sale, made iu this action on the "Tib. day of Soptember, 1873, 1, the undersigned referee, will sell, at publio auction, on the 20th day of October, 1873, at 12 o'olooknoon. In tho rotunda of the Cou Hovso, in the Oity of Brooklyn, Ktnga County, the lots of land aid nrcm In r. ill itlA trmbnt.

mmillnnul ntl HmnrEhMl fnlloWS AUthattractorparcel of land, situate in the Ci of Brooklyn, County of Kings, and Stato of New York, on the south aide of Bainbridge itreet, in said cily, bounded and described aa follows, Commencing at a point on the south aide of Bainbridgo street, one hunded and dfjr teat east from the point intersection formed bvhe east Una of Patchen avenue and thesonth line o. Ealibr.dge street, andrninins thence southerly and parallel with Patcher. ami, Tin aTtntvjdx feet and eleven inobei; thence ocatorly and parallel with Balnbrldge patohen nJ2.KSSJl JhenoT westerly along the couth line of rtSVfortMwX et to tne place ofbegin BAinbridKe "'f? and aU the appnrtenan Brooklyn, 27ttf Septem belonging. NRY j. qrh AT A Referee.

cSrE4 0AgEjPhltat'g'AttD8 se27 3wS4jj KESTAUHAlffr. NTTED STATES HOTEL, Corner of FULTON AND WATER N. Y. RESTAURANT OPEN ON SUNDAYS. GOOD ROOMS At moderate prloes.

JEW GOODS, NEW GOODS, NEW GOODS, GREAT BARGAINS, GREAT BAEOAIN8, GRKAT BARGAINS, IN NEW FALL MILLINERY GOODS. I JEW FALL MILLINERY GOODS. NEW FALL HILLINfiRr GOODS STRAW HATS, HATS VELVET HATS, ALL THE NEW STYLES, TRIMMED AND UNTRIMMED. RIBBONS, FEATHERS AND FLOWERS, NEW HOSIERY, GLOVES, UNDERWEAR, CORSETS, HOOP SKIRTS, BUSTLED, NOTIONS, 4c. GENT'S FURNISHING GOODS.

Look at oar TWO DOLLAR DRESS SHIRTS, The best for the prico la the market. Please oxamine our stock, and compare prices with any house in New York or Brooklyn. DWYBR'S TRADE PALACE. NOS. 250, 353 AND J54 COURT STREET, Corner ol Harrison st, ADIES' BOUND HATS.

ALL THE NEW SHAPES. WITH SPECIAL STYLES OF OUR OWN, IN BLACK, BROWN, AND DRAJB CHIPS OR STRAW, LONG OSTRICH PLUMES, OSTRICH TIPS, FANCY FEATHERS, WINGS, 40., For the Fail at BALCH, PRICE A 195 FULTON STREET. Lac BOUT THIS TIME hanlnhtn. 1st nf what, ftf ttlQV shall wear for head covering the cominjr season: whether they shall hove a pretty straw or felt trimmed up for present use oi whetner to don at once the dressy and erponetve velvet. To all in this perplexing quandary SDXgeeuoo IS gTBtuitonqiy uiroiro out mat ai, NORTH'S.

9B1 FITTTON ST. Can be selected, at reasonable prices, hats of almost every rant nssorlment of OSTRICH PLUMES, TIPS and ancv FEATHERS. Fine French FLOWERS in variegated bunches and trailing vines. Grot, Grain RIBBONS a the new colors. Jet and Steel ORNAMENTS, LACES.

VEILS, RUCHES and BONNETS and HAT FRAMES. Straws and Felts blocked over in the Fall shapes and vel. vet WATS steameaanu aiterea over. The name NORTH. The number 254 FULTON ST.

piALL OPENING. 1873 p. O. HANLON, 6 and 8 GREENE AV. corner of Oxford st, Is now prepared to show yon a choice, well selected stock of Consisting of Colored and Black Silk VELVETS, Colored and Black ukus uk muim, uoiorcn onauiacKTUKOuoibE, FRENCH FLOWERS, OSTRICH TIPS, FANCY FEATHERS, WINGS, BANDS of the newest shades.

Rich assortment of JET and STEEL ORNAMENTS. STRAW, VELVET, PLUSH, FRENCH and AMERI CAN FELTS In the Latest Styles and Colors. BLACK ENGLISH CRAPES, LACES, 4c, Ae With tho latest novelties In the MILLINERY LINE. jyILLINEBY. SPECIAL OPENING.

OF OPERA AND FULL DRESS. BONNETS AND HATS. WEDNESDAY AND THURSDAY, OCTOBER 1 AND 2. MRS. H.

M. WINTER, 489 FULTON ST. TILL1NERY OPENING. MRS. WILLIAM HORTON WILL EXHIBIT A CHOICE STOCK OF FRENCH BONNETS, ROUND HATS, FEATHERS, FLOWERS, 40..

ON WEDNESDAY A(D THURSDAY, OCTOBER 1ST AKD 20. No. 417 MYRTLE AVENUE, NEAR CLINTON AVENUE. 1LLINEBY OPENING, At WILSON'S 190 FULTON ST, near Orange. we nave now reaay xor inspection, an ELEGANT ASSORTMENT OF BONNETS AND ROUND HATS, All the new shapes and ahades in SILKS, RIBBONS AND VELVETS, FEATHERS AND FLOWERS Tho Latest novelties in Millinery.

MILLLNEBY KISSIOK 4 FORD, 192 FULTON ST, A FINE VARIETY OF BONNETS AND ROUND HATS, IN LATEST STYLES. And made to order, in good taste. Also, a full asssortment of millinery goods at reasonable prloes. GIVE US A CALL. PENING.

MRS. D. SMITH Will have her Regular FALL AND WINTER OPENING ON WEDNESDAY, OCTOBER 1, 1C7S. LARGE DISPLAY. IMPORTED BONNETS AND BOUND HATS iSD MILLINERY GOODS.

TJARIS MILLINERY MISS D. CUNNING JT HAM will exhibit on WEDNESDAY and THURSDAY, October 1 and 2, an elegant assortment oi Par.slan novelties In pattern bonnets and hats, as well as tho3e of her own manufacture. Her customers and tho ladies generally are as no cards have been issued. 465 Fulton st, near Lawrence. FITBNITURE.

JANG NAU, 4 NAU, 4 NAU, 4 NAU, DEALERS, DEALERS, DEALERS, DEALERS, 294 94 294 294 STREET, STREET, STREET, STREET, TO SELL TO SELL TO SELL TO SELL THE THE THE THE THE THE THE THE THE STYLES STYLES STYLES STYLES STYLES STYLES STYLES STYLES STYLES INCLUDING INCLUDING INCLUDING INCLUDING INCLUDING INCLUDING INCLUDING INCLUDING INCLUDING SUITS, SUITS, SUJTS, SUITS, SUITS, SUITS, SUITS. SUITS, SUITS, SUITS, SUITS, SUITS, SUITS, SUITS SUITS, SUITS, SUITS. SUITS, SUITS, tc, SUITS, 40.. SUITS, 4c, SUITS, SUITS, 40., SUITS, 40., SUITS. 4c, SUITS, 40., SUITS, IN THE IN THE IN THE IN THE AND OF THE VERY AND OF THE VERY AND OF THE VERY AND OF THE VERY AND OF THE VERY AND OF THE VERY AND OF THE VERY AND OF THE VERY AND OF THE VERY ST ST ST BT IALS, JALS, IALS, IAL8, IALS.

IALS. IALS. IALS, IALS, PRICES. PRICKS. PRICES.

PRICES. GUARANTEED I GUARANTEED I GUARANTEED GUARANTEED 4 NAU. 4 NAU. 4 NAU. 4 NAU.

LARGE STOCK LARGE STOCK LARGE STOCK LARGE STOCK AND USEFUL GOODS. AND USEFUL GOODS. AND USEFUL GOODS. AND USEFUL GOODS. AND AND AND AND THE THE THE THE THE THE THE THE THE STOCK.

STOCK. STOCK. STOCK. STOCK. STOCK.

STOCK. STOCK. STOCK. 394 TON THE HAIR WHITE'S FACTORY, NEW YORK, SHOWROOM, AT UPSTAIRS, BROOKLYN. GOODS, whioh are now told at wholesale prloes.

Call complete 'took of Sue goods. Yon can alto boy REAL HAIR SIDE CURLS, 60 OBNTS. BBAL HAIR POMPADOUR SWITCH, (UN, AND AN ELEGANT ONE FOR 45.00. HAIR DRESSING, FIRST OltASS STYLE, CTS, 4pl BS. G.

RHTOD'S UnJJNBKY OPENING Will ta'te nlaoe on WEDNESDAY and THURSDAY, October 1 and S. The Display of Round Hats and Bonnets will be as heratafore. very select and novel. nerotorore, MYRTLE AVBNUE. Jj.

