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

MILITARY MERRIMENT. PROFESSOR BATOIT. DEAD WOOD INMAN PIER. LONG LOVE. MUNICIPAL.

4 O'CLOCK EDfflOI be that in making tha change It will be thought tbat radical change all around Ib necessary. Hence it may be'tbBt the architeeta will be displaced for another one. This will be a grave error, just as tbe building is near completion. Tbe knowledge of these men who have been connected with the paat of the building la now too valuable to be lost, and tbe single commissioner, wbosver be may be, will commit a grave error If be dispenses with their services, What Is wanted is definite and complete plans from them to execute, and tbe oiugla commissioner will find bla chief duty In holding all work to the strict linos of these plaus aud preventing any experimental excursions. As originally planned a tower of enormous height was to be the crowning feature.

Since the later plans of a series of ornamental roofs have taken form and are vlowed from a distance, great doubts aro entor talned as to whether the tower will after all be an addition. That it will not, is an opinion rapidly growing in every mind save the Albany mind, which sees In it an oxpoudituro of two or three additional millions. It is purely a question of ornamentation, not of utility. One thing is quite certain. If not built It will not be mleeed pnd nothing about the building will suffer thereby.

Henco the building can bo completed and POLICKMES: Not Entitled to Recover for Reduced Pay Juilffe Decmion in Favor of tho City Over $300,000 Involved. John Sbanloy sued the oity to recover $100 a year from 1879, balance of pay as a policeman, bis salary having been reduced ia October, 1878, by tha Common Counoil, pursuant 'to as aoi of tha Legislature. The case was a test case, many hundred policemen baring a BimUar claim. The olty demurred to tho eomplaint an It was argaed before udge Cullen. This aftornoon he decidod in favor of the city with this OPINION Oum.bn, It is conceded that (he office of tho plalutln Is within the eoveral provisions of the act of June 16, 18G7.

But It Is claimod that the plaintiff personally Ib exsmpted from such, provisions by vlrtn of Soctlon ol the act, ho having been appointed to office prior to the passage of tbe act. That section rends: "Tho proviionn of this act shall not apply to any officers who, under the provisions of tho constitution, oannot havo their fees, pereentages or allowances Inorossod or diminished during their present terms of office but aald provisions shall apply to all those hereafter elected or apnolnled to perform any son loo within tho City Brooklyn.1' Now, tho plaintiff woa not an oflloor who.ie salary under tba constitution CQiild not be inorcased or diminished during bis term of office. The mont that can be claimed Ib that his salary dnrlng such term could not bo Increased or diminished by a private or local act of tho Legislature. His caso, therefore. It seems to me, cannot fall within tbe exception of section 6 of the act cited, unless tbe general provisions of the act, considered apart from section 0, would be as to bun unconditional and Invalid, It was said that there wero no oflicers.

affected by the Act of 1877, who bad absolute constitutional protection In their salaries. This may be so. Still it would not authorize a construction extonding tho provisions of Soctlon beyond itn terms, I think the tuteutlon of the Legislature was to give to the Common Council the fullest power ovor the salaries of the municipal officers and employes, both in ofllco and to conio Into offlco, unrestrietod oxcopt by apy constitutional llmita'lon. Thero fore tho question of statutory construotion and that of constitutionality are Identical, I think tho caso of Mutliorland ve. the Mayor, cited by plaintiff, not In point.

The act thora uudor discussion was held to apply only to oflicera subsequently elected. But, aa by Section 0 of the act under roviow, certain cflicore then In ofllce wero assumed to bo oxcepted from the provlslona of the oct, it follows that, as to other than Incumbents cf office, tho must bo held appllcnblo. Tho constitutional limitation is that tho Legislature Bhall not pass a private or looal bill 'creating, increasing or decreasing fees, percentages or allowancos of public officers." This rostrlotion Is aimed not ogaiuat the increase or ditnlnnition of the salarteB of publio officers during their terms, but against speolal legislative intervention for that puroposo. Now, the aot in question doss not Increase or diminish tho salary of any public oflicor. It merely relocates to tho Common Counoil the power to act upon the subject.

It Is provided in tho very soctlon oitod that tho Logifllature Ehull pass general lawn for Inn cases onuiueratod. Now while in one seuno the act Is local that ia, It applies to Ihe City of Brooklyn olone Btlll It Is as general as tho subject matter will admit of. It is not confined to any ono or moro oilicera or claseeB of officers. It applies to all the ofBcera of tho city. I think tho act should bo considered rather as a charter act of the city than aa a local net, moroan; or diminishing the foes of publio olttoors.

Therefore, assuming that officers of thu municipalities come within the section of the constitution cited, aud that the plaintiff has a term for good behavior, as to which I oxpreBS no opinion It still seooiB to me that tho act of The Fourtb nontbly Etitorlalnmoiit of A Company, Twenir tblrd Uefriinenl, tn tbe Armory Last Evening. The member of Oompany Twenty third Koglmest, gave their fourth monthly entertainment In the drill room last evening, tho audlenoe be ingeuttrely limited to representatives of the sterner ser. It was not until the military evolutions of the evening had oomo to an end that the raembors of tho oompany and their guests hurried up stairs where Mr. Frederick Slain and Mr. Goldberg, a very accomplished prestldl gitateurwere also iu attendance, togothor with two or threa gentlemen who bad volunteered tbelr services for the evening.

Mr. Stelu was first Introduced, Ha aog If I werea Enlght of the Oldon Time," Infusing much spirit into that composition and using his roaud and sonorouB voice to excellent advantage. Being very enthusiastically sncond ho sang 8lmon the Cellerar In an equally effective manuor. Thon Mr. Palmer made bis appearance with a banjo, of which he is rsther an accomplished master, and out of which he almost succooded In extracting a little sentiment, Mr, Palmer ssng Mies Brady's piano forte," with a proper appreciation of tho humor or that classic production, and was loudly applauded at the olose or his contribution to tho entertainment Professor Goldberg was next in order.

He pleads guilty to tho title of and does a good deal to provo that It ia appropriately bestowed, Somo of bla card tricks bordor on tbo marvellous, and staggered tho boys amazingly. Cards were selected from tbe pack by spectators, returned to it by tho same hands, tho pack bolng shuffled by some person in tho audience, and be ing dually placed in au ordinary tumbler. From this tumbler tho cards solscted issued apparently of their own volition at the Professor's mandate. The candle and ring tricks wero performed very artistically, tho Professor being almost as happy in his verbal by play as In his sleight of hand performances. Mr.

Morris, a member of tho oompany, then recited "Shamua Brlen," wbloh afforded him an opportunity for die playing genuine pathos. He did bis work with admirable fiuelity and spirit, doing absolute justice to a composition out of which much oan be made, but which is usually butchered, Moro singing by Mr. Stoin followed, and the entertainment waa brought to a dose by another display of marvels by Professor Goldberg. COURT NEWS. The Sura of $50,000 for a Wife's Lost Affections.

A Result of Dealing as a Straw Bailer. A Question for the Court of Appeals. Professor Crittenden's Will The Sunday Code A Youthful Jesse James. Calendars for To morrow. In the suit of Edward Schnoll agaiflst his undo, Frederick Blobm, to recover $50,000 for the alleged eatrangemont by tbe defendant ot the affections ot tbo plaintiff's wife, a motion was made this morning by tho plaintiff for leave to serve an amended complaint, settling up acts alleged to have boon committed Bince the commencement of the action.

Decision was reserved. AU the facts in the caso have beeu published in the Eaolb, A Youthful Jcuc Juiuon. A curious caso was tried in. tho Court of Sjsjlons tbia morning, lllnatratlvo pf a phase ofOltj Is ToTlreqWutlytearcl ol fn Its polfci courts. The accusod wss a small boy la tattered clothes, named James WsIbIi.

His ago was 11 years. The complaining witness was Leslie P. DeQroat, a bright little fellow, well dressed, and apparently about the same age, Tbe cbargo against tha lad Walsh waa grand larceny from tho person, lu robbing young De Groat of a watoh and chain on the 3d ol January last. Tho parents of respectable aud well dressed children have frequently had occasion to complain of assaults and annoyances to whiob their children bavo beeu subjected wbllo playing ou the stroet by rough young hoodlums of about tbe samo ago or a little older, Not long ego some children playing In Warren stroot bad their sleds taken from them by a gang of juvenile roughs who came up from tho district along the water side. The story narrated In court to day Is a fair sample of what tuose young street Arabs do.

and tho way tbey commenoe the career of vice and law breaking which In laior years doYolops thorn into the gangs of roughs and hoodlums who loaf on Btreet corners and make the lives of the police a burden to them. Tho young criminal eonvlctod to day is a fair samplo of tho stuff out of which are made the young roughs llko the 8moky Hollow gang who killed Officer 8tone a few years ego. Young DeGroot reeldoB with hlB parents In South Brooklyn, and la a fair speolmeu of the well dreBsed, bright little fellows whoso attlro and doportmeut indicates comfortable homes and cultured surroundings. On the 3d of January he went out skating with a chum on ono of the shallow ponds wblcb Ho In tho sunken lots near Third street and Fifth avenue, A fow blocks away there are two or tbroo collections of tumble down shantieB of the squatter variety and known as tbe Patch. Tuo Gowanns Canal is not far away and is an unsavory neighborhood, aud frequented by atroet abraba of both sexes and all ages.

It was In one of thoso localities that young WalBh and the gang with him had their habitat, De Groat and his little chum bad finished their sport aud were about leaving tho pond to go home, wbon down tbo bank ruBhed Walsh and about a dozen others. In an Instant tho two lads wore surrounded, and the young robbers wore shouting, "Give me your money I Glvo mo ton cents 1 Give me five cents 1 Give us your monoy 1" accompanied by threatening gesturos and looks which were sufficient to ecare uy thought of resistance out of tho heads of the two little follows, even if tbey bad not been overpowored by numbers. De root's chum was mado to disgorge what loose change bo had about him. DeGroot said ho hod no money. Walsh caught him by the coat jerked It open and snatched a silver watch with gold chain and looket from Ilia vest pocket.

It was a present to DeGroot from hlB father, and of course the little fellow valued It highly. Then tho sang of yonnx rouna scampered off. That evening Walsh wont to a pawnbrokers on Atleuttc avonuo and attempted to pawn tho watch, saying it belonged to his father the pawnbroker told him to tell his father that ho could uovo a loan on the watch, bnt he must conic for It binieolf. and kept the watoh. Later on ha eeut tho watch to the Tenth Pra olnct 8tatlon House, aud there it was recovered by Mr.

DeGroot. Walsh woe arrested and held by Justice Bergen for the Grand Jury. On the trial of tho case to day tho Court assigned Mr. David J. lloundell to defend the prisoner; but there was no defense to mako, and tbe Jury did not leave tbe box, aud returned a verdict of guilty of petit larceny from tbe person.

In onswor to Judge Moore's question tba young scamp said he had been arrested before, aud had beon in tie House of Bef uge. Assistant District Attorney Bussing appeared for the People. Straw Ball. M'iJliam Bunte was convicted of perjury in the Court of Sessions this morning bofora Judge Moore aud tba assoclato Justices. Tho oomplalnt against him waa that ho swore falaely upon a ball bond iu Justlco Kiehl's Court for $500, Tbo porson ballod was oharged with procuring money or goods under false pretenses, and was held to bail by the justice.

Bunto was offorod sa tbe bondsman. He swore that bis name waa John Holzenborg, that bo resided at No, 85 Fourth strcot, and owned real estate la this city. The accused porson was allowed to depart, and whou tbe case was again ea'lod failed to appear. The bondsmau was thon sought for and found to bo a man of straw, Justlco Klohl caused Bunte to be arreated, and brought tbe matter to tbe attention of the Grand Jury, and ha was ludlotsd. Bunto'B defense was tbat he was threatened with boclly barm if be did not sign tbe bond.

