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

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

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Brooklyn, New York
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6
Extracted Article Text (OCR)

HUSIC AND THE DRAMA. THE POLITICAL SHOOTING. CARTMEN. 11 OKI CHI TIM. VS.

2MOKY CIIIMNIIYX m'p AFFINITIES. aSS' ja.iKmiMil of (iir clojure and sal, made mi Mary of iu igmenl date the 24lh waMjm fails 0 COURT NEWS. Hloulton to Arrnigurd on Monday. A STABBING AFFRAY. A Ilotv Over a t.nnio Cards in a Doughty Street Liquor Store.

James Dillon of No. 150 Prospect street, and Peter Flannigan, of No. 12 Vine street, had a row last evening, which resulted in Flannigan being stabbed in tho loft shoulder and arm by Dillon, who used a small pocket knife as a weapon. It seems that Dillon and Flannigan were both playing cards in O'Brien's liquor store, at the corner of Doughty street and Columbia. At tbe close of one of the games a row occurred, Flannigan claiming that Dillon had cheated him.

The two players fought over the matter and Flannigan, it is said, knocked Dillon down, upon which Dillon drew his pocket knife and stabbed Flannigan, as listed. Dillon was brought before Justice Walsh this morning, a charge of felonious assault was mads against bim and ho pleaded not guilty. He stands committed to Ray mond Btreet jail to await an examination. He gave hi version of the affair to the Eaols reporter aa follows I was playing cards with Flannigan in O'Brien's liquor store and I beat him and he didn't want to own up to it, ao for an excuse to kick up a row he said to mo, "You had a fight with my brother yesterday, didnt you?" I told him yas, and that I had licked him, too. He said that I couldn't lick him, and then told me to clear out or the store, or he would lick me.

I said to O'Brien, "O'Brien, do you want me to go ont of tbe Btore?" Ho didn't answer me, but Flannigan went for me, so I got out. I walked up two or three streets to get away from him, but he followed me, and at last knocked mo down. Then I pulled out the bit of a knifo and stuck bim twice. The wounds on Flannigan are very slight. Both Dillon and Flannigan are young fellows of eighteen or nineteen, Conflicting Testimony as to Who Fired the Fatal Shot.

The political affray in the Twenty first Ward of New York on election day by which John Mc Eenna lost his life, continues to cause much excitement and ill feeling among the adherents of the respective participants therein, and the reault of the proceeding! before the Coroner is looked for with great interest by the general public. Yesterday James O'Brien, Wm. H. Borst, and J. Costello surrendered themselves, and were admitted to bail in $1,000 each to appear at the Inquest on Honday next.

Sheridan Shook is the bondsman for O'Brien and Borst, and James McQorern, of Pearl street, for Costello. The funeral of McKeuna took place In the afternoon. O'Brien was in the house for a few momenta, and over five bundred persona and about fifty carriages followed the body lo the grave in Cal vary Cemetery, THE INQUEST. Police Sergeant Bandall, il ia eald, is prepared to testify on the inquest that McKenna declared that he bad been ahot by Croker and Sergeant Christie will awear that when O'Brien entered the police station he did not at flrat complain that Croker had assaulted him, but accused the Coroner of shooting McKenna. Deputy Coroner McWhinnie says that the character of (broker's witnesses will satisfy the jury that Croker ia innocent.

He adds that no one can truthfully testify that Croker had a pistol or that he fired at McKenna. He characterizes the work of the O'Brionitcs aa a conspiracy, and adds that all the reputable inhabitants of the Twenty first Ward will stand by Croker, and swear that they would not believe ex Senator O'Brien under oatb. HOW THE TROUBLE ABOSE. Croker and O'Brien were warm friends up to the charter election in the spring of 1870. They were playmates in boyhood, and when they became young men both joined the same fire company, old Volunteer Engine No.

12, in Eat Thirty third street. When O'Brien began to dabble in polities, about 1805, Croker threw up his place as machinist in the old railroad round house in Fourth avenue, and made it his business to support his brother fireman. In the Fall of 1807, O'Brien' having been chosen Sheriff, resigned his office aa Alderman of the Fifteenth District, and in the following year he had Croker elected to tho vacant seat in the Board; but tbe latter was not permitted to act as Alderman until after O'Brien's resignation the next year. A coolness sprang up between Croker and O'Brien over tho place as Alderman, but the difficulty was straightened by Croker's receiving the warrant for tho salary, amounting to which he had cashed by Sol Mehrbaoh, one of the young Democracy. Croker paid $1,000 discount.

In the Fall of 1889 Croker was elected Alderman for a new term, but he hold the place only five months, being legislated out by Tweed. There was an election for a now Board in May, 1870, and Croker expected to get the nomination for the seat from which he had juBt been ousted. He relied on O'Brien to help him get it, but his friends say that tbe latter went to ex Controller Connolly, who controlled the nomination, and told him to give it to Bernard O'Neill, one of his Deputy Sheriffs. They say that O'Brien pledged himself to Croker and that it wae the discovery of his bad faith that turned the latter against him. Croker subsequently fought hard to ouBt O'Brien from hiB leadership in the Twenty first Ward.

He started tbe Tammany Association in Eoat Thirty first street to oppose O'Brien's organization, tbe Jackson Club of ILexington avenue. In the Fall of 1870, O'Brien was the Reform candidate for the State Senate, running against the Hon. John J. Bradley, the Tammany nominee. Crocker was Bradley's manager in the Twenty first Ward, and worked night and day to defeat O'Brien.

The feeling ran very high, and there wore Bcvoral fierce fights between the partisans of the two men. THE HIOKET BBOTHEBS, who were with Croker on Tuesday, wero staunch champions of O'Brien for a long time. When O'Brien left the Sheriffe office he had Hickey appointed to hia prosent position aa assistant clerk of tbo Superior Court. He seceded from O'Brien after he lost hid power, and went over to Croker. THE SWEDENCORGIAN FAIR.

Noted on the Display at the Atheiioiiiu. Last evening the Brooklyn Atheueum, gaily decorated with nags and banners, was tbe scene of a brilliant pageant, namely, tho fair held by the ladies of the Church of tho Now Jerusalem. This fair has been in operation two nights, and will probably close this, ita third evening. It ia exceedingly attractive and original in its conceptions, and is pleosanter in many respects than eemo of ita predecessors, thcro being none of that unpleasant importunity, that persdBt ent following one up to foroe purchase of useless articles, so exceedingly annoying to tho visitor of such places, tho lady proprietors of the various booths politely leaving it to one's own Judgment to decide whether he shall purchase or pass by. On ontering tbe finely lighted room the most striking object indeed, tho centre of attraction is tho Floral Temple, ita pagoda shaped roof of foliage, lace, and flowers being prettily illuminated by colored lanterns BUBponded within arranged with exquisite taste ferns, grasses and ruddy autumn leaves aro gronped between the supporting pillars rare tropical plants, graceful festoons of Ivy, and wreaths of smilax, with its tender green, set off to advantage the "piled gorgcons ness" of roaeB, lilies, heliotropes, carnations, and violets.

Within this temple of beauty three lovely young girls arc engaged in arranging, tying up and Belling knots of flowers, "themselves tho fairer flowers." Aromd this bower like so many butterflies and beeB hover the merry maidens and youths of the congregation, at tracted by the fragrance and honied Bmiles of the fair flower merchants. One of tho visitor's first duties ia to pay suitable tribute to the deities of this temple of Flora, and one comes away amply repaid in the dossobh ion of ah exquisitely grori60 bouquet of oarnations. rosea and a with misty smilax. In the backgro'ndf the Btagt of the Atheneum iB converted Into supper hall or room; in this direction circulate at i early hour that portion of the congregation In whose eyes a lobster salad and fried oysters have finer Bavor, and a roasted turkey fairer proportiona than ever had fairest flower; not that the younger members are proof against tilt charms of the festive board. Later in tha evening it will assert ita power over them, and jellies, creams, and cake, will vanish like dew before tbe aun.

To tbe right, the first booth attracting one's notice 1b THE ITALIAN, above it draped the colors of sunny Italy. Here preside two dark eyed ladles one arrayed In black velvet and pearls, the other in an elegant Venetian costume of flowered brocade, with square out corsage and long train, elaborate trimmings of gold bice and appropriate jewels. The goods displayed at this stand consist of bronzes, statuettes tn marble and alabaster, vases, water color paintings and chromos. Next in order is THE SCANDINAVIAN BOOTH, over which float the flaga of Norway and Sweden three young ladies in peasant dresses of these oountrios pleasantly call your attention to their handsome specimens of fancy work in tho way of chair and ottomon covers, slipper bags, handkerchief cases, etc. Next in order THE FBENOH BOOTH displays lovely embroideries, dainty whatnots in ribbons and laces, flowers, fringes and beads.

Neighbor to this appears tho German booth. Here all manner of knitted, crochetted and embroidered worsted work bewilders the eye and looaena puraestringB, When two or three lovely German peasant girls point smilingly to this and that specimen of handiwork, one la completely captivated, and loses his head and heart to them to the detriment of bis pocketbook. "a consummation devoutly to be wished" at fairs, by all tho fair. At the head of th6 room one approaches a long tablo covered with glassware, cut, pressed, frosted and opaque, some specimens, delicate and clear as crystal, others massive and elegantly omato. To the left is THE FIBST AMEBIOAN STAND.

Here a beautiful girl dispenses "sweets unto tho sweet' in tho ehape of delicious confectionery. Further on, Itnssia is represented by three young ladies in costumes of doth and fur; on their table a great variety of articles in BuBsiy leather attract notice. In proximity to Russia appears the Spanish booth laden with fruit; here preside two ladies in the Spanish costumo, of black silk, with tho lace mantilla and veil flowing from tbe blgb comb at the top of the head. We next approach the Swiss bazaar; here two or three pretty Swiss damsels, with white caps and black bodices, entreat your notice of their carved woodenware, toyH of overy description, glove boxes, etc. Further on, one is now under the great yellow flag and black dragon of tbo Chinese empire; hero two FAIB CELESTIALS, one clad in crimson satin embroidered with yellow, and another in a loose blue robe and full trousers, and wearing Chinese slippers, with her hair dressod a la Chinoiee, attracted considerable attention.

A number of curious specimens of articles from the ''flowery land" covered this stand and found ready salo. Last, and not least, but decidedly practical, were the English and American stands, filled with cutlery, kitchen uton ails, wearing apparel, laces, embroidery, and presided over by pretty American ladies. These completed the Main exhibition. But one must not forgot tho two side shows for the entertainment of the artistically in inclined and those of a jovial turn of mind the first the Artists' Studio, containing paintings by Bierstadt, Page, Hart and other eminent artists, a number of bronzes and other works of art; the other the world renowned Punch and Judy, furnishing amusement for young and old folk. On the whole, the fair, as an entertainment, is a success.

Let us hope that it will also be a success in a pecuniary sense; that the industry, politeness, oommon sense and tact, as well as the good taste of the ladies, may be rewarded in a manner moat pleasing to them. ST. PETER'S FAIR. The ladies of St. Peter's R.

0. Church are now holding a fair in tho hall of St. Petor's Academy, corner of Hicks and Warren streots. A very fine selection of articles is exhibited on the tables. The object of the fair Ib to provide tor the maintenance of tbe pariah school, and therefore there should be a large attendance each evening while the fair lasts.

Tho efforts of the pastor, Father Fransioli, are deserving of great commendation, and should be seconded by all who take an interest in seeing the children of the parish properly educated. A HEAVY FINE. On the afternoon of the 27th Officer Michael Devlin, of the Eighth Precinct, reported at tho Station House under the influence of liquor and asked to be excused from duty. This morning he appeared before Commissioners Brigga and Jensen and admitted that on tho afternoon in question he went out with seme friends and drank about a dozen glasses of ale, and Captain Mackellar informed the Board thai he had on a previous occasion been obliged to warn the officer against drinking to excess. He was fined ten daya' pay.

CHURCH OF OUR FATHER. This afternoon and evening a meeting and entertainment of and by the Ladies' Samaritan Circle of tho "Church of Our Father," on Olasson avenue, near Atlantic, will take place. A pleasant time it anticipated. APOLLO HALL OPENING BALL. The arrangements for the grand oivic and military ball at tbe Apollo Booms, to occur on tho 12th instant, have been completed by the various committees, and thero is every proBpect that this win excel all past effort, on tbe port of Mr.

Thomas Browne, Postmaster Talbot Is to be floor manager, and Connor and Schneider will divide, the honors as musical r.dwin Booth and Oalies Amos. After connecting Ookes Ames with John A. Dix, few expected that the next connection in which the name of the old gentleman would come up would be one purely theatrical. Yet it seems that Ames had a penchant that way a very catholic one, too. He liked Forrest personally, and he lent Edwin Booth money ou a leetla mortgage a la Coit.

It seems, too, that this mortgage is now Booth's latest hope of tho recovery of tbe theatre that still bears bis name. The heirs of Oakea Ames are unwilling to force a final sale of the theatre, and in accordance with their desire tho sale of the ruinous place was again postponed yesterday. The mortgaged debt of Edwin Booth ia 1475,000, bis other debts outside of that reach tbe handsome sum of 1225,000, making a total of 800,000. The interest on that amount would be at the legal rate $56,000. The theatre nor can be made to pay any such amount.