MOLD. MO. 414 FUIiTON vtii exhibit WEDNESDAY, September at. her fcpoftatioD of Frenoh bonnets and novelties in millinery xor tne ensiling senaon. BEATTr BEGS IEAVis TO lJNtfUKML her customers and the publio that ahehoa now on eAtbttion a large collection ofbonneta and round hate in all the varieties of the season, whioh she purposes selling at the loweit pocslbla prices.

Please make an early oalT. 8M Fulton st, third door from Navy. A. I. MOLD WILL OPEN FALL AD Winter mllunery at her new store.

No. 14 Fulton etreet. WEDNESDAY, September 8t ELASTIC TRUSSES. rpm "HOPES DEFERRED" OF THREE 1 centuries have borne fruit at last by the lavention oTthe new ELASTIC TRUSS that oureB hernia. It is worn with ease mght and day and kept on till the rupture is onrad.

Sold at moderate pTices, and sent by mall to order by the ELASTIC No. S3 Broadway, N. Y. Oity, who supply eirculara free. iHE OLD FASHIONED "Elastio Trust" ii out of date.

POTIEROYS ELASTIO RUPTCRE BELT Is far beiter, and only $3, at 7M BROADWAY, NTy. tJliOTHIlvG. JJROOKS BROTHERS. CLOTHIER 8, EAST FOURTEENTH STREET, AND 116 AND 118 CHERRY STREET. NEW YORK, Havo juBt opened and now offer for sale A NEW AN.D VERY COMPLETE STOCK GOODS FOB FALL AND WINTER WEAR.

INANCIAC. TC1DWABD HAIGHT BANKERS, 9 WALL ST, NEW YORK. INTEREST ALLOWED ON DEPOSITS. TEA AND COFFEE. A A NOTICE A SPECIALTY.

EXTRA CHOICE BLACK TEA, OOLONG, 66o. per lb. EXTRA CHOICE GREEN TEA, HYSON, 60o. per lb. EXTRA CHOICE ENGLISH BREAKFAST TEA, Wo.

per lb. EXCELLENT COFFEE. 85o. per lb. Sold only at the original BROOKLYN TEA AND COFFEE STORE, 161 Fulton st, comer of High St.

ESTABLISHED ENGLISH BREAKFAST PACKET TEA COMPANY. WHOLESALE DEPOT, 16 BROAD ST, N. Y. This really fine ENGLISH BREAKFAST TBA Price One Dollar por pound. May be had in packets from the leading druggists.

The ollowinp are some of the agents in Brooklyn Althans. Chas. D. Amend, 191 Fulton St. Bassett, F.

M. cor. Court st, and Atlantic av. Apol, A. 630 Fifth av.

Bell, A. cor. Fnlton and Cumberland ate. Boswell, H. 69 Fourth st, Wllllamsburgh.

Boswell, H. 0., 160 Bedford cor. Ponn, D. Boawell, H. US Grand D.

Brown, G. 957 Fnlton at. Benjamin. J. Tompkins av aad Decatur st.

Cahn, Samuel, 782 Fulton St. Cook, C. 331 DeKalb cor. Clermont. CbampUn, Jos.

218 Court at. Cutta, F. 988 Fulton at. Chichester S. 857 Myrtle cor.

Adolphi. Clark. Oh. E. 56 Myrtle cor.

Classen Dm lings Pharmacy, 480 Atlantic av. Day, Carlos K. 1002 Broadway, cor, Ralph av. Dayoock, W. Bedford av, cor Gates.

Dower. A.J.,Xi Smith st. Forester, Mrs. 905 Smith st. Grove, John, 69 Atlantio av.

Hoidenroioh, Bros. A IS7 Atlantic av. Heidenreich Bros. cor. Fulton st.

and Gates av. Huemmoler, A. 539 Court at. Hobbs, R. 118 Atlantic av.

Irish Jackson, 81 and 33 Fulton at. Jones, Thomas, cor. Fulton at. and Clasaonav. Kimball, J.

cor. Fourth av. and Ninth st. Kitchen, O. 845 Fnlton t.

Always Open. LahBy, T. 146 Smith at. LeLn.Xonis, 145 Atlantio av. Livingston, B.V.

231 Grand at. E. D. Livingston A Underwood, cor. Bedford av.

and Taylor st, E. D. Livingston A Wenzpl, 816 Broadway, E. D. Manney, O.

645 Fulton st. Mathews A 1,143 Fulton cor. Franklin av. Nelbrugge, J. 60S Bedford v.

O'Sulliran, 1,692 Fulton st, Peduzai, G. cor. Fulton st. and Elliott plaoe. Peoples' Drugstore, 405 East Warren.

Sayre A Co, 461 Myrtle cor, Washington. Saunders, J. W. A 361 Grand st, E. D.

Sohalfor, J. Le Grand, cor. Fourth av. and Dean St. Scott, Thomas, 305 Court st.

UnderhiU. J. 897 Olasson cor. Greene. Willson J.

H. 323 Court at. FlItZVITlKE. ANG NAU, LANG LANG LANG FURNITURE FURNTIURE FURNITURE FURNITURE 292 293 292 FULTON FULTON FULTON FULTON OFFER OFFER OFFER OFF1SR ALL ALL ALL ALL ALL ALL ALL ALL ALL NEWEST NEWEST NEWEST NEWEST NEWEST NEWEST NEWBST NEWEST NEWEST FURNITURE, FURNITURE, FURNITURlS, FURNITURE, FURNITURE, FURNITURE, FURNITURE, FURNITURE, FURNITURE, PARLOR PARLOR PARLOR PARLOR PARLOR PARLOR FARL9R PARLOR PARLOR CHAMBER CHAMBER CHAMBER CHAMBER CHAMBER CHAMBER CHAMBER CHAMBER CHAMBER DINING ROOM DINING ROOM DINING ROOM DINING ROOM DINING ROOM DINING ROOM DINING ROOM DINING ROOM DINING ROOM MADE MADE MADE MADE BEST MANNER, BEST MANNER, BEST MANNER, BEST MANNER, BEST MANNER, BEST MANNER, BEST MANNER, BEST MANNER, BEST MANNER, BB BU BE BE MATER MATER MATUR MATER MATUR MATER MATER MATHR MATJSU A A A A NEW YORK NEW YORK NEW YORK NEW YORK ALL ARTICLES ALL ARTICLES ALL ARTICLES ALL ARTICLES LANG LANG LANG LANG HAVE A VERY HAVE A VERY HAVE A VERY HAVE A VERY OF MOST ELEGANT OF MOST ELEGANT OF MOST ELEGANT OF MOST ELEGANT CALL CALL CALL CALL EXAMINE EXAM INK! EXAMINE EXAMINE EXAMINE EXAMINE EXAMINE EXAMINE EXAMINE 392 FUL THE HAIR. 4 WHITE'S FACTORY, 8 GRAND STREET, OR HIS COSBY LITTLE SSO FULTON STREET, You can find a splendid assortment of FINE HAIR early and secure a GOOD BARGAIN, in addition to a PATENT HAIR SWITCHES, 40 OBNTS, SOLID REAL HAIR SWITCHES, (3.00, A VERY NICE ONE FOB 83,10 OPEN EVERT EVENING IN BROOKLYN.

then but wmcn sue wuuiu wine uay iuiuw. xc uu snibed to her the kind of a wife be Intended to marry, and significantly said that he knew of suoh a one, the plaintiff answering the description. He told her that he expected she would some day know all his business, and various other expressions of a similar significance. After this had continued about two months, upon an occasion when the defendant expeoted to leave home for a few days, THE SUBIEdT OF THEIB BELATTONS was alluded to, when" the plaintiff told him that he had said many things whioh she thought meant a great deal, but that he need not feel tinder any obligation from what he had said, and that he was free and at liberty. He only answered at (tie moment that be regretted that she had misunderstood him, without explaining in what rftftrw.fc she had mlsnndarfttood him.

but he drew i bis chair nearer, drew his arm round her, and told her tnat ne tnougnt a great ueai 01 ner ne xemaurcu uuvu quite late, and Baid he did not want to go home. Upon his return from his journey, hs immediately called at her house, and finding her absent, engaged in her avocation of dressmaking, be went where she was at work and was very cordial, kissing her upon meeting and parting, teld her he had been very lonely, etc. Ho was intending to bo absent a few days again, and requested the plaintiff to write to him. She declined, saying he would know his mind better in the Fall. Upon his return he made a visit continuing late in the evening.

At this visit, according to the plaintilTB evidence, he made a formal declaration of love. "He said he loVed me, and I was all the world to him; he asked me if I loved him" "ifloonld return it. I said I could and did." The defendant doeB not seem to remember much of this interview. What inference is to be drawn from these facts 7 The plaintiiThadnotifledhinikoivsheregardedhiBadvances, but frankly released him from any implied obligation; had declined to write to him, intimating that he saouM make up his mind definitely. Yet with this notice, and warning, and rrquejt, he continues his suit with renewed vigor and perseverance ending ina mutual pledge of love and endearing caresses.