But it was too flimsy an excuse, and the Jury were only out a few minutes, when thoy returned with a verdlot of guilty. It IB not often that a oase of straw ball occurs Iu tha Justices' courts In this olty at any rate, very few complaints aro heard. Ths buelnees 1 too risky. Professor Crittenden's Will. The will of the lato Professor Alonzo Crittenden, principal of the Packer Institute, was offered for probate to day In the Surrogate's Court.

Tbe document Is dated January 15, 1883, only a few daya before his death. Edward W. Crittenden and William Packard are named ae exeoutors. Tho lestator loaves his "Milton shield" to the 1'noker Institute and the estate is divided among the relatives. The value of the oetate uot stated.

A ttoestloti for the Court or Appeal. In, the suit of Marie Husuner, administratrix, against tha Brooklyn City Railroad Company, wblch oasae on for trial this morning, Judge Pratt held tbat as the land of plaintiff's decedent waa bounded by commencing at the northerly corner of Third avonue and Twenty fourth stroet he did not own to the tenter of tbe street, and therefore the plaintiff could not maintain an action against the company for trespass la operating ita steam cars on Third avenue at tbat point, and that such an aotlou oould bn brought up by the owner of land to the center of tbe etreet. It waa stipulated that the oase sbonld go to tbo General Term and tha Court of Appeals without security for costs, to tuvve tbe question settled by tba Court of' Appeals, whlab dtd not pass upon it In the case of the Broadway Railroad Company beoause tbo use of dummies were discontinued. It Is a test case, and property owners, are awaiting a decision. The plaintiff, It H.

Carpenter and J. O. Klnkeo, and George W. Roderick, of counsel? for defendant, Win ohesterBrlttoDi Tho StMMfar Code. On the flrat Sunday following the day when the new code went into operation the pollee arrested a baok driver, named Patrick Riley, wbo bad his haok on thu stand near tbe City Hall.

Ut was taken before Justice Walsb on a okargo of violating tbo new Sunday law. Riley demanded a jury trial, and tbe cause was adjourned' from tlmo to time. Tbe case was finally set down for I ait Tuesday, but on that day tbe policeman who mode. the arrest tailed to appear, and Judge Waleh dismissed the case. It would have been a test case bad it been brought to tclal.

John J. White, appeared tor. the defence. The Calendars (or To Morrew. Following are th ealandors for Friday, February 2, 18S8: Oihcoit CODRT Part Brown J.

Part It Pratt. J. Short cause No. 257; Bamhaat vs. Johnson.

Regular Caiendar Nos. 120. Nichols, ve. Brooklyn City It. K.

(do. 2IN. Goodwin, vs. KeJlr; 3ii), Hobbins e. Brooalyn and N.

R. R. Co. 211, Farleiirn. N.

Pen. r. vs. Berwin St, Ju. k.son, N.

Feb. ft, vs. DaKgelt: I'll. Bmitn vs. Felt man '53, Dahlrren.

K. Feb. vs. Dovlm 310, Laslior vs. Monalion ZV, Rice va.

Barnott: 3l, 'fravera, X. Feb. 5. ve, Bleeokur Stecot U. It Co mis, Fiuley.

N. 1., Feb. 5, va, Petbliddo '298, Crooke. N. Feb.

vs. F.kmu:' ant. N. Feb. 5.

vs. Bowrlng; 307. FiixDatrick. vs. City of Brooklyn Illy.

MoCorintck vs. City of Brooklyu ail. MuCumnesa vs. of Brooklyn; 31 Peek vs. PoterB: 313.

DeWnller ta. Post; 317, Lyons vs. Fuaera: IJ19, Johnson ve. iHeflone; 31, Johnson vs. Beck; :2 1, Dunn vs.

Journey; Bromell vs. judd; 323. Moaservs. Watertown Hire lnaurance Coinpaoy: 3,14, Lilliaiioa vie Lilllatoa 33 CoinnninBera of Cuarities vs. Goldstein; 31.

Hall vs. Bates; Powell Vd. Donovan: 83'J Collins vs. Roberta: S3. Kuhl vs.

Meninra. CoUBTOSKBHlost Moore. J. lwii Emener, attempt to commit euicide; James Heuuesty. felonious astault; Edward Clark and Timothy Hubbert.

grand larceny; Cieorxe Graham, grand larceny: Ullarlea Hull, burglary andsrand laroeny, John Jonnwn and John Thompson, obtaining toonoy by false preteusea: Far.nie Johnson, burglary aod grand larceny; Peter Roidal, Peter Kotilman, Boerge Smith, William Hmltb. burglary and petit larceny. SuanoOATis's Oocbt BsiMffti. Hurrugato No. 8J, will ef Jonathan T.

Wells: 5'), will of Henry Grossman 29, accounting Thomas Rogers; ii. accounting William M. Kail luff. MUSICALS ASD BKUKPTI03. The Amateur Opera Association of this city will give their annual musicals and reception at the Academy ot Musle Assembly Booms to morrow evening.

Tbe committee having the matter in charge, aided by the officers of tho society, are doing their utmost to have tbe affair one of the most engagements of the seeaon. The early portion of tho evening will be devoted to a general musical and literary entertainment, whtoh will be followed by danolng and a superior collation by DioCCr. FELL INIO THE CANAL. Frank Herman, a young jeweler, who ve sides with his brother In law, J. V.

Baker, at No, 082 Paslfie Barest, while under the Influence of liquor fell Into tho Gowanus Canal near the foot of Ninth street, He was roseued by a couple of elttiens and taken ta the 1 Eighth l'rsdnct Blatlou House, where he ohtalmd dry Clothing nad left for IiOiQe, Ho Is Appointed to succeed tbo Ijate Professor Crittenden, as President of the Facnltr of the Packer Collegiate Institute. Professor Darwin Q. Eaton has been unanimously chosen by the Bosrd of Trustees, President of the Feoulty of the Packer Collegiate Institute, in plasa of Professor AJonio Crittenden, deceased. Tbe reports with regard to Professor Eaton's health have beon unduly exaggerated, and it is stated on excellent authority that he is Improving and quite likely to recover, lie Ib at present residing at Aabovllle, North Carolina, with Mrs. Baton, and the air from the mountains and the plno trees, together with skillful medioal attendance, seem to have had a mort beneficial effect on tha invalid.

A tetter from Mrs. Baton, received ystUrday, which Is highly encouraging to the many friends of tha Profeisor, expresses tbe hope, if the same favorable eymptoma of health continue, of aa early return to tbe olty. ProfeBsor Baton baa been connected with the Paoker Institute alnce 1881, or a period of thlrty.ons years, and has occupied tbe chair of higher mathematics and natural sclenees with peoullar ability. His ripe scholarship, excellent financial knowledge and long association with the late Professor Crittenden la the management of the Institute led tho trustees to make the appointment, whioh it iu bellevod will be received with general satisfaction. In addition to his qualification for Jue position, Professor Eaton's reputation as a scientist and ohemlBt ia known all over the Union, and bis laboratory is said to be one of the most complete in existence.

His leoturos and reaearohea in astronomy have also been delighted contributions to both selontiflc and general knowledge, and have won the commendation ot the most eminent spetlaliats. FATAL BURNING ACCIDENT. lad Fate of Mrs. Alexander SatHnells. Mrs.

Amelia Samuelts, wife of Captain Alexander R. Samuel dlsd last night, at St. Mary's Hospital, from tha effeots of the burns she recolved yesterday afternoon. While at work near the range at her residence, No. 502 Gates avenue, the unfortunate woman almost lnstanlly became enveloped in flames by her light clothing oatohlng fire.

She got out the street and ran toward the Gates avenue Police Station eloso by. Captain McLaughlin and Offioor Degnan were Just leaving the station at the time, and by their efforts the burning clothing was torn and out from tho body ol tho woman, but not until she was burned in a shocking manner. Mrs. Samuells made no outcry and, what was more strange, said that she experienced no suffering. She aald she knew there was no hope of her recovery, and wanted to be taken homo to dia In the presonco of her children.

She was removed, however, to St Mary's Hospital for the purposo of rooelving more oaref ul medical attention. An inquest was held this morning In the case by Coroner Keller, and a verdict returned In accordance with the faota. Mrs. Samuells, who waa born in London, England, waa 85 years of age, and leaves five children two boys and three girlsthe oldest 14 years aud the youngest 14 months. She was highly esteemed as faithful mother, a do votod wife and a true and noble hearted woman.

Her funeral will take plaoo on Sunday afternoon at half past one o'olock, from tbe residence of Mr. Bnrdett 0, Cakes, No, 72G Fulton strset. HO ONE TO BLAME. Coroner Parker and a jury held an inquest yesterday afternoon in Justlco Klehl's Court room to Inquire Into the oause of the death of Thomas Purcflll and James Varly, who were killed on January 22, by tbe explosion of an oil tank at Sone Flomlngs's oil works, Nowtown Crook. A thorough investigation was held and much testimony waa taken.

The jury rendered a vordiot of accidental death. LIFE OUT WEST. A Gang of Train Bobbers Tracked and Captured. gome Excellent Shooting Done with Long Bausr Guns and Remington Rifles. Exciting Scenes in and Around a Stockade.

Salt Iakz Citt, Utah, February 1. Sheriff Turner, of Provo City, who bad charge of the party wbloh captured tbe Central Paolflo train robbers, yesterday made tbe following statement "On Friday M. Thaeker, a detective officer of Wells, Fargo and myself, met at Provo City on tho 4:30 P. train en route for Deaoret. Wa there joined Sheriff John Gillespie, of Toole County, who had been lying thero four days.

We held a oonsultation, having already learned that the robbers wero oamped in tbo mountains about fifty miles to the Northwest of Deseret, in Mallard County, Utah. On Saturday morning we called upon Joseph Blaok, of Deseret, to know if be oould furnish us with a baggage wagon and saddle horses, wbloh he did. Thaokor then telegraped Dooloy, of Salt Lake, for long range guns and a field glass, and Deputy Sheriff Utloa Oounty.waa telegraphed to join us at Deseret. At 1:30 on Sunday morning we started and at 1:30 that afternoon, as we wore riding across the bills for the purpose of ascertaining a direct route to the stockade of tho robbors, wbloh waa located in Antoiopo Mountain, we discovered two men, armed and mounted, making in the direction of the stockade. At breakfast on Saturday morning tbe party bad eleotod mo eommander of the oompany, and being in the lead on discovering tbo men, I beckoned to tbe balance of my pat ty In the roar, and they came up Immediately.

Wo hitched our horses and left two of the party as a guard to tho animate. We then started on foot in pursuit of the men we bad sighted, and going to the brow or the hill in front of ns, about tOO or 600 feet high and a dlstanoe of from 150 to 175 yards, we obtained a full view of them. I ordered them to halt and throw up their hands, at tbe same time claiming thorn aa my prisoners. Ormua Nay Jumped from his horse, and shielding himself behind the animal, fired a pistol shot. "Frank Hawley, the other bandit, who was a little to tbo roar, and further north, and about the oonter of a narrow gnlch, also Jumpod from his horse.

He covered himself with bis animal. Then wa opened fire on them. Tho first volley shot Hawley's horse through the jaw. The other horse foil immediately afterward on his left side, and landed on a Winohaster gun, which hung on tho aids or tbe saddle. Tbe firing was still oontlnued by both parties.

The BULLETS CUT THE OED1E BOUGHS over our heads. One bullet passed near tbe heads cf Wise, Cropper and Thomas Fowler. Another bullet passed between Thaoker and myself while we wero standing about six feet apart. About this time Nay threw up his bands and apparently surrendered, and tbe firing eeased. Hawley ran to tbe opposite side of tho hollow and laid in a small ravine.

We then firod several shots in the direction of tho ambuscade where he lay. Nay then fired another shut, but, seeing that resistance was useless, he notified us that he was badly wounded and was willing to surrender. Ho also said that Hawley waa shot and wounded. I called to Nay to tell Hawloy to lay down bis arms. Nay said he was so badly wounded that he could not get to him, but I told him he had to do bo, and be started in tbe direction of Hawley.

