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

EXAMINED. COUNTERFEITS. LAW NEWS. CONTINUED. 4 O'CLOCK M1M WITH SUPPLEMENT.

ties to bring tho action against tha trustoes of ths cemetery to compel tho intormont. A writ of mandamus in such a case was only to be issued whon tbore was a clear legal right of tho parties to It. The charter undor which the corporation was formed set forth that tho incorporators wore All Roman Catholics, and ths organization was a Csthollo one and was authorized to mako rules and regulations for ltsolf. One of those rules set forth that only Catholics could be buried thoro, and this fact, aaid tho counsel, wan well known to Coppers. The refusal to permit tho body to bo buriod was baood on tho fact that Mr.

Coppers had tho Froo Mason rites said over his body. Counsel on tho other ahlo had referred to tho Gullwrd caso at Montreal as a parallel one to this. Mr. Develin said it was not tnat Guiliord was a member of tho Canadlau Literary Institute, a society which had been oxcomuiu nlcated, but Guibord had a right to burial becauso he was a Catholic. Mr.

Coppers had no right to burial In Calvary Cemetery becauso ha was not a Catholic at tho timo of his death, nor is it alleged that ho ovor boiougod to that faith. The Court at this point took a roccsa. VIOLENCE. Blood Spilling on Saturday Night and Sunday. Thomas Barton, aged 6t, of 4 Fourth street, was arrested yesterday afternoon for assaulting Catharine Qlondennlng with a club during a quarrel at her residence, No.

32 Fourth street. Mrs. Glondonnmg was taken to the Butler Btroet Station, where her injuries, which aro not serious, wore attended to by Ambulance Surgeon Plympton. During a drunken quarrel in Columbia street yesterday, Joseph Motley, of No. 478 Hicks street, received a lacerated wound on the faco and a sovero cut on tho head.

He refused to Bay who his assailants woro. Last night an affray occurred In tho boarding house of Mrs. Dale, No. 33 Vino atreot, in which Mrs, Inman, of No. B43 Twonty fllxth street, New York, waa Btruck on the head with a tumbler, thrown by John Kehoo, ono of Mrs.

Dalo's boarders. Kehoo mado his escapo at tho timo, but waa arrested before midnight by OGicor Coddlngton, of the Second Precinct. William Ayer, aged 15, wag arrested last night for assaulting his mothor, Jano Ayer, of No. 66 Prospect streot. Patrick Newman, of 61 York street, on Saturday night, was caught in tho act of stealing a small quantity of sugar from Bartlett Groon's warehouse, in Furman streot, and Barry, the foreman, undertook to arrest him.

Newman then drew a knifo and was with difficulty provontod from using it until the arrival of Officer Graham, of the York streot Station, by whom ho was takon into custody. Early yesterday morning cries of "murder" were heard proceeding from tho residence of Josoph Oleman, cornor Clinton and Lorraine streets, and on the arrival of two officers, who promptly responded, Oleman was found suffering from two scalp wounds and a sovere bruise on his right arm. Bartholomew Alex. Guis, who bIbo resides in the house, had attacked him with a club and given him a terriblo beating. Oleman refused to make a cjmplaiut against Guis or to state what was tho cause of tho assault.

O'HARA. Tho Contest Over tho Old Lady's Will. A Short Session and an Adjournment Until Next Friday Tho Testimony of Dr. Uurant. Tho hearing in tho contest against the probate of ths will of tho lato Mrs.

Mary O'Hara was resumed this morning before the Surrogate. Colonel Starr, of Starr Hooker, appeared for tho contestant, Misa Augusta C. O'Hara, and ex Judge Morris for tho contestant, Miss Mary C. O'Hara; Mr. Edgar M.

Cullen appeared for the will. DB. G. DUBANT, of Thlrty socond street. New York, was the first witness called by the contestants, and was examined by Colonel Starr.

He testified that ho collod upon Mrs. O'Hara 111 December, 1876, ot hor own house. Tho interview lasted half or three quarters of an hour. Her conversation was largely In relation to her daughter, and when she spoke upon another toplo sho would very quickly return to the some subject. Mr.

Cullen objected to the testimony on tho ground that tho relation of phyBiclan Jand patient existed between Mrs. O'Hara and the witness, and Mr. Cullen oroBs examined him, with a view to ascertain what the relations wore. Witness said he did not coll as a physician, gave no prescription nor any advice. The direct examination was then resumed.

Witness continued Sho said she contemplated spending the Winter in tho 8outh. in Florida, and she said they had told hor she would be sick thore, so sick sho could not get back she spoke of her granddaughter. Miss Augusta, who was then hiB patient she spoke of her very kindly, and said Bho was a good girl then she went back to the subject of hor daughter then spoke about tho trip South, saying sho had contemplated taking hor granddaughter, Miss Augusta, with hor at this timo sho was in hor bed tho manner of her conversation was incoherent had nover seen her before that interview after leaving the room and going down to tho parlor I roturned, at hor request sho wished me to oome up, and when I came up she seemed to have forgotten what she wanted I formed a vory positive opinion at that time that eho was not of Bound mind, that sho was in hor dotage. Croea examined When I oame baok the second timo Bho asked me if I would come and visit her a second timo I said I would she had asked me tho samo question when I left the room tho first timo her granddaughter was my patient, and I called to seo hor eho had of ton asked mo to coll, but I had naver called her granddaughter was In, and I saw her in tho parlor Bho said her grandniothor, hearing of my visit, would liko to boo me; sho had beon out of the room boforo I went upstairs; she was in tho room at first and when tho old lady began speaking in her praise, sho (Miss Augusta) left tho room; the old lady did nearly all the talking; as I was putting on my overshoes tho old lady called, and Miss Gussio went up to Bee what sho wanted, aud coming down, said her grandmother desired to seo me again, as sho had something to say to me; I had never heard of her daughter Cecilia before, aud consequently paid little attontlon to it; it was not tho language sho used so much as tho way in which she talked. Tho next witness was a colored man, JOHN BBOWN, by name, who testified that he worked at Mort Tuni son's, on the old Conoy Island road; had seen Father Magulro and Mrs.

Mary O'Hara at that hotel; they camo in a coach woro thore two or three timoa; saw them there about a year ago. Not cross examined. An adjournment was takon until next Friday. MUNICIPAL. Commissioner Worth's Political ActivityThe Fight for the Vacant Collec torship.

The Board of City Works continues inactive so far aa appointments in the Department are concerned. The Commissioners held a meeting at noon today, but did nothing beyond awarding to B. B. SturgiB tho contract for repaying Greenpoint avenue with McAdam pavement at ninety Bix cents por running foot. Many place seekers were hanging about tho offices in expectation that there would bo some changes made in tho forco of tho Department, and tho impression grew more general that the Commissioners would not act until after the election.

The faot is, that the places to bo disposed of ara comparatively few, and by Ailing them now, tho Commissioners will make far more enemies than friends Worth wante to control tho Republican primaries, and is thorofore anxious to make no discharges or appointments at present. This, at least, is tho explanation givon by partloa who ought to be in a position to know. President Massey has had a vary fair share of the patronage ao far, and probably, is not disposod to fores action now. Tho general opinion is that Messrs. Massey and Worth understand each other perfectly.

It seems from the gossip to day that Worth in taking a hand in the contest for the ColiectorBhip in the place of tho late James Freeland. He has signed the petition of Colonel E. B. Fowler, and it is aaid will soon go to Washington to aak his appointment. Franklin Woodruff will also go in support of another candidate, understood to; be ex Sheriff Daggett.

Some have it that Lorln Palmer expeots Worth's aid, and the fact that Auditor Ammerman to day bad a privato conference with the Commissioner gave some weight to their statements. Mr. Worth, aa far aa can be ascertained, haa not openly said that ho wants Fovilor appointed, although ho has signed bis petition. Tho politicians may bo interested to know that Superintendent of Sowers M. J.

Dady announces himsolf as a candidate. Captain W. L. B. Steors Is not a candidate although ha has been spoken of.

Ha is seeking the Bo publican nomination for County Clork. NOT BXPIBED. A singular error has beon mode by all tho newspapers which have dlsoussod local politics, in declaring that tho torm of the County Auditor, Maurice Fitzgerald, expires this Fall. Such is not the fact. His term will not expire until December 31, 1880.

He was elected In tho Fall of 1877. THE PUBLIC BATHS. During tho week ending yostorday, 2,024 mon, womon and children patronizod tho three free baths of the city. ASSESSMENTS OF CORPORATIONS. President TruBlow, of the Board of Assesssor, makes tho following statement of assessments of the capital (not Including tho real ostatc) of tho corporations in the City of Brooklyn In 1879, compared with the same in 1878 i 1879.

1878. I I Banks Insurance Co's. I 210,000 110,900 Railroad 1,200,100 Gas Companies I Ferry Co's I 36H.90O Other Co's The Charge of Horse Stealing Against Jame3 JohDson and Charles Hunter. A Vigorous Fight by Couusel Tlie Matter to bo Decided Thursday. JnmfiR Johnson and Charlei Hunter, uti.

"Kit" lirlxgH, wore brought Ireforo Justice Walsh for examination this irulng on a cliarga of burglary aud larceny prcformd bjr Mr. Rotwrt W. Flolding, ot vm Prospect avenuo. Sir. Fielding owns horse and wagon, which with tho harness is valued at Ills stable is In Seventeenth street.

South Brooklyn. On the morning of Wednesday last, his groom went to Um stable, found that it had been broken into and the honw, wagon and harness stolon. Mr. Fielding prosecute! vigorous measure with a view the recovery of his proporty and the arrest of tho thieves. Not finding any trace of either In Brooklyn, ho sought tho assistance of tho New York police.

Finally, on Wednesday moruing about 10 o'clock, Ofllcor Donohuo, of the Twontiota Precinct, Now York, discovered the stolon property In a private stable In Toirty olghth street bolonging t) a man named Alicrn. It then transpired that the horw and wagon had been brought to tho stable by two men named hnon aud Hunter. Hunter Is a notorious thii and lio Intn arreitcd before, but jhnson, though well known by the police, haa not bef ire been In cun tody. Counselor Schwab, of New York, appeared for Hunter, and Sir. K.dy for Johnson.

AaaL itant Dlatriot Attorney Oak?) pro iecuted. Whon the complaint was read, both prisoners pleaded not guiity. HEADY OBJECTS. Mr. Ready thou objected to go ou with tho examiua tioa tio tar oh his client was conrerne.i, on tho qr i that he was not ready to go on.

Mr. Schwab thuu aM that lie was not ready, but afterward agreed i Mr. Krady fouKht vigorously for an adjournment, but Justify Wtilah naid that tho examination of one would apply t't both, aud decided to go on. Mr. Keady then paid that ho would not participate In the examination.

It waa suggested that in tht cao that he rftepont and havo nothing to do with thj examination, but thu Counselor didn't care to take this action. He nat down by Johnson aud spent nvwt of his time in objecting to anything which came out in tho testimony, which related to JohuKou. Each and every time the Jude overruled hi objections, only granting him at the end of the examination an adjournment of three days to put In rebutting tentlmouy, which Mr. Keady said that he could do. ALBERT V.

FIELDINO. being sworn, testified aa follows I reside at vn Prii. pect avenue, Brooklyn; I havo a stable that my wife; It ia in Seventeenth Btreet, in the rear of my house; tho stable was broken lubi on Tmwday night, or Wednesday morning last; a bay ruaro, worth 150 wan Btolen and alno a side bar road wagon, worth $1'2 and a Rot of nluglo harness worth and a wolf robe; I left the stablo at ten o'clock ou Tuesday night aud tho abovo property waa there at tho timo; have soon tha whole of the property aiuco. Crorf.s examined On Tuesday evoning I closed tha stable at 12 o'clock; I employ a man In my stable; I nover hire out wagoiiB; when I saw my proporty In Now York I did not make any complaint, becauso It was unnecessary, as the meu had been arrested; I made a stati" lnent before a magistrate in New York, and verbally charged Oharlos Hunter with having stolon my property; au examination was set down for the afternoon in Now York, but I came ovor in the meantime and ot tained a warrant from this court. (Witness thou described closely tho horso and wagon.) JOHN D.

