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The New York herald., 1873-11-01
SUPERIOR COURT-SpeCIAL TRRM.
Decisions.

BY Judge Van Worst
Baker vs. Rothe.-This, with four other motions
between the same parties, denied, without costs.
(See memorandum.)
Rant vs. Ruth--Motion for receiver denied
Lord ct al. VS.. Smith.-Order OF reference.
Henelsheimer VS.. Fladdermann-The defendants
answer should be received; $40 costs to plaintin,
to ABIDE event.
Dusenbery vs. Hoyt.-Motion granted
Brown VS.. Northrup and Another.-0rder denying
motion. Defendant TO retain possession OF the
note III question, &c.
Francis ct al. vs. Hart.-Motion denied with $40
costs, to abide event.
James VS.. Adams ct al.-Motion granted.
Dolls VS.. American Submarine Wrecking Com
pany-Motion denied, without costs.
Pickersgill VS.. Nash and Another.-Order dissoly-
ing complaint and Tor judgment.
Henderson VS.. Renderson.-Sec memorandum
with papers.
Haight vs.. Moore ct al.-Motion granted
Kerr ct al. vs. l.. Bar0n.-Motion denied
Mason VS.. The Roosevelt Hospita.-Order
granted.
Reading vs. Gray.-0rder granted.
McDanlels VS. Besson.-0rder granted.
Averell VS.. Patterson.-0rder granted.
BY Judge Barbour.
Ham vs. The Mayor, &c, of New York-Case
settled with amendments.
The New York herald., 1873-11-01
THE GRINNELL BANKRUPTCY
CASE.

The Pledged Bonds OF the Lake Shore
Railroad Company-Mandamu for
Transfer Refused.
Previous to their failure Messrs. G. B. Grinnen
Co. pledged 100000 worth Of bonds of the Lake
Shore Railroad collateral for loan OF 100000
from the Broadway National Bank. Proceedings
were taken against them to throw them into in
voluntary bankruptcy. This prevented the bank
from selling the collateral, but those proceedings
and the Injunction arising in them having been
withdrawn, the bank the next day sold the collat-
erals 10 james Cheney.
Meanwhile proceedings in voluntary bankruptcy
had been begun against Grinnen Co., and de-
cree In bankruptcy obtained. The Lake Shore
Railroad Company and their agents, the Union
Trust Company, were notified OF this before Mr.
Cheney presented his bonds for transfer, and they
refused to transfer to his name the bonds on the
Grinnell endorsement He applied to Judge Bar
rett, in Supreme Court, Chambers. for an order
that they transfer the bonds, which, without such
transfer. became almost unsalable on his hands
Judge Barrett yesterday refused the mandamus.
The New York herald., 1873-11-01
SUPREME CoUnT-CHA RBERS.
Decisions,
By Judge Barrett

BY Judge Barrett.
Atlantic Savings Bank vs. Hettericn- -Report
confirmed as between Hier y F,tch, and special
directions given as TO the fund lSce opnon1
Bulmer vs. Law.-Motion for receiver denied
with $40 costs.
Rochercan vs. Wallace.-Sherinis biz taxed
Wikin VS.. Cram.-Motion denied, with $40 costs
to abide event.
Lawrence vs.. Hess.-Motion granted on terms.
(See opinion.)
Ostrander vs.. Ostrander.-The report must be
confirmed and Judgment OF divorce granted, with
costs.
Bowery National Bank va. Finckle and Others.-
Motion denied, with $40 costs to abide event.
Excelsior Petroleum Company vs. Fowler and
others.-Motion granted, without costs. See me-
moranda endorsed.
The People, &c, Cheney vs. The Lake shore and
Michigan Southern Railway Company.-Motion Tor
q mandamus denied, with $40 costs.
sherman VS.. Thompson.-Motion 20 continue in
junction denied and temporary injunction DIS
solved, with $40 costs
Schnaans VS.. Schnaans. Motion denied.
Manufacturers and Merchants Bank vs. Mcr-
chant.-Motion granted.
Mutual Life Insurance Company vs.. Page
Motion denied, without costs
Gator vs.. Reagan.-Motion granted plaintiff,
costs TO abide event
Ehnenn VS.. Enncnn.-Reporti confirmed and d.
Vorce granted
Glover vs. Mccullough Motion denied, with
leave to plaintiG 10 renew on furiher papers,
Couper, Jr., VS.. Thomas.--Motion denied.
= IN the Matter OF the guardianship OF j. II. NC
ionglc, infant, &c.-Motion granted.
by Judge lngraham.
Murpha vs.. Keech-Motion granted.
trisbie vs. Naturalization granted.
Lane W.. Fowler,-Aiotion granted.
by Judge Brady.
McMuikln ct u. vs.. Bates.-See opinion.
The New York herald., 1873-11-01
BUSINESS IN THE OTHER COURTS.
UNITED STATES CIRCUIT COURT.