Mr. Booth can earn as a star nearly sixty thousand a year, half of which he would not earn with that theatro on hia hands. Eighty six thousand is therefore what it would havo to pay. Why Mr. Booth should cling to the cause of his bankruptcy when rid of it he could make a princely income, is one of tbe mysteries which no fellow can find out." His idleness this year will cost his creditors JuBt sixty thousand dollars.

"Aida." The audience at the Academy of Music last evening waa decidedly an improvement in point of nuni bersover those which recced ed it this season, tho Aca demybeing nearly three quarters filled. The opera waa well Bung throughout, though Potentini was less affective in it than in "Buy Bias." The ohorus and orchestra were in excellent training, and both Carpi and Del Puente, in excellent voice. Brooklyn Theatre. This evening Mrs. Bowers will be the recipient of a benefit at the Brooklyn Theatre.

She will appear in hor favorite role of Lady Audley. Of Mrs. Bowers' admirable performance of this part, it were a work of mere supererogation to speak, familiar as it isto all our theatre goers. The claims of Mrs. Bowers to a rousing benefit," ought no more to need statement than her Lady Audley now needs criticism.

One of the very best legitimate actresses on our stage, tho one who has most persistently refused to lend the aid of her great powers to the portrayal of modern theatrical trash, Mrs.Bowers, both as an artist and us a recognition at the hands of the public wblch we trust will this evening be profitably accorded hor. Monday, E. L. Davenport. Park.

Xbeatrc. No immodiate change of bill is announced at this thoatre, where Mr, Murphy continues his very amuBing performances of diverse phases of Irish character. On Monday evening, as already we have noticed the attractive little Lotta will commence a short engagement. Tbe Grand Sacred Concert. Seats are selling vary fast for the grand sacred concert to be given at the Academy of Music next Sunday evening.

The desire to hear the new prime Vio letta Colvllle, is heightened by the curiosity to hear the cornet of Arbuckle and Gilmore's magnificent band. Mr, G. 8impson requests that tbe Eagle mention ho Is not to aid in the eleemosynary purposes of this concert, and will not sing on Sunday evening. HANGED. A Pill Vender Sacrificed in tbe Sixth Ward.

An Eaole reporter, strolling through the lower end of the Sixth Ward late lost night, perfectly sober, noticed a strange commotion among the local patriots of that section. His first thought was that preparations wore being made to serenade the Hon. Phil Clare, who was known to have spent a magnificent fortune in striving for legislative honors from the Third District. This fancy waB speedily dissipated when tbe Hon Phil, hiinself collided with the reporter with these few remarks "Where are you going now 7" "Oh, I'm fooling around a little where are you going to 7" said the reporter. "I'm just going to tho Mercantile Library," answered Phil, "to get the latest edition ot 'Blair's "But the library is closed new," sold the reporter.

"Ha Sly you thus? But it's no matter, no matter 1" exclaimed Pbil, heavily smiting bis Ciceronian brow. "There's going to bo a little time among tho boys tonight, I hoar," be pursued. The reporter waited on. The Hon. P.

Heonan loomed ap in elegant proportions. HIS WEALTH OF DIAMONDS glistening in tbo uncertain llgbtof the gas lamps caused the reporter to blink with cayonne pepper violence. His Eohinoor, luckily for the reporter's vision, tho honorable gentleman had secreted in the refrigerator at home. The boys are going to have a little time to night," said Heenan as he mopped bis moistened brow with a handkerchief, mado up of fifty dollar bills and gazed sentimentally at the misty heavens abovo. The reporter continued his walk.

Suddenly ho heard a shout, deep, fierce and demoniacal, a wild buret of laughter tingling tbe very marrow succeeding. He hurrlod to the spot where the Pandemonio vocalist raged. A spectacle wblch caused hiB Bbirt collar to burst from its fastenings, and his bunch of keys to shiver in nrxro tbo reporter's vis ion. A telegraph pole, a lamp post, Twuiea tQmp stretched from one to the other. A figure, a human figure, dangling between heaven and earth.

A motley, boisaerous crowd surrounding, flickering lights playing weirdly upon each upturned face. "What's the matter boy?" asked the reporter of a diminutive youth with a startling expanse of breeches and who was grinning himself into an ecstasy. "Ah, do you think I'm a paddin'; don't you know it's a banging match," rejoined the adolescent in a disgustingly familiar tone. "Thot's Dr. Barnes," said a full grown man to tbe reporter.

SUBE ENOUGH Dr. Barnes sans a journalistic hat, sans the oily blackness of hia "side," sans the graceful ourvature of throat, sans everything but the straw stuffed body and head. But it was Dr. Barnes nevertheless. Oscillating, limp and with' an apologetio pose of his broom Btickcd arms, none else but the Doctor was rocking in the gentle Ward zephyrs.

Another shout like the "fearful shriek of battle in a dream" rent the air, and the reporter trembled for the safety or his suspenders. A rush was made for the pendant figure. A hundred hands reached to tear it from the rope. The reporter, thrilled with horror, averted his gaze and chewed vigorously on a handful of cloves. When the reporter turned the deed had been done.

The assassinating knife had slit the weazen of the corpse, traversed the trunk, and amputated with frightful butchery the legs. The straw burst through tho horrid gashes, aud the bloodthirsty crowd greedily feasted upon the sioken ing spectacle. Something akin to AN INDIAN WAS DANOE was performed around the mutilated medicine man, and the reporter again sought consolation indoors. As he turned to go away a ruddy glow shot up to the sky. A fieroo red light burned on the countenances of tbe Sixth Ward patriots for a briof span, tho flickering threw ghostly shadows around, then dying, tbo misty stars and expensive street lamps onoe more reigned potentates of the darkness.

Dr. Domes Barnes had been swept from mortal ken like a tender spring chicken. Like an unmuzzled dog in hydrophobia times, he had been strangled. Like a shoulder of mutton he had been carved. Like on over burnt steak he had been cremated and bis ashes caught up by every wanton breeze.

As these thoughts burned into the heart of the reporter, he ate another clove and washed away the blush of youth in tears. CRUMBS OF COMFORT. Republicans Condoling Over Their Defeats A monthly meeting of the Fifteenth Ward Republican Association, hold last night at the campaign headquarters, No. 439 Grand Btreet, was marked for the unanimity of sentiment prevailing. The disastrous defeat of Tuesday had compellod a truce between the factions, the partizan leaders of which seemed dis posed to bury the hatchet of discord and lot bygones be among the things that were.

Tho President, Mr. John Davies, was in his place, also Secretary E. D. Buckman. There being no business, under the head of routine even, Borne speech making was indulged in by various gentlemen.

Father Nixon submitted a dispatch from South Carolina) the contents of which he deemed peculiarly encouraging in these gloomy days for tho party. He thought the election of five Congressmen in that State a matter for rejoicing, and hoped the victory of the Democrats would incite the Republicans to give over their villainous practices. Mr. H. Hendrickscn deemed the defeat of his party was mainly due to the desire of tbe people for a change Hard times was at the bottom of it.

POBtmastor C. 0. Talbot remarked be felt especially proud in saying he was a Republican novor more so and he intended to stick through thick and ttuD, He regretted that the Navy Yard hud been virtually closed to the working classes, but for which fact the result in this eity, in bis belief, would have been far different. Mr, Solomon Spltzer, in tbe face of this year's defeat, prophesied a corresponding victory two years hence. Josse F.

Madden, George W. Harmer, and John Davis also spoke in a oondoling rein, and at the conclusion an adjournment waa effected. A BATCH OF ROBBERIES. No less than five young men were arraigned to day upon charges of larceny and highway robbery, before Justices Elliott and Eames, and in each instance, it appears, the accused were not professional thieves. Three of the number had formerly been at work, but hard times came and they lost their employment.

Of this class were George Jones, Wm O'Brien and Thomas Gumlsky, while the remaining two, whose names are Michael Faron and Thomas Quirby, are known as hard cases. Jones had a chance at the till of Martin Hilber's beer saloon, No. 84 Moore Btreet, from which be extracted $6, as charged by complainant. He admitted getting less than one third that amount, and was sentenced for three months. Three bags of flour was the plunder secured by Wm.

O'Brien, from the grocery store of Nicholas Droge, No. 669 Leonard street, for which Justice Elliott concluded that ninety days would suffice aa punishment. The property stolen by Thomaa Oumisky oonaisted of two common coats which the owner, Daniel McDonald, valued at $8 only. Oumisky said he had no money, and waa at a loss to know how he would got through the Winter, He received tbe sentence for six months with evident satisfaction. Faron and Qulrly were two of a trio of highwaymen who, on Wednesday night, assaulted Thomas Ely at the corner of South Sixth street and Dunhem place.

James Murray, their accomplice, was secured at the time. These young men also also robbed Mr. Ely, who at tho time, fortunately, was possessed of two dollars only. Justice Elliott will give the prisoners a hearing on Mon day, and will doubtleeB commit them for the Grand Jury. CONDITION OF GEN.

SHAURBfAN. City Auditor Nelson Shaurman, who was stricken with paralysis, continues unable to articulate, though conscious of all that is transpiring around him. His physicians Drs. Whalley, Turner and Prout are of the opinion that the patient will survive the attack, but it will bo a long time before he can attempt to perform any duty. No peraon outside tho physicians, his family and attendants are permitted to see Wm.

l.iillili' n.ld'if "lhr.f.11. ilrras and we 1 ur ad .1. vtlim.KY SO.V. mi Si'ltltOC A I NOTIt'FS. Kings, notion la herelij gin according to law all hu" Connoctlrnt, derea.d.

btfol5, City ol Brooklyn, on or c3Srah DAVID NF.1CKUS, Kiecutor. TN PURSUANCB OP AN ORDER OF lfinliH.DhYSid.IlE'I o' ha Count, of notice ia harah. xl'on acronifni; to all Mr. onharlng claims against llAHVKY 3. Kicif l.lotST,.

City of Brooklm.deceassd.that thr ars to hlblt tho same, with the Touchers tbemot, to tlio auhacrilwr at hia office, corner ot Wall and i'ronr amta, (), ((t New York, on or before tbe 18th day ot Noiombrr unit Dated May 19, 1874. mleemS JAMES S. OONNKI.I.. KiecnMr. PURSUANCE OF AN OKbliK OK William D.

Veedor. Sarrotrmt of thn nf ion, notice Ib hereby (Hen, according to law, to all nor. anntt ha vine claims twtvlcit JOHN OOSTKLLO. late, of th. City of Brooklyn, decerned.

Chat tbey are required to exhibit, tho aame, with the vouchors thereof, Co the aatiBcrlbera, th executors, at their place of transacting business, at thn office of Brewster Klsaam, 176 Broadway, In tbe City of Nw York, on or be lore the twentieth day of February next. n.tarl Atiafnat IS 74. JAMKS B. NICHOLSOX.i JAMKS UAUUKN, Exeoutors. IN PURSUANCE OF AN ORDKK OK William D.

Veedsr, Bnmwtte of the Comity of Kings, notice hereby mlnn, aocoraipf to law, to all per sonahaviog claims against SAMUKL M. HEWLKTT, U'n ol the City of Brooklyn, deceased, tbat they are required lo exhibit the same, with the Touchers thereof, to thesub sorlboniftheexFiuntors. at tberraidanceof Harriet A. lett, 113 Washington avenue, lathe Oltyof Brooklyn, on or before the 10th day of February next Dated August. Wli.

HARRIET A. HKWLKTTJ ir u.0,, au8fimS JULIAN LUCAS, KMcaiors. PUKSUANCE OF AN ORDER OF William D. Vooder, finrroaate of the Comity of logs, notice ia horoby given, according to law, to all perrons baling claims against JOHN MOORE, late of thn City of Brooklyn, decerned, that they arts required to exhibit too same, with tho vouchors thereof, to tho subscriber, tbe surviving administrator, at hi place of transacting business, at tho otUco of Clement A Crooko. HtJ Fulton street, in (tic City of Brooklyn, on or before the 1st day of Slay next.

Datod October Ifi. 1874 ot7 6nioS TIMOTHY PHALEN, AImlnlsfrtor. IN PURSUANCE OF AN ORDER OK William D. Veeder, Ksq.t Surrogate of tho County or KinirR. nntlcn in horebvfflveD.

aRroi dfriff to law. to all wr sons having claims against LKW1S APPAN, late of th City of Brooklyn, doceased, that they are required to inhibit rno samo, wHU inevoucnors inereoi, io hip snoitrrinnr, at. lit nfflfo JVn IS) RrnHihvAv. in tha Oitv of Now York, on or before tho thirtieth day ol Novembor uoxt. Dated Muy2 5, 187.

m30 6m dun A. muli. rr, itxocmor. JN PURSUANCE OF AN ORDER OF William II. Voedor, Surrogate of the Count of Inim.

nniioft in htrwhY civpn. accoroinir to law. to all Der Rons having claims against SAR AH BAXTER, tali of tha Town of Flatlnnds. deceased, that they are required to exhibit tho saiuo, with tho vouchers tbcroor, to the ntbscrtber, iiift niflfiitir. at h( ftftidnnca In tho Town nf Flatbush.

in the County of Kings, on or before the th day of January nAxt. Da.ted Julylfi, 167 1. jel8 6mS WILLIAM H. ALLtiKO, Executor. TN PURSUANCE OF AN ORDER OK William D.