FOOTE sworn, said I am employed as a stable man bv Mr. Fielding I remember tho 31th of September wont to the stublo at ten minutes to seven that morning I found the back door open, the lock lying on a stone In the back yard It was a padlock I saw also that tba two frout doors wero partly open they had boon opened tho bar with which they had been fastened waa removed and placed on one side found the door to the box stall oeu, tho mare gono, and her halter on tho ground the wagon aud harness were gone. Cross examined I don't know how the property waa taken, but I know It was taken. MATTHEW AHEnN, of 554 West Thirty eighth Btreet, New York, Bworn, said I am In the barrel business I know the dofond ant, Johnson saw him on the morning of the 21th, about 7 A. he was near my place, on the sidewalk, and tbut time was alone after ho had shook hands, ho Hsid he was looking for a stable; that he had bought horrte and did not want to put him in a livery stable it was too oxiMlnsivo I told him I had a stall which ha could have if it suited him he then examined It, said it would suit him and left I saw him again In leas than half au hour he had another man with him defendant, Hunter, looks like bim Johnson had a horso and wagon both men wero In tho wagon I noticed a robo and something else In tho wagon, but I don't know what it was the man who was with Johnson wan dressed in a brown suit and had, I think a short tward on his cherk they left tho horse and wagon with mo the next thing I know was OlUcer Douohue and another olhcer saw the horse and took it and the wagon away.

OM'IC'EI! DON'OHL'E, sworn. Paid I am attached to the Twentieth New York I arrested Huutrand Johnson on WV.loe day, September 21, about 10 in the morning I arresb them at Thirty fifth street and Tenth avenue I did not tell them what they were charged with until I tok them to tho station hotiFe defendant Hunter slid to me that ho lived nt 77 KlUabeth street that he mot Johnson corner of Forty first street and Tenth avenue, after six iu the morning Johnson asked him to have a ride with hlui ho drove him to tho stable, whero the hor was K'ft I took tho horso and wagon from Ahern's sfible Mr. Johnson told me that he bad bought the horse boforo fix o'clock that morning, from a man named Browu, lu Tenth avenue between Fifty fourth and 'ifty lifth streets he knew nothing of Brown ait.i".v.ird he told me as we wore going court, that he knew tho horse was stolen. He said, I know the horse is stolen, and I am afraid I'm eoitig in the hole." This ended tho caso for the People. Mr.

Schwab tljfn moved for Hunter's discharge, on the ground that there was no evidence either of burglary or lareeny against him. Juntice Walsh denied the motion to dismiss. Mr. Keady then asked for an adjournment for a few days, as ho oxiccted to bo able to bring such evldenco lefore the Court as would warrant the Court to lwlievo that Johnson was guilty. Mr.

Uakey Baid ho was willing to give Mr. Keady a chance. Justice Walsh Woll. I'll set this case down for next Thursday morning. will aot upon lluutcr'a caso at that time.

The prisoners wero thon remanded. CAKI'CTIMi, kc. UKUY SCHAKK, PHItOY PUKOY PURIJY PUKOY PUKOY PURDY I'UltUY PUKDY PURDY PURDY PURDY PURDY PURDY PI'RDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURKY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PIIKDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PUItDY PURDY PURDY PURDY PURDY PtrllDY PURDY PURDY PURDY PURDY PUItDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY PURDY NO. 2i7 FULTON STRKKT. HKADQU ARTKRS OARPKTS THB MOST CUM BUST SKLKOTICD STOCK IN TUB OTTY.

THK LOWKSl' PRICKS. PARTIKS CONTEMPLATING FURNISHING THLS FALL WILL FIND IT UNNKCK SHARY TO CO TO NKW YORK IV THEY WILL I AVAIL THKMSKLVK8 OF THB FACILITIES FOR SELECTINO FROM THE OUOIOK STOCK OFFERED BY PURDY 4 SOIIARF. NO. 237 FULTON STREET, Opoosito Clinton. CONEY ISLAND.

RIGHTON BEACH, BROOKLYN, FLATBUSH AND CONKY ISLAND RAILWAY. TRAINS TO BRIGHTON BKAOtf Leer. FLATBUSH AVBNUB 9. 10 11 A. 13 SI lfl 1 7t M.

Btopp A all stations. TRAINS FROM BRIGHTON BEACH Leave at 1 .23, fi 11 25 A.M., 12 :2... 1 I v. 2 3:25, 3:55, 5:25, 1 M.53 P.ll. Stopping at all itationa.

There will be music on Saturday and Sonday afternoons from 3 to 0 o'clock. W. E. DORW1N. Superintendent.

LEGAL NOTICES. SUPREME COURT, COUNTY OFKiNGS William F. Russell, as receiver, of the 8iitur Savings Bsnk. of tho City of New York, pUlntlff, afAtmt Bridget Chidwick and Richard Chldwiok. htrhusbana; Joseph Sslradore and others, defendants In piranc.

and bv virtue of a iudmnent of foreclosure and si, fatal anrl nt.Mt in thn iIto antiUod action on tt 3IM OAJ ol way, in me oi urooaijn. noon, on the i 1st day of October. auctioneer, the primis in ft LT.l Xhl therein described a. follow. 'j KTtatnth Ji'Jd.

of NrVh Henry st. bonlnet 2EK c. ft norSirlj rom the northut corner of Ur Kfrt Art Wh HVrTrV itrwta ronnin thence northerly, bert and twonty feel theoc parallel trtlu. SStlST on. hundred feet to thi rear lino hvh nd parallel with North Henry streot.

ImSS fMtincf'thone; wesVrly, pawllel with WrJ one hundred ft to the place of tinrua. DaSwJ Brooklyn. S.pt.rnbe, 'pELSDKN, Eefer. IIowabd Jokes, PlalntilTi Attorney, CaUkill.Groraa County. N.

aa7tfaATb UPKEME COURT. COUNTY OF KINOrl William F.Rassell, as Recirer. eta. of th Wipeou Svnur Bnk of the City of New York. Plaintiff, aiauart Bridget Chidwick and Richard Chidwick.

her htubaad: Goorira Worden and defoniUnU. In pursaxaoo aoaj by virtue of a judgment of foreclosure MO ula rntcs tad entered in lb above ootitled action on tho Jth day of May. 7'j 1 thu unJe. the rcfere. therein naraej sell at pubhc suction, at Number forty flvo (45) HrotJwy.

In th City of Jirooklyn, ailern Diatnc. at 13 o'clock noon. th Jlit dar of October. lvTJ. by James C.

Kidts. auo tionet r. tl'f iirmises sud judjrmont named and thrwu dfcnld a Ail that lot of Und with iho baildinca tlirreon sitiitvte and beiug in the Kyrhtoenth Wsrd of tuo City of Brooklyn, East District, fronting on troi, lietinmni tony feot easterly tnnn the northeast corner a Herbert ami North Henry streets, runnina tlieaio easterly Htvrtjert streot t.tonly frt. thence nortlmrly parallol with North Henry street fe.t to tho rear lie th nco westerly twenty feet aloni th rr to a pomi torts fet easterly Iroin the east tidnol North Henry etro.t, and tnonce southerly parallel wnn iLr: place of beginning; being a lot twenty fril and feet dep "i'. VsfifS "ft fTl lH7i IlKIIBKN MAPI.I.SDKN, Keteree MATu 7i The Insanity of the Last of the Patchen Avenue Gang.

The Prisoner's Hallucination lie Thinks ho is Wanted for the Murder of Howard. A Myth The Case of the Dismissed Fire Department Employes The Coppers Case The Actor Raymond Divorced. Of tho four Patchen avenue burglars, only John Wilbur, alia Gilbsrt Yost, Is in the hands or the authorities. Shang" Draper has beon removed to Massachusetts to bo tried for alleged complicity in the Northampton Bank robbery, though it ia believed that there Is not a Jot of evidonco to convict him. Irving and Porter escaped from Raymond street Jail and havo not been recaptured.

Wilbur is sold to bo insano, and Dr. Young and Dr. Shepard aro of that opinion. This morning Wilbur was boforo Judge Moore, in tho Court of Sossions, and Mrs. Cavanagb, the matron of tho jail, was called into testify aa to his insanity.

As soon as Mrs. Cavanagh ascended to the witness chair, Wilbur, who was sitting in front of the bene, arose in an oi oited way and aaid 'I know what this woman la brought here for. She is called to testify that I am required for the Howard murder. I think I spoko to her on the subject, but can't remembor, Her testimony is not nocessary I am in a proper frame of mind." "The physicians say," Judge Moore said to Mrs. Cavanagh, "that Wilbur has refused to tako food." 'Sometimes ha does and sometimes not," Mrs.

Cavanagh replied. "Did Wilbur speak to you about tho Howard murder?" Judge Moore asked. "It was only silly talk and of no consequence; I can't remember what ho said, it was bo Billy," tho witness replied. Here Wilbur again arose and with considorablo en orgy said Tho whole thing Is a farce. What I'm brought here for is the Howard murder." The physicians say," Judgo Moore said, "that you are Insane aud unfit to bo tried.

Of courso if It is so you can't be tried, and I shall havo to send you to a lunatic asylum." I'm not insane," Wilbur said with emphasis, "and I can go to trial. I can reinembor all that hnpponed. I think I was in Oswogo two weeks before Howard was murdered." "No one accuses you of the murder of Howard," Judge Mooro said. I saw it in the papers," Bald Wilbur, "thoy say I murdorod Howard." No ono says anything of tho kind," Judge Moore said. "I saw it in the papers, Wilbur said, "and I can't lwlievo that I'm all this timo for burglary in tho third degreo.

I think I'm held for the Howard murder. My memory last time was affected." "Do you really believe," Judgo Mooro askod, "that you aro held for tliti Howard murder?" "Yob, I do," Wiibur replied, with much energy and solemnity. Judgo Mooro remanded Wilbur until to morr ow. A MytU Damages Claimed for Property 'H'iint had no Existence. Caroline F.

David sued the Williamsburgh City Tiro Insurance Company for $2,060.67, on a policy. Plaintiff Insured in the defendant on Juno 5, 1877, for one year, as follows: $1,000 on furniture, wearing apparel, $2,000 on homestead, Pompton, Passaic County, N. J. $500 on carriages and sleigh and $1,500 on three horses. On November 21, 1877, thero was a Are, and plaintiff estimated hor loss at the sum claimed.

The defendant denies that tho plalutiff had ony interest as owner in the proporty said to have beon dostroyed, and alleges that her only interest was through a protended transfer aud convoyanco by Henry J. David to Man David, and from Marx David to tho plaintiff, and that these transfers aro a proteuso and fraud, and wero never executed and dolivered, and that if tho proporty was ever conveyed to tho plaintiff, it waa done to defraud the creditors of Henry J. David. It is also alleged that notlcos of attachment woro served on tho defoudaut before the action was begun, that tho property was not worth the sum claimed that it was destroyed by tho counivauce and procurement of tho plaintiff, and that a propor account of tho loss, with certiflcato and vouchers, waa not rendered. The cause was tried before Judgo Medio and a jury In tho City Court, and the trial resulted In a verdict for tho defoudaut.

Appeal was taken to the General Term which has affirmed tho judgment. Annexed is tho OPINION. Tho question on tho trial was, whether tho plaintiff had an insurable interest in the proporty at the time the policy was issued. Tho allegation in tho complaint that sho had such interest as owner was denied by tho answer. Tho plaintiff claimed title undor Marx David.

A deed of tho real, aud bills of suloof the puniona! property executed by Henry J. David to Marx David and liko conveyances purporting to havo been executed by Marx David to the plalutiQ', were put in evidouce on the trial. It appears from tho caso that there was evidence tending to ehow that there was no such person as Marx David, aud, as evidence by tboir verdict, tho jury havo found that there waa no such person. Accepting tho fact thus found by tho Jury, as wo must do since tho testimony is not boforo us for reviow, it follows that the papers so put in evidence as conveyances woro Inoperative. Those signed by Heury J.

David, the owner of tho property, wero not, never could have beon, dolivered, aud delivery or acceptance is nocessary to give effect to a convoyanco. Tho papers to which tho words Marx David woro affixed never v.cro, never could havo been, proved acknowledged or delivered. But it seems idle to specify objections to grantB in which either the grantee or the grantor was wanting. It is stated in the caso that there was ovidence tending to Bhow that at the timo of tho lire, the plaintiff waa in possession of tho proporty. Had it appeared that Bho had had such possession at the dato of the policy, that would have been material and tho continuance of it might have boon presumed.