Action for Alleged False I'm prisonment.
Yesterday, in the United States Circuit Court,
before Judge Woodruff and a jury, the case Of Mar
Gus Brod VS.. David w. Ives was brought on for
trial. 1t was an action to recover $50, 900 as dam
ages for alleged false imprisonment The facts OF
the appear to be these On the 18th OF August
1871, the defendant Ives, who then held the posi-
ton Of United States detective in the ONCE OF
Supervisor butcher, paid visit to the
establishment OF the plaintiff, leaf to-
bacco merchant, doing business at No. 131 Maiden
show him in his book for 1869 the entries OF sales Of
tobacco he had made therein during that year.
Some time preceding this occasion Ives had taken
the book away and made copy or the whole or 1t.
The request was complied with by Brod, who was
engaged at business inside the ratings OF his pr-
vate office, and he informed Ives that he must
make the examination OF the book outside Of the
oflce. Ives declined to leave the private ONCE or
to go to the general office, and declared that he
would remain where he pleased; that he was act
nS IN tas has q ves asso
move him from the private office he would
cause him to be sent to prison at Sing Sing Brod,
with the assistance OF his porter. removed Ives.
subsequently Ives obtained warrant (bailable IN
$0,000 for the arrest OF Brod, who was taken into
custody, lodged one night in jail, and handcuffed
TO his porter, was brought next day from Ludlow
Street Prison to the court room. After many ad-
journments OF the case by Commissioner Daven-
port Brod was taken before Commissioner Osborn,
who promptly discharged him. The action was
originally commenced in the Superior Court of this
city, but subsequently removed to the United
State Circuit Court.
The defence was that the defendant was acting
in his capacity as government officer, and that
examination OF the plaintiffs book OF 1859,
as compared with the affidavit he had made of his
sales Tor chat year, there was as the defendant al
leges, q very considerable discrepancy.
The Jury found q verdict Tor the defendant
Counsel Tor the plalntiff, Morrison, Lauterbach &
Splngarn; lor the defendant, Mr.. ]. r. Goodett.
The New York herald., 1873-11-01
is NEWS PROPERTY?

The Gold and stock Telegraph Company
Seeking an Injunction Against the
Manhattan Quotation COmpany-Na-
ture of the Complaint and the Injunc-
tiOn Asked For.
A new and interesting question has just been
submitted for judicial arbitration Everybody in
New York who has anything to do with the gold
and stock markets Of this city and is in any way in
terested In foreign financial quotations knows OF
che existence OF the two telegraph companles-the
Gold ana Stock Telegraph Company and the Man
haitian Quotation Company. The two have got at
loggerneads. The former is seeking an IN
junction against the latter company, which
is charged In plaintiffs complaint with repeat
ing intelligence received by plaintin over
she Atlantic Cable concerning the state Of
the foreign markets and the rate OF in
terest in the Bank of England. Both deien-
dant and paintiff are propretors OF stock indica-
tors. SO common In business parts OF the city, on
which prices Of stocks and divers items OF foreign
news are printed on paper tape Plalntlif
charges defendant in very vouminous papers with
taking his foreign reports as fast as they are run
of the tape and repeating them over It's instru-
ments, thereby saving the expense OF foreign
agencies and cable kilograms
The case came up yesterday at Supreme Court
Chambers, before Judge Barrett, and resulted In an
interesting argument. The defendant, by its
President and other witnesses, denied that Its
foreign messages were the same as plaintiffs, and
The legal right to an Injunction was discussed by
counsel for the reason that no precedent Of an
exactly similar case can be found, the system OF
business being altogether OF modern invention.
Mr.. Walker, Tor the injunction, contended that
Intelligence Is property having value by reason
OF Its ana It's salabe nature; that this prop
erty the Court would protect, although 1t was
temporary in Its nature, and that analogous cases
ing authors and compilers rights, and respecting
the prevention OF the publication OF private corre
epOndence against the wish OF the writer, and that
the publication oil this intelligence was confidential
ana limited to subscribers, who might use 1t them
selves and permit friends and customers to use ii,
but who could not republish it,
Mr.. Thomas Z. Stewart, for defendant, submit
ted the law in the case to the decision OF the
Court; but contended that the denial Of the de-
fendant that surrepttious use OF plaintiffs mes
sages had been made, and the explanation that
defendant received the original messages OF Jay
Cooke, McCulloch & Co. and repeated them TO it's
subscribers were sufficient to lead the Court to
deny preliminary Injunction.
At the close OF the argument Judge Barrett took
the papers, reserying his decision.
The New York herald., 1873-11-01
JEFFERSON RAREeT POLICE COURT.
An Unfortunate Roy.