What the parties fcitended by these acta and declarations; what is the correct translation of them ia for a Jury and not a court It Is a question of fact and not of law. They are capa hie of a constrnctJon tending to corroborate the plaintiff's evidence, that while he did not say in words that he would marry her, she had a rightte expect he meant it. If he did not mean that what did he mean It was for the jury to say. The parties were then separated for six weeks, one or both being ABCENT FROM THE OITY. Immediately upon tholr return in September, the defendant commenced and oontinued his visits as before, three or four sometimes twioe a day, both in the day and cvening.of ten staying quite late.

These visits were appercntly of the Bame cordial and affectionate character, and at one of them the defendant informed tho plaintiff that he intended to marry when the year was up, that he supposed it would mske a great talk but he should not care, and asked the plaintiff if she should caro and what she thought about it. The jury may havo thought this was strongly confirmatory of the plaintiff's right to expect marriage, and that the defendant intended she should so regard it. On the 20th of October the defendant requested a note from the plaintiff as to the character of hiB visits. Upon being arited his reasons for it, he told her that was as much (or her good as his, that he didn't want her folks to know (or think) (here was any understanding between them so soon. He drafted the note, and she eopied it, retaining the draft.

It was, in Bubstance, that she regarded hiB visits as evidence of his friendship "and nothing more." There is a discrepancy between the evidence of the plaintiff and defendant, as to the circumstances under which this noto waB given, but tho Jury may have believed the version of the plaintiff, and if bo, that the language of the defendant amounted to an admission that there was an underatanding or engagement between ihem. The faot is that sometime prior to this the defendant had become acquainted with the lady, whom he afterwards married, and was probably engaged to her at that time, and the jury doubtless believed (hat his obiect in procuring the letter was not for the reason assigned, but to relievo himself from AN OBLIGATION which he felt that he bod inouxred, and that he transaction reviewed in this light waB not quite in accordance with the code of morals which an Elder of the ohurch should praotioe. It probably had a very damaging effect with the jury, but wc have no power to Bay that tney snouia ueueve one witness lnsteaa 01 auuuier. The letter written by the defendant Boon after to the plaintiff may also have been viewed in the light of a confession. He said: "I feel thet I have done you a great wrong.

It is me that ia to blame, not you." At the Bubsequent interview, upon being charged by the plaintiff with tbe engagement to another lady, the defendant adm'ttcd it, andf when she recalled what he had said and done, and asked what he meant by them, withoutjdenying any of them, or that Bhe was justified in regarding them as serious, he replied, little witchery." The relations of the parties then ended, and the defendant was married the BubEcquont Spring. After a careful examination of all the evidenoe, and the very able and elaborate briefs and arguments of the respective oouubcI. and the otiuione of the Judge at the Gen eral Term, we thiuk that the evidence is legitimately capame or a construction to warraLt tne vercict lor tne plaintiff. Acts and even declarations which, between some persons, and under some circumstances, might be unimportant, would be significant and decisive between other parsons aud under other ciroumstanoes. A mutual pledge of love might be of insignificant import, or it might be indicative of an engagement, depending upon a variety of surrounding circumstances, evincing the intent of the parties.

So of caresses, they may indicate trivial flirtation, or the sealing of the delicate contract of marriage. The defendant was marriageable, and openly avowed his intention to marry at a certain time, aud, although he did not in words ask the plaintiff to marry him, he said and did everything else indicating suoh a purpose, and received her assent, and was warned by her that the continuance of his addresses would be so regarded by her, and, after all that, he declared to her that she was all the world to him, and then, after a six Weeks' absence, BENEWED HIS 80X1 with the same apparent ardor as before. The defendant testifies that he did not promise and did not intend to marry the plaintiff. This may be so, yet if hiB acts and language were such as to induce her to beliove that there was an engagement, and she acted upon that belief, and he knew that she so regarded them, and so acted, and still oontinued, he cannot deny that the engagement existed. She has the right to enforce the obligation which he profeBSBed to incur.

In Perkins vb, Hersey, 1, E. I. 433, the rule was laid down that if "his conduot was suoh as to induce her to believe that he intended to marry her, and she acted on that belief, the defendant permitting her to go on trusting that he would carry that intention into effect, that will raise a'promise upon which she may recover." The learned counsel for the defendant urged upon the argument the force of what he called the "negative evidence," such aB the want of presents, or a ring, or any married plans, or arrangements, or letters and the like. These were considerations entitled to force before the Jury, but they are not oonolusivo that no engagement existed. The jury may have believed that the defendant felt a deiloaoy, either from a promise to his first wife, or from a sense of propriety in not making tbe engagement more explioitiy or publicly than be that he preferred for the time being not to have it known beyond himself and the plaintiff.

He evinced some sensitiveness about it being known that he remained bo late, and, aB the plaintiff BtateB, he gave as a reason for the letter of October 20, that he didn't want the folks to think there was an understanding bo soon. These and other reasons may have prevented these circumstances from having the weight which the counsel thinks them entitled to. There is no ground for claiming that the letter of the 29th of November operated as a release or discharge of tho action. The defendant had informed her that he was about marrying auotber woman, and Bhe wrote him a very womanly letter, rebuking him for his conduct, and stating that his visits were not as agreeable as formerly, and that she had no expectation of seeing him again. If there was an engagement of marriage, he he then broken it, by engaging himself to another lady.

At all events their relations were neoesBarily disturbed by his act and the plaintiff only expressed hcMippreeiation of the fact. If it was a dismissal, it was not of a suitor, as he had ceaBed to be Buch by bis voluntary change of position. It did not affect her right of action, nor relate to it. The question, whether tho damageB are excessive, is not reviewable in this court. As no legal error was committed, the judgment must be affirmed, with costs.

William H. Scott, for appellant Joshua M. VanCott, for respondent. THE JAIL. Sheriff Williams this morning told an Eagle reporter that Mr.

Haskell the gentleman whom he had offered the position of Keeper of the Jail, aa yesterday announced had not yet formally aocepted the position, but that he, the Sheriff, had every reason to believe that he would. A local Bheet having yesterday stated that Mr. Williams Intended to fill the position of keeper himself, and have Mr. Haskell for an assistant, the Eiole reporter asked if it was so. Mr.

Williams Bays it iB not so. He will, in the future, keep a close supervision over affairs, but says he cannot be Beeper of tho Jail and Sheriff of Kings County at the same time. PAYDift THE TEACHERS. The lady teachers of the Public Sohools, repaired to the building of the Board of Education, this morning, to receive their salary for the present month. The checks, enclosed in envelopes, were given out from 9 o'clock 'till 3 o'clock, during which time there was an almost ceaseless stream along Bed Hook lane.

Atone period there were about two hundred present. The number of teachers paid, was between 700 and 800 for the Western Distrlot alone, and the total amount disbursed, was $37,275.81. The Eastern Distrlot teaoh ers were also paid to day. Messrs. Field, the Superintendent, and Whitlook and Sprague of the; Board, were present the greater portion of time.

CONDENSED TELEGRAMS. There is a run on Busehong fc Brothers' house, Beading, Fa. The Third National Bank of Chicago has snsdesded. The Farmers' Bank at Newcastle, is suspended. The Boston Banks have resolved to adopt the New York plan.

D. Preston of Detroit, have resumed. The Milwaukee Banks have not suspended. Chioago will adopt the bank certificate plan. 'Joseph Arch is a guest of the Ontario government, at Toronto.

Julian Roderick Bendix, a well known German comio poet, is dead. There were nine aooidents on the English railways yesterday, but no one was killed outright. Muley Abbas, brother of the deceased Emperor of Morocco, has been proclaimed his successor. Henry E. Van VTiet, County Poor Superintendent of Onondaga, was fatally injured this forenoon by the cars near Syracuse.

THE WEATHER. Probabilities. Washington, D. September 2710:30 A. M.

For New England, the Middle State, and Lower Like region, light to fresh winds, mostly from the west, and very generally clear weather. For the South Atlantic States, light to fresh winds from the north and east, and party cloudy occasional rain on the coast, For Tennessee and the Ohio Valley, clear or partly cloudy weather, and light to fresh winds from the south and weBt. For the upper lake region gentle and fresh winds, moBUy from tbe southwest and northwest, lower temperature, partly cloudy weather, and possibly occasional light rain, with frost to night. The morning telegraphlo reports from the west Golf States. Kansas, upper Michigan, Dakota, Rocky Mountain and Pacific coast stations, have not yet been received.

Record of tbe Tbermometer. The following is the record of the thermometer, as kept at the Brooklyn Dally Eaole office. 8A.M 81 I 10 A. 68 S8 ia 3m Sg 76 BAlM 68 I 8P.M ...77 Average temperature to day, 67f. Average temperature same date last year, 69.

CONRADY. Col. Howard 0. Oonrady, late Keeper of the Kings County Jail, was in consultation, this with District Attorney Britton, but neither gentleman was disposed to teU wan the talk was about. The Stock Exchange to Reopen Next Tuesday Gold 11334.