Hut POSSESSION AT THB DATE OF THE FIBE doca not In any senso touch tho question, whether sho had any, and, if any, what relation to tho proporty when tho contract of Insurance was made. There does not appear to havo been any evidonco on tho enbjoct. It is to bo observed that tho interest claimed by tho plaintiff was that, and only that ef titlo. It was so allegod in tho complaint. In his statement of the caso, introductory to the points used before us, tho plaintiff's counsel says: "The only question involved in the appeal is tho question of titlo." Tho caso appears to have beon tried on that theory, the titlo claimed to hove boon acquired, and only acquired, by virtuo of tho fictitious conveyances put in evidonco.

That having beon so, tho learned presiding judge instructed the jury that if there was no ouch porson as Marx David, if ho woro a myth, tho plaintiff could not recover. It followed that If tho ury woro satisfied that Marx David did exist, so that tho proporty could have beon conveyed to him, and by him to the plaintiff, sho could recover. The latter branch of the proposition, involved thus aa clearly as If oxpressod, would doubtless have been expressly charged had tho plaintiff's counsel requested it. He made no Buch request. It assumed in the plaintiff's favor, swept in and applied oil tho rules and principles which, upou the argument boforo us, her counsol has invoked in hor behalf.

I am of opinion that tho instruction, as given, was correct. I am also of opinion that if any other feature of the case oxlsted whioh might tond to qualify that instruction, and was proper for tho consideration of tho jury, tho learned counsel should havo called the attention of tho Judgo to it. That was to havo been oxpoctod from his zeal and Intelligence. If he had seen that tho Court was, from some oversight, giving undue siguitlcanco to one aspect of the case, he would, in tho fair discharge of his duty, have made somo Bpeciflc request. Thia consideration, in an equitable point of viow, and with regard to tho most approved practice, has a direct bearing upou the exception as takon.

But as it does not appear that tho plaintiff was In possession when tho polloy was Issued; as it does appear that hor only pretense of title was under those fictitious conveyances, tho instruction given was the only one that could have boon given. It was not tho province of the learned Judgo to doal in abstract propositions, or give the Jury A LECTUBE ON THE LAW OF INSURANCE. But If ho had donn so every rulo or principle ho could havo stated would oither have fallen inort for want of testimony or for want of validity in the so called conveyancea. Of what avail would It have beon to havo told tho jury that tho mere statement In tho policy that tho proporty was the plaintiffs was sufficient privia facie to cast upon tho de fondants tho burden of disproving that assumption, when the fact that tho plaintiff's supposed grantor was a myth disproved it? Or that mere possession, with a bona fide claim, a beneficial enjoy mont at tho date of tho policy was sufficient, whon for aught that appeared sho had not at that timo any relation to it? Or that by an insurable Interest in property Is not intended a good title to it, when her olaim was that of a good title, if anything Nor would It havo been material to bevo considered whether, in tho application of equitable principles, tho plaintiff, by receiving all tho eonveyonces and paying a consideration, would have acquired an equitable Interest, oven if tho scheme was devised by David in fraud of creditors, Bince it did not appoar that any such transaction occurred boforo tho oonlraot of insurance? Tho principles involved are familiar. (Fowler vs.

Ina. 23 Harb. 150, 1 Phil. Ev. 648 and note Rowe vs.

Gans, 9 Hun. 6 Seymour vs. Cowing, 4 Abbott's Court of Appeals Decisions, 200 Wood on Fire p. 489.) But tho instruction given to the Jury colls for a further observation. It is said that, among other things, tho Judge charged as stated.

What were those other things For aught that appears tho charge, so briefly given in the caso, may have beon extended, and for that reason the exception was not well taken. In Parsons vs. Brown, 15 Barb. 590, tho oxcoptlon waa taken to an Instruction of like form. What the Court had occasion to say as to tho duty of making requests, also applies.

The judgment and order should bo affirmed with costs. J. Neilson, J. C. O.

I concur. Geo. G. Reynolds, J. 0.

C. Xbe Dismissed Employes ot tSio Fire Department to Have a Trial. This morning the writ of certiorari to review the action of the Fire Commissioners in removing certain firemen and employes camo on before the Special Torm of tho Supremo Court, Judgo Pratt presiding. Mr. Do Witt said that counsel had agreed that tho relators should take orders rovorsing tho action of the Commissioners as rcspeoted the firemen.

In the case of the boll ringer, a question arose as to whether he was a member of tho Fire Department, and that matter would bo left to the Court to decide. In examining tho law Mr. Da Witt was satisfied that though the Btatnte of 1869 gave the Commissioners power to dismlaa a member of tho doportmont, tho law of 1873 expressly provided that they could do so only on conviction. They had resolved, therefore, to give the relators a trial. They were dismissed for inefficiency and breaches of discipline, and tho Commissioners thought that thoy could show that on trial.

An Actress Divorce. A decree of absolute divorce was this day entered in the City Court of Brooklyn in favor of Marie E. Raymond againBt John T. Baymond, better known oa Colonel Boilers, who closed an engagement at Wallack's Theatre oa Saturday last. The details are not to be had.

Judgo Troy appeared as counsel lor plaintiff. Tlie Coppers Burial Cose The argument in the case of the relatives of the lato Dennis Coppers against the ofllcera of Calvary Cemetery, to compol them to permit the body of Mr. Coppers to be interred la the cemetery, and also to allow his body to remain In the receiving vault of tho cemetery until the caso had been decided In tho courts, was up in Supreme Court Chambers to day, Tho case for tho plaintiffs waa argued by Mr. Charloa W. Brooke last week, and the defendant's counsel, Mr.

John E. Develin, replied on behalf ot his clients to day before Judgo Westbrook. Counsel argued that it did not appear, nor waa it shown, that Coppers belonged to any Catholic church, and that he was not an attendant at tho cathedral. The Calvary Cemetery ho said belonged to tho St. Patrick Cathedial corporation which was incorporated under chapter 239 of tho Laws of 1817.

Counsel read from tho will of tho deceased his oxpressod wish that bis burial services be read in some Protestant ohurch and argued that this Implied that at the time of his death at least, Coppers wot not a Catholic and there waa nothing in the papers of the other side to show that Coppers ever was a Catholic The written document Blgued by Mr. Brennan as a receipt for the purchase of tho burial plot was not in the nature of a deed or conveyance as it ought to be and was required to be by the law. It was onlv a receipt for $75 purchase money. Being only a receipt it gave no right or title to tho land, but might bo a tealsfor a suit for specific performance. Tho receipt waa an incomplete proof of tho situation of tho plot, aud any way tho body had got to be burled in tho plot before a risht or titlo was had to tho ground.

CounBel also oonto dod that if the receipt gave the right of burial then tho plot went to tho heira and dovisces, and thoy wero tho parties who should come into Court and claim the burial of the body thero. The partloj hero were tho vorioat strangers; they wore not devisees, heirs or executors under the will. Thoy wero not even next of kin, as counsel said ha would show his Honor. Tb executors, and tha executors tlooa Hero, tha oar. Attempt to Flood New York with Bad Money.

A Prisoner Pays his Fine with a Bad Note In a Police Court. The bold attempt that was made on Saturday night to flood Now York City with counterfeit flvo dollar bills of the National State Bank of Troy, did not prove ao successful as the managers of the fraud anticipated, and tho arrest of the leader with several of his confederates, early in the evening put a dompor on tha nofarious business. Tho first arrest made was that of William Cluff, alias Frank Bennett, who was taken in custody late on Saturday afternoon, in Bleeoker street near the Sixth avenue, by A. L. Drummond, Chief of tho Secret Servico Division, and on his person was found $1,700 in counterfeit five dollar notes on the National State Bank of Troy.

Cluff was locked up in Ludlow street Jail, and his examination will take place this afternoon before Commissioner Shields. This morning Lizzie Owens, girl of about 10 or 20 and very commonly dressed, waa arraigned before Commissioner Shields charged with attempting to pass one of ths counterfeit bills upon John McQuillan, keeper of a saloon at 230 Ninth avenuo. She offered tho bill in payment for a glass of beer, but McQuillen told her it was counterfeit and warned her against attempting to paas it again. She replied that SHE TOOK IT IN CHANGE and believed it was good. As she was going out Officer Livingston stepped Into McQuillen's in obedience to a general alarm sent out from Polico Headquarters to warn shopkespors against tba counterfeits whon McQuillen pointing to the girl said "sho just offered me ono." With the remark that "sho's ono of tho people I wont," the officer ran out and arrested tho girl Lizzie, upon whose person tho counterfeit bill was found.

The Commissioner committed her to Ludlow Btroet Jail for examination to morrow in default of $5,000 bail. John Williams, a sharp looking follow, was also before tho some Commissioner, this morning, charged with attempting to pass ono of tho counterfeits upon Solomon Lazarus, of 118 Eighth avenuo, and upon Henri Klee, a block above on tho same thoroughfare. It appears that Williams dropped into Lazarus' cigar store and offered the counterfeit in payment for TWO TEN CENT CIGARS. Mr. Lazarus said he didn't like tho looks of the bill, whereupon Williams handed him twenty flvo cents, received his change and walked out.

Thonce he went to Kleo's Btore, at 132 Eighth Bvenuo, and offered tho samo bill in payment for two cigars. Mr. Klee said, "Wait a minute and I'll see If it's good," and started out with the hill In his hand, Williams telling him, "Nover mind, I guoss I've got change." Mr. Klee, who had already been notified of tho counterfeit, replied, "This is tho bill I want," and calling Officer Hughes, gave the man in custody. The Commissioner committed him to Ludlow street Jail for examination in default of $5,000 bail.

Tho District Attorneythis morning ISSUED A WABBANT for tho arrest of James Ryan, of 40 Baltic Btreet, Brooklyn, and James Kelly, of 118 Mulberry street, Now York, who were committed yesterday by Justice Kil breth at tho Essex Market Polico Court for examination. Ryan attempted to "shove tho qneer" on Thomas Madden, of Fourth street and the Bowery, New York, but tho barkeeper not having change, tho fellow threw down a nickle for tho glass of beor ho drank and walked out. A few moments later ho was arrested by Officer Reed, but had meautime managed to got rid of the evidence of his crime. Kelly attempted to pass one of tho boguB bills upon Richard Jacobs, of 52 East Fourth street, Now York, and was arrested thoroupon by Officer Reed, who snatched tho bill from his hand as he was leaving the Btore. He offered Jacobs a "$10 to lot up on him." These persons will probably bo before Commissioner Shields this afternoon, and will bo Bent with their confederates to Ludlow streot Jail for examination.

Doptity Marsha! Holme brought William Cluff alias Frank Bennett before Commissioner Shields, st one o'olock this afternoon, for examination. He is a tall, slim fellow, with smoothly shaven face, lightish brown hair, and wa3 dressed in a black twilled coat with side pockets and light drab pantaloons. Cluff waB arrested late on Saturday afternoon in Bleecker street, aud thero was found in his possession $1,683 In counterfeit $5 notes on tho Stato National Bank of Troy. Tho arrest waa mado by A. L.

Drummond, Chief of the United States Secret Servico Bureau of Now York, who somo timo ago received information that a new counterfeit $5 note, printed from the plato engraved many years ago by Charles Dlrich, tho confederate of Colo and Ott, now serving long tonus of Bervico in the Stato Prison at Trenton, N. was about to be circulated. On the examination A. L. Drummond, Chief of the Unitod States Secret Service Division, testified that ho arrested Frank Bennett in Bleecker street, on tho aftor i.

jon of the 27th and found in his possession upon examination, $1,085 in five dollar bills, purporting to bo isBucd by tho National State Bank of Troy. Ho found tho bills in SEPARATE PACKAGES in the side pocket of his coat and tho back pocket of his pautaloous. He counted the money in tho presondo of the prisoner and markod several of the notes. Mr. Wethorsby proposed to offer the notes in evidence, to which Mr.

Oliver Bonnott's counsel objected, on tho grounds that the billB wero not Bhown to bo counterfeit by an expert. Mr. Oliver said, however, ho would admit that tho mouoy was counterfeit to facilitate matters. On crosB examination witness said that Bennett did not offer to pass any of tho money on him, nor did he see bim offer it to any ono olso. The prosecution having rested, Mr.