He got half to him, and we saw Hawley throw his gun away. We then advanced, and, on reaching the robbers, found Hawley shot through the log wo also fouud that Nay had buon shot In the right shoulder, and had also reielved a fieBh wound in the leg. Wo ploked tbe mou up, and gathered the saddle blankets we had in camp. Our baggage wagoa was seven miles away, over a rough country. We immediately sent BIbck far the wagon, and be returned at 9 o'olook that evening.

We splinted Hawley'a leg and rendered all possible assistance to the wounded men, and having put them in a wagon we sent them back with Black, George Boyd and Joseph Smith to Deseret. Having no provisions for ourselves or the arrivals, and learning of tbe camp ot the two Smith boys at Flsb Springs, we proceeded there, and the boys furnished us with oats for our horses and ssmething for ourselves to eat. This place was two allies to tbe north of the scene of the capture and aerosB a rough osuntry. Hers we built our camp fire, and at 2:30 o'olock on Monday morning we had our horsee saddled id readiness to march on the stockade. At 3 o'clock Captain Deal, Sheriff Brdwn, Deputy Sheriff Polk and party were seen riding in the direction of our camp fire at a distance of 200 yards.

I immediately stepped out and notified them that I was Sheriff Turner. sheriff Brown recog ulzed my voice and joined our party. These gentlemen were all on their way to the point to wblch we were going. After consultation I told the party wo had decided npon plans, which I made tbem acquainted with, and these plana wore adopted for future operations the two parties to go together. I bad already procured a guide, and tbe entire party proceeded to the stockade.

At daylight on Monday morniug the guide took a note to the stockade, notifying tho robbers tbat their hiding plaoe was surrounded, but tbat tbe officers did not Intend to hurt tbem if they would surrender peaceably. The note was written by us after tbe two wounded men bad begged of us not to hurt the men up la the stockade, and the note begged of the men to snrrsnder, as they were surrounded, and recited the faot that Nay and Hawley wore wounded, and these two men signed the note. I sent two of my men to a eltuation in view of tbe stockade, and Sheriff Browne and Deputy Sheriff Polk also took up positions to view the rendezvous. After the guide had beeu in the cabin from five to ten minutes, VES EARLE, ONE OT THE ROBBERS, came out of tbe retreat and started up the Canyon on foot. He got some tore rods from the house when Deputy Sheriff Browne called on him to bait and oome back.

Aa he oame back, opposite the door, Frank Francis, one of the robbers, and Baa Andorson.auother ot the crew, also came out and Sheriff Browne told tbem all to pass down the canyon, which they did until they got opposite when our party was situated. Telling tbem to halt, we walked down to them, and I and Sheriff Browne ssarohed tha house and men. Their arms uacUall been left In the house and the men had no woapona about them. It ia understood here that the pursuing partleahad instructions If they could not dislodge the robbers with guns, to throw giant powder into their fortification, which was admirably suited for defense, with strong stone walls, with loopholes through which to fire. Frank Francis and Frank Hawley confessed yesterday tbat they bad beon engaged in numerous robberies in Idabo laat Summer with Jack King and Bill Adams, now in jail at Mala City, Idaho.

Hawley la a desperate ohaiaoter and seems te be the leader of the gang. In speaking of the attack on the Central Pacific train, be aald tbat so far as Boss was cqnoerned it would have been but a matter ot time for them to nave burned him out. If ha (Hawloy) baa bsen on the maids In Boss'sjilsce, he could have stood off fifty men. He had stood off aa many before, and if he had bad two more as good as himself ln.tho fort in the mountains when tho poeso surrounded it there would hare been some lively shooting. Hawley said: "I'm In a fix now, bnt I guess I can stand It, and what I oan't stand I can lie down to." He aald his parents were respectable and he would not have them know of hie disgrace for all tbe wealth ot Salt Lake.

May, the robber who waa dangerously wounded, was taken to tha hospital yesterday, when the whole of his shattered shoulder blade was taken off. His wife and four children oame np from Deseret to sso him. He will not survive many days. Tbe other wounded men will recover. Photographs of tbo baud bars been taken.

They are now awaiting requisition from tha Governor of Nevada. Wiiftflt JIin Wood Get on Ills Adversary. No Summons Served Upoo him a Salt fn Wbloh Judgment was Taken Against lilm How lie Paid a Deputy Sherlfl $125 for Tlmo to See a Lawjw Tho Referee's Decision. On Deoembor 14, 1882, Oeorgo E. Apalejr entered judgment against John Wood for nearly $4,009, and execution was forthwith Issued.

Deputy Sheriff Mlddloton went to Mr. Wood's store at 123 Fultou street, posted notices and began to dear out the plaoe. Mr. Wood protested and asked for time to see his law. yer, stating that no papers in the case had ever been served upon him.

Deputy Sheriff Mlddloton deolined to delay the execution; but on Mr. Wood's arranging things with him, the sheriff's dogs were callod off. A motion was mads at Special Term ot tbe Supreme Court to vacate tho Judgment on the ground that no summons bad boon served upon Mr. Wood, and that ha did not owe the plaintiff a dollar, but that the platuttfT waa Indebted to him. The matter was reforred to Counselor W.

S. Cogswell to take testimony and report. Four lawyers, Anson B. Moore, and A. Moore and Cooper Baoh, appeared before the roforee for tba plaintiff.

Mr. E. D. Childs and Mr. Charles M.

Stafford appeared for the defendant Tbe plaintiff claimed that the summons was served on Mr. Wood on September 14, 1882, between tho hours of one aud two o'olock, at his place of business, 203 Fulton street. Mr. Wood swore he waa never uorved with ths summons. On September It ha left his store at ono o'olook and erossod to Now York.

He lunohed at Sweat's and met George Whltaker thero. Than ha took tha Bleecker strest car sad went to tbe warehouse of C. M. Foster on Crosby and Grand streets. Tbenoe he went to Stamaehe Co.

'a, 209 Bowery, and tho nee to Feohtmano Gade's, 305 Canal Btreet. He returned to Brooklyn and readied his store at about five o'olook. Rofcronoe to his books onabled htm to call to mind these facts. A DBPUTI SHERIFF PAID $125 POB $5. Mr, Wood further swore before the referee that, when he saw bis things carried out to the trucks wbloh were in front of bis store and when the dnputy sheriff refused to delay the carrying out of tho execution, he paid Deputy Sheriff Mlddloton $125 to Induce blut to give time to allow tho plaintiff to eee his lawyor and the head sheriff, Mr, Wood gave his chock for tha money, Frederick G.

Gige, dork with Foster Company, produced tbe order book showing that Mr. Wood was ovor at tho firm's plaoo of business on September 14. William A. Jones saw him there after he returned from lunch, betwoen one and two o'clock. John H.

Davis gave confirmatory testimony. Andrew J. Moore, of 416 Third street, Brooklyn, and 21 'Bookman Btreet, New York, one of plaintiff 's lawyers, swore that he delivered tbe summons to Samuel R. Rogera on September 14, to serve on Mr. Wood.

Rogers, who said bis office waa at SO Wall strcot at the time he served tbe summons, and now, at 19 Nassau street, aud bis residence in Jorsey Oity, swore he served tho summons in the action on Mr. Wood ou Septeoi. bor 14, 1882, between and two in the afternoon, at 223 Fulton street, Brooklyn. THE 8T0RY OF PLUNDEB CONFIRMED. Edward H.

Flavin, who accompanied Deputy Sheriff Mlddloton from the Bherlff's office, whon ho wont to lovy ou Mr, goods swore that Mlddloton took umlirogoXecsUBo Mr. wooefsaid ha was worth $30,409 and couid pay any Judgment against htm, sod began pulling things about, Flavin swore that ho saw Mr. Wood give a check to Mr. OhIIds, his lawyer, and Mr. Childs toon walked with Middlcton up tbe street and handed bim the chock for $125, Mr.

Chttds and Mr. Mlddloton thou coversed together "and tho ehook was arranged." Referoo Cogswell baa dooided In favor of the defendant, finding that the summonB waa never served ou Mr. Wood. JOHN KENNY. A I.ittlo Moro About Ills Hislorr a Brought Out Or His Own State ttieuts.

Thomas Fields and Frank MoCrovom callod upon au Eacilk reporter ibis morning. Both took exceptions to some of tho statements made by John Kenny, the convlotcd murderer, which appeared Jn the of Eaoi.b yesterday. Thomas Fiolds said "Kenny states that on a certain, oceteion Philip Duffy sworo tbat he would uot bolleva me under oath, Mr, Duffy uevor mada any auoh aesortlon In or out of court. The trouble that three years ago I was tho principal witness against John Kenny upon a ohargo of assault. He and a man named James Sbanly wore convicted of an assault upon myself and George Edwards In Atlautlo avenue, aud Eeuny was sent to tho Penitentiary for eight mouths.

Shaniy gut three. As far as I had anything to do with McGovorn in this case, I have but thlt to say Thla mail Kunr.lor aud Konuy wore put ting up a job to get McGovorn to admit that tho Tcrwllligcr letter was sent' to hlin. I told him not to do it, because I knew that KuuVor and Kenny ware trying to shift tho blame of tbo murder on blra," "Did Keuny ask you to ba rospouelble far Kitw Mlnnto Terwtlllgar note said ths Haglb reporter McGovern. "Yes, be did," was McGovarn's reply, "and Blily Kunzler, too. Both of thorn at tbo time knew that knew as little about it as you do." AN INKANR ITOBAJt.

Isabella Mackey, a young nuiuarriod was found waudorlng arouad FlatbuBh avenue laat night lu an lusano condition. She was taken to tba Fourth Precinct Station House, and from there to her homo, No. 71 South Sixth street, Eastorn Dlstrlot. 19, IVI. Scurider, D.

17.. 8pcaking of the now Standard IjiwurtT ontor priaa by which tbe best new books are sold for 15 to 25 cents, says: "I Iiodo your genome of publishing good booke at tow prices will fie varf succosnlul." Second hook ready, "Science in Short Oliaplonl," Br Tf. Mathiou Wiiliama. F. R.

A. F. O. 8. Price 2S ounts.

First book, "Life of Cromwell," by Paxton Hood, 2 oenta. For salo at book stores ond news stand, or seat poet paid by the publishers, 1' (me A Wau.iai.ls, 10 and Ik Dey st. Now York, Dr. Hubbard, of Connecticut, Gives his testimony to tho yaluo of Baidsbm Oi YoicniNic Soap aato ita alloratlve influetioo upon the eklu aud subcutaneous tiseues. II.

F. H. TnsUor, Shoo dealers, offer, for ono weok only, liadioa', Missos' and Childron'e Cloth Ovitnauoss at Onk thibo lose than tbe rogular price. Reduced from 73o. and $1 to SOo.

and 07o. Roduced from Qt.SO and $2 to 31 and 81,07. At No. 901 and 093 Fulton at, near at. Jamoa plaoo.

A Glad Smile Will greot you if yon bring homo a bottlo of Grakfsnhebo Catholioom for your wook and ailing wita or daughter. mother Swan's Worm Syrup. Infallible, tasteless, harmless, cathartio for feverlalineaa, roatleaanesa, worms, constipation. 25 oente. Wells' "Rooau ON ConttS;" quick oure.

t5o. gout Freo to Ilousolioepers Whose address we receive acook book and sample of tho famous silver polish, RuiOTBO SlLIOOH. EldCO ino SiLioott OOSIPAMY.72 John et, N. York. If you Find Your Euortflc FalllilaT.

Be wise in time, aud avert thoir unfcimolr total loss with ALUSH'a BnAiM Food, whioh re establishes vigor on a permanent basis. 8 for druggiste SPBC'IAIi AUVnisTIWElTaEWTS BSOLUTBLX PUKE. RRB OOO RRU 8 A A LUX fa a ooo BBR A AA BBB A A KK AAA if BBB A A NtJ NN NN NN AGO a 8 oo GOG PPP OOO WWW ODD RRU RRR OWWWW DD RR PPP OWWWW DD KB RRR. WW WW 5 OOO ODD EBB AFiS AM SPEEDY WAY TO IjORTUNR. A FCRTONK FOR ONLY sS.OO, For further Information write to B.