Voeder, Surrogate of the County ol Klniy. nnrlrp In hnrnhr siren, acenrdina to law. to si) 1t smis having claims against DAVID SHIELDS, late otiti Town of Fjatbnsh, deceased, that they aro required to ox hiblt tbe Bame, with the vouchors thereof, to the aul criber, tbe eiecntor, at his place of transacting business, at the office of A. 4 J. Z.

Lotb, 13 Wlllonghby stroot. in tho City of Brooklyn, on or before tho second day of February nexl. Dated July 3, 1871. JJo ems iiAiifi. omrtijif.1, riiotuii i.

PURSUANCE OF AN ORDER OF William D. Veeder, Surrogate of the County of incs. notice Is hereby sfven. according to law, to all per umahavlag claims agalnstTHOMAti ARMSTRONG, lata of the City of Brooklyn, deceased, that they are required to exhibit the aame, with the vouchers thereof, to the anb scribere, the executors, at the placo of business of Andrew nzgeraia, one oi me oxocuiorH, no. i inaiuou i mm, iu uio City of New York, on or boforo the 10th day of April next.

Dated Ortobei 2, 1574. o.itim.S' WILLIAM B. BOORUM, "tutors. IN PURSUANCE OF AN ORDER OF I William D. Vooder.

Surrogate of the Conuty of Kings, notice Is hereby given, according to law, to all per iodi Thriving claims ngalnst HKINRTCH NEUS1NCRR. liio oi tno uuy oi ttruQtuyn, odcduhiu, uim iu vo required lo exhibit the samo. with tbe vouchor thereof, to tho subscriber, tho Administratrix, at her plico of residence. 40 WtKidbuU street. In the City of Brooklyn, on or before the day ol Jumuiry, 1S75.

Patod 174. Tiljl Tjair. 01 rilialari, nuiiiiiimuaiiiA. Rout. HF.SNF.n, Proctor tor Administratrix, jo 'il 6mS 75 Nnsaa.u at.

Now York. IN PURSUANCE OF "AN ORDER OF WHH.uii I). Voodor. Surrogate of the County of sons having claims against JAMES KNIOHT' lato nf th Ulty ot HmoKIyn, utiuniy oi Kings, uoceiioau, mi i required to exhibit tbo s.imo, with the vouchor thereof to the subscriber, Ann S. Knlgnt, Administratrix, at tbe plop ol vraneauimg nor uusiuuss, in mo oiqcd oi tiu.

u. munu. No. 52 tVn.ve si, in tho City Now or before thp slxtnonth day ol Decomber noxt Dated June 13, 1M4, joltJUm ANN R.JKNIC.HT, IN PURSUANCE OF AN ORDER OF William D. Veeder, Surrogate or tho Conntj of Kings, notice is hereby given, according to Inw, to all per sotiH havinclaims against PATRICK OTOOLK, Into of tbe City of Brooklyn, deceased, that they aro required to exhibit the same, with tho vouchers thereof, to the subscribers, the executors, at the residence ot John Magilllgsn, 4 1 Sterling place.

In the City of Brooklyn, on or beiore thw lrjth day of April next. Dated October 2. 17 1. JOHN MACILLICAN. PtMutan o3 mS" LOUIS J.

RHATUiAM.t CORPORATION NOTICES. EPARTAiEN'f OF Rtiomi 6, 7 and 6 City Hall, Brooklyn, Octobor KO Notice is hereby given that the ABseaament Rolls In the following entitlou matters have boon complofod, aid tho warrnnO for the collection of tho various asseasmunU mentioned therein have this day beon delivered to the Collector of Taxes and Assrssnjonfa, and all nortons liable to Say such are required to pay tho tamo without elay at his oflk under the penalty uf the law. Extract from thn Law.) Section 10 or title 7 of Chap. BRi of toe Liws ot New Yoits, PahrEII JUNF. 28, 1S73.

On alltaiesoraasoflsmeDts which sh.ili be paid to the Collector bolorc the expiration of thirty days after tb warrant for the collection of tho aame Bhall have been delivered to hlni.an allowance shall be made to the person or persona making such paymonts, at the rate oi aevenand three tenths for centum per annum forthe unoxpirod portion thereof tie amount of such allowance shall be credited to the account of the Collector und charged to the account ot tho Revenue On all taxes and asaesaniontB paid to him alter tbo expiration of thirty daya from the date of the war tante. one per cent shall be added, and ouo por cent additional for every thirty days thereafter, until such taxea or assessments shall bo paid. Sovrera in Map District 37, sub Division 4. The following blocks and parts of block are Included in thlsaisessment Blocks 'J0U to 206 inclusive, 22, 230. and 208 to 215 in.

elusive, ol the old Tweuiy finit Ward (now Tnronty.fitn. Ward.) Map District 22. First street, hotireon Bond and Hoyt. LEMUEL BURROWS, o30 Collector of Taxes and AnaeMmenbj. 1VTOTICE OF ORDINANCE TO DIRECT il LOTS TO BE FENCED.

Notice Is hereby given to Ul pan IBS inieresicu, oi mo imeuuou ot uio vmuimuu Council of this city, to pass an ordinance to tliroct lota on northwesi corner of Humholdt street and Flushing avena to have the same fenced with a cloa board fence, six feet liliih, lo abate a nuisance. Dalod Brooklyn, November ltf. LORIN PALMER, WM.A. FOWLER. R.

M. WHITING. Commissioner of City Works. Attest: D. L.

Notvrnnp. Secretary. nS lot NOTICE OF ORDINANCE TO DIRECT LOTS TO BE FENCED. Notice Is horeby given to all parties Interested, of the intention of the Gommoa Council ot this city, to pass ao ordinance to direct lou oo Howes street, north side, adjoining No. 87 Huwos street, have the same fenced with a elose board fence, six feet high, to abate a nuijance.

Dated Brooklyn, November 187. LORIN PALMER. WM, A. FOWLER, M. Commissioners of City Works.

Attest: D. L. NoBTHCP, Secretary. nlut NOTICE OF ORDINANCE TO DIRECT LOTS TO BE FENCED. Notice Is hereby given all parties Interested, of the Intention of tbe Common Council of this city to pass an ordinance to direct lots an Fulton street, south side, between New York and Brooklyn avenues, to have the samo fenced with a tight board fence, six feot high, whore not already done.

Da tod Brooklyn, November 187J. LORIN PALMER, WM. A. FOWLER. M.

WHITING, Commissioners of City Works. Attest: D. NOBTOTTP, Secretary. n61w NOTICE OF ORDINANCE TO CAUSE SIDEWALKS TO BE PLAOOED. Notlce hereby given to all parties Interested, of the intention of the Common Council of Ibis city pass an ordinance to cause sidewalks to be tlaggd in front of the lota of gronnd on Halsey street, both sides, between Bedford and Maroy avenues, to have the sidewalks flagged to a width of stx feet, with blue ttono, whore not already done.

Dated Brooklyn, November 6, Wli. LORIN PALMER, WM. A. FOWLER, R. M.

WHITING, Comm. union en of City Works. Attest D. NonTHUP. Secretary.

ut Wt fEPARTMEOT OF CITY WORKS, Brooklyn, November 2. 187J. Sewer Assoaamout. Public notice Is hereby given that In accordance with Chapter 4 15 of tbe Sesiion Laws of the State of New York, passed April 30. entitled "An Act to provide for thtv more speedy construction of Bowers Id a certain portion of the City of Brooklyn," and providing that the sum of on hundred and fifty thousand dollars nnall bo assessed, levie4 and collected In the year 1874, for the construction of sewers la all the streute ana avenues In thai portion of the City of Brooklyn comprised in the drainage district known and distinguished as Map lying northerly of Prospect avenu and Hamilton avenue In said city, in accordance with plana prepared and adopted by the Board of Water and Semerago Commlsaionors, the said sum haa been apportioned by tbe Commissioners of City Works In all of said described district included within the following boundaries, to wit: Commencing at a point on Gowanus Canal, between Douglass and Butler streets, thence running easterly to Third arenuo: thence northerly to a point midway between Butler and Baltic streets; thence easterly to a point one hundred fee west of Sixth arenuo: thence southerly in an Irregular lint to President streofc; thence along President street to Sixth avenue Wionce southerly to Carroll street thence eaatorhf in an irregular lino to Ninth avonae thence southerly aloof Ninth avnnne to Prospect avenue; thonctf westerly In au Irregular line toTblrd avenne: thence southerly to Hamilton aronoe; thonco westerly along Hamilton avenue to a point we, of Second avenue tbence northerly and parallel with Second avenue, lo the oanal thence along eaaterly ibis of canal to tbo point or place of beginning, as per map oa file In office of Board oi City Works.

Tho said Commissioners will meet al their office, room No. 11 City Hall, second iloor, on Monday, the 16th day ot November, l74, at 12 o'clock, to hear objections to silA assessraont, which may In the meantime oxmined by all tbe parties interested in the same, at the said office whtjre said assessment list ts now on tile. LORIN PALMER. WM. A FOWLER, M.

WKiTlNfi, Commissioners ot City Work. Attest: D. L. NOBTHCP, Secretary. on tut PROPOSALS FOR FURNISHING A BELL DEPARTMENT OF FIRE AND BUILD GS.

Office 357 Jay street, Brooklyn, Novombor 1. 1874. Sealed proposals will be received at this office, until Friday, November 13t 12 for famishing a tiro alarm hell for the Tower, struatod iu Ten Eyck streot, near Ewen, E. In accordanco with tho specifications on file In the oifice of said Department. Plans and specification may be Been, and forms of proposals can be procured on application at the Department of Fire and Buildings.

Proposals will not be considered unless accompanied with an undertaking In writing, of two mire Ues on each proposal (who shall qualify as to their res pons bilJtf, In the sum of 83.000.00), that the contract be awarded to the party or parties proposing, they will become bound as his or their Hurety for its faithful performance: and in case he or they shall neglect or refuse to execute the contract If so awarded them, that they will psy to the Ctij ol Brooklyn the diBerence betwien tbe price to proposed, and tbe price al which the contract may be made with any other person or peroons. Proposals to be Indorsed "To tbe Department of Fire and Buildings," (specifying wotk). The said proposals will be publicly opened and announced at the next meeting ol the said Board, which will be held oa the 14th das ot November, 1874, at the hour of 12 o'clock, M. By ordei of tbe Common Council, Augusts, 1674. S.

MASSE IIUOH MCLAUGHLIN. R. PIIBANHR. CammlMioners of the Department of Fire and Buildings. n2 lOt 1871.

CONTRACTORS DEPARTMENT OF CITY WOKKO Ulty nan, oroomyn, uowoer dU. t.1.1 ha rwnlvfUi at thia riffle, nntil i norsday, tne i.ui osy oi novemwi, mr repairing and furnishing the Seventh Precinct Station House, corner of Union and Greenpolnt avenues, E. in accordance with tbe specifications on hie In IhU Department. Plans and specifications may be seen, and forms of proposals can be procured on application at the Department of City Works. Proposals will not be considered unless accompanied with an undertaking fn writing, of two sure lea on eaon proposal, woo snau quaury as to tnei leir reponslb(llv ty, in Cue sum oi coat contract oe award eo to the party or parties propoeina.

they will be become bound aa his or their surety for its faithful performance and tn oaso ha or thoy shall neglect or refuse to execute the contract if so awarded them, that tbey will pay to the City of Brooklyn the difference between the price oo proposed and the prto at which tbe contract may be made with a ay other person or persons. Proposals to be Indorsed "To the Board of City Works." (specifying work). The said proposals will be publicly opened and announced at the next meeting of the sal Board, which will be held on the thirteenth day of November, 1874, at tbe hour of 13 o'clock, or, Lo caw tbat am quorum should be present on that day, tbeday of tbe next meeting of tbe Board. By order of tbe Oommon Conn 11. Brcoilm, Ocar 13, 18,4.

WM. A FOWLER, B. M. 'WHITINI. Commissioners of Oil, D.

L. NOBTHTTP. Secretary. o31 lot TH) CONTRACTORS DEPARTMENT OF la. 8oal! propala will reoaW atthll oOca MtU Uraiadaj, the Ufh daj ot NoYOmbor, 1874, at murauay, ine uiu uaj ui uuiauiuui.

tji pairing and famishing the SevenUi PreolooXSUttoDa. ance with the specification on file in TftoTprepos Plans and specification, may be Dartmenlf atacan oe procured on a Cirv Wnrlrn Pmnmiilf wJ Mfesa 3 U5SSSS oo eacb propoaal (bo contract b. a.ardad to ty In the sum of U1 becoma bound aa onaiw a ty In tie sum of they will becoma bound the party or partieapropojina. jsjJ Mrf0rmance; and Hi, o. tieir nna to, thee, itthful performance; and fa or tnetr are" fuab to execute trie oon caso nj or A tn.t ln8, ui pay to tae VUj or tract if to lnthTcito proposed and B'S' Works TspecTfytaa work).