Oliver moved that tho case bo dismissed and his client discharged, but thia was opposod by tho District Attorney who quoted tho U. S. Statutes to show that tho prisoner was amenable to the law for having the counterfeit notes in his possession. Tho Commissioner said he would hoar argument on the motion and accordingly adjourned the case until to morrow afternoon. More of the Same Sort A Prisoner Pays His Fine With a Bad Bill.

On Saturday last it came to the ears of the officers of tho Secret Service Department that an attempt was about to bo made by a gang of counterfeiters to flood Now York City with counterfeit bills on tho Notional Stato Bank of Troy. On Saturday night A. C. Drummond, Chief of the Secret Service Department, arrested two men with a large quantity of tho counterfeits in their possession. This morning a man apparently about 35 years of age, who was drossed in a light auit of clothes and who wore over ono of his eyes a green pad, waB arraigned before Justice Flammer, at tho JofTereon Market Polico Court, on a charge of being drunk and disorderly.

Ho gavo his namo as Jacob Woods, and on being fined $10 promptly stopped up to tho clerk's desk and handed ovor two $5 bills. The clork was busy at tho timo in taking several fines and did not discover, until Woods had got to tho door of the court room, that ono of tho bills was a counterfeit on the National State Bank of Troy. Tho clerk immediately called to Officer Geary of the court squad to stop the man, but before he could do so that individual had disappeared. Tho man was Been to tako a Siith avenue car going up town, ride about half a block and then jump off and tako a car going downtown. Hois supposed to belong to tho same gang as thoso arreBted by Chief Drummond.

The counterfeit is a rather clumsily executed one and can be detected easily. It is bolioved that a vory largo numbor of them have been circulated throughout tho city. A DISHONEST CLERK. Stealing Letters in the Brooklyn Post Office Cang bt by Means of a Decoy. He Eludes Special Affont Sharretts, Climbs Over a Fence and Effects His Escape.

Several months ago Postmaster McLoer began to receive complaints to tho effect that a large number of lettera either mailed at or delivered for distribution to Station W. wero disappearing. Tho system In use is of suoh a charaeter that whenover matter mailed to and from a givon locality disappears systematically there ia little trouble In finding out who is responsible for it. The Postmaster gave the complaints Ms personal Investigation, and with the assistance of his deputy, Colonel Morton, soon became satisfied that Charles Irish, one of the olerkB, was tamporing with the malls. None of tho employes had stood hlghor In tho estimation of the Postmaater than young Irish, who was given charge of tho letter department, in the absence of the Superintendent, Stephen F.

Lewis, but the caso againBt him was too black to admit of much doubt as to his guilt, and Special Agent Sharratt was called in. Irish was SOBER AND INDU8TEIOU8, and addicted to none of the habits supposod to indues dishonesty. Ho was regular in his attendance at church and took a lively part in BlbleVjlassoxerciees. Sharratt had a comparatively easy matter to handle. By an adroit uso of decoy lettora ho got Irish so thoroughly entangled that his arrest was resolved upon.

Accordingly, on Saturday afternoon Sharratta visited the post office with tho design of taking tho young man into custody. Irish, whoso suspicions had been aroused, evidently divined the object of tho agent's visit. He hurried into the back office, passed through tho hallway Into the yard, and mado his escapo by climbing over a fence and going through an adjoining house. The agent and two or three of the clerks followed him as rapidly aa possible, but Irish had already got into a passing car and. waa out of reaching distance.

A police officer was sent to the residence of the young man, 258 Seventh Btreet, but no trace of him waa found thero. Two hours afterward, Mrs. Irish called at the house to inquire for her husband. Sho had not the faintest idea of what had happened, and was astounded when she beard that her husband had FLOWN TO EVADE ABBEST. Irish's salary was far from proportionate to the importance of the duties he was called upon to perform, hiB pay being only $700.

Colonel McLeer says that ho has no means of eBtima'ting tho amount of money which foil into the hands of tho fugitive. He does not think it can possibly. exceed three thousand dollars, and the probabilities are it Is not over flvo hundred. Thoro la little proapeol of tho young man'B Immediate apprehension. His relatlvea Bay that they have not the alightoot Idea aa to his whereabouts.

They are very much concerned about tha trouble and have promised to lend tho authorities all the assistance in their power in bringing about restitution In cases where those who have loot money mako the fact known to the postal authorities. AH ACTOB BlSSmC. Stage Manager Walsh, of the Olympic Theatre, called on Acting Superintendent Dilks, at Splice Headquarters, New York, to day, and stated that E. H. Lay, a well known actor, waa missing.

Mr. Lay had beon ongaged to support Jennie Hnghea in the "Fronch Spy," which waa boing rehearsed at the theatre this morning, and which is advertised to be given to the publio this evening. The handbills read that, "during tho drama, Mlsg Jennie Hughes and Ed. H. Lay will introduce their most terrlflo combat In which thoy have no equalB." Mr.

Lay was seen at the Fulton Ferry about 7o'dock last evening, when it waa his intention to go to Brooklyn. His failure to make his appearance at the theatre to day, causod grave feara. Inspector Dilks, at tho request of Mr. Walsh, sent a telegram to tho Brooklyn police, asking that inquiries should be made for tho misairu? actor, The Injunction Against the Fulton Munioipal Gas Company. The Temporary Injunction Sustained The Opinion as Written by Chief Judge Neilson.

Chief Judge Neilsou has continued the injunction restraining tho Fulton Municipal Gas Company from tearing up tho streets and laying mains. Subjoined is tho OPINION On this application to continuo tho injunction, the question is, whether the defendants have tha right to take up the pavemonts of tho Btreots and avenues, dig trenches and lay pipes aud conductors for the purpose of supplying gas for use. The defendants claim that right under the Mutual Gas Light Company, which was incorporated in 1875, under tho general statute authorizing the formation of gas oompanies. That company, after having purchased land and conti acted for the erection of gas works thereon, with the consent of the municipal authorities, obtained on giving tho required bond, laid some pipe for conducting gas, issued its bonds for the payment of creditors, secured by a mortgage executed to trustees, and then found it expodlont to Buopond its operations. Thereupon, that company convoyed its property to the defendants, tbs Fulton Municipal Gaslight Company, which had been incorporated under tho gonorai statute, in Maroh 1879.

It is alleged that the defendants entered into tho uso and ownership of the property with tho direct authority and agency of tho mortgagees, and acquired all tho property, rights, franchises and privileges which had been vested in tho former company; that they accepted tho convoyanco and proceeded in the work aa to which they have been enjoined, undor tho advice of counsel, and hove conformed to the requisitions of tho Board of City Works. The act undor which both said companlos woro incorporated, while giving full power to manufacture, sell and furnish gas, provides that such corporations shall have powortolay conductors for conducting gas through tho streets of the city WITH THE CONSENT of tho municipal authorities and undor such reasonable regulations as thoy may prosoribe. (3 Statutes at Largo, p. 852, seo. 18.) By tho term "munioipal authorities" wore Intended tho Mayor and Common Council.

It is their proviuco to act In such mattors. In tho defendants' papers road on this motion, two resolutions of tho Common Council not roturned by tho Mayor aro sot forth. Tho dated ono January 17, 1876, gave tho required permission to the' Mutual Gas Light Company to lay pipeB for conducting gas through tho streets of tho city for tho period of fifty years. Tho other resolution, dated January 24, 1876, provided that boforo any person or incorporation under any right or privilege granted by the Common Council shall undertake tho laying of gas plpas in the streets, such person or incorporation shall enter into an agreement with tho city with such restrictions and conditions aud such bonds relating thoreto as shall bo approved by tho Mayor. But, recognizing thoso restrictions, tho defendants olotin that they have the requlslto authority, that it camo to them indirectly as an incident to or an element in tho estate acquired.

Tho argument is very subtlo. It makes the consent given expressly to tho old company aa auch, negotiable, a thing capable of being passed to and from these defendants indefinitely. It Books to bo com bino that cousont with a supposed legislative grant, as to constitute an easement It invokes tho fact that unless coupled with that consent, tho real and personal property which the old company had bought, would not havo been saleable as if such oxtraordinar and voluntary Bales were to bo ENCOURAGED BATHER THAN TOLERATED. It would apply to such sales (though not in contemplation of the statute) and to tho title to bo acquired by a speculator tho same beneficent principle which for tho benefit of creditors, applies to a purchase on tho foreclosure of a mortgage given by Buch a corporation 1 But tho infirmity of tho argumont lies more obviously in tho attempt, intended or not, to evade tho statute. The Legislature intendod that thoro should bo an immediate relation between tho city and tho corporation carrying on its operations in tho streets, and, perhaps unduly, interrupting travel, to tho prejudice of the citizen.

Tho statutory requirement 1b broad aud unqualified. The corporation, any corporation, formod undor tho act, as tho defendants woro, may havo power to lay gas conductors in the streets with the consent of tho municipal authorities. Shall any such corporation acquiro that power in some other manner I think not. Nor is it material that the now corporation, on coming in, INTENDS TO DISPLACE Bomo other company and to use its property. Tho books are full of cbbos in which the courts have discouraged attempts to depart from the tortus of statutes or to qualify their exactions.

Judgo Branson's reprobations of Buch attempts havo beoomo proverbial. I have, in deferonco to tho views of the learned counsel aud in view of the importance of the case, given full and careful attention to the proofs produced and to the numerous authorities cited. I think the Ioarned counsel, now that the boat of discussion has passod off, will agree with mo that the statuto is to bo respectod, its tonus enforced, even if souio iuconveuienco should bo imposed. But that inconvenience cannot bo BeriouB. I think thoy will alBO agreo with mo that, as tho question Is one of strict logal right, tho suggested advice of counsel, though entitled to great respect, tho agency aud authority of tho mortgageoB, and the neglect of tho city to pre this matter at an oarhor day oan have no weight or iufluouco.

The injunction must bo continued. J. Neilsok, J. O. O.

THE CITY OF BRESLAU. A fjarg Excursion Visits That Place. The Scheme by which Koines are Acquired There. Au excursion of about fivo hundred people wont to Broalau, L. yestorday, by special train on tho Southern ltailroad.

Mr. Charles S. Sohleler, tho founder aud owner of Breslau, accompauiod tho excursionists. With him wore tho editors of Gorman papers published in Boston, Now Havou, Springfield, and Philadelphia, who had boon deputed by German societies to study tho advantages of Breslau as a place of sottlomont. These representatives wero plo ased with the place.

Two bauds of muBlc accompanied tho ox cursionlsts, and Mr. Schlolor headed tho procession from tho railroad depot to his farm, thonca to the bay Bhoro, whore tha brldao and tramway to Mr. Kalb fieischo's Oak Island entorpriso aro to begin. This is a beautiful section of country. After speoohes by tho Gorman editors, tho procosslon roturned to the starting poiut, and onjoyod a lunch in Nohring Glosto' hotels.

During the afternoon the band played and the people danced, and altogether thoy passed a very pleasant day. Mr. Schleler Is now tho absolute owner of Breslau. There being now no litigation to disturb tho minds of tho ownors of proporty, nor to create a doubt as to tho validity of titlo in tho minds of proposod settlers, tho place gives promise of rapid growth. Recently a cooperative association of New York purchased one thousand acres near tho bay front.

Their object is to havo factories erected and ESTABLISH PERMANENT HOMES for themsolves. Each member pays fifty cents a month, and when $1,000 havo been paid in thero is a drawing for tho amount. Tho lucky man is to build a house on tho association plot, and thereafter ho pays fifty conta a month until ho has restored to tho treasury tho $1,000 advanced to him. Breslau was dedicated in Juno, 1870, Matthew Hale Smith making the dedicatory speech. Tho placo grow rapidly until tho unfortunate litigation betweon Well wood and Schloier began, and thereafter remained inactive.

Thoro aro in the city 4,000 acres of land. Thoro aro 500 buildings, and a population olosa upon 1,800. Thero is a publio school two stories high, two Catholic churches, a Baptist aud a German Lutheran church and a woll organized flro oompany, Tho soil is rich and productive, and ovory famUy has a garden under cultivation. In tho thickly settled part, adjacent to the depot, lots command $1,000, while in other localities they can be had as low as $15 oach. Recently Mr.