ABOUT THE BANKS CERTIFICATES CONTINUED'. Wall Stbebt, September 373 P. M. The action of the bank officers in refusing the application of the Stock Eiohange Committee referred to in the early edition created considerable excitement. The stock brokers were very Indignant, and threats to open the Exchange and make a "slaughter house" of it were rife on all sides.

This "slaughter house" phrase is 'peculiar to Wall Btreet, and means the sacrifice of delinquent bulla and bears upon the altar of mammon. Tho rabid bulls and bears would not listen to reason. They were blind to the faot that liquidations were hourly in progress, and that even Gould's brokers had, it was reported, only two shares of blocked stock outstanding. The statement was made that Vanderbilt's brokers were the men who now blocked settl(awnts, and that there was no other way to bring them to termB than to open (ha Exchange to put them through the mill or the twenty third rule. It was soon announced on the "tope" that a petition was at a Broad street house for the Teopening of the.

Exchange. This document proposed to open the Exchange on Monday morning. Then to suspend the operation of rale 21, for three days, requiring closing of contracts, under the rule for amount of dclinquent'parUes and requiring all parties who hove outstanding confraotB with members of the board, to margin said etocks on Monday to the market price on the opening of Monday, either by money or satisfactory securities, deposited with the party to whom the difference should be due, Notwitbstandin that this proposition was pronounoed illegal by many prominent members, the signatures were numerous and tho expression of the opinion of the signers was unanimous that it was no longer of any avail to keep the Exchange olosed. A meeting of the Governing Committee was called for half post one, at which it waB decided to open the Exchange on Tuesday morning at ten o'clook, the details to be arranged on Monday morning at half past ten, at a meeting of the Govornlng Committee to be held at that hour. The Stock Exchange Bank made the clearing to day at ten minutes to one, and everything was entirely satisfactory.

The price of gold declined gradually to 113JC, in consequence of the reduced demand, and fluctuated between that and 113 to the close. The day has bsen rather quiet, though much depended upon the action of the Governing Committte this afternoon. Mext week will doubtless present anew phase of the panic. Bank Association The Bank Association met this morning at eleven o'clcok, and the Eagle reporter endeavored to obtain admission but a sentry barred the way. The action taken was reported to be a resolution to continue tho issue of loan certificates ad libitum, subject to tho action of a speoial committee.

The UBual weekly bank statement will be omitted to d3y. Foreign Finance. London, September 27, 12:30 P. M. Consols for money, for the account Vn' ted States nvo forty bonds 90.

Erie Railway shares, The steamship Java, whioh sailed from Liverpool for Now York to day, took 300,000 in bullion. United StateB ten forty bonds 90X new fives, Erie Railway shares, SERVICE AT LEFFERTS PARK. Rev. Ruben Jeffery, JD. of Cincinnati, will preach in Lefferts Park, to morrow, at 3 P.

M. This ib the last general meeting of the season, and as tuck will doubtless attract a large congregation. A BOGUS HEIR. Parallel in Brooklyn to Chas. Reade's "Great Temptation" An Infant, Pro.

cured From Flatlmsli, Palmed Off Dp. on an Unsuspecting' Husband as His Startling revelations were anticipated connection with a seemingly ordinary case of assault and battery called up by Justice Elliott to day, the parties to which were three women, whose names arc Mary Cavanagh, Eliza O'Keefe, and Margaret Ganley. As the story goes, and from what little was developed upon the examination this morning, it would appear that Mrs. Ganley, at the request of Mrs. Cavanagh, who is childleBB, in April last, procured an infant from the County Nursery, which the latter imposed upon her husband as his legitimate offspring.

The object, as understood by Mrs. Ganley, was to have an heir to the money and estate of Mr. Cavanagh after his demise. For her trouble Mrs. Ganley hod been promised fifty dollars, of which amount she admits receiving one fifth from Mrs.

Cavanagh, and she supposes the reason why the full amount waa not paid to be on ao count of the Infant's death three months afterward. It was subsequent to this event that the arrangement between the two women was revealed, and oonBequenl upon the failure of Mrs. Cavanagh to pay Mrs. Ganley in full. Falling to obtain any more money, Mrs.

Ganley deoided to inform Mr. Cavanagh of the entire conspiracy, for which purpose she called at his residence, No. 91 Maspeth avenue, in Augtuit, and revealed all she knew. Upon this he went to Flatbush to consult the records, and became convinced that the account given him waa true, so far as he could form an opinion. He and his wife separated for a time, but are now living together as of old, and his announced intention to (procure a divorce has sinoe been abandoned.

A reference only was made to the fraudulent heir in the course of the examination in the assault cases of O'Keefe against Ganley and Ganley againBt Cavanagh, beard to day, by way of explaining the oause of trouble existing between the litigants, to the very great disappointment of a dozen or more of their neighbors present. The result was that all three were held in bonds for their good behavior. LOCAL BREVITIES. Andrew "Walhelid, a German, fell from the gangway of the brig Hermando, at the foot of Irving street, and was severely brulsod about the head. He was taken to his residence, 258 Columbia street.

Daniel O'Neill, eight years old, sustained serious injuries by falling from a truck in Warren street, last night. The body of an unknown drowned man was wos picked up in Buttermilk Channel yesterday afternoon. He appears to have been about 40 years old, and has black hair, whiskers all around, blaok sack coat and vest, gray pants, calf boots, red shirt, with white stripes, and a blue undershirt. The body was taken to the Morgue for identification. William S.

Lovett was arrested by Officer Sprague for having entered the premises of Mrs. O. Haines on Fulton street. Ho stole two towels and a napkin ring. He pleaded guilty in the Police Court and was held to await the action of the Grand Jury.

Thomas O. Nelson, of No. 162 Howard avenue, was thrown out of his buggy at 8 o'clock this morning, as he was driving down DeKalb avenue. He was but slightly injured. Mrs.

Mary Armstrong keeps a house in Paolfio street, whioh is the resort of the abandoned characters of both sexes in the neighborhood. The vilest nocturnal orgies have been oarrled on there, much to the annoyance of respectable neighbors. Yesterday Mary Armstrong waB arrested on complaint of Mary Smith, of 806 Paolfio street, who charged her with keeping a disorderly house. Dennis Green, a la borer, who was in tbe house in negligee attire at the time, was also arrested. Eliza Kenny and Jane' Hayden reside on the same floor in a tenement corner of Hamilton avenue and Columbia street.

They do not get along together very well, and there is a habdomanal flow of blood on one side or the other. Jane Hayden got it this time on the head with a stone. This occurred in the street. Jane was so badly injured that she had to be taken home in an ampulanoe. Eliza had her ride in tbe Maria, bound for Baymond street.

A change has been effected in the staff and and attendants at the Fourth Street Hospital, by the deposition of Dx. McLean, whose resignation as res ident surgeon has been accepted. Sr. S. J.

Brady has been appointed to fill the vacancy temporarily and Drs Palmer, Sohspps and J. A. Brady as visiting and con suiting surgeons. Mary Jane White and Mary Moran began operations byoalling each other names. They were high sounding and mellifluous.

Moran, with murder in her eye, raised a pail. White got her by the hair, dragged her around until she was tired and then let ner drop. Mary Jane was fined $10 and Mary Moran was put under $260 bonds to keep the peaoe for Bix months. Both claim the stake. Joseph McDermott, 13 years old, and Edward Kennedy, $2, were before Justice Delmar to day, for entering through the fanlight, the segar store of Frank Hartman; No.

166 Court street, and stealing $16 worth of segars and tobacco and $1 in money. These boys have been engaged in several burglaries of this nature. They were sent to the House of Bef uge. By an inadvertaaee, it was reported that counsel for Oonrad DromesheiBer, Mr. N.

P. O'Brien, had favored a compromise with the complainant to settle the charge of bigamy, disposed of on Thursday by Justice Elliott. Instead counsel for the comploinint, Mr, H. B. Davis, to effeot a settlement on a money basis, and proposed to friends of the accused to that end.

Oscar Holts, a German sailor, who wanted a new suit of olothes, bought them with a bad check for $110 yesterday, and to day be languiBheB in the Jail. The Hon. Benjamin D. Silliman's friends say that he baa determined to accept the nomination tendered him by the TJUca State Convention. It is expected that he will remove all doubts by giving to tbe public prints in a few days a letter defining his position politically.

It is said that Jas. Donnavan, who waB defeated onoe, will again run for the Aldermanship of tbe Twelfth Ward, now that the Hoffman Hall party endorsed him last night. Contractor Magill's friends who lost money in the race between Nelly Condon (the contractor's mare) and Supervisor Howell's bay mare Lilly, are trying to get up a $1,000 match between tbe two horses. Tbe race yesterday was far from satisfactory to either of tbe owners, and baa led to muoh angry discussion among those who were present. Magill, however, ac cents tho situation gracefully.