FRANK MOO RK, 127 LA BALLS ST, OHIO AGO. ILL. Oil wrii nf nznontion ia.ued out of the SuDrame Oourt of the State of New York, to ma direotod and delivered I will (ell by publie auction Thoina A. Kerrigan, auotionear. tiie salesrooms.

No. 35 Willnugbby street, in tbo Oity ot Brooltlm. on tho first day ol February, 1B8J. at 12 o'olook. noon, all tho right, title and Interest whioh Harry O.

Jonas bad on the sorenteentb dav of Septombor, 188)1, or at any time thereafter in whose handa aoeror tho aarnp may be ot In and to. All that certain lot, nieuo or nareel of land with i thy improveinontathoreOD situate. Irins and Coin in the I Blra Wird (formerly Tenth) of tho City of Brooklyn, Couotv of Kiniis ami State of New York, bounded and described as follows lleainninir at a po.ot op tho southerly side ot Atlantic Btrent. diattnt two hundred and hve feet easterly iron Bond stroaf. tlwoce ruuoing southorly and parallel with Bond eirei eioty feet tnonce easterly and parallsj with Atlantio utroot twenty teet; thence northerly and narallol with Bond etreet, eighty feet to Atlantic street aforesaid, and thenoa westerly along Atlautlo etreet twenty feel to the point or plaoe of beginning.

Alto, all tbat, oortain lot or niece or parcel of land, ilta ate, Iving and neing In tho Third (formerly Tenth) Ward or the Oity ol Brooklyn, In County of Kings, Slate of riew York, which bounded aa follows: Beginning at a Mini on tho southoaeterly side of Bond etreet distant fortr flto. twit nottlioaeterly from toe easterly corner ol Bona anu Bargee Mroota; running thenoe eputheaetarly parallel wn Borgon Btreet ono hundred feot banco lel with Bond etreet twenty feot; iheuoo oorthwuUrly aud again parallel witb Bergen itreot one hundred foot to Bood BlreetTthonce mmtbwesterly along Bond etreet twenty feet to ttieooint or plaos of beginning. Alan all that certain lit of ground situate in tho Tenth Wa Oili of Brooklyn, on the aorttiorl, aid Scliermer. ho" ot, dutant easterly fro tho northeasterly oemer Jf atreet ana Smith etreet. three and twenty nto feat, thence, running northorly, Dralle( with Smith street and through tba oouterol apatti wall.

ne hundred fuel; thence easterly, parallel with Sohotraw horn atnwt, twonty Hvn fuel thence southerly end, oarjIIM i. tu r. nna huitnrAn lent tn nonnrmernDTa street, end theneo wuaterhr. along the same, twenty fir toot to the place of bogiouing. Alio, all that cortain lot, pleoo or parcel of.land, with, bnlldinga and iruprovemwile tuereun erected, situate, lyioe" and being in tbe Tooth Ward of the City of BNwkjyn aforesaid, bounded end described ae follows.

to Besjpnia at a polut on tho southerly side of Butler sUeet, dUUM ono hundred end twenty feetthrfo jnouoo southoaeterly oomer ol But ir trot and running thonco southerly and paral lei with 8 It. feet: tbenoe westerly. Butler atreet. one loot to land now or lato of I BV" Insurance Company thence noTtbweaterly, mentioned landVnd land now or late ol bWtyot Brooklyn, eiiteen feet; thenoe norther y. narallol jrith Brojltt etreet and through a party wall, ninety rest ana eiau fnohos tno southerly eiJe of Butler oet ajorgw dt thence easterly, along the said southerly eidoof Butler street fouXnfeat to thoMbtor place of begluolnf.

Uatsd Brooklyn. Deoembor MAS dolO BwS IW Sbantr 01 'Pf The aale of tho above property la postponed day of Fobruary, at the same hour and plaoe. Qatea reuruary iku. VRANOIH Afi VON, Undor Sheriff of the TngraM Riley, tftrtsTal faVuiftt. A.

Million. Dollar JPire in New York. Narrow Eseape ef the Esrypt and Other Steamers An Enormous Amonnt of Property Destroyed, but no Lives Lost; Exciting Experiences While Escaping from the Burning Pier Ihe Insurances. The fire which occurred early this morning on Pior 3G North River, neon plod by tho Intnau Steam ship Company, broke out in somo cotton. The whole pier csught firo and at nlno o'clock was still burning.

MoBt of tbe buildingB on the pier and their contents were consumed. Tbo loss is roughly estimated at $1,000,000. Tho steamer Egypt, of the National lino, whioh was lying at the pier, caught fire. She was towed out Into the stream and there tbo flames were extinguished aftor eho bad been greatly damaged. Tha entire Fire Department and the fire boats Havemsyer and Zophar Mills are at work on the fire.

The euioko and smell of burning vitriol hangs Ilk a pall over the west aide to day. Of the large covered shed on tbo Inman pier nothing remains eavo a fragment of framework at the entrance that totters la the wind end threatens to fall at any moment Tho pier itself with all upon it is burned down to tba spiles upon wblch the structure rested. Along the water's edge tbo flames aro yet playing hide and seek amid the wreck aud licking up the remnants of the million dollar fire. Yost throngs crowd tho neighboring plots and bulkheadB, gozlug curiously at tho scene of desolation and at the stoamor Egypt, lying out In midstream, with her port sldo scratched and bor rigging ana standing gear burned and blistered. Beyond the pier lteelt and lis contents the loss proved Inconsiderable.

Tho Egypt Is of iron and a thousand dollars or two will mend her injury. In twenty.four hours she will be la sailing order, Tbe wlud blew directly in from tbo river and carrlod the smoke and embers In over the city, to the embarrassmeut of the firomen but to tho advantage of the surrounding shipping, wblch that fact saved from destruction. The Savannah steamer Chattahocheo, tbat lay at pier 33, expoaod to the full onset of tbe flames, was hardly scorched, its crew being on baud with hose and pumps. The Ocean Steamship Company's dook was not damaged at all. At tho pior on the north, No, 37, the full rigged ehlp Henry, a German voesel that was unloading aoda asb, csught fire, and was towed out in tho stream with rigging aflame.

It was, however, not badly damaged, and was towed over on the Jersey Flats, where she lies today. An Erie barge, loaded with flour, was caught in the slip. Yaln efforts were made to tow It out, and it still remains where it was. The woodwork on the dock caught fire and the dook load of flour in baga was partly burned. The bursted bags, tbe contents of which was held In plaro by bolng soaked in water and troien aa the heat from tho fire diminished, suggast oales of cotton rather than flour.

On tho bulkhead at the ond of tho pier a largo quantity of crockery iu crates, carboys of add and other morchandlso was stored. Whon tbo Bavlng of the burning pier was givou up as a hopeless task tbe firomen concentrated their whola energy upon tbe protection of those goodB, aud succeeded well. Catching firo again aud again, the bulk of the merchandise was nevertheless saved. ESCAPE OP LONGSHOREMEN. About sixty longehoremou were at work on tho stream ondofjjio join uoadlntbe out.

wes'ioaftd thsTslSe pTtE95jJiJ been Weed. This fear has, in a great measure, boon dispelled this morning by the statement of tho engineer who discovered and fought the firo till tbo firemen came. It is still possible that somo may have been oaught and have lost thoir Uvea, but It Is not probable. Some are miss sing, but they aro probably soattered about the city. A reportor going from tho fire at eleven o'clock found one of thorn lu Canal strcot, vory drunk.

Ho had not been book at iho pier since he saved himself by crawling from It ou bis hands and foot, and explained that ho had got druuk to celebrate his narrow eseape, and that otbers had done as be did. The engineer on tho pier Is Amos Smith, a young man, whose home is at No. 512 East Fourteenth street Ho was In tho ongino room on tho extromo end of the pier, attending to his duties, when tho firs broke out, and was tbo first to disoover it. He fought tho flames bravely for, he says, fully a quarter of an hour, and olataiu to have beeu tho lust who loft tho pier. His hands and face are burned, and bis hair and eyebrows scorobod.

Smith mado the following atatoment "I was Jn Iho engine room attending to the machinery; a gang of sixty mou wero unloading the Egypt and work was brisk at a qnartor past two o'olook I went out on tbo pier I smolled emoke, and went to see what was tho cause, Tho men wore working Ignorant that anything was wrong. There was a water oloset next the engine room, I opened tho door, and flames boat In my faco and burned my eyebrows. I slammed tbo door shut at once, and shouted to the men that tho plor was on firo. Most of them dropped what they had at that aud ran for 1 1 to. I yollod to two of them to savo aod bolp ma hold tbe hose that wo had on tbe pior, and thoy came.

I turned (ho water on tbe pumps then, mado tho convections and played on the closet wbcra tho firo was. It didn't do much good. The fire was under tho plor and in tho bulkhead, eating its way along in spite of all we did. I eaw wo had no show aud callod to the men on board tbe Egypt to cast off tbo linos and get her out Tbey did so, aud signaled for tow boats to drag her out into the stream. By tha time they got under way, however, the firo was all over the pier and had reached lior.

I didn't stay to seo tbat. Whon I found THE PIBB OBEETIWO ALONG THE BULKHEAD and getting on both sides of us I shouted to the men who were helping mo and those Btlll ou the plor to run. Wo had sent out an alarm tor the Firs Department right away from tbo box on tbe pier, and followed it up With two more. When we threw down the hose I flung open the doors of tbe boilers and flooded them with water to prevent their exploding and then ran for life, ehoutlhg to those ahead aud to tho customs officer In his box to shut doors and windows to prevent draft The pier was filled with such a deneo smoke from the burning cotton aud goods by that time tbat it was impossible to see a foot before you. I heard men groping about around me trying to Cnd tbelr way out, but unable to do so.

I bent down and felt with my bands for tbe railroad track that waa from one end of the plor to the othor, and when I found it followod It right baok, knowing that bo I would get out. I kept ehoutiug to tbe otbers to do likewise and tbsy did. I think they all got out I am quite aura of tt I think I was the tho last man who got out. When I reached tho end of tho pier I halloed baok if anyone was thero, but no answer oame. I then stayed to show the firemen the way to tho fire.

I don't tblnk tbey went down on tho pier far enough to get at It It seemed a long while, more than a quarter of aa hour, that I was on the plor after the fire broke out, but perbaps It seemed longer than it was. I lost all my tools and clothos and my gold watch, whon I. had to skip, and reached tho stroet In a thin blouso. I was Bhlvorlug with cold when somo stranger stepped up and gave ma bis overcoat I don't know wbo ho was. Some one helped me home.

I don't know what could have caused Ihe fire. 1 can't imagine. Smoking waa Btrictly prohibited on the pier, but every onoe in a while some 'longshoreman would steal a chanaa and smoke. If I found him out I reported him, as was my duty, and be was discharged. It may havo been a match somebody throw In lighting a pipe that causod tho outbreak.

I tblnk It likely enough. I know that it was lu the closet tbe fire broke The ftromon whon they arrived In answer to tho first alarm, sent out a summons for reinforcements' that brought eleven engines and six ladder companies to tbo pier, the eutiro available force of tbo lower district. Tbey found it Impossible to approach the tiro on the pier with any hopo of putting In offoctual work, and availed themselves of tho proximltv of tbe ship Henry to put their lines ou board her and attack tbe fir on the north side of tho pier. When the tug boats suddenly hauled the Henry out In tho stream the ftcemen bade lively scrttuWe to get ashore aod barely saved themselves from being carried off to Jersey, Tbe fire boat Ilavemoyer did exceedingly efficient work from the river and was Itself ssorobod aud burned to some extent. The Zopbar Mills, the new fire boat, was not present, it bolng not yet in working order.