Schlolor paid up all tho arrears of taxes on the place some that thoro is now NO INCUMBRANCE WHATEVER. The main avenuo is ICO feet wide, and all the ave nuos are 100 feot wide. Thoy will bo extended through to Anii'tyvtUe in tho Spring. It is proposed to Incorporate Babylon, Breslau and Amityvillo into one city. A Mr.

Ellinger is running a factory hero, and making ladles' dress trimmings, seamless stockings aud oords and tassols. A large brick building on the south side of the railroad will soon bo occupied by tho Vulcanized Button Company, of Watorbury, with 170 hands. Tho Klralfy Brothers, of spectaoular fame, and Mr. Waldan, are large owners of land hero. Tho greatest improvement made on tho island In some time is just on the northwestern border of this place.

The Sisters of Charity, of Now York, havo erected a great convent and orphan asylum, with a handsome chapeT, all of brick, at an outlay of over $200,000. There aro In the home at present over 200 children of New York City. With tho liboral entorpriso exhibited by Mr. Schleler, and the indorsement of the German press, Breslau cannot fail to grow. Ml." J.

B. FRALER, Wanted.iu Buffalo for a $70 Hobbcry and Conimittln.fr Larceny in Thin City. "Dr." J. B. Fraler, living in Buffalo, and wanted by the polico of that city for grand larceny committed thore, was arraigned boforo Justice Fisher this morning on a charge of thof preferred by Horaco Fuller of Carlton avenuo, and A.

W. Beasley, a broker doing business at No. 12 Wall streot, Now York. Fraler arrived in this city on Saturday from Buffalo, and yestorday afternoon ho called at tho residence of Mr. Fuller, and asked to bo shown to the room of a friend named Basley who, ho said, was boarding there.

Tho servant girl, thinking that tho visitor desired to seo Mr. Beasley, who boards at Mr. Fuller's house, permitted him to enter. Fraler, on seeing Beasley, claimed to bo well acquainted with him, but soon attempted to steal a shirt and a ladles1 fan. Beasley, with tha assistance of Mr.

Fuller, waa taking Fralor to tho Fourth Precinct 8tatton House, when they met Detective Shaughnesay, and to him turned over their prisoner. Fraler pleaded "not guilty," this morning1, and was aont to jail to await examination and also to give Superintendent Campbell an opportunity to communicate with the Buffalo authorities. Fraler lias had a very ohockored career. He is a graduate of Asbury University, and claims to bo a member of the modlcal profession. In appearance he is tall, well built, wijh shaggy beard and brown eyes.

Ho dresses in 6tyle, and clutched a pair of black kid gloves when arraigned this morning. Tho ohargo on which he Is wanted in Buffalo, is that of stealing $70 from a Mrs. Shtmpton, the proprietress of the St. John's Hotel, in Swan street. On hiB person when arreBted were two Una photographs of Mrs.

Shinipton's daughter, who is a concert singer and who is known aa Florence D. Kellogg. On tho backs of those photographs, In a lady's hand, ia written "VOTRB PETITE AMD3, and attached to this profession of friendship Is Miss Kellogg's signature. Tha police In this city claim that tho photographs were stolen, but Mr. Fraler, in a history of his transactions at Buffalo, told to an Eagle reporter this morning, proves the atatemont to bo untrue.

Frolor, at one time, according to his own story, practiced medicine. He claims to havo lately been omployod by Mr Beasley to sell bonds and carry on financial transactions at Buffalo in hia behalf. Whtlo at Buffalo ha initiated himself Into tho good graces of the propria treBs of tho St. John's Hotel. Ho denies that he com mitted tho theft with which he Is charged.

THE 8PAKBINO BXHIBiTIOH. This evening, Mike Donovan, the middle weight champion of Amerloa, will bo tendered a benefit at Mozart Garden, arid arrangements havo beon made for a flno Bparring exhibition. Some of the boat boxers of tho day havo promised to be in attendance and to assist with the gloves. Profosaor McOlollan, with whom Donovan has fought three hard battles, will again face his old antagonist and a lively mill Is anticipated, as when these men of muscle como together all funny business Is suspended. A fine night's fun is promised for those who like to witness atblotio shows.

The works of Daniel Webster are to be published shortly. Mr. Edwin Whipple will furnish an elaborate introduction to tho volume. MONDAY EYENING. SEPTEMBER 29, 1879.

TELEGRAMS. Distrust in the Sincerity of the Afghanistan Ruler's Protestations. Failure of the Attempted Popular Demonstration Against tho British Govern ment The YcHow Fever Scourge Murder In Bridgeport, Conn. London, September 29. A dispatch to tho Times from Simla sayB "Thore is a very general distrust of of tho Ameer during tho Osbul outbreak but as he has now como to our camp ha has given a material guarantee for his future good behavior.

The gates of Cobnl are closed, apparently with a vague idea that the British aro at hand." The Times, in a leading article this morning, pointa to the fact that Daoud Shah being alive and at tho British oonflrms tho suspicions of the Ameer's insincerity, as he, in a dispatch to tho Indian Government at the time of tho outbreak, stated that Daoud had been killed endeavoring to quiet the rebolB. A dispatch from Simla, published in the 6ccoud edition of the Daily Telegraph says "Many poraous here regard the Ameer's arrival in tho British onmp as an aatute moie on his part to foster the belief that ho is innocent of complicity in the murder of tho British Envoy at Cabul. On tho other hand high offlcinls express confidence in his entiro innocence. Tho advance of the British force continues. Tho Ameer accompanies tho troops.

It is expected that tho column will arrive before Cabul on Wednesday next. Resistance is unlikely. Sir Frederick Roberts has received instructions to issue a manifesto to tho Afghan people that the British army on CaBul to avengo the treachery to tho British Envoy in that city that tho peaceablo inhabitants wUI not be molostcd, but if opposition is offered thoso persons with arms in their hands will bo treated as enemies. Non combatants, women and children, are Odvlsod to withdraw to a place of safety." France. London, September 29.

Spocis! dispatches from Parla report a conversation between M. Qambetta, President of the Chamber of Doputles, and the Spanish ex Minister, Souov Carrajal. M. Gambotta, replying to a question, said ho would not undortako tho direction of affairs except in circumstances of which there was no proBpcct. A Paris dispatch to tho Daily Hews says there will be Legitimist banquets to day (Monday) at Dijon, Marseilles, Perplgnon, Montauban and Chambord in honor of the birthday of Henry, Count do Chambord, the Legitimist pretender.

A dispatch from Paris to tho Daily Telegraph saya tho transport L9 Navain, having 450 Communists on board, has arrived at Brest. Paul Adalbert Rene do TaUoyrand, grand nephew of the celebrited Prince Talleyrand, and Count do Pcri gord, is dead at the age of C8 years. The Question of Dustiness in France. Lo.vdow, September 29. A dispatch from Paris to tho Times says "A committee of the Rouen cotton factory overseers have addressed a letter to the President of tho Tariff Committee, urging him to expedite the committee's labors.

Thoy state that not one quarter of their production finds a market, and tho stock 1b increasing alarmingly. Prices aro bo low that wages have fallen twenty five per cent. Unless there is some change soon tho industry will como to a complete standstill." Germany and the Vatican. London, September 29. Tho Daily Standard's correspondent at Rome says "Recent diBpatches from Monsignor Jacobini respecting his iuterviewB with Prince Bismarck and the promises of tho latter are considered at tho Vatican aB highly satisfactory." Tenant lUpjiit in Ireland.

London, September 29. Tonant right meetings were held at Castlobar, EnniB and Tullow on Sunday, calling for an abatement of rents. Anti overninent mass lUeeUnff a Failure. London, September 29. The mass meeting summoned to assemble on Saturday iu Hydo Park to denounce the incapacity of the Governmeut and to demand an appeal to the country, proved to bo a failure.

Tho attoudanco was moagre, and no prominent leaders were present. The Hop Crop. London, September 29. The several circulars issued by the hop fciotord concur in the statement that this season's crop is tho Bmall OBt since that of 1800. Tho blight is universal throughout Kent, Sussex and Worcestershire.

At Farnhain there are modorato stocks of yearlings and of old hops remaining on tho brewers' bauds, but there are few offering iu the market. A considerable importation from America and the Continent is probable. The continental crops aro good. The Labor Question. London, September 29.

It is oxpoctod that nearly all tho cotton operatives at Wigan who have stood out against a live por cent, reduction of their wages will resume work in a few days. A meotlug of eighty four representatives of the Oldham cotton operatives resolved to ask tho masters to re oonBidor their notice of a flvo per cent, reduction in wages. Boat Kacinff in England. London, Soptember 29, The single scull raco between John Higgins, of 8had well, and It. W.

Boyd, of Middlesboro, for 400, camo off to day over the Thames championship course from Putney aqueduct to the ship at Mortlake, and was easily won by Boyd. Italy. Rome, September 29. Tho Liberia denies that Prince Joronio Napoleon's visit to King Humbert has any political significance. Fire in Maine.

Lf.wibton, Septcinbor 29. A flro on Sunday morning iu Dlxfiold Village, destroyed a saw mill, grist mill and oarding mill, owned by HoBea Austin, W. S. Chase and Henry O. Stanley.

The loss Is estimated at from $7,000 to $8,000, on which there is no insurance. Tho origin of tho flro is unknown. Strike at Fall Hiver. Fall River, September 29. The working splnnera at the Sagamore Mill, having been notified that hereafter they would bo required to pay board, which is equivalent to a reduction of wages, struck iu a body this morning.

Revenue Itt)Cfiiff. Washington, Soptember 29. Tho receipts from internal revenue to day wero JtiGS, and from customs Suicide. Patehson, N. September 29.

On Friday night last Hugh Baptor, of Morristownj aged about 50 years, arrived at Burr'o Hotel, thia city, and during the night waa stricken with what appeared to be insanity. He wbb placed in jail for a medical examination, and last evening ho hung himself to the bar over his coll door. He was discovered by the turnkey at ten o'olook, dead. Noarly $500 of arrears of pension was found in his pockety Probable Murder BniDOEroBT, September 29. On Friday last, Thomas Barnes, a dock hand on tho steamer Vulcan, had an altercation with Edward Hef foron, of tho steamer Bridgeport.

On Sunday, while both boats were lying hore, Barnes wont on board tho Bridgeport, and without a word Btruck Hofforon with a capstan bar across tho back of the head, and twice across tha body. Hofforon has been in a half conscious state until this morning. HiB recovery is considered doubtful. Barnes, who gives his residence as Water street, New York, looked up to await tho result of Heffe rou's injuries. Yellow Fever in Memphis, Mkmphis, September 2910 A.

M. The development of several caeos of yellow fever in tho country adjacent, all of which wore traced to in feotion from Memphis, has caused tho rules and regulations governing the quarantine to bo drawn tighter. Hereafter no one will be pormittod to onter or leave tho city at any hour of the day without a special permit from the Superintendent of the Quarantine. Ono new caao waa reported this morning, Lizzie Cash. Tho weather is clear and warm.

WEATHKB REPORT. BEOOBD OF THE THEBMOMETEB. The following 1b the record of tho thormomotor as kept at the Bboohlyn Daily. Eagle office: 2 A. 54,10 A.

60 4 A. 56 12 66 6 A. SSl 2 P.M 68 8 A. 65: 3 P.M 70 Average temperature to day. Arorage same aato lost year GO PROBABILITIES.

Washington, D. September 29. For tho Middle Atlantic States, cloudy and partly cloudy weather, with possibly occasional rains, southerly winds, nearly stationary temperature and barometer. SHOOK HA.VDS A.VD HADE UP. IiafBcureder and Gilbert Col yer were arraigned to day before JnnHcfl Unci on court, ter charges for assault, caoh declined to prefer a formal complaint against the other.

Officer Adam by whom thoy had been arrested, had not witnessed tho fight, of which ho knew very little, oven from hearsay. Tn faota are said to bo these Coljet wont to get Bomo beer last night at Hersoheureder's saloon, No. 913 Flushing avenue, and was refused. He told the saloon keeper that he would not leave tho place until suppliod with tho beverage he desired, whereupon tho two men guarrelod nd ultimately fought. With the aid of a club Heracheureder drove Colyer out to the street, where tho fight was renewed by Colyer, who had armed himself with a Btone.