Corninissioner Soott hau apologised for the language he used to Hon. George Herman, He was like Butt's mouse at the time the aunouity occurrea. Mr. H. and Mr.

8. are again tho warmest of friends. The Tweniy elghth Keglment, in oompli ance with general orders issued by Ool. Joseph Burger, will parade on Monday for drill and inspection at the Prospeot Park parade ground. Opinion of the Court of Appeals on the Case.

Breach of Promise of Marriage What Constitutes One, and from What a Promise, When Not in Terms Made, May be Inferred Important Beading for Tender Toaagr Men. In the Eaole, a few days ago, the fact was announced that the Court of Appeals of this State had sustained the ruling of Judge Neilson, in the Homan and Earle breach of promise case. This morning we obtained the opinion accompanying that decision. The reader will remember that Hiss Homan sought $30,000 damages for breach of promise; that she got a verdiot for (15,000, and that Earle'a counsel appealed, on the ground that Judge Neilson erred in charging the jury as he did; that a promise to marry need not be made in terms to be binding, but may be inferred from the intercourse of the parties. In the ease under consideration, there was no promise directly made.

The following is the opinion of the Court THE OPINION. Roxeellena Homan, Respondent, s. Alexander Earle, Appellant. Church Ch. J.

There are three classes of errors insisted upon by the defendant's counsel. First. Error Jin receiving and rejecting evidence. Second. Errors in the charge of the Court; and Third.

Errors in not granting the motion to dismiss the complaint, made at the close of the plaintiff's evidence and also at the close of the whole case. The plaintiff testified that at the first visit of the defendant, after hiB wife'B death, ho tcok out a memorandum book and stated Borne requests of hiB wife which he bad noted down, and said "that there was something he could not tell ua now, that we would probably know some day, that passed between them four days previoUB to her death he said it was not known to any living person but himself we would probably know what it was some day." Tho defcitiant, when on the stand, was asked what it was that he intended to teli plaintiff, whioh was objected to, and the objection BusUined andan exception taken. The defendant a'so offered to testify that his wife never mentioned the name of the plaintiff in connecton with marriage, which waB rejected. There was no error in rejeoting this evidence. The only relevancy of the circumstance testified to by the plaintiff was in corncction with other oiroumBtances to show that the defendant intended to convey the idea to the plaintiff that his wife had requested or consented to Mb marrying her, which would tend to explain and characterize hiB subsequent declorationa.

IT WAS NOT MATERIAL whether such request or consent was in fact made or given, but only whether the defendant cave the plaintiff so to understand, and this could only be shown by what he said and did, aud not by the fact itself. The conversation of the defeudant with Dr. Duryea had not be called out by the plaintiff so as to entitle the defendant to it. The other exceptions to evidence are clearly untenable. There are Beveral exceptions to the charge and to re fueals to but they relate mainly to a single point.

It iB claimed as a vital error (hat the Judge charge A that Buch a contract need not bo expressed, bat might be implied from facts and circumstances. If this proposition had been stated in the brief form, without explanation, it might, perhaps, havo been open to criticism. In some oases the law implies a contract from certain acts of a party, as if A orders a quantity of merchandise, law implieB a promise to pay for them. In actions lor breach of promise of marriage before parties were allowed to be witnesses for themselves, the contract was often inferred or implied from proof of such circumstances aB usually attend an engagement. Frequent visits, receiving the defendant by the family aB a su'tor, presents, preparations for the wedding, an4 the Hie.

These being the usual accompaniments or an engagement, Juries were allowed to infer from them that a contract had been made. This rule permitted an implication from what was proved of a contract not proved. Many of the cases cited on both sides ref or to this rule. When the psrtles themselves are upon the stand and state all that was said on! done, there is no room for inference that something else was said or done, but the question is whether the facts proved are sufiloient to constitute a contract. In determining thiB question, however, while we may not imply the contract strictly speaking, we may linfer the meaning and intention of the parties.

THE CHABGE of the learned Judge upon this point clearly shows that he used the word express and implied with reference to the mode of proof, and not to the contract itself. He said "But in this particular case there must be a contract, there muBt have i an engagement to marry, and there must ice to justify you in finding that such an en. existed, an! existed as a matter of faot, thatii mtual," ho. Again: "An express contract is one declared in words or in writing." Again "Now you will perceive, gentlemen, that I Intend to instruct you that in an engagement to marry the contract can be entered into between lovers without his asking in words the question whether she will marry him, and wituout her answering in words that she will do so." He aleo instructed them to take all the acts and declarations of the parties, and determine whether the defendant intended to propose himself and intended that sho should so understand it, and that Bho accepted It. Again, the defendant's counsel requested the court to charge that the evidence of acts of the defendant can only be considered that such a promise was expressly made.

The case states that "the court refused so to charge by reason of the word "expressly" being confned in the request, that word "expressly" being understood to mean the formal utterance of certain wordB, if that word be not limited to suoh meaning the court aocepted the proposition involved in the request as correct, there must have been A OONTBAOT OB PBOMIBE sufficiently disclosed or expressed to fix the fact that they were to marry, as clearly as if put in formal words." The oharge could not have been misunderstood. The substance of it was that a mutual contract to marry was requisite to sustain the action, but that no particular form of words was necessary to constitute it. It was sufficient if the acts and language were such as the parties understood and intended as an engagement to marry. This is the correct rule of law aa to all contracts. There are no set expressions required.

If such language is used as to show that the minds of the parties meet, it 1b in law an agreement. THE LANGUAGE USED in making contracts depends upon the subject matter, (he custom of transacting the particular business, and other circumstances. If real estate or personal property is to be purchased, we should expect more or less directness and particularity. While in Wall street millions of property ere transferred daily by a few words quite unintelligible to those not conversant with tho business. The sale of a "put," or a "call" is as expressive and as well understood as if written out in detail.

Contracts of marriage are unlike all others. They concern the highest intercBio of human life, and enlist the tendereBt sympathies of the human heart, and the acts and declarations employed by parties in negotiating them are often correspondingly delicate and emotional. As matter of law the learned Judge was clearly right in holding that no formal language is necessary to constitute the contract of marriage. If the conduct and declarations of the partieB clearly indicate that they regard themselves as engaged, it is not material by wh; means they have arrived at that state. The authorities both in this country and in England establish this doctrine.

Button vs. Munsell, 6 172 Hickey vs. Campion, 20 Weekly 702 C. Corr, 264 8 323 38 117 21 N. 580 30 N.

285 6 Shaw aud Wils, 114 2 Dew and Clark, 282. It will be observed that wo are not now considering what facts are sufficient to Justify the inference of a marriage contract, but only tho question of law whether formal express terms are required, or whether the inference may be drawn from all the circumstances. The learned Judge did not instruct the jury as to what particular facts would justify the finding of a contract, but left the whole case Co them with instructions that to Bustain the action, a contract must be found and that express formal words were not necessary. ThiB matin of law was not error, if the Judge waB Justi fied in submitting the case to the jury at all, which will be hereafter considered. I sgree with the learned counsel for the defendant that to constitute a promise of marriage, substantial proof should be required of the fact.

In the case of Ho s. Campbell, 6 Shaw WJs, 144, 3, Derr and Clark, 282. cited and very muoh relied upon by the defendants' counsel, the Lord Chancellor haB, I think, correctly stated the low upon the subject. THE PBOPOSITIONS OP THE OPINION are: 1. That the contract may be proved by direct or by circumstantial evidence.

2. That there must be a serious promise, intended as such by the person making it, and accepted by the person to whom it was made. 3. That mere courtship or even an Intention to marry is net sufficient to conttitate the conlrot of marriage. These propositions are entirely round and do not conflict with the law of the Cora i in this case.

The opinion does not attempt to define what circumstances will be deemed sufficient, nor from what acts or ltngoagea serious promise may be inferred. True, it ho.ds, and I think correctly, that neither oourtchip, nor a mere intention, 1b alone tufflcicut. but the Chancellor Bays, But courtship is a most material fast in the case when you are examining whether from the conduct of the parties it appears that a promise had aotually passed between them." So while it is plain that an intention to maka a contract is not a contract, yet if such intention is so expressed as that both parties understand it to be a promise, and is accepted as such, it 1b as binding as if made in any other form. Parties may seleol; their om language, and if, from that and their conduot a legitimate inference maybe drawn of their intention and understanding, such intention must be ca'rrlcd out. The expressions, in some of thecal 3, that a contract may be inferred from devoted attention, and apparently exclusive attachment, have not been generally adopted by the oouirts.