Hoard Lily vaiwj iu B() aala will be JS hK, be held on the 13th locelini of Iba said Board 'blcD o'clock. or day on that day. th. rSBnMcU. Brklfn.Oc.ob.SiyW4.ALME Jl.

A. R. M. WH1TINO. Cominlulgsertot City Work.

I). KOJIHDTi BMlttWI' 4 iou suanoe hi ltlnd aclion. bearing day of December. 1S73. 1.tbe unaersiRnoa row i k.

hhHah mim riifnrM. Will (toll tlb.CoramorclklHjclmlio, AO MlJMllliren, in me Cltrol Brooklyn, Oounty of Mon Ststo ol lien iork, the land and proinl.es In said lodgment mentioned ooc thereto, described as follows: All that certain rnesbuaffc or dvelilna houb. tenement and tract, pttjoo orparcel of land, eltuate, lylna and being In the Toon of Flatbuth, In tbe County of KtiurB, batted and bouo lod as follows, vix westerly bj the road or highway leading through the said Tonn ot FlaUiusb to Brooklyn; souiborly and easterly by lan.i l.ij lh nronerti nf Vaoderenter. deceaaort, inn northerly by land now, or late of Adrian liegeman, f'" In, by estimation, one acts. as the sameis now enoIOMW.ne same more or 0 A.

H. WaaHIB, Pl'frs IJrosdw, t. V. 1 kZJ WMIaniF.Sfirioy, pjainuu, nd n.nl,.l nnndr. her husband, Thomas A.

Kropse. iih.j iUb'. To the defendant, abovo dore Brooks. Pad Brooka, Lonli and Jamea F.MoKlnley. compos: hSrelS rommoned and required to lrfalnt in this acilon.of which acopr la hsrewlio serial "SSriSl toaerve a coos of your answer to tbe slid ffalnon.

at their office. Number 120 RowSJ to the CHfj of New York.wllhin twenty days after of tbeday of ucb serrtce; and if ufallto answer the said complaint within tlm time afore aid to "plaintiffs in thl action trill apply 10 thn Court fo relief demanded in the fomplain Da ed JMptember BELL, UARTLETT TTie oomplalnt and notice ofpondlnK of action herein were ...1. mni fn fh nmre nf the Cleik nt lht County ol hlnKS, duly Mod in the office SUPREME COURT.COUNTY OF KINGS Nahemlah P. Mum, guardian of Mary Maun and William J. Mann, against unariM rruax ana otnore.

In pursuance ol ainagmemoi lorecioeure ana tsaie mf.Qo Id hiU action on tho 12d dayol eptombe.r, vsi, I nereby rlwnnnlirw lliitt. nn thfi ninth (9th i dv fif NovetTibftr. 1R74. stTonoUoe that on the ninth (9th) day of November, 187' 11 IUB UUUr Ul UU UUUU, nv um nuiirr. ill nit Town of Nbw XuU and VUlase of Kflst Mew York, and at the hour of 12 clock, noon, at the Howain Ilouite, In th llmintvnf Kin en.

I will bp 11 at nubile auction, to the hlcli nst bidder, tbelanda and premise In said judgment mon tionod ana therein dewrlbed, follows, viv. All those cer. ula pieces or of Uad bituatc, Iilk and being In tho Village of EiiBt New York, County and State aforesaid, known and described on a certain "Map of 174 lota at Kant New Yoik.bolonoingto WUUam AlexondoT," (whfoti sold map on file In the Bofilster'a office for uald County, numbered 699, and drawn and aurreyed by Martin U. Jolmwn. September.

11467.) lots 86 and wid thirty eight boundwl and described aa follows, viz Beirfiinlng at point on the westerly side of Johnson avenue, distant 150 feet northerly from the corner formed by the Intersection ol the west line of Johnson arenue and the northerly line of Liberty STenno, and thonco runniog southerly along the west Une of Johnson avenue, fifty leof ttiencu westerly along the northerly line of lots numbered 46, 45,44 nnd 43, and parallel to Liborty avenue, 100 feet; thence northerly and parallel to Johnson avenue, 5(J feet; thence easterly and parallel to Liberty avenue, 1W) feet, to the point or ptace of beginning, all the tenements, horfldltamenta and appurtenances theruunto belonging, or in any wise appertaining, and rorerslon, roreralonB, romnind.rfl, route, iBsuefl and profits tiweof. Dated Mpnfnmhpr26, 174. AUGUSTUS VAN1YYOK, Kferee. R. Mathf.weon.

Attompy for Plulntlff. te'25 6wS tfiUPRISME COURT, KINGS COUNTY kj Charles Dewey, eiecutor, igalnet Henry B. Flckett and others. In pursuance of a judgment of foreclosure and sale mode In tho above entitled action, bearing date August 7, 1874, 1, thA undersigned referee in Mfii inrlirmAnt nampd. will sell at nubile auction, at the Commercial Exchange, No.

189 Fulton stroot, in too Cite of Brooklyi lUnffB uouniy, next one, on me Juffs County, new lorn, on tne Htn a ay oi October, 1874, at 12 o'clock noon, of that day, the folJow lncrnrwmliiAiiajtdeaerlbBdln said iudirment all that cer wn lot, ploce, or parcel of land with tho Improvements thereon erected, situate, lying and being In tho Ninr tae utah Ward of the City of Brooklyn, County of Kings and State of New York, bouudud and described as follows, to wit: Beginning at a point on the westerly fide of wrt ne a venn aisiani eismy eiKm ibw eiui Lhe avenne. distant elabty elgbt feot eight inches Lhoriy from (he southwesterly corner of wytiie avenue Rrvinnv troft rtinnintr thnnce aoutberlr and nar aouint ana allel wltn wytne avenue eighteen reel ion ana a ami mcaes tbence westerly parallel with Rodney strent and part of the through the centre of a party wall eighty feet; thence northerly and again parallel with Wythe avenue eighteen feet tea and a half Inches, and thence easterly and again parallel with Rodney street and part of the distance through the centre of another party wall eighty feet to pointer place Jamks P. CampaSix, Pi'iTa Att'y. se22 SwTnftF The sale of the above described property is hereby postponed until the 4th day of November. 1874, i.t the same hour and place.

Dated. Brooklyn. October 14, 1874. olf ThAMta liATHANlfeL 11. CLBMENT, Referee.

Tbo sale of theabove described property is hen'by lurtoer postpoood until the 11th day of November, 1H4, at the samo hour and place. Dated Brooklyn. November 3,1874. p5 TfaAB NATHANIEL 11. CLEMENT, Keforee.

CJUPREME COURT, COUNTY OF KINGS 5 Lncrotia 0. Smith against Walter Doyle snd othern. tn a judgment of foroclosurp and sale, made and entered In tho abovoeutltlod action on tho fourth day nvtmi Nn S7J Fi.lf nn'dtiwt in llO CftV nf Hrxok lyn. County of Kings, 1 will sell tit public auction, to the highest bidder, the lands and prcmiHfS (n said judgment mentioned and ttmreln described as follows, viz All that certain piece or parcel of Iind lying and heing la the City of Brooklyn and County of Kings and Stato of Now York, bounded and described aa follows: Rffinning at a point on tho southerly aide of Eldert btreet, distant two hundred and ten feat and tonr incht'S easterly from the south asterly corner ot Eldert street and ilrcadiray, and running thence southerly and partly through the centre of a party wall and parallel with Broadway, one hundred foot; thence easterly and parallel with Kldertetreat nlaetoeo feet rifrnt inohoe; thence northerly and partly through thocoutro of a party wall, and parallel with Broadway, onehundred foct to Kldert street; thence westerly along the southerly side of Kldortst. vet nineteen feet eight lnchi to the poiut or place of beginulntr.

Datd Brooklyn, November 5, T871. BERNARD J. YORK. Referee. I.

Spekcer Smith, Plaintiffs Attorney. Y. SUPRB COURT, KINGS COUN TV. James Nichols against Emma F.Banks and others. In pursuance of a judgment order of thisCou rt made In this action on the nineteenth day of October, 1874, 1.

tho undersigned referee, hereby give notice that on Friday, the thirteenth day of at twelve o'clock, noon, at Cole A Murphv'B City Salesrooms, No. 379 Fulton treot, In tho City oi Brooklyn, I will sell at public auction the promises tn said judgment mentioned, and therein described as follows All that certain piece or parcel of land situate, lying and being in tho Twentieth Ward of the City of Brooklyn, in tbo County of Kings and State of New York, known and aisilneiuBhed on a certain map tiled in the office of the Register of tho County of Kings, entitled "Map of 6 art of the Poet Farm in the Seventh Ward of tho City ot rooklyn, aspartttioned by Silas Ludlani, AJonzo G. Hammond and Tennis 1. Barkelow, Commissioners," Ac, as And by the number one hundred, and which Is bounded and described aa follows, to wit: Beginning at a point on the wstorlyside of Oxford street distant two hundred and suv rnty one foot northerly from the corner formed by the intersection of the easterly aide of Oxford street with tho northerly side oi Park avenue, and running thence northerly along the enetorly aide ol Oxford street twenty five feet thence easterly and at right angles with Oxford street one hundreed feot, thonce aouthorly and parallel with Oxford street twenty five leet, and thence westerly aud at right BJiRlce with Oxiurd street on hundred feat to the point or place of bttginuinir. Dated It rooklyn.

October 31. 1874. ROBERT MERCHANT. Referee. BREWSTER Kibbim, ri'lTs AU'y, Broadway, N.

Y. City. 021 aw WAS BOUNTY COURCOUNTY OF KINGS Vy Wflliajn Harkuesa against Kate M. Nelson and others Pursuant to a judgment of the County Court of Kings CountymadonndcnterPd In the above entitled action. Oct ber28, 1874.

I will soil by pnbheauction. at the Commercial Eichange, No. Fulton street, In the City of Brooklyn, on Friday7Novmbor20, 1874, at 12 o'clock noon, the following described lands and premises: All that certain lot of lann, TtkUiVie building thereon, in the City of Brooklyn, County of K. fatate of New York, hounded nnd de luribed as oil Beginning at a point on the northerly side of lAfayettc nnuo, distant one hundred feet easterly from the northeaste corner of LufaUe, and Nostrand avenues, running tueu norttierly and parallel with said Nostrand avenue one bu feet theoce easterly and fianillel with said LafayetU, irenue sixteen feet eight oches; thence Bnutheriy and pt of the way through the centre of a party wall, aud again pataiui Bald Nostrand avenue one hu idred feet to the said northerly side of Lafayette avenue and tnenoe westerly along northf 'v side of LafayeitM avo'iur sixteen feet ofght incaefl to the point or place ot bgluuing. Dated Brooklyn, October 38, IBC WM.

H. GRRVMk. Referee. Wu. B.

Davenport. PiiT'a Att'y. o283w WAS. Bounty court, "kings county Jemima Latham, plaintiff, against John Johnson and others, defendants In pursuance of a judgment oi foreclosure and sale made in tbe above entitled action on v. Dev.

i AH71 ix4il ull nnhliD anction. in the rotunda of the Oounty Court llonse.in the City of Brooklyn, on thB L2th day of December, 1874, at twelve o'clock, noon, ol that day, tho following described lands and promisee: All those four certain lots, pieces or parcels of land, sKoate. lying and being at East Now York, in the Oounty of Kings and State of New York, which on a certain raap(enttUedMapof Property at Bast New York, Kings County, lately belonging to Lewis Curtis, surveyed and drawn br Martin G.Johnson, dated Jamaica. September, iga na filed tn the otBoe of the Register of the County of KSaauad designated by the numbers (oirty slr 1. 68 iseventj) and 72 (aeventr two), aa four lota on block 4 (four) on said map, and which taken together are boonded and contain as follows: Beginning at a pulut on the vreitarly side of Bennett avenue, distant southerly one hundred and fifty (159) foot from thosouthwceterlycornerof Bennett and Baltic avenues; running thence westerly par Uol with Baltic avenue one hundred (loft) feet thenco Boutherly parallel with Bennett avenue, ohp hundred (1(X) feet: thence easterly, again parallel with Baltic avenue one hundred ilVO) leet to Bennett avenue, and thence itherly along Bennett avenue one hundred (10i feet to the point of hogfDning.

Dated October S9, 1874. CHARLES H. BURTIS, Referee. F. W.

Tab eb, Pl'tfTs Att'y. 219 Montague Bt. o31 6.vS Y. SUPREME COURT, KINGS COUN TY Henry Riechetft, against John H. Brettman and others.

in pursuance of a judgment of foreclosure and sale, made and entered in tbe above entitled action on the seventeenth day of October, 1874, will be suld at public auction under the direction of the undersigned, the referee In said judgment named, by Cole A Murphy, auctioneers, at the auction room, of Cole A Murphy ,379 Fulton street, In the Cay ol Brooklyn, Klngi County, on the lltti day of November, 1874, at 12 o'clock, noon, of that day: AH that certain lot, piece orparcel of land, situate, lying and being in the City of Brooklyn, County of Kings and State of New York aforesaid, bounded and described as follows, to wit Beginning at a point on the southerly side of South irtroetidictant one hundred and thirty five feet ten inches (136 ft 10 in.) easterly from the southeasterly corner of First and South Second streets, running thence southerly and parallel with First street ninety five (S5.) feet thence easterly nnd parallel with South Second street twenty two (22) feet thence northerly and parallel with First street, ninety tive (95) feet to tho southerly tide of South Second at reel, and thence westerly Jilong tbe said southerly sule ot South Second street twentv two (22 leet. to the point or place ol beginning. Dated October 19, 1874. ANDRESv M. STIRLING, Refrm.