About that timo tho oiheer arrived, though not until tho trouble had settled into a general neighborly discussion. In tho absence of a complaint tho magistrate discharged both men from custody. BTKICKEX WITH APOPLEXV. John Short, aged 37 years, an employe in Karp'B drug etoro and residing in Wall street, Now Yorlr was prostrated with an attack of apoplexy in Band's street, on Saturday evening, and was taken to tha Long Ialand College Hospital, where he died last Bifeht Coroner Simms hold an inquest to day and a verdict was returned In accordance with the facts. Decisional by Judfre Pratt.

M. Dowden vs. Ed. Malloy Demurrer overruled, with leave to answer, J. W.

Alsop et at. vs. G. H. Hauskuecht Settled, and order filed.

J. S. Corwln vs. Arietta Corwln Complaint dismissed. John Joseph vs.

J. L. Cooper Plaintiff entitled to redeem, Thoresa Worth vs. Joseph Worth Motion granted. Eugene Uallock vs.

S. 11. Woodhull Judgment for defendant. J. Armstrong vs.

C. Jones Cas settled First National Bank v. J. K. o.

Sherwood Motion denied. A. A. Parker vb. Commercial Bank Judgment for plaintiff.

People ex Kossler vs. Board of Exctso of Flatbush Motion dented aud writ dismissed. A NEW TERM. The School Ifear Seguu at St. Catharine9 Hall.

The Reopening of. the Enlarged Episcopal Institution To day Remarks of Bishop Littlejohn. St. Catharine's Hill, tho Prot )struit Episcopal Dioco3an School, situated on Washington avenuo, near DeKalb, wa3 reopened t'day for the Fall and Winter term, with appropriate exercise, conducted by Bishop Littlejohn. Since last aeanon tho school buildings havo undergone important alteration, and the hall now haa accommodation 9 for the rapidly increasing attendance of pupils.

The improvements are yet incomplete but it Is expected that tho work will bo finished within a few days, when a formal oponing and reception will 1x3 given by tho Sistera of the Community of 8t. John, who havo charge of tho institution. During tho two years of its existence the school had increased in popularity to an extent that rendered nocessary an addition to tho framo structure where the pupils had previously beon Instructed. Accordingly a new building haa been orocted, adjoining tho old ono in tho rear. The extension is of brick, feet, with entrances on tho Washington avenue and Waverly avenue sides, and connections with the old building in front, Tho frame structuro will hereafter bo usod as a parlor for the reception of visitors, and a music room.

Tho now building ia beautifully finished inside with ash and Georgia pine. Tho class rooms and dormitories are spacious, ligut and woll ventilated. On tho first floor aro situated tho sonior and junior class room.i, which aro separated by sliding doors, and can be thrown into one apartment. Tho main room on the second floor Is used for the preparatory department. Adjoining this department are tho laboratory and art rooms, which aro well adapted to their purposes, aud aro to be fitted up with all the noceRsariea and conveniences.

In tho third story are located tho dormitories. ICach pupil has an alcove, and at the end of the dormitory aro tho teachers' rooms. Tho dining room, located in tho basement, is a commodious aud airy apartment. It adjolus a largo kitchen fitted up with modern cooking apparatus and other conveniences. Even in ltd uuiiulrihod utat'j tho building is a model of neatneas and comfort.

It Is surrounded by nhado treo3 und a woll kept lawn, and tho oxtensivo gardens Id tho vicinity, atford the young ladies the benefit of plenty of pure air, aud tmch agrt able surroundings an aro found iu few cities. Many visitors called at thu Hall to day and expressed their satisfaction with tho arrangement of tho richool rooms and the appearance of thu scholars. THE Ol'KN'ING EXEKOLSES. The exercises began at half past eleven o'clock. Thfcy wore hold in tho class rooms on tho lirdt floor.

Ou tbo platform were seated Bishop Link John, the Rov. Wm. A. Leonard, rector of the Church of tho Kedt pmor; He v. H.

II. L. Tighti, rector of Grace Churrh Chapel, and Rov. I). V.

M. Johnson, D. rector of St. Mary's Church. Thero was a large attendance of the relatives of tho pupils, composed almost entirely of ladies Tho exerciser opened with a hymn sung by tha scholar.

Dr. Johnson read the morning prayer. After prayers Uishop Littlejohn read an appropriate Scriptural se'tv tlou, and the pupils then recited the Apostles' Creed, tho Ton Commandments aud the Lord' IVayer. HKMAIiKH OF HIHIIOP LITTLE JOHN, RIshop Littlejohn made a brief address. ISriuf as tho service?) have beon this morning, ho said, they are admirably calculated this being St.

Michael's Day to inaugurate tho work to bo done hero during the year. It is appropriato that tho finit formal act within thoso should be a religious, a Christian, a churehly act. Should any one inquiro upon what foundation wo propose to build wo should lo exceedingly glad to refer them to the sorvices we havo had here. They are tDu Lord's Prayer, tha Ten Commandments aud tho Apostles' Creed. Tho first tho keynote and basis of all wurship offered to tho Triune God and so accepted by Christians throughout tho world tho second, the Ten Commandments, tho two tables of tho law, embodying tho duties wo owe God and to our fellowmen; and the third tbo ApostleH' creed, containing the substance of what wo all must believe who expect our bouI'b salvation.

Therefore, on this triple foundation of creed, commandment aud prayer, of worship, duty and faith, wo propose to build, and wo moan to strive to leave behind us a work that thoso who como aftor us will take pride in continuing down to future gouoratlons. This to day la an isolated work, but it la a representative work. It is the advance guard of that moral force in tho matter of education that Is to follow on in God'n good timo. I think all will agreo that the foundation I havo outlined ia sufficiently comprohonslre to meet all requirements. It ia a distinctive work, but whtlo it is distinctive it Is such as will meet with the approval of those who aro unwilling to depart from tho great scheme of popular education.

With less than I havo indicated it is impossible to carry on a Hystom of education that will meet with tha blessing of Almighty God. More than that wo do not pro poso to venturo. With regard to religious duties, tbo sorvico of to day requires what is proponed to be dono. Thore is no person who calls himself herself a Christian Who will not most readily and joyfully indorse what I have said In this connection. It ts a matter of congratulation that this edifice Is bo far advanced toward completion.

When It was seen a wock ago that it would be impossible to finish tho ontire structuro, attontlon was directed to th jso two rooms. Thore havo been fires in tho furnaces one week, so wo consider them absolutely safe and dry. As to tho curriculum of study, tho purely academic work to bo pursued hero, enough has beon aaid on previous occasions to render it unneccAsary for mo to tako up the subject in detail, but I desire to say A WORD OF EXHORTATION to the members of tho school. It should be remembered that whatever may bo tho conveniences for study, whatever tho comforts under which the studies are pursued, however Bpaclous the building, and howover attentive tho tcacherj, thero is a certain part of the work that can only bo dono by those who are taught and so far as the future reputation of tho work is concerned a great deal doponds upon tho extent that you shall exhibit the cardinal virtues of overy well balanced and sound Christian character. I chargo you to conscientiously endeavor to do your very best.

If wo can bo assured of that, every pains will taken to mako the work as effective from an academic point of view as any In tho city. Invoking tho blessing of the Father, Bon and Holy Ghost upon you, I commend you to your work, hoping that the results will not only bring joy to tho hearts of your Instructors, the of tho diocese, the hearta of your parents and guardians, and my heart, but also to your own hearts. Tho remarks of the Bishop were hoard with careful attention. Upon tho conclusion of hit address a hymn was sung and tho assemblage waa dismissed with tho benediction. A Sad Story.

Mary's beau was proposing for her hand. She wa agitated. The chair where she sat crave way be noath hor. She fell And broke hor arm. Sho lost a year's timo by do lay, becauso hor fathor hod not bought hb furniture of A.

PEauson. 0t and Myrtlo avenue. The International Walking The black walnut furniture, consisting of chamber suite, spring and hair mattreases, which were loaned by the BnooSLYN ITURKITURE will bo sold on Wednesday, October 1. at 10 o'clock A. at tho auction store 0 COLS Mubphy.

No. 37u Fulton at reading Carpet House In Brooklyn. William Bebbi's Sons, No. 5JG Fulton street. Fall FasHlons for Gentlemen Silk and Stiff Felt Hats now ready.

Balcii, Puice 4 'JTu Fulton Bt. What 20 Cent nil! Do: By purchasing a bottle of the Brooklyn FtTRNiTUBE "Furniture Polish." which is for salo by ail grocers, you can havo your furniUiro polished eo.ua! to new. IlAKIXi POWDKIC. OYAIi BAKING POWDEU. BRB OOO BAKING POWDKR It BAKIN'O PUWDEB.

it 000 ABSOLUTELY PURK. Don't bfl decelTod by tho Kroner, who may tell you. forts purixjso of making a laritur proBt. that nomo other braa jnn as good as tta Royal Bakimq Powdeh. Alum baking powders can bo Bold at almost snj price, aal the temptation to sail cheap poisonous powders In place of the Kovax ia ver7 great.

But it is an to tUe intelligence of any housewife wh haa used the Royal to attempt tcconrinco her that some other brand ia half aa good. Tha boaltli of the family ia ot more importance to her than tho fen pennies more paidf a can of Royal Baktsq Pov dkb. GENTS FURRtlKHING (iOBBS, w. E. BENNETT, SlUHT MAKERS AMD MKN'3 FURNISHERS S3G FULTON 8TRF.ET.

BROOKLYN. A.THJSEJIEXXS. PHILiUARMONIC SOCIETY OF BROOKLYN. TWENTY HECOND SEASON. 1H7H H0.

THEODORE THOMAS. Conductor. Subscription iicketa for the aeaaon of six concerts and six rehearsals now ready at the office of the society, F. H. CHANDLER'S, 172 Montague st.

Date of auction sale of roserred will be dnly an Dounced. First Rehearaal MONDAY AFTERNOON, NoTember 17. Birat Concert TUESDAY EVENING, Noremc er IP. Subscription tiokeU for six concerto and six rehearsals, "ubjcripttoo ticketa for six concerts only, $5, Subscription tickets for six reheaisaisonly.S. COMMONWEALTH DISTRIBUTION COMPANY DRAW8 TUESDAY, CAPITAL PRIZE.

WHOLB TICKETS, 8. HALVES, 81. KENTUCKY STATE LOTTERY DRAWS TUESDAY. SEPTEMBER 30. CAPITAL PRIZE WHOLE TICKETS.

ONE DOLLAR. LOUISIANA STATE LOTTKBY DRAWS TUESDAY. OOTOBBB CAPITAL PRHta WHOLE TICKETS 8J. HALVES JACKSON 4 BANKRRK GENERAL, AOKNTS, B2 NAB3A.fr ST, SKAli FULTON. N.V OUISIANA STATE LOTTERY COM.

JJ PANY ll3th Monthly Grand Distnoation. New Orleans, October I.S437 unaes. total cao Itals 3V SIO.OOQ, g.l.COJ. etc lao.xu ticketa. two tf2) balrea, one (8 dollar.

Apply to M. A. DAUPHIN, P. Boi 6SW. Now Orleans.

or same person at 319 Broadway, New York. The partlcnlar attention of tha Publio is called to the fact thaV the mt Irs somber of the Ticketa for each Montnly Drawing la sold, and consequently all ths prixea In each drawing are sold and drawn and paid. Thu ia not lb CC44 with any othot company, A I I Ij 0 VT A A I AAA LXXi NICHOLS. Decision of the Extraordinary General Term. The Special Term at Chambers Prohibited from Proceeding Any Further in the Case of the Police Commissioner The Argument Over the Jfciv York Inspectors of Election.

The General Term room of the Supreme Court, New York, was crowded this, morning with lawyers and others interested in hearing tho decision of tho extraordinary session of tho General Torm called especially to deeido tho wholo Polico Commissioners' muddle. On tho opening of tho court Mr. Stetson, of the Corporation Counsel's ofhco, arose and asked that the hearing on tho order issued by Judgo Westbrook for the Polico Commissioners to ehow cause before tho General Term why a mandamus should not issue compol lidg them to appoint Inspectors of Election forthwith, bo adjourned until ono o'clock, as tho affidavits In the case were not yet ready and Judgo Emott was out of town. Mr. David Dudley Field opposed tho motion and said that thoy were now ready to orguo the quostion.