(15 Macs 1. note.) The commenta of the Judge ution the testimony of witnesses who prof et. ed to state the declarations of the plaintiff, wen not the subject of a legal exception. These observations related to the difficulty of repeat inn the nrecise words of a conversation, suggested cau tion in adapting such words, and, whether just or not, they violated no rme 01 law. THE MOTION FOB A NONSUIT was based upon the ground that no contract of mar rlaan had been Droved, and.

if it had, that it was re leased and discharged by the letter of the 29th of No vember, 18TO. It tnere(waa no eviaenoe to prove a contract, or if the evidence was of so Blight a oharaoter that a VCrOlCt lOr UU pUUllUn UWJlDCl noiUO aa RcnritiRt evidence, ft waB error to submit it to the Jury, but if any construction at the evidence would I tL 1 1 J. 41,,. Warrant VcrUlUb lb WaB pcviroi tv nuuuim tun i4o, the Jury. In that cose the verdict is not final but may be reviewed by the Special and General Term of the Court below, but this Court has no suoh power.

We can only determine questions of law. In considering this point we are restricted to the question whether there Itrany eviaeiice wlucu vruuia warrant a uiiumg for the plaintiff If there Ib such evidence, although had we power to pass upon the fact we Bhould find otherwise we cannot disturb the verdiot. The General Term is the final tribunal upon questions of fact tried by a Jury. The question, therefore, is whether, taking the most favorable view of the evidence for (he plaintiff as the jury may have done, there is sufficient to sustain the finding of a contract of marriage, or rather, whether such finding is an error of law; ir only an error 01 taot we cannot review 11. Bomuonae pendB upon the construction of language and acts, upon liumvuuai 11U1U UIUUOUIOT UUU LiUtUUUll VI Ult parties, and other circumstances which are peculiarly within the province of a Jury, that it is difficult to maro tne quetuon any otner tnan nnn of fact.

The parties arohiablv resneotable. be longing to the same church, of which the defendant is an elder. Except in peouniary resources they seem to Have been equals. The plaintiff was about thirty and the deienaant mty. tie uuu iust ius wue to waom ne anH nfTer.tlonateiv aevotea.

lae uuuuun was tne mu nprnnmd friend of his wife during her life, arid the two families were upon friendly, if not intimate. terms. Soon alter tne aeatu ut uio who me uuiouuwh commenced visiting (he family of the plaintiff. There was no slgninanoe in this circumstance other than what we might expect from a deBlre for sympathy and consoletion for the great affliction whioh the defendant had but the evidenoe showed that these visits became more and more frequent during which the' defendant evinced marked and significant personal attentions to and apparent affection for the plaintiff, and these attentions were of a character which it is claimed could proceed from no honorable motive except AN INTENTION TO MABBY. It is not claimed by the plaintiff that the engagement was made in express words.

She stated that he never asked her in so many words to be his wife, but thought she had a right to expect that he meant it. It isolalmsd that daring their Intercourse, his language and acts assured her of his desire to marry her, that aha evinced a vrfUtogncflB, and that both regarded themselves as engaged. There are many facts and oiroumBtances from which it is claimed that the Jury' were Justified in drawing (his inference. The force and weight to be given to these circumstances are matters of faot and not law, and a few of them only will be referred to for the purpose of establishing this proposition. There were rides and walks and request visits' extending sometimes until late in the evening there was language of endearment and suoh caressing aa might be expected between lovers, accompanied with expressions by the defendant indicative, to say the least of them, of a desire that the plaintiff would become his wife.

He told her that he intended to marry again at the end of a year after his wife's death, uuft he and SATURDAY EVENING. SEPTEMBER 27 PAYNE FAUST The Club's Bust of the Poet Unveiled in Prospect Park. Great Gathering of Spectators Presenta tion Speech by Thomas Kinsella Reception Address by J. S. T.

Strana han Poem by John Q. Saxe Oration by Wm. C. De Witt "Home, Sweet Home" by the Choir The Children's Par tin the Programme. TUc colossal broiize bust of John Howard Payne, author of "Home, Sweet Home," of which the public has heard 80 much during the past nine months, was this afternoon unveiled in Prospect Park.

By this, the consummation of an enterprise entered upon la3t; winter, the Lclub haa placed the oity psrmanently in its debt, and act an eramplo which other organizations should be moved to follow. The proposition to commemorate in bronze the author of "Home, Sweet Home" was made by Mr. Gabriel Harrison, and owes its realization in no small measure to the untiring efforts of that gentleman. The Club, composed as it is in large of actors, journalists, painters and dramatists, naturally took kindly to the project. They recognized in Payne at once kindred and a masterspirit.

The commission for the work was given to Mr. Henry J. Baerer, of New York, and in its completion the bust shows that in this, as in other respects, the Club proceeded with discretion. The bronze was cast at the flno art foundry of Mr. Maurice J.

Power, 218 East Twenty fifth Btreet, New York. THE CEREMONIES THIS AFTERNOON were in the largest sense impressive. Seats had been provided by the Park Commissioners for 14,000 persona, but the spectators who were compelled to Btand far outnumbered those who sat. The position chosen for the site of the bnst is on the brow of the upland, to tho right of the dairy house. It is a spot visited more largely than any other in the Park by pedestrians.

Around it families naturally gather and picnic parties cluster. On tho lawn beneath it the boys and girls by thousands on pleasant afternoons indulge in all the" Summer outdoor games. A better position could not well have been chosen. It comports with the genius and character of the man whOBe life the bronze conflgureB. In the carrying out of the programme, th's after noon, every evidence waB given of good taste and careful preparation.

One of the finest features was that presented by the school children, of whom there were nearly Bix hundred. Dressed in white, as most of them were, the appearance presented was charming. Their participation in the event will appear in tho following record of events. Beside the Binging of the children, there was some excellent music furnished by the Twen ty Third Beciment Band, under the leadership of Mr. Conterno.

In order to give completeness to the event, the usual Saturday afternoon concert at the park had been made part of the unveiling ceremonies. The oerunonies befjan with BoBsini's fine overture Semiramis." This was followed by the song America," rendered by the children in fine style. At the termination of the song, Thomas Kinsella, President of tho Faust Club, Btepped forward and Bpoke as follows THOMAS KINSELLA'S SPEECH. Mr. President and Gentlemen of the Park Commission On behalf of tho Faust CInb of the City of Brooklyn, I have the horor to present to you to day, in trust for the citizens of Brooklyn and for their descendants, a colossal bust of John Howard Payne.

The present is from a club made up for the most part of journalists, artists, dramatists, musicians and actors. The present is made because the Faust Club desired to contribute something to tho attractions of this popular domain: to add something to tho means of cultivating and gratifying public taste: to perpetuate the fame of one who may be said to have labored and succeeded ina majority of the callingB I have enumerated; to Bhow that, in their opinion, it is not all of life to make a living to incite, it may be, citizens of greater affluence to follow their example, so that in time the counterfeit presentments of the representative men of all nations may ba found in Prospect Park, and side by side with them thg statues and busts of the men whoso names light up up our1 country's history, and whose deeds give weight and character aud dignity to the word American. From tho bead roll of the great names of native born men we have eelected that of John Howard Payne because he was connected with so many professions represented in the Faust Club because he was among the first of Americans who established a reputation in Europe as an actor and an author because in his life he waB noi fortunate because his memory seems to have been neglected because he is connected by residence and by ancestry with Long Island because his remains have been allowed to mingle with the dust of a foreign land; because and I confess it, sir there was running through his life a streak of Bohemianism which is not without its attraction to men who follow those professions which contribute less to the necessities than to the grace, the culture and tho refinement of life. It is for my friend and brother to speak of John Howard Payne to day as a journalist, an actor, a dramatist, a representativo of his country abroad, and as a man. To the masses he will never need any other introduction ttian he is the author of Sweet Home." The bust which is about to be unveiled is the work of Mr.

Henry Baerer, a retiring, unobtrusive, and most meritorious seulptor. It is regarded as a work of art of exceptional excellence, ana tne memoers oi me Faust Club believe they have performed a sorri 3 for art. in the wide introduction thev have Bccured to day for Mr. Baorer. Would that the dust of Payne could bo deposited to day in his native soil, and in some such rinifohtful snot as this, and that niacins this monument to hiB farao above it, we might say, in the language of one of our living poets Oh I Mother Earth I upon thy lap Thy weary ones receiving, And o'er them, silent as a dream, Thy grassy mantle weaving.

Fold sofily, in thy long embrace, That heart so worn and broken, And cool its pulse of fire beneath Thy shadows old and oaken." Tt me sav. in closing, that it affords me peculiar pleasure to make this presentation directly through you, Mr. President. We stand here in a domain set apart for the use, enjoyment, pleasure, and education of the people of Brooklyn. It has cost them many millions of dollars.

What of it Who will dare to estimate its value in aollnrs to day? What citizen of Brooklyn would consent to part with it to day for money That Prospect Park exists as it is within the lifetime of the present generation, is due to tyou beyond all men to your foresight, to your resolution, to your courageous faith in the future of the beautiful city we call home. After the applause with which the presentation remarks were received had partially subsided, Mr. Henry Baerer, the Sculptor, unveiled the bust, following ''lose upon which act the children sang "Home Sweet Home." Mr. J. S.