MoDaniel.Ltjmmis A Southea, PltTv nnd 10 Pine street, New York. oriSl TtWAS pWTEW YORK SUPREME COURT, KINGS 11 COUNTY. WlUiam Stleti. plainUff, asahiat Juliana StieU, defendant. Summons lor relief.

Tothe defendants You are liereby auramoned and required to answer the complaint in this action, of which a copy Is herewith served npon you, and to serve acopy of your answer to the sid complaint on the subscriber at his office, 23 William street, in the City and Comity of New York.witliin twenty days after the service hereof, eiclustve of the day of ench service: xnH if von fait to answpr tbe said eomnhtjut ivithln the time aforesaid, the plaintiff In this nctiou will apply to tlie Court furtha relief demanded In the complaint. Dated Ootouui the Clerk of ttw Oounty of Kings, this Wih day or October, t74. WILLIAMS. HOKNAfJKR.PIatntitl'fl Attorney. o31 6wS 23 William t.

New York. SUPREME COURT, KINGS COUNTY Richard Ran ft acalnst Ann Rrnwn. al.Tn nuance of a judgment of foreclosure and sale made and en trvd In the above entitled action, and dated October 10, 1874, 1, tho undersigned referoe, will sell at public auction, to the highest bidder, at the Commercial Exchange. No. 389 Fulton street, in the City of Brooklyn, Kings County, New York, on the Pth day of November, lh74, at the hour of twelve o'clock, uoon, of that day, the lands and premlsea in saia magmoni mcuuonea ana meretn described as follows: All those certain Iota, pieces or parcels, of land, situate.

lying apd being in me aaja Ulty ot If rooklyn, hounded as follows: Beginning at a point on tbe southerly side of Qulney street, distant one hundred feet westerly from the westerly side of Rfdph avenue; tbence running southerly and at right angles to Qulncy street one bundred feet: thonoe westerly and parallel with Qulncy itreet one hundred feet; thence northerly and at right angles to Qufncy street one hundred foot to tho said southerly side of Quincy street, and thence ensterly along Quincy street one hundred feet to the pointor place of beginning. Dated October 17. 1874. NATHANIEL U. OLEMKNT, Refcrae.

Jakes Eschweoe. Plfl's Att'y. ni7 swSJrW SUPREME COURT KINGS t'OUNTY John H. Allen against John Beatie. et al.

In pursuance of a judgment of foreclosure and sale made and entered In tho above entitled action, and dated October 31, 1874, 1, the undersigned referee, will sell at public auction, to the highest bidder, on tbe 24th day of November. 1874, at the hour of twelve o'clock, noon, of that day, at tbe Commercial Exobango, No. 889 Fulton street, tn the City ol Brooklyn, Kings County, New York, the lands and pram Ises hi said judgment meotionod, and therein described as follows: All that certain piece or parcel of land, situate, lying and being in the Twenty second Ward of the City of Brooklyn, bounded and described as follows, to wit Commencing at a point on the northerly Bide of Dfgraw street distant five hundred and eight feet and four Inches westerly from the northwesterly comer of Degraw street and Sixtu avenue, from thenco running northerly aud parallel with Sixth aveuno one bundred and six leet ten and one half inches thonco running westerly aloog the land formerly of Charles Hoyt and Ralph Beekman and nearly parallel with Degraw street to a point about live hundred and twenty five feet distant from Sixth avenue; thence aootberly parallel with Sixth avenue one hundred aud six foet and seven inches to tho said northerly side of Dorrs street, and thencs easterly along the northerly aide ol Degraw street sixteen feet eight Inches (all more or less) to the point or place of a OLEMKNT, Keferaa. 8KBGEAKT P. Stearns, Pl'tfTs Att'y.

o31 SwSAW GUPREME" COURT, KINGS COUNTY Elizabeth Bat as executrix, plaintiff, against Thomas J. Clue and Isabella B. Clute. defendants. In 8ursoanceof a judgment of foreclosure and sale mnde In jls action on the 26tb day of Juno, 1874, 1 hereby give notice that on the eleventh day of November, 1874, at 13 o'clock, noon, at Cole A Murphy'a auction rooms, No.

379 Fulton street, in the City of Brooklyn, Oounty of Kings, I will Bell at public auction, to tbe highest bidder, tbe lands and premises in said judgment mentioned and therein described aa follows All that certain lot, piece or parcel of land situate, lying and being in the City of Brooklyn, Oounty of Kings and State of New York, bounded and described as follows: Beginning at a point on the easterly aide of Hamilton street, distant three hundred and eighty, even feet and six inches northerly from the corner formed by the Intersection of tbe northerly side of Myrtle avenue with the easterly Ida of Hamilton street: running thence northerly along the easterly side of Hamilton street eighteen feet and nine Inches; thence easterly, at right angles to Hamilton street, one hundred feet; thence southerly and parallel with Hamilton street eighteen feet and nine Inches, and thence westerly, at right angles to Hamilton street, one hundred feet, to the plsce of beginning together with one half of the walls on each side of the premlsea hereby described. Dated October 40, 1R74. GEORGE G. BARNARD. Referee.

Baoow A DUBTEA. PljTsAtt'ya. oo20 SwTuAF NY. SUPREME COURT, KINGS COUN TV. Herman FhlllfDB.

Dlailitiff. acatnat Fannfe TV. Herman Phillips, plaintiff, against Fannie J. Johtutociiaad Julias Black, defeDdante. 35ummcms.

For ftatlaf. To tb. defendant, and each of thnm; Von are berebr summoned and reciu required ttt itnatrr t.hn Rnm. olalnt In this action, of vrhloh a cooy la herewith anrved anon roa, and to aorre a copy of four ananrer tn tbe 6atd complaint oo the aubscriber, at his ofScc, No. 361 Pulton street In tbe Cltr of Brooklyn, within twenty daya alter the aerrice hereof, exclusive ol tbe day of such service and if von fail to answer tbe complaint mthin the time afore aatu, tns piainua to hiim nuuuu mu niijny 10 toe uoun for toe relief demaoded In the complain DaU'd July 2, D.

VAN WART. Plaintiff's Attornoy. N. B. The compl.unl In this action waa ii the olfice ol the Clerk tor the County of Kln on the Hlb day of Juls.

1171. oiiiwP VAIf WAIIT, Plaintiff's Attorney. am am WTTH SUPPLML1S.NT. SATURDAY EVENING, NOVEMBER 7. From Yesterday's Four O'clock Edition, THE ELECTIONS.

Returns from States Not Heretofore xuiiy nearo from. TaftlcB Showiug the Democratic Gains Throughout the Country. The close of the week only confirms and in creases by the relnrna it brings in from remote sources or tardy districts, tho evidences of the revolution achieved by the Conservative. Illinois and Pennsylvania To the Statea known to be carried by the Democrats must now be sdded Illinois and Pennsylvania. In the former State, the Conservative majority is about 25,000 in the latter State, tho majority is about 10,000.

The most important fact in the PennByl vani election is that the legislature is Democratic, thua Eecuring a Senator of that faiih. He will either be W. W. Wallace, Charles I. Buckalew or Edgar Cowan, the latter two being ex Senators of great ability, and Mr, Wallace for years having been the very able Chairman of tho Democratic State Committee.

A family arrangement of Simon Cameron is interfered with. He intended to have his son, Don Cameron, imcceed the retiring Senator 3cott, and thua the Senatorships wore to be kept strictly in the family. Till last Tuesday, Pennsylvania waa thought to be a pocket borrough of the clan of Cameron. rllisHOUrlt Tho later news from this Queen Commonwealth of tho West is more significant On Wednesday lust, baaing its impreBBion upon an exceptional knowledge of the State, the Eagle predicted that the Con gresB delegation would be unanimously, conservative. Our con temporaries assumed that three or four Repub licanf; would be elected.

If is as we said. All the Congressmen, eleven men, of distinguished abilities, are Democratic. Mr. Hardin is elected Governor by nearly 50,000 majority. The Legislature is overwhelmingly Democratic, and a Democrat will sit with Mr.

Bogy and succeed Carl Scuura in the United States Senate. Kansas Adjacent to Missouri, and historically im famoua for her former libels ou that State and for her present corruption, is Kansas. She haa all tire paraphernalia of a State a full batch of officers and any proportion of scoundrels yot any Brooklyn Congressman will represent more people than the whole State contains, and either Congressman Schumak'er or Congressman Chiltcndon will represent four times as many people. The election returns from that State received this afternoon show that returns from sirty two counties insure the election of Osborne, (Hop.) for Governor, by ovor 12,000 majority Lappin, (Hep.) for State Treasurer, will be nearly 5,000 buhind his tickot, but is elected by ft majority of 7,000. Brown, (Rep.) for Congress in the Third District has 3,400 as far as heard from, and ft will be increased.

Goodwin, (Dem.) for Congress in tho Secoud District, will have not less than 1,000. Osborne'B majority for Governor two years ago wa 12,000. Last year when there was no general and no State ticket in the field, the opposition curried the State by about majority. Tennessee. Mr.

Porter defeats Horace Maynard by over 40,000 majority fcr Governor in Tennessee. All the Congress Districts but one are carried by the Democrats. This is the way the gains roll up In the First Tcnnnessee District McFarland (Dem), for Congress has 1,500 majority, a Democratic gain of 5,000. In the Second District the Republicans have 400 majority, a Democratic gain of 6,000. Maynard for Governor, was beaten in his own district, and by 40,000 in tho State.

Knor County elected the entire Democratic ticket In tho Third District Dibhrell (Dem.) haa 4,000 majority.a Democratic gain of 6,000. The Democrats aro jubilant over the Immense gains. Too much Brownlow ism has been the matter with Tennessee. The State Senate will stand twenty three Democrats to two Republicans, and thore are but seven Republicans in the lower Ilouee. Andrew Johnson is likely to return to tbe Senate.

Virginia! Tho Congress delegation will stand seven Conservatives to two Republicans, a Conservative gain of two mcmbors. Ex Governor Walker's majority in the Richmond District Is 2,200, a Conservative gain of 3,200 over 1372. How (lie Congress Delegations The elections thin week for Congressmen have resulted as follows Ststes New Pennsylvania Dem. J9 States. Dem.

Ren. Florida 1 1 15 14iTexas 4 New Jersey 2 Virginia 7 3 7 Rhode Island 3 Wisconsin 3 6 SMlnnesota 1 3 Illinois Missouri KflDjas South Alabama Louisiana ArV. 12 II 1 a Nevada Michigan 3 Totals 124 AFTER THE ELECTION. A lloiv in a Second Ward 2in Mill Results in a Sore Head and a Broken Last night Martin Dwyer and Christopher Reardon, of Eighteenth street, went into tho liquor store of William McCarty, Ne. 32 Front street.

McCarty and a friend of his, named Patrick Doherty, were in the place when Dwyer and his friend entered. After the latter had called for drink, ho had a dispute about ejection matters, and charged that McCarty had "gone back on him'' in not voting for his brother for Alderman of the Second Ward. McCarty said that he had not I'1 gone back on him and intimated that had he done so he had a right to vote as he pleased. Reardon joined in with Dwyer in the muss, and it resulted in McCarty's seizing a bang starter and striking him (Rear ion) over the head with it, JSome further resistance was made, and Doherty and McCarty came from behind the bar and threw Reardon and Dwyer out of the saloon. Reardon fell on tbe sidewalk and broke his righ leg.

He was at onoe taken to the City Hospital in an ambulance. Officer Velsor, of tbe Second Precinct, arrested McCarty and locked him ap. This morning he was brought before Justice Walsh and pleaded not guilty to a charge of felonious assault, which was preferred by the officer. He states that he acted only in self defense. Dwyer, he says, was drunk when he entered the store, but Reardon was not, and he (McCarty) saw that when Dwyer made threats toward him that Reardon seemed always anxious to commence a fight.

Dwyer finally smashed McCarty's hat down over his head, and then Reardon pulled off his coat to fight it wan not untl then, McCarty says, that he took up tbe bung starter, and although he struck Reardon on the head with it, he did not bit him very hard. After this McCarty and his friend Doherty ejected the two men, aud as he was beinp pushed oat Reardon stumbled over the doorstep, fell and broke his Log. Justice Walsh placed McCarty under bonds to appear for examination as soon as Reardon will be able to come to court. COUNTY TREASURER. Mr.

Gardiner, the Democratio candidate for County Treasurer, seems to have outrun all his companions on the local ticket. His majority, according to tbe latest figures, which are complete, is 10,013. The foDowittg table showathe majorities ward tad county town, cast for Uini and Mr. Manjor Ward 1 3 3.... 4....

6 8.... 7.... 8 Gardiner. Manjer.l'Ward. Gardiner.