If, however, tho adjournment was granted, ho would wish tho Court to make au order restraining tho Police Commissioners from any action in tho matter until after the argument. Tho Court refused to mako any such ordor and adjourned tho hearing until twelve o'clock. Judge Noah Davis thou hauded down tho DECKION OF THE GENERAL TERM, on tho order to show causa why a writ of prohibition should not be issued restraining tho Special Term sitting in Chambers from taking any action in tho caBO of Police Commissioner Nichols. Tho decision in substance is that it is the duty of tho Court to make an order of prohibition restraining tho Special Term ut Chambers from proceeding any further with the case of Mr. Nichols.

The opinion was written by Judgo Brady, and states in substance that it arrears from the papers submitted that Mr. Nichols feeling himself aggrioved by the official actiou of the relator (the Mayor), applied for and obtained common law writ of certiorari, tho object of which was to secure a roviow of such official aetion and a judicial determination of ita propriety and justice. It is nut the intention of this Court at this time to express any view in regard to that certiorari or tho proceedings thereunder except bo far as may bo necessary for the determination of tho application for tho writ of prohibition. Tho common law writ of certiorari for for which application niiiBt be mado to the Court, and not to judge at chambers, is NOT A WRIT OF HIGHT, but rests iu the sound discretion of the court, aud when granted, it seems, must regularly bo mado roturnablo at the General Term of the district in which tho proceedings sought to be roviowed aro had. When tho return is filed and the proceedings are in a condition to be heard a hearing may be secured by oither party at the Special Term, except iu caBea in which they aro by law required to be heard at tho General Term and in canes of certiorari to Courts of SoHious and Oyor aud Terminer, and the proceedings may bo placed on tho preferred calendar of the Special Term.

The rulo of tho Supremo Court on the subject existing iu 1817 provided for tho hearing at Special Term of cases of certiorari to remove interlocutory proceedings of subordinate courts, and which, if placed on tho calendar of the General Term, were entitled to a preference on the morning of any day during the first week of' the term. This rule was chuuged by tho convention of Judges in Albany in 1838, and tho following adopted: "Every caseol certiorari to subordinate courts, tribunals or magistrates may be brought to a hearing by either party upon tho usual notice of argument, and shall be entitled to preference on the morning of any day during the first week of the term." The parties were, therefore, DEPRIVED BY THIS RULE OF THE RIGHT to a hearing at Special Term, whether tho caso related to interlocutory proceedings or not. Tho Judges, however, iu 1871, changed thia rulo and allowed olthor party a hearing upou the usual uotico at Special Term, except in tho casoB already mentioned. Tho rulos established by tho Convention of Judges have tho forco and effect of statutes, and caunot bo properly departed from. Tho reapondcDt in a proceoding by certiorari is, therefore, undor tho statute entitled to tho usual notice of argument not notioe of the argument of a motion but the usual notice of argumont that tho cause will be brought to a hearing, which is designed to be a deliberate settlement of all tho questions prescribed.

Tho code confers no authority to shorten this time. Assuming that all tho proceedings boforo tho Special Term were regular down to tho time when tho order to Buowcauso why Mr. Nichols should not have judgment upon the return was granted, it is quite clear that the respondent in that prooceedlng (tho relator here) was entitled to the usual notice of any hearing to bo had at Special Term. If was a light secured by a rulo of thia court, having all tho vigor and force of a statute. The order to show cause, therefore, issued 16th September, the day after tho return was tiled, having been mado returnablo in loss than tho usual timo for notice of argument, was unauthorized, aud the exercise of any power under it should bo prohibited.

Even if tho usual notice of argument had been given, the Special Term, at Chambers, was not the proper tribunal in which a hearing could havo lawfully been had. After a full review of all tho proceedings in the caso, tho Judge concludes that the right and duty of this court to interfere iu such cases, by writ of prohibition, is fully established, and ho quotes at length from tho books in support of his decision. Tho opiuion winds up by ordering that a writ of prohibition be granted and entered restraining tho Special Term at Chambers from taking any further action in the case of Mr. Nichols. The Inspectors of Election.

The General Term met again at noon and took up the hearing of the ordor to Bhow cause why tho Police Commissioners should not appoint Inspectors of Election forthwith. The order was procured at the in stanco of Tammany Hall and Messrs. David Dudley Field, E. W. Stoughton.

Dudley Field and E. It. Bacon appeared on behalf of Tommauy Hall, and ox Judge Emott, Mr. Bangs, Mr. Stetson and Mr.

Whitney appeared for tho Police Board. Tho tltlo of tho suit is It. A. Van Wyck and othora against the Police Mr. Dudley Field spoke and read tho affidavits on which tho order was granted.

Mr. Stetson then rood tha affidavit of Commissioner McLean in reply. It sots forth that ho and Mr. Garrison aro of different political faith aud opinions from Commissioners Fronch and Wheeler and that he and Mr. Morrison aro of tho same political faith of the nomocracy of thB State, and that they are oi the faith promulgated by tho Syracuse Convention, and in full sympathy with all the candidates nominated by that convention.

It stated that thoy belonged to the regular Democratic party, and that tho Tammany Hall party was not ana is not now tho regular domooraoy of New York, having bolted from the last State Convention and refused to abide by its decisions or support its candidates, but Bet up aa a candidate for Governor John Kelly. It sets forth that himself and Mr. Morrison are now and have boon willing to vote for the appointment of two Democratic (Irving Hall) inspectors, that boing the party in this city in full sympathy with the State Democracy on State issues. An affidavit of Soth C. Hadley was also read setting forth tho proceedings had by tho Polico Board in their efforts to appoint Inspectors of Election.

The affidavit was very longthy, embodying ex Judge Emott's opinion, as published sovoral weoks ago, denning tho laws relating to tha appointing powers of tho Polico Board in tho matter of Inspectors of Election. An affidavit of John O. Jacobs was then read and set forth that he presided at tho Syracuse Convention then the order of business of the convention was given and stated that the 6ovonty two Tammany Hall delegates withdrew from the convention whon tho nomination for Governor camo up. Tho affidavit also contained all tho resolutions and proceedings of the convention after tho withdrawal of tho Tammany Hall delegates, and also tho proceedings of tho convention which nominated John Kelly for Governor. The affidavit of Daniel B.

Haawell waa next read by counsel. Mr. Stoughton then arose, and said the questions involved woro difficult and complicated for the court to deal with. Happily, tho judges on tho bench were free from political bias and prejudice. Without inspectors of election thero can bo no election in tha City and County of Now York.

Ho thought the Corporation Counsel should havo answered the questions asked of him by the Polico Commissioners briefly, and need not have elaborated on them. Mr. Stoughton hold that the Police Board was bound under the law to appoint tho Inspectors of election whoea names were sent in by the Republican party. The law waa VEBY PLAIN ON THIS HEAD. If this writ is not issued tho probabilities are, judgiug by tho previous action of thiB Board, that no inspectors will be appointed and no election would take place, and tho city might be disfranchised.

He would not personally mourn at the absence of an eleotion in tha City of New York but as a citizen he would mourn it as a calamity. His political views wero such, however, that he would not care if there wero no election in New York. If the Police Board is not at once commanded to perform its duty and appoint inspectors it will bo too late. A failure of the Board to appoint will disfranchise the city and county. Here counsel read at length from the laws governing the appointment of iUBpectorB of election.

In 1868, wo all know that by fraud and conspiracy, some 26,000 votes were added to the rightful vote of this city by two men one gone from us, but the other yet with us. It was these very frauds that led to the formation of tho statute which protects tho political minority in thif city. The statute does not refer to tho State, and is entirely local in its character, and refers solely to the City and County of New York. Ho never dreamed that ho would live long enough to hear TAMMANY HAM. CALLED TJNDEMOOBATIO.

Its political faith has not been doubted except by a Tllden Democrat. It remains for those muBhroom organizations to start up, with a resolution flouted from boiuo tavern or other, and say to Tammany Hail, "We not only overshadow you but we rulo you and havo you under our feet." Such absurdity is too ridiculous for belief. Tho Police Board cannot select or appoint inspectors of olection after tho month of September. Tho statute only gives it after Septomber the power to fill vacancies. Ho supposed that all this court could do was to indicate to the Police Board what was tho political majority on State iasuesfrom which tho inspector of elections should bo selected.

The Governor, ho contended, and such a governor, was not a State issue he supposed it was porfectly lawfid to soratoh a governor. Tho platform of tho Stato Democracy has been adopted by Tammany Hall. THE AUTUMN AT BBK1HTOS. To many people this is tho ploasantest season of the year at tho seaside, and tho publlo will be gratified to learn that the Hotel Brighton, Brighton Beach, is to remain open until October 15. Trains on tho Brooklyn, Flatbush Conoy Island Bailway will bo run hourly in the mornings and evenings and half hourly in tho afternoons.

Afternoon coucorts aro to bo given on Saturdays and Sundays. ALLEGED HIGHWAY ROBBERY. Arrest of One of the Supposed Perpetrators, Henry Harper was so drunk on Saturday night that it was with much difficulty that ho navigated his way to his resldenco, No. 57 Woodhull street. While sitting on tho sidewalk in Columbia Btroet, taking his bearings, threo young follows came up and voluuteored to act tho part of Good Samaritans in assisting him homo, and he accepted their proffered help.

When ho was within a few yards of hia own door they throw him down and wont through his pockets, stealing $22 iu bills and a small amount of Bllver. Tho robbery had tho of fect of sobering bim somewhat, and ha staggered to tho Butler street Station and reported tho occurrence. From a description of tho highwaymen Detective Ma honey, at an early hour thia morning, arrested Thomas Tandy, aged 20, of No. 49 Church street, who baa been positively identified aa ono of tho thieves. Captain Leavey expects to havo tho other two in custody before night.

UBS. ELLIOTT HECOVEHS CONSCIOUSNESS. The friouds of Mrs. Jane Elliott, the surviving victim of the lato carriage accident on Broadway, will bo gratified, doubtless, to loarn that that lady has regained consciousness to a slight extent. Her condition still being precarious, she has not been madeawaro of the facts regarding her husband's death.

That he also was injured, Bho knows, and her anxious inquiries concerning him are satisfied in part, at least, with the reply that she must not agitate herself and need have no apprehension on tho subject. Whether Mrs. Elliott will ultimately recover is a matter upou which serious doubts are entertained as yet. The uuoral of Mr. Elliott will tako placo to niorrow morning.

To day the body was removed from tho family residence in South Eighth street, in Buch a quiet manner that Mrs. Elliott was not cognizant of any unusual noiao or occurrence taking place. This ovening a funeral service will bo held at tho Leo avenue BaptiBt Church, conducted by tho Rev. J. Hyatt Smith.

AN UNNATl'ltAL MOTHER. Coronor Simms, ou Saturday, concluded the inquest in tho case of Mary White, who killed her infant child at Bath, Long Island, under tho circumstances reported iu the Eaole. Dr. A. W.

Shepard, who made tho pout mortem, testified that ho found an apron drawn tightly over tho back part of tho head with a string wound twico around tho neck and head in a double knot and in addition there were two strong calico cords wound twice arouud the child's nock aud tied firmly. A verdict was rendered finding the mother guilty of strangulation. ABANDONED HIS FAMILY. Martin Gusta, of Foster's Meadow, was arraigned Before Justice Botts, in Jamaica, this morning, charged with having abandoned his wife and four children two years ago. Tho evidonco showed that Mrs.

Gusta had supportod herself and her children up to within a few months, since which timo tho neighbors have cared for her, as sho is brokon down in health. Gusta bos beon living with another woman, with tho knowledge of hor husband, and contributing to his support. He was eont to jail. EXPLOSION OF AN Oil. STILL.

One of tho stills in the Kings County Oil Works, on Newtown Creok, ot the foot of Meserolo avenuo, oxploded last night while being charged. Tho damage resulting Is sold not to exceed $25 in amount. The workmon wore more fortunato than on a previous occasion whon a man wa3 fatally by a similar accident, not ono of them having been injured this timo GAMBLING IN A VACANT LOT. Yesterday afternoon Officer Bedell, of tho Twelfth Precinct, noticed a number of men gambling in a vacant lot, in tho vicinity of Stuyvesant avonue. Ho succeeded iu arresting tho man who was dealing the cards.