T. Stranahan, President of tha Park Commission, then accepted the gift, with the following remarks HON. J. a. t.

stbanahan's speech. Dir. President and Ccr.tlcmtn of the Faust Club of Brooklyn: Tho Park CommiEsion, representing this city and speaking for all the people, gratefully accept tho monumental gift which your generosity has furnished, and which, by the of Ih's hour, is transpired to its possesion and future keeping. The Bplendidbust just unveiled, bo complete as a work of art, and so true to life, will hereafter be one of the attractions of Pro pcctFark, while paying a becoming tribute to one so well deserving, but hiUicrto so little known to fame. John Howard Payne, though a man of brilliant inspirations and lofty genius, did not in life except within a limited circle, command tne attentionjho deserved.

Unlike his cotemporaries and companions, Irving, Morris, WilliB, Cooper, and others, whose names have so long been familiar to the popular ear, he was for the most part unknown, perhaps, I might say. even neglected by his countrymen. Thousands and tens of thousands have been charmed with one of the finest and simplest products of his pen Home Sweet Home!" with Bcarcely any knowledge of the man who gave it birth. His literary career began in a foreign land while be was yet in comparative youth. It ended at last on an inhospitable shore.

Such Boihetimea, lithe seeming ill fortune of genius. Of tho characteristics of his mind, the moral qualities which endeared him to his friends, the range and merit of his literary productions, others will Bpeak to yon on this The duty imposed on me is mainly accomplished in receiving at your hands this bust, eo fitly located, surrounded by and associated with tho scenes of pastoral life, and by its very situation suggesting the quiet and repose to which, thongh vainly sought by him, he gave expression in the tendercst strains of song. You have, gentlemen of the Faust Club, evinced a delicate and appreciating discrimination in selecting John Howard Payne as the man who deserves this commemorative honor. HiB name will hereafter be more familiar to the people. The occasion naturally reminds us of the limited extent of Buoh efforts in this country to do honor to men of mark, while the increasing demand for park grounds, aB placeB of popular recreation and enjoyment suggests the fitting receptacle of these visible memorials of departed greatnesB.

The classic nations of olden times gained much for themselves, and havo contributed much to the pleasure of the world by such publio recognition of their illustrious dead. Art was encouraged and developed thereby, and the tastes of the people elevated. Even to this day many of these works atill remain as unrivaled models of perfection and beauty. Modarn Europe has long since caught the inspiration supplied by the example of the ancients. Her cities abound with the productions of art, many them designed to keep in memory, and make familiar to tho people, the names of her scholars, 'poets, soldiers and statesmen.

We have men of genius In this oountry. We have had them; the future will give ub more, and can we do better than to learn a lesson from others older than ourselves? The visitor who enters the Grand Plaza of this Park will be greeted by the statue of tho lamented Lincoln, vocal with a thousand associations and suggestions. In making the circuit of the Park, his eye will fall upon the bust of the illustrious Washington Irving, the historian and scholar. If ho shall repair to this retired and quiet scene of rural life tho bust of John Howard Payne will arrest his notice and become his teacher. I trust that the work of enriching this pleasure ground with such monuments has simply begun.

As the years roll away their number should ana will be Inercised, till length the beBt charaoteristio of Prospect Park will consist in memorials placed here in honor of those whose career has been iraught with blessing to their country and the world. At the termination of Mr. Stranahan's remarks the following ode, written for the oscasion by John G. Saxe, the poet, was read by that gentleman AN ODE. To him who sang of "Home, sweet Home," In strainB so sweet the simple lay Has thrilled a million hearts, we come A nation's grateful debt to pay.

Yet, not for him the bust we raise Ah, no can lifeless lips prolong Fame's trumpet voice The poet's praise Liyes in the musio of Ms song I a. The noble dead we fondly seek To honor with applauding breath Unheeded fall the words we Bpeak, Upon the doll, cold ear of death." Yet, not in vain the spoken word Nor vain the monument we raise With quicker throbs our hearts are stirred To ctoh the nobleness we praise I m. Columbia's sons we share his fame Tie for ourselves the bust we rear. That they who mark the graven name, May know that name to as is dear Dear as the home the exile sees, The fairest spot beneath the sky, Where first upon a mother's knees He slept, ana where he yearns to die. IT.

But not alone the lyric Are Was his the Drama's muse can tell His genius could a Kean inspire tha imnerishable bronze of this bust, was born in the city of New York on the 9th of June, 1792, and died at Tunis on the Tth of April, 1852. His life was remarka blo for personal beauty and intellectual precocity in its youw, tor great usetoiness ana exoeuence in acting ana authorship in its maturity and for versatility in literature and faithfulness in public office during its closing years. Some of HIS SWEETEST VERSES were written when he was only four een years old, and at that age he had attraoied publio attention by his contributions to the newspaper press. He was well educated, mainly by his parents and partly by a studentship at Union CoHcge, broken off after two years through the prcesure of family poverty. He went upon the Btage when only Beventeen years old, and in characters peculiarly suited to his yearB won the title of the American Boscius, and was regarded, apparently with justice, as the beat actor of his ago in Enrope or America.

He was physically so handsome that he provoked the criticism of being "too beautiful for a min," and it is evident that he possessed those talents and graceB without which beauty is a ohoat. When hB went to England, in 1813, he was twenty one years old, and from that period he challenges attention to his life. THE CONDITIONS UNDEB WHIOH HE WBOTE. Properly to appreciate John Howard Payne, tha place and circumstances in and under which he fitted himself for his life's work must be taken into consideration. Our country was then in its extreme infanoy.

An energetic, hardworking people breaking ground on a new continent, the pursuit of letters had comparatively few votaries on this side of the Atlantic. Tho literature of the world was accessible to us only through oxpensive and difficult courses. We had produced great statesmen, good lawyers and tolerable generals, bat letters and the arts had been neglected. Indeed, an English journal of professed friendship to Amorioa, in descanting upon the appearanoe of Payne at Drury Line, deemed it just to speak of us in this wise 'A youth from a remote country a country nearly two centurieB behind na in the improvement of every art must come before a London audienco under every possible disadvantage. There must necessarily be a difference of manner, of deportment, of enunciation and of even accent, all tending to make rather an unfavorable impression.

Wo may form some idea of the impression an actor from Ephesus would have niado two thousand years ago on one of tho theatres of Athens, where the Greek language had arrived at such a degree of polish that the common fruit wonun could criticise all the niceties of its pronunciation." It was in the morning twilight of Amerioan art and literature that Payne prepared himself for the pan and the Btage. He ia first to bo regarded as a pioneer in the uncultivated fields of intellectual labor in Amirica, with no other training than that which his primitive home could afford. When it is remembered that it was with thiB discipline and no more, with an education acquired in the midst of such obstacles, and no greater help, that he transferred himself to London, and there, in the presence of the wealth and genius of the old world, gave our country an honored nams and fame in the history of the dramatio art in England, the first American who thus honored his country abroad what praise of him can be fulsome here, what gratitude can be too magnanimous In examining hie life's work, his dual capacity is constantly before you, and you cannot divide it without marring his fame. It will not do to consider him either as an actor or as an author alone. It was HIS GOVERNING AMBITION to merge the two pursuits together in such measure as to produce tho greatest poBBible usefulness.

When he entered upon the English stage, it waB blazing with the glories of Kemble and of Keen, and lighted occasionally by the still greater brilliancy of Talma, who, at Paris, divided the hearts of tho French people with the first Napoleon. It is not likely that he was, in all respects, the equal of these masters, yet he competed with them in all their greatest characters, and bore along with him, through his star engagements in England and Ireland, the applause of the people and the laudations of the press. As a dramatist, he may likewise have been surpassed in originality and genius by some of his cotemporaries, yet, in usefulness to dramatio literature, he is not easily matched. Payne wrote in all about forty plays. It is true most of these were reproductions from the French, and during his Btay at Paris, under contract with English managers, London may be said to have been largely dependent upon his pen for its dramatic novelties and entertainments.

Yet his reproductions from the Frenoh stage were in no sense literal translations, for Payne's taste and experience enabled him to alter a plet whenever it displeased him, and so many wee his inroads upon the speeches that the originals would scarcely bo recognized in the copy. Utility marked all he did. His adaptations were practical and popular, and although surrounded by competition in this pursuit, he eclipsed all his rivals. THE GBEATEST OF THE DBAMATIO WOBK.S which he called his own was his tragedy entitled "BrutU9 or, the Fall of While he had the assistance of seven plays previously devised upon the main incident of Brutus, yet the feebleness of their help may be judged from the fact that five of these plays were absolute failures, and two occupied the stage for only a few unprofitable nights. Payne's "Brutus" is one of the most popular and enduring tragedies in the English language.

The intensity of its arrangement, its Btrong, brusque, startling characterization, and the fiery eloquence of its speeohOB justly entitle its author to favor and fame. His comedy of "Charles II." is more wholly original than BrutuB and is popular and while his adaptation of "The reBe" to the English stage waB regarded st the time of its production aB a master Btroke of art. Of the purely poetical works of Payne there are a largo number of beautiful small poems, all remarkable for their richness of sentiment, and the opera of "Clari," in which the immortal ballad had its birth. He wrote alBO a biographical work entitled "Our Negleoted Poets," and was a contributor of essays to many of the political controversies in this country after his return from abroad. Such were the literary and dramatic labors of John Howard Payne.