Hanjer. zKH In aw SS7 .17 693 149 18 ...119 ...120 ...21 3(1 I.3S2 .11.511 1,027 is; 22 23 (S6 71S 1.1ES 203 2.651 10 il 12 15 .125.. Flatbosh IFtatlauda, 6M(! ravesend New 137; New liOta 1(S 121 Hill Gardiner's total majority, 10,013. WASHINGTON TEA PARTIES. A now character of social entertainment has recently come into vogue in fashionable society, which teems to combine tbe attractive elcmenta of the social Ratheringa previously popular, while getting rid of inucb that may be regarded aa objectionable.

Allusion It made to the "Washington Tea Parties," which hare of late been ao aucceeaf ol in Philadelphia and other cities, especially when held In connection with charitable objects. One of these, on a rather extensive scale, it to be the feature of the charitable social enter tamments announced to take place in this city this month, this "Martha Washington Tea Party" being arranged by the ladles of the Brooklyn Maternity, who have engaged the Academy of Muiio for November 24 for tbe event, and bo attractive ia tho programme which they have prepared for the occasion that already quite a number of tickets have been disposed of, even before any public announcement of the entertainment has been made. The Committee of Arrangements of thlB large tea party will consist of two hundred ladles of Brooklyn's best society, and the programme includes a rule requiring guests to be attired in the old Continental costume, the ladles a la Martha Washington, and the gentlemen in the civilian dress of the period of the first Congress, Literally, the entertainment is to be a gigantic tea party affair, marked by all the social aspects of gatherings of the kind. The refreshments will be served as in a large parlor, and the patrons of tha antertain int will of course all be treated aa guests of the ladies of the Maternite Committee, tbe one charge for admlsaion being a cark blanche to all that follows. The concert and promenade muata will be tarnished by Signor Con terno's efficient orchestral bauds, and the refreshment department win be served by Anderson.

There are to be thirteen tables, representing the thirteen original States of the first Union, and the floral and banner ornamentations of the Academy that night will appropriately carry out the Idea, Already this grand tea party baa become the talk In all our city society circles, and the demand for tickets bids fair soon to be beyond the supply, especially aa the sale will be limited so aa to avoid any rush or fashionable "Jam." Thi object In view commends Itself to the charitably disposed of all sects, and the result will no doubt largely add to the needed funds of the excellent Institution in question. SERIOUS ACCIDENT, At 3 P. yesterday, Henry Smiles, a laborer 55 years of age, residing In Greenpolnt avenue, fell into a vat of boiling water at Preatin's bone factory, in Bliesvllle. where he was employed, and received Beri oue and probably fatal Injuries. He was taken to the City Hospital.

Park Cornmissioner Haynes in a Police Court. He is Charged with Assault aud Battery and Attempted Seduction A Beautiful Grass Widow the Accnser. Mrs. Annie Hendnll, a handsome widow lady of about thirty.flve years of age, filed an affidavit in Justice Riley's Court yesterday afternoon, in which she accuses Mr. Stephen Hsynes, the Park Commissioner, with assaulting her in a small cottage at Myrtle and Grand avenues.

Justice Riloy Ordered Officer Staugh nessy to notify Mr. Haynes to appear tn Court. The officer found tho Park Commissioner at hia residence on Bridge street, but he stated that he was busy but would come to Court during the afternoon. He failed to put in an appearance yesterday and this morning Justice Riley issued A WABBANT POB HIS ARBEST. and instructed Officer Shaughnessy to lock him up.

While the officer was searching for him Mr. Haynes entered the court room to answer the charge. Mr. Haynes is seventy eight years of age. His form is thin and his faoe ratbor red.

When bo removed bin hetafewBtray silvery hairs are the only covering of his venerable head. The lady who proferred the charge against him is rather petite, with a handsome form, beautiful brown eyes, raven hair, and cherry colored lips. She sot beside her counsel, Mr. George P. Howes, of No.

78 Nassau street, New York. A magnificent black silk dress fitted her flue form to perfection, and diamonds glittered iu her ears and on her fingers. The case was called and the complaint road by Clerk Wiley. It accuses the venerable Park Commissioner with assaulting tho fair Mra. Hendall by pinching her arm, shaking her and othcrwiBo abusing her.

The difficulty occurred on election day. After the preliminary examination, Mr. Haynes waived examination to go before the Grand Jury. He gave bonds in the sum of t500, and of torward left the Court room. Mrs.

Hendall, in conversation with an Kaqls reporter, made the following statement of hor relations with the ancient Adonis who, she alleges, has wronged her. Said Bho "I was born ib Liverpool, Englond. My parents were poor people but gave me a good education. When I was seventeen years old I met a wealthy sea captain in Liverpool, named Walters. It was a cose of love at first Bight, and in a few weeks after we wore married In St.

Paul's Church, in Liverpool. Tho Captain commanded a merchant vessel and in a few days we set sail for America. I had apartments in Fulton street, near Concord. I first met Mr. Haynes about fourteen years ago.

My husband brought him to my house and introduced him as a particular friend. When the war broke out my husband entered the Navy and commanded tho gunboat Gertrude. Often when he was away Mr. Haynes called on me. He was always very agreeable.

My husband died when at sea and Mr. Haynes colled on mo and asked me to come to his house on Bridge street, Reporter For what purpose? Mrs, Hendall He said that ho wanted me to come io nurBe his daughter's children, but I guess be knew I had money and wanted to get it from me. My husband eft me quite a fortune. There was also another reason that he wanted me to come to live with him. Reporter What was that? Mrs.

Hendall Oh, ho wanted to make love io me. He used to come into tho nursery and talk to mo every day. The people in tbo house used to notice it and Bay: "Annie how ia this They aU used to Bay that it was I who led him astray, but it waa be that was leading mo astray. He used to come to my room and knock at he door every night. Reporter Did you ever accede to his wishes? Mrs.

HendaU No, indeed. He was old and ugly, and I did my best to get rid of him. I had to Ieavo his house on account of bis conduct, and I went to Charleston to seo Captain Lewis, to who I was engsged to bo married. The captain aud I went to Europe in coin pony with my sister. We were to be married there, but Mr.

Haynes broke it off. My eiBtcr and I ataid in Europe three months, and then we came back to Brooklyn. Reporter Did you reside with Mr. Haynes after you returned Mrs. Hendall No I didn't want him to know that I was in tho city, and ao I took rooms in High sireet.

When I bought my furniture I went to Mr. Michael's place, in Prospect Btreet. Thero I first met Mr. Hon dall and fell in love with him. Although be wae a poor man, be was young and handsome, and as Mr.

Haynes bad found out that I was iu tho city, he bod commonccd to persecute me again, as I married Mr. Hendall five weeks after onr first meeting. We hired a store in Myrtle avenue and I started my husband in tbo furniture business. We would have got along well enough but I had lured the store from Mr. Haynee and he commonoed his tricks sgain.

In tho rear of tho Btore was a cottage. I bought tho little cottage from Mr. Haynos, but not tbe land that it stood on, and my husband and I lived there. Mr. Haynes used to come there and make uorts or i.

uijoaaiii io me. Then he defrauded me out of a good deal of money. I bought a lot from him on Bedford avenue, paid him $400 for it, but when my lawyer come to look at the deed, he found that It was fraudulent, and tbat be had inserted his son's nsme whore mino should havo been. In many ways ho defrauded me out of niocey. All this timo he continued his improper solicitations, and the result of it was that my husband ran away, taking with him $.5,000 of my money.

Then I rented my cottage, left the furniture business, and zve months ago want to State Btreet, near Smith, and started a boarding house, Mr. Haynes' son was one of my boarders. Mr. Haynes came to tbe bouse and wanted to engage a room. Roporter Why did bo wish to live in your house Mrs.

Hendall Ho said tbat be wanted to ann for an office In the ward he said that if I would let him come and iive with mo he would give me a horse and carriage, that ho would pay the rent, and send lots of vegetables to the house I refused to let him in tho house, and he swore that he would make me crawl for refusing to be his tool. So when I went to collect my rent at the little cottage on Thursday, he was there, and caught me by the arms and pinched me and shook me. The reporter asked Mrs. HendaU if she waa badly hurt? Just look there," Baid aho, rolling up he black silk sleeve and displaying a beautifully rounded arm, on which were several bruiS3s, iant that awful Before tbe reporter could reply Mrs. Hendall and her counsel left the Court room.

She has three suits against Mr. HaycB pending in the Supreme Court. The actions are brought to reoover the property that she olaims he has defrauded her ont of. AFFAIRS AT WASHINGTON. Intelligence from Our Indian Neighbors Ilercnue, Naval and Other natters.

WAflrnHoroN, D. November 6. United States Indian Agent Miles writes to the Commissioner of Indian Affairs from tbe Cheyenne and Arapahoe Agency, 39th of October, that on tbe night of tho 27th the nine Cbeyennes who Btampeded from Whirlwind village again returned to the vicinity of the Agency and succeeded in securing each a good horse from the herd of friendly Cheyennes. On the night or tbe 28th the Arapahoe and Cheyenne herds were again visited by thieves, supposed to be white men, wbo succeeded in running off eeventy six ponies. The agent sent out two deputy marshals in company with a party friendly Arapahoes on tbe trail.

General Miles also sent his interpreter and scout, hoping to head the party off before they could reach the settlements. Theso thefts ore very discouraging to the Indians who aro well disposed. General Sheridan when there said "These Indians shall be protected from the horse thieves and whiekey traffic." The Commissioner baa, in view of these depredations, addreBBed a letter to Secretary Delano, saying tbis loss by theft is only one of a long Beries to which these Indians havo been subjected, and is especially aggravating because it falls upon thore wbo have been friendly in tbe late difficulties in the Indian Territory, at no small expense of tribal standing and property, and who by their loyal stand have been of great assistance to the Government hi quelling tho rebellion. These Arapoboes and Cheyennes are not allowed to use tho Indian method of defense, which would be to make indiscriminate war upon all white intruders, and it will be pitiful and shameful indeed if it proves true that this people, confiding in the power and care of tbo Government, cannot be protected from white marauders. The military hare not been able to afford tbis protection, owing to tbe nature of the service required.

Tbe thieves slip in during tho nigbt and are gone before they can bo overtaken, and for their discovery and arrest there io now a detective as well as a military orcet In addition to the assistance so heartily offered by Gen. Sheridan, a sufficient number of deputy marshals can bo appointed with jurisdiction in tho Indian Territory and the surrounding States. It is believed that this protection can be afforded to a large extent to these Indians. There should be at least twenty men on this duty, but even one half of this force will be able to do much in putting a stop to this raiding; and I respectfully recommend that tbe matter be referred to the Department of Justice, with the request for auch assistance as they may be able to afford. Sometime ago tbe 8ioux Indians at tbe Red Cloud Agency were compelled to surrender horses they bad stolen from the whites, and this morning information was received from tbat agency that the whites had been stealing horses from the Sioux.

Admiral Porter's topedo boat, towed by the Gettysburg, has arrived here. Eighty workmen have been discharged at the Navy Yard here. A further reduction will soon take place. Lieutenant John O. Rich is ordered to the Philadelphia Navy Yard.

Assistant Surgeon, John L. Neilson, to the Naval Laboratory, New York. Chaplain E. W. Hager, to the Norfolk Navy Yard.

Carpenter WUUam D. Toy, to the Naval Asylum at Philadelphia. Lieutenant A. G. Paul Is detached from ordinance duty at Philadelphia, and ordered to special lighthouse duty.

Passed Assistant Engineer Karrey, from the Boston Navy Yard, ordered to the Brooklyn. Assistant Engineer W. 8. Moore, from the Brooklyn, and placed on waiting orders. Carpenter E.

Thomson, from tbe Naval Asylum at Philadelphia, and placed on waiting orders. The Internal revenue receipts to day were $369,369. LOCAL BREVITIES. Marie Oldham, a hatter, about noon yesterday was prostrated in a fit at Broadway and Sixth street and from thenco was reroved to tbe Hospital shortly after his admission he expired. Deceased la about 50 years of age, unmarried, and recently abandoned a small business in Fourth Btreet, near South Second.

Coroner notified. John Welsh, when questioned this morning by Justice Debnar concerning tbe complaint of tho officer who had arrested him for intoxication, said "111 not deny a word be says, for what 'Id be the use but I say this much to you, I'm out of when I came home last night after tramping about looking for work, my wife, she ups at me and bates me, and I fied from the house and got collared by this man here. Was I drunk do you think?" Five days. The Coast "Wrecking officers have floated the schooner West Wind, which went ashore with a cargo of coal at Jones' Inlet, L. a week ago, A.

Case of Considerable Local Importance. Tlie City Ordinance Requiring Cartmen to be Licensed and Limiting the Use of Carts Affirmed by the Court of Appeals Opinion by Jndge Lott, etc. Some four years ago the firm of Breslin Son were the proprietors of some twenty trucks, which were engaged in the business of conveying and carting coal. There was then and is now a city ordinance forbidding any person from acting as a public cartmen without a license from the city. This ordinance required that none but tha owner of the truck, cart, or wagon bonld be Licensed, and none but tbe person so licensed drive It through the streets of Brooklyn.

