The New York herald., 1869-08-03
RROOKLYN INTELLIGENCE.


ALLEGED BURGLARY.-Peter Kelley was arrested
and locked up yesterday morning on charge Of
breaking into the residence OF James Short l9l TIL
larry street, and stealing therelrom watch.
PROBABLY FATAL FALL-whlam Story, q boy
three years OF age fell from the third story window
Of No. 342 Navy street on Sunday evening. and sus-
tanned injuries OF q fatal character.
A SEXTON MIssING-Mr. William Aspinall, sex
ton OF the Tompkins avenue Methodist Episcopal
church. has been missing frcm his house, corner OF
Myrtle and Yates avenues, since thursday last, ana
fears are entertained for his safety.
SERIOUS KICK BY A HoRsE.-Thomas Parks, .
boy. six years DID, had his Jaw bone broken by kick
from horse while playing In vacant lot in front
OF his fathers residence, LII Conseyea street, on
Sunday afternoon.
IDENTIFIED.-Ihe body OF the boy found drowned
at the foot OF Conover street on Sunday has been
Identified as that of George IL. Logan, who has been
missing from his house In kvington street, New
York. for the past four days. The deceased had
four pounds Of iron In dis pocket.
NOSE NIPPING.-Patrlck Brennan got into O row
with Edward Lyons at No. 26 Carroll street on Sun
day night and, getting his nose between his teeth,
npped piece 1t or Lyons Will be dlsngured Tor
life. Brennan was arrested ana locked up IN tue
Forty-thrd precinct station house TO answer
THE GOLD STREET INJUNCTION CAsE.-A motion
to dissolve the injunction obtained by some property
owners Gold street against the Brooklyn aud New
| town Railroad Company, was made yesterday morn
ing IN the Supreme Court. MIR. Pratt who appeared
| for the company, argued that the parties hau
| proper remedy In law and that Ii was not a case
lhat called for the jurisdiction OF the court De-
| cision reserved.
THE INEBRIArEs' HoME.-The trustees OF the Inc
briates Home, an Institution which was founded
two years SINCE, now propose 20 erect building
sultable for their purposes near Fort Hamilton.
The site Is very eligible and embraces
about twenty-six acres oi land. It has peen
partially paid out OF the maintenance fund, the
institution having received some SAC, 900 from II.
Now the fund is liked at $4,000 per annum.
THE BoGART DEFALCArION.-R. D. Bogart the
United states paymaster's clerk, who was arrested
some weeks ago on the charge OF defrauding
the government out Of several thousand
tarY confinement on board the receiving
was to-day through the intercesslon OF christopher
Fine his counsel, released aud allowed the freedom
the vessel by order OF the secretary OF the Navy
He will be tried by court martial, appointed for
that purpose, on Fridap next
SUICIDE BY A WoMAN.-An inquest was held by
Coroner Jones yesterday over the body OF Mrs.
Catharine Burk, who resided at No. S24 Pacific
street. 1t appears sne had some words with her
husband ON SUNDAY evening and Oh leaving the
room said she would not trouble him much onger.
| shortly afterwards she returned and told him sne
| had taken some Paris green aud would soon be out
| of the world. physician was called In and some
antidotes prepared but she persstanty refused 70
take the medicine and died at e.even O'Clock yester-
day morning. A verdict of death from suicide was
rendered.
THE PROPOSED THIRD AVENUE CANAL-A
motion to dissolve the injunction granted by Judge
Tappen, restraining the Street commissioner from
interfering with the cutting Of third avenue by the
| Brooklyn Improvement Company for the purpose OF
constructing canal, was made IN special Term OF
| the supreme Court yesterday morning by Mr. Wm
| q. Dewitt the Corporation Counsel. A similar
| motion was made by Mr.. Robert NJ. BENEDICT, VINO
abpeared on behalf OF the street Comm ssioDer.
| When Mr. Benedict had made his motion, Mr.. DE lJt
said Jnat the couuse Tor tue city he disputed the
rgnt of Mr. benedict to appear IN
| he differed with Mr.. Dewitt upon this point.
| The Mayor ana the Street Commisso oner, he saul,
| were represented by Mr. Benedict Judge Iapyen
| allowed Mr.. Benedict tO appear Ia tue case. ahd
| after presenting sfidavits Dy John l.. Spaier AMI
| Others he argued tle question at ien9sn. ne
claimed that there wa no law whatever authorizing
| the Brooklyn improvement Companys interfering
| with THIRD aveDue. The only laws under which
tney claimed act were the laws OF 1,0j aud tsUI,
ami only TWO sections Of these law had any refer
ence 10 the III question. The Case vas then dr.
! gued in behalf Of the improvement COMPANY Oy
| General Pratt VINO made the following points,
| First the Improvement Company have legslatlNe
Is one of public benefit and ought TO be
sustained Third tnat the "Oik Is desired by nearly
all tie residents Of the locality where it is being
prosecuted. Fourth thlt tue ouy proper pa ties 20
oUJect 10 the wOiK are tie board oi Nater Comnls-
sioners and 1t IS IN tner discretion whether 20 puud
sewer through tue ayenae or not. In support or
his statement OF the case Gr. PraLt read an addtvit
signed by seventy-uve es.dens OF The locality. Iha
Coart ordered tnaJ, pending tile accession oi Tue mo-
ti0n Tor permanent junction al WORK on Third
avenue should be suspended and that the temporary
Injunction be so FAR modified Us 10 allow lne slreet
Commissioner TO act IN respect 10 ntfd avenue
witnin the scope OF his Official authority.