They are not, however, to be separated from each other. They did not oocur at different er distinct stages in his career. All through his life the two nnrsuits of actimr and authorship ran together. and his higheet claim to renown is in his excellence, not in one, but in both, and in his unparalleled usefulness to this double calling. Tee debt due him from posterity is one purely of gratitude.

Ho does not extort admiration by tho dazzling splendors of extraordinary genius, but he has earned an honest fame by the utility of his talents, and the abundant fruits of his patient and laoriouB life. But, my friends, just and kind and becoming as it would have been for you to have selected John Howard Payno for this MONUMENTAL COMPLIMENT because of these great services to dramatic and poetic literature and art, it.wos, after all, the immortal ballad that peculiarly endeared him to your hearts. "Home, Sweet Home Whstmemories these simple words recall 1 What ties of kindredship flash through their promothean heat? How burdened with sacred thoughts of rest and peace they are And here in Brooklyn our home, and peculiarly fitted to be called the City of Homes it was touohingly appropriate that thiB song should have a shrine. This little poem, Uke its author, is largely indebted to providential aidB for its celebrity. It was not the coinage of many years of meditation, like Grey's Elegy, nor was it written, like our national anthem, amid the sceneB it Bought to consecrate.

Payne never knew what it was to have a home after he was thirteen years 'old. About thiB period of his life, hiB mother, whose love and virtue probably planted within him those sentiments Which burst from his soul, years after she was gone, and his father, who stood behind the scenes in tears, when his boy first trusted himself to the temptations of the stage, went to their long home beyond the grave. From Mh moment Payne was a wanderer, and despite the tenderness of his heart, and the fascinations of the fair sex, with which he most have been constantly assailed, he maintained his oelibacy and homelesaneSB until he consummated it by death upon the remote ana hoary shores of the Mediterranean. Strange that a wanderer should havo sung thiB song of home. Never thelC3B, it was while in London, engaged in writing "Clari," which he subsequently converted from a drama into an opera, and when his mind was doubtless dwelling upon his delightful hoyhood at East Hampton, that he wrote HOME SWEET HOME.

The nnno is short and elmnle. It is remarkable neith er for elegance of diction nor harmony of numbers. But it has crowded into a few lines every thought and sentiment and scene of its blessed subject: "the lowly thatched cottage," "the singing birds," the "hallowing charm from above" and "the peace of mind better than all." It is full of the fruit and esaenoeof its theme. Vat vnnaf trim tvmn bftVA ftlATtt thft fdaer, nf the fOrffOtten and the lost, had it go no better succor than printer's ins ana tne inquiniij eye oi tne scuuiar. mun it had been in Payne's possession among his rubbish for a long time before it was brought out at all.

It wanted the tana which wsa to hum ft wherever the English language was or should be spoken. Music was needed ana music came, as wuea suuiu jimem, uiru, uu pinions, circling above his eyrie, seeing its young prepared to fly, yet fearful of the elements, descends and bearing the fledgling forth to mldheaven, puts him on his experimental voyage through the air, so musio came to tnis ncn germ oi poetic inougut, ami upuear ing it upon the oloud of melody, in waich it has ever Bince lived and moved and had its being, sent it chant ing and singing forever ana forever tnrouga tne wana. I said awhile ago that after Ms thirteenth year Payne never knew what home was. Yet this I know not. For where is our home Is it that first one in which we were born? Is it the household that rang with the laughter of later boyheod 1 Is it the scene of our first nuptials or the last, or is it the more solemn tenement In wkioh old age lies down to die These fade and merge with the march of time and the organlo thing keeps shifting into the infinite.

Where is our home Shall we ceek for it in the realms of fanoy? Is it upon the Elysian fields where Homer piotured heart's ease and glory, or is it in the faWed Atlantis beyond the herculean Eillors of the sky? Is it in that new world i Quest of which the venerable Ulysses signed tO BAU DCyUUU bUO HULHBV tkUU UIO U1UU Ul uu the western Btars until Or is it among the many mansions and upon the eternal hills? This is the wondrous mystery. All I know is that where the bouI dwells, that ia our country, and where the heart is, there is our home. And now to the sentiment of the Bong and the memory of the man let this monument be dedicated, and to the honor of its founders may it endure forever. After the oration, captivated the audience, the children sang the of the Free," and the ceremonies were brought to an end by the hand playing Meyerbeer's grand march, OororaiioD. THE BUST.

Every person seemed pleased with the bust. It is probably the finest work of art of the kind in the conn, try. From the pedestal to the head is a dlstanoeof eleven feet. The shaft is four sided, slightly tapering to the top, and might, if standing alone, be oalled an obe lisk. On the front of the shaft, in bronze letters, the inscription: JOHN HOWARD PAYNE, Author of "Home! Sweet Home and under that is a line stating that the monument is presented to the City of Brooklyn by the Faust Club.

THE GRAND JURY. The Grand Jury came into the Court of Sea slons this morning and handed to Judge Moqxe a small batch of indictments, round by them during the week, The Distrlot Attorney informed the Eaole reporter that there were no indictments of importance among them. Judge Moore said to the Grand Jury that their presence In their room was required to day, and that next week would end their labors, as on the first Monday of Octo ber a Grand Jury will be impaneled in the Court of Oye and Terminer. The Grand Jury then retired, MURDER Oft' SHIPBOARD. Coroner Jones held pn inquest yesterday afternoon at the Long Island College Hospital on tho body of Gnslave Olsen, the Norwegian seaman who was stabbed on bosrd the Bark Alliance two weeks ago at tho Atlantic dock.

The testimony seemed to show that Oscar Hollendsr had inflioted the fatal blow and the jury rendered a verdict to that effect. Hollender was held for tbe Grand Jury. JURORS. The Commissioner of Jurors has drawn, for the Ootober courts, the following panels One hundred and fifty for each week, for three weeks, for the City Court. One hundred for each week, for four weeks, for the Oyer and Terminer.

One hundred for each week, for three weeks, for the Court of Sessions. Fifty Grand Jurors for the Oyer and Terminer. A ROBBER SHOT. A murdereous affair occurred at five o'clock this morning in a Grand street saloon, kept by the ex ohampion of the light weights, George Seddons, An expolicoman, Frank had a dispute with one of the gang of bangers on. SeddonB's mouse" improved the opportunity to rifle Codner's pocket of $12, which he waB forced to disgorge at the muzzle of a Derringer.

The party subsequently got the hotter of Codner and had him pinned to the floor, when he managed to get out his weapon and shot the "mouse" in the right shoulder. This put an end to the difficulty, and Cod ner was permitted to depart, while the injured man's friends were busy ascertaining the nature of the "mouse's" wound. ALDERMAN ROPES. In reply to the charges made against him touching hiB connection with the Health Department, Alderman Bopes has made a statement, full and explicit which, however, owing to the press of matter, we are compelled to omit to day. COMMISSIONERS OF CHARITIES The samples of the new supplies for groceries for the publio institutions were on exhibition at the office of the Commissioners of Charities this forenoon, and a number of dealers came, looked at them, and went away with the intention of making estimates.

There is considerable difference between the samples offered now for dealers to estimate on, and those offered before. The present samples are samples of just such goods as the contractor will be required to furnish, and such as are proper. The flour samples have not been furnisned yet, but will be on Monday. On tho present sample the Com missionees expect a large competition, as the gradeB of the article are such as will admit of general competition. THE SUNDAY SCHOOL CELEBRATION.

The Rink has been engaged for October 28, by the Brooklyn S. S. Union for a grand celebration similar to that held two years ago, when addresses were delivered by Bev. Dr. John Hall, Geo.

H. Stuart, Dr. Scndder and others, and a choir of a thousand scholars sang a number of pieces. On that occasion the great building waB crowded and several hundred persons some said two or three thousand were unable to obtain admission. This year at leaBt a thousand and propably twelve or fifteen hundred scholars will constitute the choir, under the direction of Mr.

Dr. Horton as leader and Mr. S. Dyer, as accompanist. Ee bearcals are to commence next week, Tuesday.

Other arrangements are in progress and will be duly announced when completed. Sliort addresses ore tone delivered by a number of prominent gentlemen. Only as many tickets will be sold as the holders will find seats in the building; the price has been fixed at fifty cent. ONE OF THE MONTAGUES. A youth aged nineteen, Harry Montague by name, was to day committed to await trial for several assaults upon different persons.

He seems to have been making that his business of late beating men, women and policemen. MiNTine. dec. PyHE MONTHS. OF SEPTEMBER, OCTOBER.

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itonbrorihirt. The body is now tho Morgue for Idea. tinoauon. ot ALREADY ALREADY ALREADY ALREADY ALREADY.