The city authorities notified Breslin Son of the existence of the ordinance) bnf those gentlemen disregarded it. A suit was brought by the city against the firm before Justice Andrew Walsh to test the validity of the ordinance, and the Justice held that it was valid and should be observed, and imposed a fine on the defendant. This decision was appealod from to the County Court, and Justice Walsh's decision was affirmed. The case excited a great deal of interest and comment at the time, and the firm of Breslin Son were induced to appeal it to the Supreme Court, General Torm, where again the decision of the lower Court was sustained, but by a divided Court. The division of the General Term inspired the contestants to bring the issue before the Court of Appeals, where it haa been decided by Chief Justice Lott In the following opinion: In the CooMMrastOH of ATTEaiB.

The City Qf Brooklyn, respondent, agt. Henry Bretlin and Daniel Breslin, appellants ThlB is an appeal by the defendants from a judgment of the Genera Term of the Supremo Court in the Second Judicial Department by which a judgment of the County Court affirming a judgment rendered by the Police Justice of tbe City of Brooklyn in favor of the plaintiff wae affirmed, Tbo action was brought to recover tbe penalty fixed by the corporate authorities of the city for the violation of one of its ordinances. The ordinance is as follows Seotioh 1. No person shall drive within the City of Brooklyn, for hire or wages, any cart, aled, truck, dray, wagon or use any handcart or barrow for tho transportation of any merchandise, goods or articles of any kind, or drive or cauBe, or permit to be driven any haokney ooacb, cab, omnibus, railroad car or stage for the transportation of passengers, without being first licensed by the Mayor to do or cause the same to be done, under the penalty for each and every offense, to be paid by tbe owner and driver personally and respectively, of twenty five dollars, when driven for the transportation of passengers, and of ten dollars when driven for the transportation of merchandise, goods, or aztioles of any kind, except dirt, ssnd, gravel, clay, or paving stone or building rubbish, and of five dollars for the transportation of dirt, sand, gravel, clay, paving atone or building rubbish, STATEMENT OF THE CASE. The defendants were coal dealers in the said city and had a coal yard and place of business therein.

They owned horses and carts and employed men to drive them which they used in their own business, and which they also hired outtoanypersonwho might engage them, without having a lioense permitting it. llio penalty was reoovered for carting coal in April, 1869, for the firm of Hendricks Fleet, who had hired the horses and carta with the drivers of the defendants for that purpose. Samuel Garrison, for appellant; Jesse Johnson for respondent. Lorr, Chief CoiromiBsioner The Charter of the City of Brooklyn, which was in foroe when the acts of the defendant complained of transpired, declared that the legislative power of tho said corporation should be vested in a Mayor and Board of Aldermen, who, together should form the Common Council, and that tbe Common Council should have power within the Baid city to make, establiah, publish and modify, amend or repeal ordinances, rules, regulations and bylaws for several different urposcs, particularly specified and among others to license to regulate cartmen, porters, hack and cab ownera, stage and truck owners and drivers, and carriages and vehicles usod for tho transportation of possengerB and merchandise, goods or articles of any kind, (or to authorize tho Mayor to grant such licenses, and to require tbe owners to mark the samo in such manner as the Common Council should designate.) and to fix the rate of compensation to be allowed to them, and to prohibit unlicensed persons from acting in either of such capacities," and in every bylaw, ordinance or police of sanitary regulation the said Common Council might pass it, or might impose such penalty for tbo violation or nonperformance thereof, as it might deem proper: but its operation was not to extend beyond the territorial limits of the city. See Laws of 1851, (Chapter 364,) at page 837, rotating to the Common Council in title II, sections 1 and 13, Subdivisions 4 and 16, and section 10 of that title provided for prosecutions for violations of such ordinances by the city before any police Justice and other designated officers.

The ordinance by which the penalty in question wss imposed woe passed in 'pursuance of, and under the authority of that provision. THE OOMMON COUNOHj also passed another ordinance, which ordained that "licenses shall bo granted by the Mayor from time to time to such persons as he may deem proper residents of the City of Brooklyn, of the age of twenty one years, and of good moral character, and not otherwiso to oarry on the business or trade, or to act tn the capacity of coachmen, porters, owners, and driven of hacks and junk wagons, or carts and of common carriers. But no person shall be licensed as a cartmon. except as a dirt cartman, unless ho shall own a good horse and cart over and above all debts due by him, and shall be a oitizen of tho United States." It is apparent from tho provision of th Ltuun obarter above referred to and the receding ordinances that THE MAYOB WAS AUTHORI0 LICENSE CAET iIEN and that the learne Justice who dissented from the arirummit at this anni in saying that the ordinance on which the present action was based was void, because it ia not In pursuance of the power given by the City Charter; that no authority is given to the Oommon Council by the City Charter, to delegate theirpowera to the Mayor or other officers of tbe Corporation, and that tho Common Council alone must license. The case is clearly distinguishable from that of Thompson, Treasurer of the City of Schenectady, against Bchermerhora, relied on and oited by them.

There it appeared that the Common Council ot that city were empowered by law to make bylaws and ordinances directing streets to be pitohsd, leveled, in such manner as might prescribe, under the superintendence and direction of the city Superintendent. They passed a bylaw, or ordinance, directing a part of State street, in that city, to be pitched, levoled and paved to the centre thereof, in such manner as the City Superintendent, under tha direction of the Committee of Roada ox the Common Council, should direct and require and It was held that the ordinance was void because the Common Council did not prescribe in what manner the improvement should be made, and that they could not delegate that power to a. city officer or committee. It follows that the defendants were liable to the penalty imposed by the ordinance, if they were guilty of violating its provisions. It is claimed by the appellants' counsel, that "Cartmen are a class who pursue a diBtinct and independent business, and that the power in the City Charter, to license and regulate cartmen, relates to this class, and oomprlses only those who pursue this distinct and separate calling." He then argues that the business of a coal dealer Is not that of a cartman, and although he may use horses and carta to aid in transacting that business, this does not render him a cartman within the spirit and intent of the provisions of the City Charter or tbe ordinances enacted under it.

It ia unnecessary to deny those propositions, but they do not apply to the acta of the defendant for which the penalty was enforced. It may be conceded that they could use their horses and carts in the transaction of their legitimate business as coal dealers or any other wherever such use is required, without a license therefor, but the mere fact that they do not pursue tbe "distinct aud independent business" of a oartman does not authorize them to do, act and perform services peculiarly applicable to that business, and to which the ordinance was intended to apply. When, therefore, tbe defendants hired out their horses and carts to Hendricks Fleet, they acted not in the business which they were themselves pursuing, but entered upon that of a oartman, which could not be transacted without auch license. It appeared by the testimony of Henry Breslin, one of the defendants, that this was not tbe only occasion on which thoir horses and carts had been so used that they two days thereafter hired them to William Lyman to cart flagging, and he said, "I hired my horses and carts to anybody who wants them." Such a use of them was not within their business aa coal dealers, but was that of a cartman, and clearly came within the inhibition of the ordinance in question, and wae a violation of its provisions. It is also claimed in behalf of the appellants that "the ordinance is void as being in restraint of trade, and unreasonable, restrictive, arbitrary and oppressive." It is sufficient to say that the wisdom and expediency of granting euoh power to the city was within the legislative power of the State government to decide, and it cannot be said tho ordinance was more than a proper regulation of a particular branch of business for the good order of the city and the protection of the persons and property of its dtizehs, and the advancement of its prosperity, and its validity ia sustained by the decision of thB Supreme Court in the cose of the City of Brooklyn vs.

Cleros Lalor's Supplement to Hill 4 Denio, p. 231, and by that of the vuloge of Buffalo vs. Webster, 10 Wendell, 100, which distinguishes the case of Dunham vs. Trustees of Rochester, 5 Cowen, 462, also oited by the appellants' counsel in support of his position, from that and the reasons thore stated show that it is not applicable to the cose now under consideration. There were objectionstakentotbeodmission of proof, which have all been examined.

I find none that entitle tha defendants to a reversal of the judgment. The most objectionable evidence was entirely obviated by proof of the same nature, and to the same effect, subsequently introduced by themselves. It follows from the views above expressed, that the judgment appealed from Bhould bo affirmed with costs. Jeaae Johnson of counsel for the City of Brooklyn, and Samuel Garrison of counsel for appellants. MURDEROUS ASSAULT.

Two Drunken Sailors Assault their Quartermaster A Head Split on tbe Water Front. Antonio Testadicazzo and Giacomo Fregna, sailors of tho Italian brig Scolazidive, now lying near the foot of Harrison street, went on a spree last night, and did not return to their ship until after twelve o'clock reeling drunk, Bad in a most qnarrelBome humor. As they were crossing the gang plank, 'Quarter maateriCoglione, who wae on watch at the time, not reo oguizing the men, asked what they wanted, whereupon Antonio, without answering a word, drew bis knife an rushed on him. The Quartermaster, however, was not to bo taken unawares, and parrying off the blow with bis left arm, grabbod hold of bis opponent's throat and drove him, nearly choked, to the taffrall, where he held him fast. Fregna, seeing his friend getting the woret of it, rushed to his rescue, and seizing Coglione by the waist, threw biv to the deck near the companion way, threatening to pitch him down stairs.

The Quartermaster had his head split open in his fan, and losing consciousness, was unable to offer any resistance and tha drunken sailors might have put their threat into effect, had not the Captain happily arrived on decki In time to prevent the carrying out of their murderous intention. The men were cowed by the presence of the ohlef ctfacejjfand were easily placed in security. This morning Coglione was Buffering from a Bevere headache, and hia head had been bandaged by the Captain, who understood a little surgery. He attributes the assault to the effect of the liquor tb men had imbibed, aa he had always been good friends with them, and had never had an angry word with either of them le had seen them tight before, but never so completely drunk aa last night. The two men did not eeem to remember wything about the affair, and when told of their conduct this morning, they looked surprised and very sorry.

Fregna is untouched, but Testadicozza still bears the marks of the Quartermaster's nails around his nock. Neither man haa been arrested, nor will they be, as no oomplalnt will be made, their Captain being loth to part with them before the end of the trip, for both Testadicazzo and Fregne are excellent seaman. Captain TJcello, however, will probably make his complaint before the Consul, and have the mon punished according to the Italian laws aa soon as they get back to the Mediterranean. Coglione's head is cut a little back of tte left ear, but he will probably recover In tbe course of a week or ten Oftptain TJcello sewed Coglione's wound himself, not wishing any outside Interference. A Son Suing His Father Action Against the Imperial Fire Insurance Com panyLiquor in Litigation, etc.

Mr. Francis D. Moulton has been notified by the District Attorney to appear in the City Court on Monday next at ten o'clock, and plead to the indict ment recently found against him by the Grand Jury. A day for the trial will then be Hied. A Son Suing His Father.

In the City Court this morning before Judge Reynolds, Sebastian Stutter, brought suit agalnBt his father, Sebastian Stutter, for tbe nursing and care of the mother of tho plaintiff, who was the wife of tho defendant, the said labor having been performed by the plaintiff and his wife. He therefore sues for $500. The defendant enters a counter claim of $333 above the amount of damages claimed, for money loaned and goods furnished to the plaintiff for the past two or three years. Case still on. Mr.

O'Brien for the plaintiff. Johnstone ft Strauss for the defendant. Action for Rent. In the City Court, this morning, before Judge McCue, Laura E. Billings brought suit against Turin H.

Blackwell for tbe sum of $116.95, which amount lfl claimed as being due for the rent of certain premises in Clinton avenue, the property of the plaintiff, and which bus leased to the defendant. Tbo defense olaimed tbat the plaintiff rrfused to make the premises tenable, aud did not comply with the. terms of tbe lease. B. E.

Volontine for the plaintiff; Geo. P. Sheldon for the defendant. An Old Brooklyn Fire in Court. Before Justice Gilbert and a jury in the Circuit Court tbia morning, the cause of Wm.

J. Bell, assignee of John J. Wernor, against the Imperial London Fire Insurance Company, was heard. On the night of Juno 10, 1870, Werner's furniture warehouse, at 181 Fulton street, waa burned down. William Weed was found on thereof of on adjoining extension with a dislocated hip.

He waa indicted for arson, and convicted, but subsequently, on a technical point, the verdict was set aside and a nolle prosequi entered. It was shown on the trial that within three weeks of tbe fire Werner insured his place for $37,000 that a quantity of straw and palm leaf beds bad been stored just before, and that the whole of Werner's property was worth only $17,213. The policies were in five or six companies, and all refused to pay. The present suit which is against one company for the amount of insurance due will decide the future action of all of them In this respect, as they have agreed to abide tho issue of the trial. The object of the delense was lo sbow tbat a conspiracy existed between Werner A Weed, and that tho Are waa felonious.

The case is on, and will occupy tbo day. For the plaintiff, Bergen, Jacobs and Ivin, for the defendant, W. M. Coit, and 8. D.

Morris of counsel. A Liquor Store iu Suit. In the City Court this morning, before Judge McCue, George A. and Frederick Starkweather brought suit against Daniel J. Quigley and another, to recover damages amounting to $6,000, and base tho suit on the following grounds: The complaint Bete forth that the plaintiffs were the owners of a large amount of personal property, consisting of tho fixtures of a wine and liquor Btore on the corner of Grand and First streots, in thiscity, and that they also held a loose of the premises, which bod nearly threa years to run.