Thia morning the prisonor told Justice Somler that his namo was Thomas Connelly, aud that ho lived in Herkimer street. Ho was aont to Jail for ten days. THE COUNTY CLERK'S COPYING BILL. Supervisor Moran, President pro tern, of tho Board of Supervisors, this morning appointed Supervisors McDonald, Byrne, Ladloy, Van Cott and Russell as tho oommitteo to inquire into tho amount of money to be yot expended in copying the old records in the County Clerk's office. A GREENBACK NOMINATION.

On Saturday the Greenback party of Queens and Suffolk counties mat in convention at Mlneola, and nominated Charles R. Streot, of Huntington, for Stato Senator. SNEAK THIEF CAUGHT. George Knapp, aged 19 years, who says he has no home, waa found concealed In the apartments of H. D.

McGovern, No. 288 Fulton Btreet, on Saturday evening, and handed over to tho polico. MONEY MARKET. Wani. Stbekl, Soptember 293 P.

M. Among the sales between calls and at the socond board wore Erie, 2d, cousol, TaSO Kansas Paolflo, land grant, income, 13a43)i; St. Pauls and Minneapolis, 1st, C. C. and I.

1st, Trustee certificates, International, 2nd, certificates, 24 Central New Jersey, convertible, assented, 101Jal01 ditto, consol, assonted, lOlalOlX; Alton Terra Haute, inc. 68a60; Keokuk Des Moines, 1st, Central Now Jersey adjustmont, 103Xal04 Missouri, Kansas and Texas 1st, ditto 2nd, St. Louis and Iron Mountain lBt, 112; Erie funding 78Xa78 American Dock bonda, 05 Lake Erie and Western income, 57 Lehigh and Wilkesbarro assented, 82. Erie 1st oonsoi, 113113 V. 8 5's, 103H Canad3 Southern 1st, 87a87 U.

8. i's coupon, 105'i Central New Jersey 1st, Chicago, Burlington and Quincy 8's, 120 St. Pauls I. and SI. division, HOtf ditto C.

and M. division, 112 Northwest consol, 118 Del. Lack, and Western 7'a, 113 Lafayette, Bloomlng ton and Munolo income, The Chicago market for October delivery Is shown by the following to R. H. Parks Sept.

27. Sept. 20. Closing. Opening.

Wheat fr.OVi Corn 0.3iit 0.371$ OaU 0.26)4 0.20Jk fifd 6.12K 6.12)4 Sept. 20. Noon. O.ar.sJ 0.2tlii 0.70 6.02 The speculation in wheat at tho weBt was very activa to day, as ia Bhown by tho abovo, and, though there has been a reaction, much higher pricoB are looked for. Wheat for November delivery is and $1.15 is ex peoted for it.

Tha London market for Erie waa fully aa active as it waa here, and tho price mounted upward to 35 at tho close, against 32Ji at tho opening. The preferred stock and tho bonds aro also advancing there. Government bonda woro very strong to day, being Influenced by tho bond settlements last week and by the fact that about $8,000,000 interest will bo paid by tha Treasury after Wednesday, much of which will be re Invested in United States bonds. Tho stock market wa irregular this afternoon. Erie common and preferred.

Lake Shore, Michigan Central, Union Pacific, tha Gould specialties, tho Grangers, Ohio and the Hannibal and St. Joseph's advanced, whtlo tho coal shares, Iron Mountain and Missouri, Kansas and Texas wero feverish and generally lower. Toward tho close of the eeoond call the coal shares advanced and the tone of tho wholo list was strong notwithstanding occasional reactions from realizing sales. 1 P.ll The stock market waa Irregular at the close. Tho following table shows the sales at tha stock mar ket for this, day: HSP.

M. Closine, 3 P. M. 4374 119 33 83 94 02 82K BflS Opening Highest. Lowest.

Wabash Central and Hudson. Brie Union Pacltto Lake Shore Mnrrin and RgseX 43 111) 32 82U Bag oa 82 99 141 08S 101 mt 60 23 04 27 it BOH 32 82J 832 Lack as wosvn on Northwestern 88J4 Rook island 141 UO'i 101 24 V( OtH 27 57 35 U1J St Paul. Rf Pnnl 101 Ohio and ISM Wi NewJemar OontrsJ. 61 61H tlannical St. 23 25 Western Union 05.

Pacific Mail XT 27 Mionuran Oontral BO Dolawam A ou; 37 A A P. Telograoa HUnolaCantral Bl? 01K Bid. The following table shows tha bid quotations for eminent bonds at tho respective calls: Firs mil. Gov Lest call. 105! 105 a 103 103 103 105 101 102H 13112 TJ.

8. 6s, IBM, registered U. S. 6s, 18St, 8. 5s, 1881, registered V.

S. 5s. J881. oouoon 8. 4s of 1891.

registered ia 105l' 103 103 105 105 v. fl 4'H Of IB07. OOUDOn 02, "1 1879. Ilncr'se. I Decrease.

"$450,491 427,006 0.400 Total, $4,111,711 $1,607,411 Not decrease $1,508,311 The dooroaso in banks is partly owing to reduction of capital the small amount to insurance companies is because they evado taxation by investing largely in Government bonds the docreaso in railroad companies is because of tho assessors this year assessing for tho first timo aa real eBtate tho railroad tracks tho assessments of real estate are increased by this Item $1,100, 780 deduct therefrom deorooao on personal proporty, $427,000, and tho increased amount on railroads Is found to be Tho decrease In gas companies Is owing to tho depreciation in tho voluo of gas Btocks, and tho decrease in ferry companies on capital ia owing to inoreased deductions for investments in real estate. PROPOSALS FOR CITY BONDS. Proposals for tho following bonds wore received at tho Department of Finance to day $250,000 Tax Certificates, maturing September 2, 1882, Registered. $500,000 Assessment or Sewerage Fund Bonds, maturing three years from dato of purchase. Registered.

$250,000 Brooklyn City Bonds, for tho completion of tho Now York and Brooklyn Bridge, maturing July 1918. Coupon or registered. All bearing flvo por cent, interest. Tho proposals received aggregated $3,400,000, and thoy ranged from par to $1.04. ROBERT BLACK FOR MAYOR.

Tho friends of Alderman Robert Black, of the Fourth Ward, are hard at work with tho viow of bringing about his nomination for Mayor by tho Democratic City Convention. A largo transparency bearing his name has boon placed on the front of No. 3G5 Fulton streot, opposite tho City Hall. Friday night, at a mooting of tho Young Men's Dempcratic Club, of the Second Ward, resolutions were passod recommending his nomination for Mayor, and also the nomination of Supervisor John T. Moran for County Clerk.

Tho Syracuso tickot was indorsed. Tho officers of tho club aro Win. O'Malloy, President Daniol J. Wren, First Vice Prosidont Washington narrigan, Second VIco President Johu Adams, Third Vico President Patrick Higgins, Recording Secretary Peter O'Koefo, Corresponding Secretary John Turner, Financial Secretary Edward Gilligan, Treasurer William Harrigan, Sergeant at Arms. REGISTRATION.

The registration of votes will begin in Brooklyn tomorrow, tho hours being from 7 to 10 A. M. and from 3 to 10 P. M. Tho places for registering aro advertised elsewhere.

ARREARS OF TAXES. Registrar of Arrears O'Koeffe reports having collected tho following amounts for arrears of taxes, during tho weok ending September 27, 1879 Tos 922'2fS Water rntos Pi Assessments V1' RadeinDtionB Leases Total A FIELD DAY. Autumn irianucvrc of the Fifth Brigade at Prospect Parli The Thirteenth and Fourteenth ItcB iinentN, Fifteenth Hat talion, Separate Troop and Battery Hevicwcd by the Brigade Commander. Tho Autumn manuevres ot the Fifth Brigade, H. G.

S. N. woro hold to day on tho Parade Ground, at Prospect Park. The brigado was represented by the Thirteenth and Fourteenth Regiments, tho Fifteenth Battalion, Separate Troop and Battery of Williamsburgh. The troops made their appear anoo on the field about nine o'clock this morning, tho Thirteenth Regiment boing tho first command to get into position.

Brigadier Gonorai Jourdan, with his full Btaff, waa present, and witnessed the maneuvers of the men. General Jourdan'a staff comprised Colonel Richards, Major Culyer, Major Story, Major Keeps, Major Jewett, Captain Boynton, Captain Overton, and Lioutonant Roster, junior aide. THE DIFFERENT COMMANDS wore organized as follows Thirteenth Regiment, commanded by Colonel Austen, with Lieutenant Colonol Beadle, and Major ChriBtiancy, turned out 10 commands, of 32 files each, mustering all told 350 officers and men. "Fourteenth Regiment, commanded by Colonel Mc Leer, 83 files, 200 officers and men In all. Fifteenth Battalion, commanded by Colonel Meyen borg, turned out 60 files, 150 ofilcors and mon all told.

Separate Troop under command of Captain Honry A. Mohrmann, mustering sixty four riles and numbering 150 officers and men in all. Battery commanded by Major Timmcs, numbering four guns and seventy five men. The troopa wero DRAWN TTP INTO LINE shortly after 9 o'clock, and tho respective commands wore then drilled by their officers. Tho first hour was occupied with skirmish drill by company, after which skirmish drill by troop and battaliou followed.

Tho different commands woro deployed over the field and then tho various maneuvers of advance, firing, retreat and resuming position were executed. The soldier boys looked well In their bright uniforms, and both officers and mon wero promptly at their posts as tho different orders wore issued. General Jourdan, with hlB mounted staff, rode over tho field and compared the excellences of tho different commands. Tho drilling continued until 1 o'clock, when the men were dlamlesed for dinner. At half past two o'olock tha assembly sounded and tho troops fell into ranka.

aftor whioh the brigade was passed in review by Gonorai Jourdan. THE WORK OF THIEVES. During tho absence of Captain Nolson and his crow from tho bark GronBwer, lying at the dock foot of Twenty fourth streot, yestorday afternoon, a sneak thief entered tho cabin and stole several articles of jewelry, valued at $35. The butcher's shop of Henry Grolf, No. 6SI Franklin avenue, was burglariously ontorod about 11 o'olock last night, by forcing the rear ball door, and a basket of oysters and an oyster knife wero stolon.

Shortly afterward Officers Fearce and Stockholm, of the Twelfth Preoinot, saw three young men eating tho oysters in a vacant lot, near the place, and attempted to arrest them, but the trio took to flight and made their escapo. Clothing valued at $28 was stolen yesterday from tho hallway of Mr. J. Boughan's residence, No. 41 Nostrand avenue.

BEV. DH. LOBD'8 LECTUBE. Yesterday afternoon, at the Amity street Church, an able lecture waa delivered by tho Rev. Dr.

Lord, in which ho sot forth tho aims and work of the Brooklyn Lay College and Biblical Institute. This Institution opens October 7, and It is hoped that it wilt have a year of enlarged prosperity. Rev. Dr. Ingersoll is President, and among the professors are Rev.

Dr. Lord, Rev. Dr. Van Dyke, Eov. Dr.

Hoyt, Bov. Dr. Davidson, Rev. Frank Rogers Morso and Bov. W.

H. Bowdlsh. Tho college has a large Board of Trustees, having for its President John F. Henry, and ita Secretary, William Peck Smith, Esq. There will be a meeting at the above church next Sunday afternoon in the Interest of tho institution, which will be addressed by several prominent clergymen.

This will be prepara tory to the opening of the college year. A CHARGE TO BE EXPLAINED. August Klimmer died to day at his home, No. 352 Bushwiok avenuo, from, injuries sustained last Friday while at work in the stove factory of BrookB WadBworth, at No. 211 Water street, New York.

The young man who gave this notification to the police, made inquiry at the aamo time whether It was a proper thing for an ambulance surgeon to demand money for the removal of an injured man from a hospital to his placo of residence. Upon being asked for an explanation, the man stated that ten dollars had been paid by Mrs. Klimmer by reason of a threat, for the transfer of bor husband from the Chambers street Hospital to his house. If she had not paid the money, eho said, she was told hor husband would be returned to the hospital, To a reasonable charge for the injured man's conveyance, it was stated, sho would have mado no objection. Mrs.

Klimmer has beon referred to tho Now York authorities. SENT TO ST. JOHN'S HOME. William Cleary, a boy eleven years of age, was Bout to 8t. John's Home this morning, by Justice Sherlock, at tho request of his aunt, a resident of East Now York, who said alio found it lmposatblo to Seep him out of bad company..