The sun. [volume] (New York [N.Y.]) 1833-1916, 1865-12-05
Collision ON THE THIRD AVENUE Rail-

rress cars, driven ty Charles II. Haskn. was going
up the BoWery II came into collision with one Of the
Third avenue cars, At the hay scale junction near
| Cooper lnstitute the latter car being driven by
Michel Koran Tie shock was 20 great M 10 break
the Third avenue in pieces, and boy who rol
on the front platform vas instantly killed while the
driver escaped nnhurt, although several Of tho
passengers wero eighty injured. The boy vs..
dres,ed in brown coat and brown pan's over which
latter he also pair Of black pants, and h,d on
awhile flannel shirt The driver Of the EIpres,
car was arrested and looked up in the 18th Precinct
Station House, 10 nsait the action Of eoroner's
jury. The body ofthe boy also taken 10 tho 1jh
Precinct station, where e remains ior Identification
FOG.-In Consequence Of the dense fox which
prevailed all day yesterday, and continued until
O'clock last evening, very few arrivals foz have
toen reported. The steamer Lafayette, from Have
which VA reported BY telegraph having parsed
SANDY Hook at l A. " yesterday, bad not resohed
the city at late hour. She has probably snchofcd
At the southvcst snit. About +. N. yesterday, the
Staten Island ofry boat Mortified. while coming up
the hay IN the foe came IN coll zion with q brig at
anchor, yins away the brie's howsprit and the
flagstaff Of the steamer, which In falling struck
Joscph King, one Of the deck hands Of the steamer
injurinE him severely.
DEATHS HABvEsT.--1hcrc were III deaths
in this city lhst ~eck-sn incro'se Of 81 over
the previous week, nd decrea,e Of 10 A. compared
with the corresponding period IN 1894 OF tn de
ceased 1Ns were children under years Of age Tho
mortality by the princir, diseases wos "a follow
Consumption, %; infantile mafasmas, IS infam-
nation Of the ungs, 80; inflammation OF the bovel'
iG, in.ntle Commissions. 3O bronchitis II dipthc
rlta, ~.
OBiTUARY.--The European mail brings in
tellieones Of the death Of Jacob Delmar, Es4, we'll
knov citizcn Of new York NJ. uclfuar wa. born
in Gibraltar spain in the ,oar i7o3 and wrs con-
requenty I2NCar n ace At the time II his dcccVe
He arrived IN New York In the year 1871 aud tsO
year, aterwmd Va. appointed 10 position In tho
New NoTE Custom House which he retained Tor .I-
teen years, under the Admnistratons Il Presidents
Jack,on Van Bu.on. Harrison and Tyler. DURING
this long period Nj. Dcmar earned and enjoyed the
friendship and este m Of large circle Of icquaint
ances, who admired him Tor BE indt pendent Totlcs
and con,cisntous di,churre Of pull lie dutics. Mr.
Demar was married IN 1871, 30 Miss licividere
Alexander OF ,hls CITY, asis'et OF Judge Alr1ander
mourn his loss the eldest tcng the pte,ent edior
Of the NcS York social science Eeyies aud Hunrs
Magazine.
DREADFUL ACCGDEST.-An unknown man
va, and Killed yesterday morning hy The
Albany e,pIes. train on the Hudson River Il. X.
The aocidcnt occurred about halt mile above the
depot The facts are refNrtei NJ follow, The
express train Mt Thrieth si'eE and Thirty third
suceL ~hlc passing from QUO cnr 10 smother he iel
between tho tso care, ana wa instantly Killed. The
act did not attract attention a trFt and the body
was caught by the brake and carried distance Of
two blocks and half tefoie Il relieved 1t was
found then that the buck aud to.h legs were broken
and That the h nj was nearly severed from the body
The remains rerr oonyeyei to the dcad-hou,e Of
view IT. The deceased ~n well dressed, and was
| apparently 6no looking person. The iace Is, how
ever, unre Fable, and cOnniderAbo part OF tho
head Ia gone
The MUSICIANS STRIKE.-A special meeting
of the Musical Protective Union ". held at Ger
| mania Assembly Rooms. Bowery, yesterday after!
| noon. Mr.. Downing Chairman Of the Committee Of
Delegates to the workinCmeh's lniou, reported that
tChecrsJ lie hop, thai ali Who rad not very press
| ing engagements on next Monday evening would
monster band, which he thought would number 10
pieces There being no other business Of Importance,
| the meeting adjourned.
OBsEoUIEs OF Mr.. VAN ScuAICK.-The
obseques OF the late Mr.. Van sehaick took place
yesterday afternoon at the Washington Square
Church before large congregation, which included
many distinguished citizens. At three O'Clock the
following psiI.bsarerss r Z win,hTon j. Is Mnr-ay a..
Mr.. AymaT, j. Ba clay, Rev. Dr. Ferris, J. G, Green.
oniciated in tho burial service which Was solemn
AID impressive The remains we're subsequently
conveyed To the Marble Cemetery, Second street, for
| intenent
ST. FRANCIS NAvIER.-Thc anniversary of
this festival was celebrated Yesterday a. the Church
Of St Frsnci. Xavier, in loIh street, BY solemn
high msss and sermon
FATAL ACCIDENT YESTERDAY, Coroner Col
lin held an inqueat the body u Francis Drisco,
seyedore, who fatally injured by ia ling from thr
hurricane deck Of tho steamer Neeshanick lying at
pier 2, y. X. verdict OF accidental death was ron
| dered.
| TIE COURTS.
THE srRoSG CAsE-EIGuIH DAYS PRocEEpIsGs-
kouoS ToB A NoSsUIr,-Th.s case was resumed
| yesterday morning before Justice Garyin. ON the
Judge taking his seat 4. T. Gerry, counsel for de-
PENDANT, rose to make motion for nonsuiL on the
grounds lat, that there fatal varnncos between
tho allegations OF the complaint and the proof ID.
That tho alleged cause OF action as proven 3D.
| That all the evidence siyen has not been sufficient
| TO bring the case within the statute. That there
| fore, averdet should be directed by the Court
specially the first nine issues and general
dict the eleven Issues scttled on the ORIGINAL
| pleadinss. Mr.. Gerry then reviewed the evidence,
| particularly emphAsizins the following points; That
Mrs. strong's leaving EdwMd's room Ms no evidence
ing not signal for Edw ard 10 op the door OF
his room, hut resulted from her delicate condition;
| that u was not likely that Edward and Mrs strong
would seek the room OF a ,ovant TO COM
nit an act Of adultery, when their own looms
could have been used that the cont, ssions of Mrs r.
strong to Mrs. Bcdcl and Mrs. Benjamin strong.
without other supporting evidence, we're incapable OF
supporting n of adultery, and were totally mad
missihle evidence. tCounse here quoted numb or
Of authortie. TO support he posiuonl Thai the
written confession, commencing This letter is
written freely" was proof that il had teen written
| under durCfs: that the plaintiff had not INSIDE out
The absence OF conuiynnce OF procurement; thai il
WAS not not necessary prove actual connyanco ID
| the adultery, hut that passive connIyAnce Of the
husband was suic en' IN a. oNins A. we to as.o-
| testimony rho ed that the ptrtes were living
tosether as husband and wife, and that Mu BE-
| dells te.tmony wa proof Of oApIesH iOTclVtur-.
TINT where parties continue 70 dWul together IN the
same house and appeal IN pub As hu.land ana vie
OF the other that the within the word. of
the statute, "yolunl-ry cohaA'aton, no matter