Tbo plaintiffs also claim that the defendant wrongfully and forcibly took possession of the above premises, and tho Block and fixtures, on tbe 9th of March last, and still holds them to the great damage and injury of the plaintiffs, and tbey therefore bring suit for the above amount. The defense sets forth that one of tbe defendants, Mr. Garden, was the lawful owner of tbe promises, and had the right to put tbe derendant Quigley in possea Bion of the premises by virtue of an ownership of the premises by assignment; and also brings a counter claim of $5,000, alleging that the plaintiffs wero in wrongful possession. Upon the close of the case for the plaintiff the Court granted a motion to dismiss the complaint, Dailey Perry for the plaintiff; Didlerson ft Bro. for the defendant; Winchester Britton of counsel.

Divorce Granted. Ann Augusta Phillips against John H. Phillips. In thlB case Judgo Pratt granted a decree of absolute divorce on behalf of tbe plaintiff on the ground of tbe infidelity of the defendant. Fraawnmrs tuis city hall park.

To morrow night, as we are informed by Mr. Thos. Carroll, Chairman of the Executivo Commit teo of the Democratic General Committee, a brilliant display of fireworks wlU take place, commencing at eight o'clock, tn tbo City Hall Park, Such arrangements have been made as wfll render the display the finest in the State or ever seen in thiB eity. Tbe final tableau espedaUy will weU repay the visitor, whether he be Democrat or Republican. OBITUARY.

Ulrt, rrfarr K. Courtenay. Yesterday afternoon Mary Evers Courtenay, wife of Mr. John Courtenay, Administration Clerk in the Surrogate's office, died very suddenly at her residence, 137 Adelphi street. Mrs.

Courtenay was one of the most charitable of women, and waa beloved by all wbo knew ber. She leaves three small children with her husband to mourn bcr early taking off. ORGANS AND IflELODEONS. iEO. A.

PRINCE fc CO. ORGANS AND MBLODEONS. The Oldest. LarfBst, and Moat Perfect Manufactory io the United State. 4,000 Now in ua.

No other Musical Instrument ever obtained tb, urns Popularity. Send for Price Lists. Addresa BUFFALO, N. Y. FUHIVITURI3, etc.

UBNITUBE AND UPHOLSTERY FURNITURB AND UPHOLSTERY FURNTTURB AND UPHOLSTERY FURNITURE AND UPHOLSTERY FUP.N1TURR AND UPHOLSTERY WAREHOUSE. V7AREHOUSB. WARBHOUSU. WAREHOUSE! LANG NAU, LAND NAH. 1.ANO NAU, l.ANO i NAU, 390 TO 295 MC TO J96 (90 TO 736 BO TO 291 FULTON ST.

FUXTON ST. ST, PULTON ST. PARLOR SUITS. PARLOR SUITS. parlor surra PARLOR BUTTS.

parlor surra CHAMBER SUITS. CHAMBER SUITS. OHAMBER SUITS. CHAMBER SUITS, CHAMBER SUITS. NEW STYLES.

NRW STYLES' NEW STYLES. NBW STYLES. NEW STYLES. WELL WORTH SEEING. WELL WORTH SEEING.

WELL WORTH SEEING. WELL WORTH SELXNO. WELL WORTH SEEING CARPETS, QARPETS, OLLCLOTH8. to. The inimensa bankrupt itook at 560 AND 567 FULTON ST.

Moat bo olosod ont at one. Cor a O. ush. Wj order ot tS. ft.

HJOJ.fi f. CENTRAL DISPENSARY. The records of the Central Dispensary, located at 312 Raymond stroot, show that the number of new patients treated during tbe past month was 607 of whom 231 were moles and 370 females. The proscrip tions dispensed in that time numbered 1,283. The total number of patients treated since tho beginning or tho year is 6,114, as compared with 4,079 for tho corresponding months of 1873.

Last year thototol number of prescriptions dispensed was 8,601 this year tho number Ib 10,225, being an increase of 1,024. SHAKSPEARE. Prof. Homer II. Sprague on the Bard of Avon beitiire Before the Evening High School.

A lecture was delivered last ovening. in the Brooklyn Evening High School, by Prof. Homer B. Sprague. HiB subject was a continuation of a lecture previously delivered entitled "Shakspeare's Youth." He spoke substantially as follows: From twenty one to twenty two years of age, during the yeara 1585 and wrote "Love's Labor Lost" and tho "Two Gentlemen of Verona." Robert drunkard, left behind him "A Groat Worth of Wit," in which ho made an allusion to Shakspeare's works aa tho grossest bombast, and that he was a "JOHANNES FACTOTUM," and that bo was a plagiarist, and clothed himself in tho catbers belonging to other birds of rhetoric.

Emerson Bays that Sbokspearo'a plays are founded on the plots or other dramas, and that he never Invented anythinK upon which he built his beautiful works. In what, then, does Shakspeare's greatness consist 1 In this tbat he finds a bam, and turna tt into a palace. No other man over stood at bo many Bland points! looked through, so many eyes, or snoko through so many lips aa this groat man. Through all his beautiful creations, he became for tho moment all he imaginatively saw. Like overy man he was greater than the sum of all of his own works.

He wae indeed A MASTER ABTI8T, tbe greatest the world over saw. An ancient temple may stand for tho ancient drama, so may a modern one Bland for a modern drama, so that it is difficult to classify his plays. Look at tho sources of them. Eighteen of them are of history and eighteen of notion. Iu this mixture, tbis blending, Hhakspoare is true to hiBtory and true to nature.

This shows how largo hearted ho was; Kings, fools, idiota and truly good women, found FAITHFUL BEPBESENTATION at his hands, and wore mado to speak words which would make them appear most natural to tbo eye and ear. He was, if anything, too tolerant, and If he erred, ho did bo on tho right Bide. Ho was the flrat to produce upon tho Btsge the fairies of household stories. The Merohant of Venice is striking for its juxtaposition of contrasting characters. Slight circumstances of 155C point to tho fact that Shokspoare endeavored to found a family of rank, and his father succeeded in procuring tho recognition for hia eon of "gontleman," and he subsequently signed hiB name "William Shakspcare, Gentleman." Many have said that bis power of Imagination was different from that found in other poots.

ElOUAED OBANT WHITE Baid that be infuses Into his plays, thought, feeling and imagery. In some of bis plays, especially tbat of Honry IV, no brings to light on additional quality, that of humor. Hia character of Falstaff, in this particular, is nnsnrpassed. While engaged in his literary pursuits, 8hakspeare was not inattentive to bis business interests, for we find him sucing people by the score, and when by the OPFIOEES OF THE LAW tbo return to bis suits is the technical form, ntm est inventus, he would sue the boil, and follow bis interests to the bitter end. He surpasses all others in tho beauty, Iogio and longevity of his aphorisms, ana many of bis fools, as he presents them to the world, have more wisdom than a whole college of profcBsors, or at least enough to found carry on Bucb an inBtitution.

At this point tho quoted from MEMOBY several of the most charming passages from the works of tho great poet, especially from "Lear," and delivered himself so finely, that he was greeted at tho conclusion of bis effort by round after round of applause. It is not wonderful that Shakepeare was not well known to the great men of tbo day. He had no time to join the "MermaUl Club," where the LITERARY STABS were wont to cluster, or perhaps he waa not a good conversationalist, and chose solitude. Ho was exactly flf ty two years when he died. He should havo Uvea forty years longer, for as he grew be became better.

If he had Uved longor he might have mado up for the shortcomings moral shortcomings of his career; for it was imperfect. I thank God for Shakspeare; spots he had, but so bos tbe sun. Modest man that be was, I think he would have smiled at the EULOGIES tnat have been passed upon bim. It waa not enough that he was the maatcr of all the revela of all mankind. To bim all the world was a stage.

It was to bim a 'Twelfth Night," a "Midsummer Night's Dream," and a "Comedy of Errors." Richard Grant White says he was without religious conviction, and that he carried his people through right and wrong, leaving it entirely to chance, to regulate tha conduct that should best bofit their character. Tula la called "POBTBATDia NATUBE." The noblest phases of human life seemed to be a sealed book to him. The moat brilliant characters hid no attractions for him and Juhna Cssar, who came nearest to being his hero, was nothing but a weak and blundering suicide." Mr. Sprague then commented at some length upon Shakspeare's looseness of character, and regretted that be did not couple with his brilliant portroyol of nature a higher and boUor motivo in liio one tbat would have entitled him to reverence from the moat exacting prac ticlanera of divine truths. CLOSING OLD HIGHWAYS.

Review of a Recent Decision Affecting Brooklyn. To the Editor ot the Brooklyn Eagle My attention has been directed to an article in your issue of October 14, on the subject or clOBing old highways, with the opinion of tho Court of Appeals in the case of Wheeler vs. Clark on that subject, which would appear to reverse the hitherto weU established rule of the common law in reference to the right of parties fronting on such roads. I have examined the case and paints in the law Ubra ry (a client of mine being simuarly situated), and it doea not appear to me, as observed in the article in question, to have involved tho validity of the action by which tbe numerous old roads in Brooklyn have been closed," but the effect only of such closing upon parties owning lands thereon and having no frontage elsewhere, and although this question was, in this ease, squarely iresented, the opinion of the Court nowhere alludes to and it would appear to nave been overlooked. The plaintiff also claimed a tight ot way ovor the old Crip nlebuBb road, by virtue of a reservation in a former deed mado by a person then owning the land now i owned by both parties, and who first conveyed tho do fendants land, reserving the right to the use of this road in the following language: "And olao tns land forming tbe streets, avenues and roads adjoining and in front of tbe Baid lots, to the middle of such streets, avenues and roads, and subject to the use of said lands by al tbe owners of lots laid down on said map and by the pubUc generally, as ptibUc streets, avenues and roads to be opened ana remain open accordingly." Tbia reservation, the plaintiff claimed, ran with the laud and insured to the benefit of all persons wbo misht thereafter become owners of the remainer.

It seem perfectly consistent that a person should, on selling of a portion of his land, convey itsubjoct to just SUCH A BESEBVATION, under circumstances which, without it, would leave him Uable to be abut out from all access to bis remaloim land on the happening of an event which he knew mus some day happen, and has now happened, to wit: thi closing of this old road; and it seems totally inconsist ent to ao construe such language as to make it effectua. as a reserved right and when valueless and unnecessary, and totally Ineffectual to preserve his right at way to and from his remaining land at the moment when iVHR reservation became of any use or value, viz: on the discontinuance of the Use of tbis road aa a public highway. Tho Court of Appeal', however, seem to think aud have decided otnewiae. Wbile it remained a public road he, In common with tho public, had a right of way over tt. When it ceased to bo a public road, Ida right of way, according to thia decision, ceased.

The reservation therefore was a nullity. This point is discussed iu THE OPINION WBITTEN BT OHIEF JUSTICE OHTJBOH, who decided that language to reserve no greater rights to the grantor and his assigns than to tbe public and when this right In the public ceased it did not preserve a private right at way. The plaintiff seems to have relied chiefly upon this point, and I am Inclined to think did not BUfnciently press upon the attention of tbe Court the other point, namely, tbe inherent common law right to the continuous use of the road until an othor way Bbould be provided to give him access to bis remaining land, which may account for this point having been overlooked. No principle of the common law has hitherto been considered better settled than that when one has taw fully acquired a right to the use of a public road for the purpose of access to bis property, no power could lawfully deprive him of it witbont his consent until another way la provided, notwithstanding the fee or the land rorming tbe bed or Buch road may belong to another nor was it considered within the power of the Legislature to enact a low by which one whose property wob so situated could be shut ia or out from access to it. The opinion in question seems to reverse this rule.

Its importance, therefore, cannot well be over eeti mated. There are numerous similar cases of the closing of old roads in Brooklyn, among which may be familiarly mentioned Bedford road and Bed Hook Une, which have long since been closed aa public highways, but as in tbia case there was property on aome portions of those roads which bad no other front or means ot access, the practical closing of those portions of the roads was deemed impossible, and they have ever since so remained, awaiting soma change in the ownership of the property, meana of which some other frontage or means of ISO may be provided before finally and effectually closing tbem. The cast in question shows that the plaintifra and others'property was shut In by the act of the defendant, and that they no longer had any means of access to or from their houses, except by being Mrrmtted through the kindness of a neighbor to pass through his house. He brought a suit for an in Junction to prevent the de fendantfrom closing tbe road, and thua depriving him or the means of accost wnlob he and his predecessors in the property had enjoyed from time immemorial, in which, through the decision In question he has ailed. It ia tha consequence or legitimate result of this decision which I am considering.

If Elm place, for example, should hereafter be by public authority declared dosed, this decision would authorize the owners of the two ends of that place to build upon and completely dose it up and prevent all access to the church and private residences fronting thereon or, if the owners of the two ends of Red Hook lane, on tbo block between Fulton and Livingston Btreets, not yet actually closed, are to be, by tbe establishment of such a principle, permitted to build upon and close tbia lane, the public property there situated, occupied by the Board of Education, would bo completely shut in and thereby rendered nearly valueless. It seems Impossible thai the Court could have intended to make a decision involving snch consequences. I therefore conclude that this point must bars been overlooked. Lu..

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Pages Available:
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