THE INSUBANOSa ON THE PIEB. The insurance policies bold by tbe Dook Department on the buildings on tho Inman Plor amouut to tSOflQO. The compaulas interested and the amounts of the policies are as follows Greeuwhlcb Insurance Company, $5,000 Guardian Assurance Company, of London, $5,000 Imperial Insurance Company, of London, $10, 000 Liverpool, London end Globa Insurance Company, (11,000 Fire Insurance Association of England, $5,009 British American Insurance Company, of Toronto, Phoenix Insurance Company, of London, $5,000 Commercial Union I isurance Company, of London, $5,000 Germania Fire Insurance Company of New York, $5, 000 Manufacturer's Fire and Marine Insurance Company of Boetoa, $5,000, and the Insurance Company of North America or Philadelphia, $5,000. Tbefo policies wore assigned by the Inman line to ihe Dock Department, as security for the loass held by tbem on the pier, from the Dock Department, Tho lease Ib for tea years and dates from Juuo 1, 1881. The pier Itself wbloh is tbe understruoturo, it is stated, Is not insured, and the damage to it will not amount to muoh, unless tha spiles should bo destroyed by tbe fire.

The oost of the shed on tho pier Ib stated to be between $75,000 and $00,000. Mr. Brewster, superintendent of tho Inman Dock, states that the total loan will amount to at least $500, 000. Ho believes the company Is partially insured on the pier, which was built only laBt year, at a cost of $150,000. All books, papera and documents are gono, the only property on tha dock, with the exception of the Egypt's cargo, consisted of old rope, sails and lumber.

Ho considered that nearly all, the cargo of the Egypt bad bean dlsobarged, in fact1 only about 113 packages are now OB board of ber. Mr. Brewater lost personal property to the amount of $500. Ho le wholly Insured. CONDITION OP TEE MYPT.

Mr. J. Hurst, of the Notional Bine Company, waa found this morning at tha offices, No. 69 Broadway, He said he was aroused botween 3 and o'olock and Immediately repaired to tbe scene ot the fire, He went out Into the river alongside the Egypt. The vessel Is not so muoh damaged as might be expected ber sails and running rigging are all earned away, the masts and standing rigging balng of Iron and wire, remain Intact There Is slight damage below from water.

The vessel will be hauled Into tha White Star pier to day and ber cargo fully discharged. She will be then lb or. oaghly overhauled, and it Ib expected she wll) call at ber appointed tloaa on Saturday next. There la no truth in the reports of there being vitriol in the cargo or on the dock The explosions near were caused by bombs discharged by the sbief ofllcsr to warn tho tugs and obtain their assistance. The officers and crew behaved adaairably and neipsa to lessen me damage done to Uu vessel by tbelr activity.

It was a fortunate thing tbat tbe Ice in tbo river was not froxen i very bard, or there would have been great difficulty In getting the ehlp clear of the dock. The National Line Company do not insure their vessels extra precau. lions sc therefore taken to prevent fire. Tho Idato I tbe oartfO, wblch was a general one, will fall upon fbe consignees if tbey are uninsured. Jstica Kenoa this morning sent James Oassidy, aged 17 yoare, of No.

35 North Eighth atreet, to the Peultantiary for six months, for stealing a sllvor. natch valued at (13 from UU father. Forty Years Old and Bash fnl to the JLast. Misi Azubafa BUe's Suit Against tho Estate of William I. Wood for $18,000 for Board The Parties Long Engaged to be Married Judgment for tke Defend" ant.

Miss Azubah Rice sued Martin B. Wood, sole executor of bis uncle, William L. Wood, to rocover $10,000 for board alleged to have been furnished to tho latter for about forty years. For that time Miss Bios, who Is now about fi5 years of age, has kept a boarding house at 60 South Sixth Btreet, E. D.

This house was owned by the late William L. Wood, who oooupied a room and generally took bis meals thore. Mr. Wood was for many years a polios Justice in New York, and bis estate Is estimated at $270,000, He left Miss Bice the furniture in tbe house and a legacy of $5,000. Ho was a bachelor and it ws eatd that be waa engaged to be married to the plaintiff for a long time, but could never make up his mind to fulfill the contract, Tho testimony before the referee was conflicting.

One sldo said that plaintiff paid rent to defendant at the rate of eight dollars a month, and plaintiff escaped coming within the statute of by showing that every month this eight dollars was credited to Mr. Wood's account for board. There was other evidence to show that Mr. Wood waa In tbe habit of buying provisions of various kinds for the house. Mr.

Wood, it appeared, had always been very attontlvo to tho plaintiff. When he was on his deathbed, acoording to the testimony of the plaintiff's sister, he sent for an old diary whioh was begun about forty soven years ago and found from tbat whon be first went to board with Miss Rice. Then be satd, as alleged, that if eha charged him eight dollars a woek for all tho time be had beon with her it would be about fair. The suit was accordingly begun for about $13,000, giving the estate of tbe deceased oredlt for the oight dollars a month as rent for the house. The house, It was shown, was worth about $600 a year.

The canso was referred to Mr. Rlohard Iugraham who has dooided in favor of the defendant For plaintiff, F. Van Voohten for defendant, A. Waller. LEGISLATION.

Progress of Local Gills at Albany. An Excise law with the "Three Bed" Clause Eliminated Giving the Board of Education Power to Sell Roal Estate. Important Amendments to the. Ciril Code The Pearl Street Pier gafe Ex tending the Terms of Office of Constables and Also the Time for Yetinjj. A Landlord and Tenant Bill of Interest to the Outlyintr Wards and Now Jts, Special to the Eagle.

Albany, N. February 1. The sub committee ot the special sommltteo, composed ot New York and Kings County Members, to whioh was referred the Exolee bills, hava reported a bill, the principal features of which aro provisions for the transfers! of licenses, tbe doing away with tho three bed clause and forbldB arrests without warrants, except between one o'clock A. M. and twelve, midnight, on Sunday, when the offense shall be committed in the presonco ot the arresting officer.

Mr. Burns Introduced the following bill The Board of Education of tbo City of Brooklyn is hereby authorized to soil any land, with tbe buildings thoreou, that are not needed for school purposes or tbat ehall hereafter not be needed for school purposes, and to convey the same. Second, tho proceeds shall bo paid into tbe special sohool fund or lbs Board of Education, aud deposited with the treasurer or the olty to the credit of such fund. Mr. Barnes also Introduced a bill providing for amendment to tha oivll code so as to strike out tbe provision that damages for death or accident or carelosB noss of carriers and othora shall be limited to five thousand dollars.

Mr, Burns' bill, providing for a pier or wharf at tho foot of Pearl etreet, was put upon Its passago this morning, and narrowly escaped dofoat.undor the polut raised that no provision for the observation of tbo pier line was made and, therefore, tho wharf could bo stretched out Into the current. Mr. Brooks was wrong, Bince the pier lino is established by Federal law, and no Stato law can repeal its provisions of regulation. Tbe bill uow goes to tbe Senate. The following favorable reports wero made from the standing committees.

Hodges' bill for repavlng Bedford avenue amended agreeably to the Mayor's suggestion so as to make tbroo hundred thousand dollars for general repairs to streets, and the Commlealoner of City Works being empowered to repave Bedford avonue, the cost thereof to oome from the general fvfhd. To meet this appropriation oertifloates of Indebtedness extending over a period of ten years are to be Issued. Bborldan's bill making the terms of office of constables two years. Sheridan's bill, providing for the opening of the polls on election day at six o'clock and closing at P. M.

Sheridan's bill extending tbe Third avenue sower amended so as to meet the Mayor's views. McCarren'a bill requiring landlords to give ten day's notice before aummtrDy dispossessing a tenant. Earl's bill authorising release by tho city of certain lands tha title to which is defective. Earl's bill for the Improvement of Qulney street, between Lewis aud Stuyvesant avenues, and between Bold and Patches avenues also, Van Buren street, from Summit avonuo to Broadway, six blocks in all. Q.

H. Lindsay's bill for extension and Improvement of Johnson avenue. David Lindsay's bill to olose conrt yards along tho westerly side of Bushwlok avenuo between Myrtlo avenue and Wall street. The diverse interests of tho town of New Lots, as represented here by various citizens, mot lu Senator Jacob's room, and after a long oonsultation finally agreed on all matters relative to tbat town for which legislation; is needed, and appointed a commltteo to draft the bill according to tbe understanding reached. The bill providing for matrons at all Btation houses waa amended this morning by Mr.

Henry's motion to except tbe County of Kiugs from Its provisions. Mr. Mulholland's bill giving tho Aged Colored Belief Association $1,500 and St. Mary's Hoapttal $4,000 a year from the olty moneys was reported favorably in the Assembly. The Excise bill relative to New York and Brooklyn Is made a special order for Thursday next Mr.

Burns introduced a bill prohibiting an elevated road in Adams street. Mr. Mulhollond's amendments to the Primary Eleotlon law prohibiting General Committee investigating committees from striking names from the roll of ward associations, was reported favorably this morning. Mr. MoCarren has Introduced a bill taking away from the Stato Land Commissioners the power to grant to private Individuals and corporations tbo use of laud under water.

Mr. Hodges presented a bill prohibiting tho loaning of money by pawnbrokers to children under 18 years of agt. Skacoal. Passage of tho single Commissioner Bill In tbe Assembly Necessity ol tbe Change The Old System a Means of Prosecuting the Work, the Proposed New System a Plan of Completion. The Railroad Commissioners Game Laws, ISpeoial Correspondence of tha Eaglo.

Albany, January 31. Tha excitement of yesterday consequent upon the dosing of the lona continued debate on the Railroad Commission, was succeeded by a dav of dal ness so deep as to bo dreary. The satlsractlon over Its olose, however, is profound and the special raters have gone home disgusted and defeated as thoy havo always been since the day they were organized to combat the will of tbe people. The Gary bill, providing for a singlo commissioner to succeed tke present Capitol passed the Assembly to day. This is qulok work.

It is high time tbat the commission was changed. Tbn great building is nearlng completion. Tho people are tired of tbe delay upon it and they are slok of tbo enormous expenditures which havo lifted tbe cobI from the first oatlmatoof four millions of dollars to fourteen and over. It la time It wss brought to a completion and it is a fair presumption tbat consummation would not have been brought about under the old commission or old system for somo years to como. Tbe old syhem committed to tho theory that a complete plan cannot ond wonld not have been made in tbe past.

It Ib apparent to the loyman'a eye even that thora Is yat little comparatively to be done littla as compared with what has been done tn three years past. There aro but two large onter prisea to be brought to completion in the Interior and these are tha Court of Appeals room and that for the State Library. For these rooms tha plans have been n. la Tlnta In nnisnea ana wors: accoruK wubuou grees. What remains to be dons is to run up tho WeBtern wall, roof tho building entirely, bnild the approaches upon tha eastorn side, construct the tower and some unimportant or minor work in tho interior.

To say that complete plans for all that remains to be done, with tbe exception of tho tower.is to say that which, to the unprofessional miud oven, Is sheer nonsense. It can be done. It Ib true that the furnishing of those plans will be attended with consequent exponas. Very well, the Stata, as is olearly shown by the temper of the poople. Is willing to bear tbat expense it the assurance la given that the bnlldlng, not the tower, will be completed within two years.

It is urged tbat tbe State has never been willing to appropriate enough money at one time to enable the work to bo proseonted vigorously for more than nlno months in the year, nor contracts of any considerable, magnitude to be entered into. Very well, ths Stata stands ready to moke euffictent appropriations if the assurance is given tbat the building will be completed within the time specified above. The demand la for tbe completion ot the building. But tba old system cannot be trusted to bring the work to an and. The old commission has been in existence to prosecute the work.

The single commissioner wld oome into existence to complete the building, it is a different sort ot existence, with a different purpose in view and with a different motive. The old system must go out, beoansa it baa outlived its ueef uluoss. The building can all the indications now are that it will be, eompleta within two years. Of course, tola change Is not mado without soms risks and dangers. Groat care and judgment must be exercised la selecting the tingle oommlsaioner, The danger will Controller Brinkerhoflf Wielding the Official Ax Ho Cut3 Off tho Heads of a Mumber of Einployos Appointments Which he has Made in Iholr Places Obstructions to the Work of tho Firemon Proposed Bemorul of Telegraph Wires and Avrn inffs Tha Water Question Marriuge by the Mayor.

Controller Brinkerhoff has made a number of changes among tho employes of hlo department, bnl for ome unaoooun table reason will notannonnoe them. They have leaked out, however, lnfofmatlon presumably coming first from tha mou who hare been displaced and those who have been appointed. Among those wbo have been removed Is John Daly, who held tbe position of dockruaaler at tho Wallabout, with a salary of $1,000 a year. He waa appointed by and served under Con trolior Sender, wbo regarded him as a vary offlolent man for tho place. He doea not teem to have ploased Mr.

Brinkerhoff, who has appointed as bis euooeesor ex Alderman Patriot Kelly, of the Twenty fourth Ward. The Controller has also dlaoharged Aisistaut Dook Master Samuel Cohon, of the Twenty first Ward, and Dook Clerk Rlohard Molloy, of the Twelfth Ward, appointing Patrick Hyland, ot the Seventeenth Ward, in the place of tho former, liolloy la an opponent of Aldorman Donovan, of the Twelfth who demanded and recolved his position for another man whose name has not yet been divulged, and wbo is aacord with him politically. In tbe Assosemont Burean the Controller has appointed aa clerks, Patrick MoNamara, of tho Tenth Ward; William M. Meeks, of the Fourth Ward, and one Rlttor. Messrs.

MoNamara and Meoka havo served la this Burean before. Mc Namara was thora under a portion of Controller Semlor's term, and it waa eatd at the timo that his dtschargo ljad omo connection with tbe failure of Somler to secure the Tenth Ward tho last Domooratlc County Convention whan the nomination for Surrogate was made. Mr. Sender, however, stoutly denied that there waa any truth whatever in this Btory, aud said that he removed tlcNamara and because he could got along without them. There do not aaem to have been any removala yet to make room for those throe appointecB, and the other attaches of the bureau, who aro anxiously awaiting the pleasure of the Controller, are indulging In the hope that nothing in that direction will bo done, but Mr.

Brinkerhoff will probably aooa bo heard from. Tbe force of the Assesssmont Bureau Is composed or a chief clerk at $1,600. three general clerks at each, two general olerks at $1,000 each, two general clerks at $900 each, two general clerka at 1800 oaoh, the total appropriation for tbe bureau being $10,500. OBSTBUOTIONB TO TIBEMEN. At tho requea of CommlBsloner Ropes, Fire Commissioner Partridge haa been making an Inspection la varlouB sections of the olty, particularly with the view of aocertalning tho whereabouts of possible obstructions to the work of the firemen, in the shape of awnings.

Commissioner Ropes In bis efforts to procura tho removal of telegraph and telephone wlrea from poles, where they would Undoubtedly be great ob atriictlouij in oa.se ol fire, and the placing of them wider. ground, ha3 dtrectod attention to awnlnga, tome of whioh are of metal and very many of which would prove great obstaoles to the firemen. The law permits only tbo erection of awulnge made ot canvass or similar material, and those of other material whioh exlat to day wore constructed before the law wont Into effect. Coinnitsstonor Partridge haa found many of these wooden structures whioh extend to the curbstone and which, being praotloally nothing but great aheds would be groat obstructions lu the event ot fire. These should bo removed, as well aa others wbloh, wbllo they may he constructed in aooordanca with law, are really dangerous.

As to telegraph and telephone wires, tho Fire Commissioner auggosted that they might bo placed on tho elevated railway structures which may bo orected In this city hereafter. Commissioner Ropos has also been making an Inspection. Ho haa been looking after the wires, and in tho course of bis travels como across some vary rickety onos in tho lower parts of the Second and Fifth wards. Somo of tho polos thore are hold up by Btout wires or ropes attached to chimneys, and the constant strain on tho chimneys may havo the effect of pnlting the latter down upon the houses. Tho commissioner has notified tho companies that they must at onoe rebuild tboso portions of tbetr Hues.

He proposes, after the Fire Commissioner shall have oompleted bla examination, to furnish him with a statement of all the ordinances bearing on the subject of obstructions, In order that Mr. Partridge may oommunicate with the Board of Aldermen, asking to bare all the obstructions removed. Alderman Caraon'8 resolution prohibiting the eroc ttou of any more telegraph or telephone polos will be considered by the Law Committee on Friday night, THE) WATEB QDESTIOH. Commissioner Ropos in Berrying out bis determination to put a stop, If possible, to tbo great waste of water has Imposed fines upon a largo number of parties, and cut off the supply ot those who have refused to comply with the requirements of tbo department in respect to it A few who have demonstrated ignorance of tho law have been let off with a reprimand. The Commissioner says it is.

absolutely neoessary to pursue a severe courso, because otherwise the olty might sudor from the lack of a full supply of water. Among the most serious offenders was a plumber of tho Eastern Dislrlot who had allowed the water on his premlsos to run constantly, thereby depriving oconpants of other parts of the Bamo plaea of supply. The Commissioner does not publish any of the names of the delinquents, but he intends to pursue them until the daily consumption shall remain at normal figures. THE VACANT POLICE JtTSTICESHIP. No meeting of the Mayor, Oontrollerand Auditor seems to have been yet called for the purpose of appointing a Pollee Justlco to the place of the late F.

B. Fisher. The number of candidates ia inoreaslng dally, but it is understood that the eonUst is now narrowed down to betwoen two men John Gllbertaon, of the Board of Eleotions.and ox Auditor Voorheea who are supported by Controller Brinkerhoff and Auditor Voege, respectively. Ullbertson's frlenda appear to tblnk that Voorheea will withdraw or be withdrawn, Mayor Low haa been visited by oandldatea and their friends, but will not oommit himself one way or the other, Ex Sheriff Daggett was ono of hia callers to day. He jocosely told Mr.Daggett that ho was looking for a citizen who was not a candldato for the place.

It waa rumored today that a bill would be Introduced la tha Legislature go amending tho Polios Juatloe law 09 to give tho power of appointment to the Mayor alone. Tble may have the effect of hastening the action of tho Controller and Auditor. MAYOR LOW'S ALBANS TRIP. Mayor Low was asked to day If he had anything to say respecting bis visit to Albauy. He ropllod that all ho had to say was that be was kindly treated and much pleased with his experience there.

MARRIED By THE MATOB. Mayor Low this morning united Gotlleb Merger and Paulino lu marriage. The bride ia 23 and tbe groom 36, and koth reside at No. 382 Wallabout Btreet. Tho happy eonple went from tbe City Hall bund in hand and chitting merrily.

UNDER THE WHEELS. A Bcporter of the Preie Prcuso Run Over In East Now Yorli. 0. H. W.

Van Trotha, a representative of Frae Presti of this city, in New Lota and the outer wards of tbe alty, was thrown from a rapid transit train lu front of the Howard House, East New York, last evening, and falling under tbe wheels had both legs and one arm badly crushed. There were two cars attached to the train in charge of Couductor Albertson Crozet. It appears that tbe oollector had gotten off in accordance with the rule, and the conductor waa running both oara. Quite a number of people left the ears at the Howard House. Troths was the last one to start ont.

Tbe conductor evidently did not see him, for he started the train before he had time to get off. Trotha felt tho train moving and tried to turn back on the car when his foot caught in the rail that holds the step ia position, and ha waa thrown off beneBth the rear car. A passenger saw bini fall and had presence of mind enough to pull tbe bell cord for tho train to stop, so that only the front wboela passed over him. He waa taken into the Howard House, and from there waa removed to the City Hospital, In the New Lots ambn 1 lanoe. He will probably die.

He is a very intelligent young man and highly valued by bis employer. He Is unmarried. THE GEKHAN FLOOD SUFFERERS. Aid Received and Contributions Still Pouring In. Brblik, February 1.

The President of the Belchstag acknowledges the receipt of a farther Bum of 50,000 marks from New Yoik for the relief of sufferers by the inundations in Germany. Toledo, 0., February 1. Tblrty thrae hnndred dollar have been raised here for tbe German sufferers. OBnUARi Benjamin Tracr Benjamin Tracy, father of General Tracy, died yesterday at Owego, Tioga County, of which place he waa one ot tbe oldest inhabitants. He waa 87 years of age, and Borved in tke war of 1312.

He waa for several years magistrate in the dlatrlot in which lie livsd, and waa highly respected. BODBERIKS. Tho list of robberies reported by the police as having ocourred yesterday is as follows Two doormats, one from the vestibule of Health Commissioner Raymond's houBe, and the other from Mra. Beecher'e residence, Nos. 173 and 178 Joralemon atreet reapoc llvoly.

Silverware and Jewelry valued at $10 was stolen from Bra. Charlotte Duryea'e resldeuee, No. 605 Carroll street. From tile bouse of Stephen Seaman, No. 493 Clinton avenue, thieves took $09 worth ol jewelry.

They gained access to tbe rooms by climbing to the sesond story window. While Mr. Charles U. Vail, of No. 393 Congress street, was at supper last night, tha servant waa called to answer a 'ring at tbe door.

She found a young man there who said he bad a book for Mr. Vail, and he desired the servant to take it down and see if it would suit. While she was gone he stola from the hatrack a boy's oTorobat, a polo cap, a silk umbrella and two pairs of gloves, all valued at $20. The book whioh he sent down was, of course, worthless. This is the latest dodge in the sneak thUviug line.

John Farrell, aged 23, was arrested last night for stealing $6 from his father, James Farrell, of No. 44 Fourth street. A trunk containing old clothes and books was stolen from the yard of A. P. Johnson's residence, No.

188 Johnson street. A thief entered tb rear basement window, whioh was unfastened, of Mrs. Mary Koech'e residence. No, 660 Eosolusko street, last night, and stole Jewelry and ttlothing worth $110, THURSDAY EVENING. FEBRUARY 1, 1883.

TELEGRAMS. A. JDixel with. Axes in Mexico. A "Fair Trial" Fund for the Irish Con splrators The Emperor of Russia to be Crowned flay 27 to Parnsru.iy to Get Kid of Synagogues and Bourses Scandal in High Life.

Denvbb, February 1. At 8ocorro, N. yoalordsy, Sheriff Simpson brought to town a mangled Moxtean aa prisoner. He was ono of tho parties wUo took part iu a terrible due near tula place on tbe night previous. Ho and another Mexican bad been paying attention to tbe same lrl.

In order to settle their claims to tho girl they looked themselves in a room and went at each other with axes. Tho man who was brought In to town bad choppod his rival in a horrible manner, severing his head from tits body, while he hlmsolf Is terribly cut tip and cannot live. Tlie Peace of Europe. Beblin, February 1. Tho Cross (t'azrttc says: "The favorable Impression which tho visit to Vienna of M.

de Glers, the Russian Forolgn Mlui6tor, had produced Is clearly reflected In the general cairn which has eusuod, when it Is peroolvcd that tho Powers intend to make an effort to preserve the peace of Europe." German'. Beblin, February 1. Horr Forsler, the most representative Jew baiUsr after Ilerr Stoecker and tho ehief promoter of tho celebrated pstiiion to Prince Bismarck against the Jews, with a Bniul band of adherents has Btortcd for Paraguay Co fouud a uow Deutschland where synagogues aro to be forbidden and bourses unknown. 1'lic Business failure at BiimIc. Beklih, February 1.

Swiss newspapers aunounce that tho firm engaged In tho iron trade at Basle, whose failure was reported on Monday is Paraviciui and that their liabill. ties amount to several million pounds. The Alleged C'ouspiratoru ill Ireland. Lokdov, February 1. A eommittee of Irishmen has been formed In London to colleoi a "fair trial fund" for tho bonefit of the prisoners charged with conspiring to murder government officials, now undergoing examination in Dublin.

An appeal, which is to he distributed at the doors of the Catholic ohurches, calls upon the Irish to find funds with wbioh to combat the testimony of epics aud informer. H'lic Emperor of Ruuiiiii'si Coronation. I.OSDUN', February 1. A dispatch dated at Tiiait to tho Kxcuango Telegraph Company says "The Czar aud Czarina will proceed in tho middle of April to and will bo solemnly cousoorated at the Cathedral of Our Saviour by two Metropolitan Archbishops, assisted by about twelve Bishops. The date of tho coronation is dually fixed for tho 27th of May." itiisiuc an Eailiirn, Loniiox, February 1.

Tbe Dtiilp Vowi, in its financial nrticlo soya "The St. Petersburg bunking house of Jacohsou is reported an having suspended. Small provincial capitalists will be mainly affected." Franco. I'akis, February 1. M.

do Maby, Minister of Agriculture, has bsen pro visionary intrusted with tho direction of tho Ministry of Marino. in ESitrJi Life. London, February 1. The Queen's Bench Division to day prautml a rule tiisi for a criminal libel unainst the proprietor of the World, at tho suit of the Far! of Lonsdale. The alleged libel consisted in a htid in tho IforW which the Earl of Lonedalu contends was intended to indicate bini as tho person who recently eloped with a young Udy.

13 I IV oil tsidutctl. Washington, February 1. Henry A. Boweu was indicted this morning. JBal Factory ISnrned at BniunsroRT, February 1.

Laoy Downs' fur hat factory at Daubury was totally destroyed by tire ltii 1 morning, with its contents. Tho Iobs is about against which there in $13,000 insurance. The liro is supposed to have bosu the work of an lucendiary. Firo ill Kaunas City, Dlo. Kansas Citv.

February 1. A Are last night in tlte cracker factory of Leonard Cook at No. 108 West Fifth treot, and In tho bag faotory of the Kansas City Bag adjolniug, eausod a loss of William Hooker, a fireman, was struck by a tailing wall and seriously injured. Fire ut Juniata, Neb. OiiAiu, February 1.

A flroat Juuiatn, yesterday, dOBtroyed five business bonees, tho total damage amounting to $20,000. C.rand l.odffe of Quebec in Session. QrF.MKC, February Tho Grand Lodije ol Quebec, A. F. A.

M. ib in ses Biou here. E. 15. Johnston, of Htaustcad, has been elected Grand Master.

Tlio Quebec Carnival. February 1. The carnival wound up very surcotsfully last night with a parnje by tho S'lO' Bhoo clubs in costumo and by torchlight, hcadol by Indians, who dance 1 war dances on the cspl.ii.rli anil i brilliant display ot tiro workn and in the piwvu.v an immenso crowd of Bpeotjtor3. Tjikniok, N. Fobruary 1.

Bamuel OuBliman, ot Noirark, who pleadod guilty to a charge of pacing counterfeit money, has beon sentenced to tho Siale l'rioa for six months and to pay a fine of Powder Mill Kxplosion. Boston, Fobruary 1, Early this morning Whool Mill No. 4, of tho American Powder Company's works at Acton, ex ploaded with a terrible crash, shaking the dwolliug Boubos for many miles around, aud demolishing tha wooden frame building in wbioh tho mill was located, as well as damaging other buildings of the company. workmen were killed or injured. Tho mill will probably be Immediately rebuilt.

Tho loss is considerable. Woilt Suspended In Coal mines. Halifax. N. Fobruary 1.

Work has been suspended iu tho tit. Mai tin coal mines tn uco of the recent cavo in of the surface in the vicinity of the old Dulbousle pit, THE FROSTY TIDE Flowing Hapidlv in from the West Thermometers in a Jeicraliy Depressed Condition. "kw York, February 1 10 A. M. The cold wave will extend over tho Middle, South Atlantic and New Knglaud BtxteB to day.

Tho temperature this morning Ib lower than 10 degrees above eero west of Pennsylvania and North of the Ohio Etver. North aud west ol Chicago It is much below zoro and has fallen rapidly. The followiagaro reported: Bt. Vincent, and Fort Garry, Man 20 degrees below zerj. St.

Paul, 20 degrees below aoro a fall of 17 decrees iu pant 21 hours. Dululli, 25 degrees below zoro a Tall of 29 degrooo in past 2i Biomarck, 21 degress below zero a fall of 17 degrees in past 2i hours. Milwaukee, li degrees below zoro La Crosse, WK, 18 degroos bulow zero. Chicago, 8 degrees below zoro a fall of 11 degrees lu past 24 hours. Indianapolis, 8 degrees abovo zero a Jail of 14 degrees In past 24 hours.

Cincinnati, 10 degrees above aero a fall of 11 dog roes In past 21 hours. Itocheater, N. 12 degrees above zoro; a fall of 23 degrees iu past 21 hoars, Buffalo, N. 11 degrees above zero a fall oflO degrees in paat 21 hours. Lowest temperature In this city last night, 28 degrees a fall of 8 degrees.

Minneapolis, February 1. Tho blizzard of Tuesday has boon succooded by clear told woathcr, tho thermomelor dropping to 14 degrees below zero Tuesday r.ight, while last night It was 25 degrees below hero, Iteporta from outside points in' Hota and Minnesota show a temperaturo of from 10 to 'M degroos below zero. At St. Vincent, yesterday, the thermometer dropped from 2 degrees below to 30 degrees below In six hours. The cilu has nolldlfled the Buow, making the work of opining blockaded railroads much hnnior, but trains are beginning to move.

To somo extent tho raiiro i v.ro prepared for a hard Winter, Bo that littL' HtiflVring fur want of fuel and provisions has been felt, UhmirIi there may be some yet before the end of February, which Is usually a hard month hare. THE WEATHER. PBOBAlilLTTIBa. WAtHiuotos, D. C.

Fobruary 1, For Now England and tbe Middle Atlantic States, eoldor and generally loir weather, northerly to west, erly winds, higher barometer. BKCORD OT THE THBBMO.MBTEB. The following is the record of the thermometer iept at the Brooklyn Dau.t Eaoli; office A 32 10 A. 28 Jt si ia so ba.S::::::::::: sp Avanwo tompsrature to dny. SOfi AveraBO temperature siune naw last year 84)e men WATKii.

The following is tbe offloiol aanonncemeat of the time and duration of high water Now York and Sandy Hook for to morrow, February A. U. P. Dura'n of Timi. tluisLt.

Kise. Fall, U.M. 1 HM. Feet. I1 CM.

I H.M. gandjKoolt I 2.35 3:39 3.3 SO i 'J or, i (i eM 6:11 A SALOON KItillT. Adolplms Worm), of No. 57 Cook street, In nvpr.trtf in a OU McKibben Btroet, had somo words with Folii Meyer, of No. 40 Uoertim street, and struck tbo latter several blowa on tbo face with the blade of a Jackknlfe, inflicting severe wounds.

Bloom waa arrested for felonious assault fad nill be txaffiiuod Justice Naghor, the towor wait for ten years, at whioh time the question can bo taken up aud then, If doomed ad visadle, can be determined upon. The most expensive piece of work yet to bo done is that of the approach upon tbe eastern side. The plans havo not boon deter mined upon. Mr. Eldlitz has a magnificent conception, it ie undoratood, but one which will require an outlay of at least three millions.

Whether It will bo deemed advisable Is yet to be Bottled, and it is true that the Stato could well afford, eluca It has expended so much money on tbo building propor and baa made so magnificent a Btruoture, to build au npproaoh that wll be worthy of it, even at these figures. But whatevor be the plans adopted or the cost entailed let the end be within tbe next two years. The Railroad Commissioners are to moot each other to morrow. Mr, O'Donnoll qualified and took the oath to day. Mr, Kornau arrlvod from Utica this afternoon, and Mr.

Rogers Ib expected to morrow. It la believed tbey will get under way at onco. The Game Law Comnitteee will hold a session on Tuesday afternoon to hear arguments on the Town eond bill, This measure ia radical In somo of its provisions, and should outlet tho attention of the Brook lyn sportsmen, who have in the past made their iufiu ouoo felt. Seacoal. ALLEGED ARSON.

An Important Arrest Mado This Morning Following Ip an Incendiary Fire Wblch Occurred Over a Year Ago. On the night of December 24, 1881, a fire ocenrred In the sash and blind factory of Mr. Lucas, at Nos. 40 and 42 Hall street, resulting In a loss of $3,000. Tho investigation on the part of the Firo Marshal and tho Police authorities left no doubt that the fire was of Incendiary origin, and suspicion was directed to a young man named Patrick Kelly, of No, iS Hall street, who had been In Mr.

Lucas' employment but had beon discharged a short tlmo previous. It was ascertained that Eolly aud Christopher FInlay aged 18 years, had boon tn tha yard of the factory a few minutes before tbe firo broke out. While tho police of tho Fourth Product, however, were Investigating tho matter FInlay disappeared, and no evidence could be obtained sufficient to justify the arrest of Kelly. Yenterday It waa discovered that young FInlay bad returned to tbe city, and Dcteotives Price and Shandley at onco set to work on tho case aud last night brought Finlay to tho Myrtle avenue station. Tho boy slated that be and Eolly wore lu tho yard on the night of the fire; that Eelly gathered up a lot of straw and throw It in ono of the open windows.

"What aro you going to do?" aBked FInlay. "I'm going to aot fira to tho plajA' Bald Kelly' botold him not to do bo, but that bo said ho would do bIHIs uu to get square with Lucas because be owed him some money. Finlay eaya that Kelly thon wout into tho window, set firo to the straw aud scattered it around the factory and that both of them thou went away. FInlay says furtbor, tbat Kelly threatened to kill him if he said anything about the mattor, and that ho forced him to go away, Finlay having mado this statement was hold as a witness, and Kolly was arrested this morning by Detoctlvo Shandley. His story Is that he and Finlay were asleep in tbe factory wbon tbo fire broke out, and tbat he knows nothing of the manner in which It occurred.

The dotootives suspect that Kelly took part in other Incendiary fireBln tho Fourth Preolnot. Justice Walsh held the accused for examination, INDIGNANT. The School Teachers Over Mr. Clancy's Injunction. A Chance to Give the Principals a Lesson.

The Petition on Behalf of Miss Humphreys Tho Memorial to the Major. Considerable indignation is manifested by the publio school teachers who will loao a day's pay If Mr. Clhuoy's Injunction is mada permanent. Mr. Clanoy Is a member of tho Board of Education and bo has always strenuously opposed tbe closing of the echoolB upon other than strictly legal holidays.

Tbe Ohrlstmas holidays, so far as tho sohools wero concerned, came to a olose on tho second of January that is to say tho schools wero to be oponod on that day. Some or the members of tbe Board desired to have the reopening deterred until the 3rd of January, so tbat tho teachers might be enabled to take tbe privileges supposed tu come with Ladles' day. A resolution extending tho holidays until tbo third was presented and, on motion, tabled, so that there was not the faintest shadow of authority for keoping tho schools closed upon that day. Some of the principals however, appear to havo takon tho matter into tbelr own hands, and they are likely to got into trouble for this sssumptlon of authority. A circular is to be sent to each principal, calling upon him to furnish imformation from whioh tbo Board can see who has undertaken to go beyond the ordors ot the Board.

It will bo Beon, therefore, that Mr, Clancy ia by no moans without justification for the courso ho has pursued, but it ia doubtful whether the Injunction will be made permanent, tho defense vory generally being thot tho teaehors coucornod prosonted themselves for service on Lidlea' day aud wero Informed that the sobools would not bo oponod. This proxouta tion Is hold In law aa being equivalent to the sorvico itself, so that tho hardship to the teachers Is not likely to exceed that which Is Involved In being temporarily kept out of their monoy iu conssquonoa of law's delays. In the meantime Mr. Clanoy goes a little further. He claims to have material at bis disposal whioh will rondor it vory eo6y to glvo the principals a salutary lesson, Somo of tbo schools, ho says, wero closed for several days tn advance of tho Chrlctma8 holidays, and if this provoB to bo tbo caBO a very unwarrantable, not to say Impertinent, proceeding on tbe part of the prloolpals interested cau be shown.

Whon tbo Information olludod to la In tho hands of tho Board it will bo mado tho basis of action which is not Ilkoly to bs mleunderctood. Mr. Dana, chairman of tho Law Committee, will take up tho caso of the teachers In court aud Is sanguine or securing the vacation ot the injunction. A PETITION DENIED. At a meeting of the Teachers' Committee, held at tbe headquarters of the Board in Red Hook lone last evening, tbe petition for tbo appointment of Mlsa Humphreye as associate superintendent came up for consideration.

It ia vory exteiislvoly signed, being indorsed with the nomea of somo of tho most promlnont roeldents of the city. Dr. Doano reminded the Teachers Commlitoa tbat tho Bosrd oould not, at its discretion, laoreaee tho number of its superintendents. Uudor the law thoy bad power to appoint a superintendent aud two associates, and as they had already doue so their authority iu this direction was exhausted, He moved tbat the prayer of the petitioners be thorsforo denied, and Jifs motion was adopted. It Is not unlikely, howovor, that the Board will have an opportunity to consider tho claims of Miss Humphreys without the law balng a stumbling block to favorable aotlon.

A spooial commit too Of five is to discuss the advisability of. relieving Mr. Bulkloy of blB work In connection with the domination of pnblio bcuooIb. If hols deemed to have beoomo incapacitated for tho peformance of of hfs unotions In this direction. It oan scarcely be argued with any consistency that he is equal to the other duties connected with the Office, so taat tho probable result of tbo inquiry will be his retirement.

In this event thore will bo an opportunity for advocating the causa or Miss Humphreys. THE MBMOItlAL TO THE MAYOB. The memorial Bent to tho Mayor by cltiaons of the Blxtoenth Ward la tho cause or a good deal or dlsouB alon among the raembors of the Board. Tboso who aignod it, and who favor the erection of a now school in Humboldt street, base their complaint to the Mayor upon the action of tho Board In adopting the following Resolved, That the action of tbe board to be found on page iM of the printed minutes in relation to tbe purchase of property on Humboldt Btreet be recon "'your committees further recommend that five lots of ground upon Ellory street bo purcheaod for the sum of $3,260. as a site for a new primary buildlug, to relieve Publio Schools Nos.

21 and 24. Mr. Harkness in conversation with au EaatH reporter this morning Bald "Among other things the memorialists Bay 'Against earnest protests of our representatives in tbo Board of Education tho site cboson in tho Sixteenth Ward by tbo propor committee of the Board was abandoned after a covenant had been mado for tbe purchase This ie simply not the case. In the first place, the Sixteenth Ward haa no ropresentativea the Board. The members do not take their seats aa coming from any particular ward.

They probably refor to tho gentlemen who are members of the local eommitteo of No. 21, which Is In tbo ward, and it Ib only necessary to say that the proposition to abandon the Humboldt strsot alto waa supported by that oommlttee. Two ol tho names are attaobed to the report favoring the purchase of the Ellery street site. There are Borne other misstatements In the memorial, but it Ib enough to Bay that those members of the board directly identified with tho schoola in the neighborhood indorsed the position which we took, and whioh can easily be vindicated." Tne total amount covered by tbe Injunction io about $1,000, and tbe principals claim tbat they had ample authority for the dosing of the sohools on the day after New Years's from tbelr Local Committees, BASlIilAN AS80C1AH0S. The entertainment to be given at the Academy of Muslo this evening by the Busillan Association promises to be of uautsual excellence.

The mBabers ot the association are. young ladles and geutlemea connected with the aehool of St Jamos' Cathedral on Pearl street, and under the supervision of Brother Tatiau have devel oped dramatic talent of a higher order thou is usually lounfl in amateur dramatla companies. This evening they will present Douglas Jerrold'a three act drama tha "Bent Day, with a cast which includes all tho available talent of tba company. Professor Cornu will act aa condustor and Pro fessor Bloom as stage manager and a very enjoyable entertainment can be confidently anticljtod. HEW IOBK CflUBCH CH018 COS PAST.

To morrow (Friday) evening the Now York Choir company will occupy tha stsga in Irving Hall, on Gatoa avenue, and afford the residonts of that soc tiou of the city an oppottunlty to wltneas an admirable presentation of Gilbert and Sullivan's popular opera "Patloaos." There will, no doubt, bo toll House, toe Legislature and the ordinance mauo oy tno uommon Council in pursuance of It wero valid. Judgment for defendant, on demurrer with coats. THE CABINET. Rumored Resignation of Secretary Frcltogiiuysen. A Largo aud Atwy Lobby Somo Very Ugly liumors Au Expensive Quiniuo Pill Administered to the Tariff Commission Warm Work In tho House.

Special to the Eagle. Washington, February 1. There is a rumor current boro this morning that Secretary Frolinghuysou propoaos to roslgn on account of ill health. He has been conflued to his house fur Borne time, aud Is unable to got down stairs. In the event of this resignation It Is said that Mr.

Wiudoin will succeed Mr. Frelingliuysen as Socrotary of State. Mr. Windoru is probably defeated iu MinnoBota for tho Seuatorship, and his appointment, if made, would come iu tbe nick of time. He Is goutleman of culture and ripe scholastic attainments, besides being wealthy.

Thero Is likely to bo plenty of music in tho air be foio Congress disposes of tho Tariff question. All kimlH of ugly tilings are being said by thu lobbyists of one interest against tho lobbyists of other interests, and chorgos of corruption, brlbory aud things lu that line aro being circulated vory freely about the Capitol. The latost Is that tbo qululne manufacturers, who wero so terribly crushed by tho llouso yesterday In its rofueal to take quinine from the free list, intend to show up some of the secrets of the Tariff Commission. Humor has it that tho quinine maunfaoturers wuro led to believo that Ihe Tariff Commission oould take quiuiuo from the free list if they would pay $20,000, and that tho quinine men had to pay $10,000 of tho money down. This iB a sample of tho stories in clrculalion.

They tlnd believers, for tbo improssion always has been that thore is plonty of money flying round when a Tariff bill Is nuder discussion. KudoueoB are not waiitlui; to show that the Uepub licau4 will not bo able to poll their own vote on the more vital points in the tariff bill. Tho injustice of tbu measure in certain Instances Is 60 gross that the inure or fair minded members of the party will not adhore to It. Kasson, of Iowa, a prominant Bepublican, Bided with tba Democrats this mornlug In a strong speceh favoring a reduction of tha duty on acetate of lead from fonr to three cents per pound. Ho was applauded by the Democratic members Bedford, of Colorado, who Ib known in Congress aa "The Roaring llajah of the Rochios," opposed tho reduction iu a violent speech, in which ho vigorously pounded his dCBk and Bhook his net under Reason's noae.

The amendmont will undoubted be rejected. Tha Houbo has decided to loavo copperas on the freo list. Messrs. Norcross, of Massachusetts Couvorao, of Ohio, and Brlggo, of New Hampshire, a sub Committee of the Hnuso Judiciary Committee, will give a boar ing to morrow to all parties interested In tho adoption of uniform ballot boxed to bo used at all Federal elections. The gentloinon who appeared before Election Committee of tho Senato reoontly will present the Bamo arguments again.

Tho Secretary of the Treasury la expeoted to issue a bond call this afternoon for f.15,000,000. Colonel Broome, of tho Brooklyn Navy Yard, is la tho city. A. O. B.

KATE CLAXTON'S ILLNESS. The. Aclrqss II as to Cancel tier Engage nieiit at the Park TUcater. Mifis Kate Claxtou will not bo seen in the role of Loufnn iu the Two Orphans at the Park Theater any moro durlog Ibo wook. Her illness assumed such a serioiiB Bhapo last evening that Bho was forced to givo up hoc engagement, and her part will be assumed by MiBs Drako.

Miss Olaxtou was unable to appear on Monday, but on Tuesday evening abo made a heroic effort, In spite of her weakness aud severo suffering, to struggle through the part. At tho matinee, yesterday afternoon, Bho again appsared, but so exhausted what little strength was left, that sho fainted two or three timos before play came to a closo. She had to be carried to the dressing room, and Dr. Qillotto was auoimoned and positively forbade her return to tbe stage in ibo evening. At 10 o'olook she was removed from tho theater to her residence, corner Fourteenth strcot and Seventh avenue, New York.

As her removal in a carriage might bo attended with serious consequences. Commissioner Raymond, at the request of her medical attendant, placed aa am bulanco at her disposal. HONEY MARKET. Walt, Street, February 13 P. U.

Among the sales this aftornoon wore New York, Chicago and St. Louis let, Hocking Valloy 1st, B4 Tennessee mixed, 45 Utah Southern exiendod, 100 If. S. ooupon, 113 coupon, 119 3k, lOlJJalOtX Missouri Faciha 1st, 10:) Central 6s, 80 Metropolitan 1st, Northwest S. F.

us, 100J Manitoba 2nd, 109 Texas Pacifio, Uio dlv BOJi Arkansas Central Railroad, 20s25 St. Paul 7.80a, 122 Oregon Bhort lino, 9T. Chicago, Burlington and Qulney 7s, 127. Tbo Exchange market Is dull and barely ateady, with Bight and cablea.the woakcec. Bankers look tor lower rates by reason of the aeenmnlatlon ot cotton and produco bills, which will at least prevent a rise.

Central Pacific railroad offlolals in tbts olty say that thore Is no foundation for telegraphed from San FroDolBoo that a Buit bad been brought by the Attorney General of California for non performance of contracts aa to carrying pauper, lunatics and convicts. These are carried when offered, but the 8tate his moved tha penitentiaries and asylums off the Hue ol the road. Tho Vandorbilt managers do not credit the report that the Canadian government Intends to Interfere with tho Michigan Central and Canada Southern agreement, which la simply a traffic arrangement ond In no sense a lease, ond henoe does not como within the provisions of tha low prohibiting loasos. Stocks wore unsettled between calls by minors aub spqueutly doniod, that Mr. Vandorbilt was 111.

At tha call thro won a recovery aided by tbe covering of bort contracts by Ihe traderB, aud tho market waa steady until tho late trade, when it became Irregular. SIB U. Stocks wore Irregular at tho close. Tho following taolo shows the coarse ot tho atook market for this day: 2:45 P.M. Cloeltu.

pTm 82)4 534 i2 08 38 80 93 WJH 125 ISO 123 120.4 ii 85)4 81 x'y, 108 48 140 Ouenlm. WoOa sii raoiBo 33 Wabasa p.vierou. Central and I' iiti Canada so'ituern Krw Be pioleiraa 80 Union 1'aciho BOH Late Shore t0! Morns TOO Dal. lAik. 4 Wusl'n.

I25J4 Kortcwowrn 1314 IfiCbBSt 33 53 634 30 80 BBi nil' ltd 123K 108 120 a an 80 R2 402 atiri 10Hk 48 140X Lowest 32.S 53 87 fi 38 80 08M viik I20H HSSi 12a 105 J4 120t aa 88" 81 107 47 ltd Nonnwesiora Ho Hock laiana St. Paul bt p.h Ouionno New jenev oeuirae hatmiiial and St Joe. llanmoal St .1 nroL Weston iaion PacihoMan I'. ADO. 1.

MIMiiizan 123J4 osu 120 72 86" 82 4034 iludsun Denvei a Kio uiande 484 Illinois wnixai atannatiao Elevated N. Y. Klovatea Metropolitan Klovat'd UortUera Conner facitio ofd. Mo. Kan I'xaa MisaouTi PaoIUo Louisville iNaanville Keadin; N.

On. West'n. St. Paul Omaha Bt raul Cent mi Ohio Central Laki ftria JC IVcstern. Pourn, Hen.

Texa Pf ittc 40.5i S5 SM'i 103 574 SSI4 2llj 49 W1H 8S I2 2.L4 49J, Ho 32i 57J4 S5K isa 107 S3J 124 2H 21 14 S9 liizi 11 29 03 48i 84X 31 102 MM 54 it 26 7 106 U2Ji VZH 2 son 122 12H 29 49 84) 57 64 2H a loax 83K 12 2a 34 39H 62 122 UH 28 Jt 63 OhaUanmia izii( N. tihieaao A Sv 12X 63 N. V. Obi A SI pld. Loop Island Bid..