John Warner, OF No. 543 West Twenty sixth street,
boy sixteen years OF age, was arraigned before
Justice Cox. at the Jefferson Market Police Court,
yesterday, charged with snatching pocKetbook
containing s4 from the hand OF Mrs. Hannah
McGrath. OF No 100 West street. 1t appeared the
examination that the boy had been employed in a
book store, from which lie was discharged some
two weeks since. He mad not been able to obi ain
any other employment up TO yesterday morning
when his mother informed him that he must obtain
some money or he could reside with her no longer
He went out into the street, and meeting com
panion told his condition. ''Then,n said the
other, al would stealr AT that moment Mrs
McGrath passed, and Warner Immediately snatched
her pocketbook. He repented instantly, however,
and threw 1t at her feet policeman in close
proximity arrested him. He was committed IN de-
fault OF $500 bail TO answer.
The New York herald., 1873-11-01
UNITED STATES SUPREME COURT.
WASHINGTON, Oct. 81, 1873.

WASHINGTON, Oct. 81, 1879.
No. 81. Moses IS. Keyser-Appeal from the
Supreme Court OF the District Of Columbia.--Keyser
brought suit TO enjon the payment TO Moses OF the
proceeds OF sale OF the furniture, &C, OF the
Union Hotel Georgetown, alleging that he was the
owner and that while it had been sold under q
deed OF trust to secure the payment OF $2.o70 to
Moses, still the latter was indebted to the hotel
for board for much larger sum. The defence was
that the hotel bills were overcharged, and that
when certain other advances made by Moses were
allowed and the bills reduced to reasonable
figure there would be a considerable balance due
him. The report OF the auditor iu the case found
a balance due the hotel by Moses OF $226 &c. and
the judgment was according. The appeal main
tains the allegations OF the defence, aud sets up
number of errors in the ruling OF the Court below
W. ID. Davidge and I, s. Miller for appellants i. ].
Durant and r. Fendall for appellee.
The New York herald., 1873-11-01
FOLEY GAINS A POINT.

His Injunction Against tho Comptroller
and City Chamberlain.
Fighting Foley has made one point at least in his
last injunction foray against the Comptroller and
City Chamberlain. This was In Supreme Court
Chambers yesterday, before Judge Barrett. In re-
sponse to the application for an Injunction against
these chiefs OF our city and county exchequer,
Judge Barrett granted an order to show cause why
the injunction should not be granted, and yester-
day was SET down for the argument. Foley came
up to time with that marked punctuality that
always characterizes him when he has night on
hand and was accompanied as usual by his always
smiling and confident counsel, Mr.. A. X. Dyett. In
opposition there appeared the Corporation C0un-
sci, Mr.. E. Delafeld Smith, looking, as he most
always does, as serious as o defeated CANDIDATE
Mr. Dyett explained the nature Of the injunction
asked for, as heretofore given In the HERALD.
GAS to the alleged irreguiarity In the matter OF
signing and countersigning the checks" said Mr..
Smith, 81 have sent written opinion to the Comp
troer, stating that the system adopted by the
Comptroller and City Chamberlain Is perfectly
legal.n
Court interrupted Mr.. 'Dyett. .As TO that part
OF the Injunction restraining the Comptroller from
him to do work in the City Chamberlain's office,
and which should be paid as required In the new
berlain 1t Is important that 1t should be attended
"Why the great haste?, asked Mr.. Smith.
-'Because tomorrow is pay day, and the Comp
troler will pay the saaries.n
.'Well am glad to know that there Is one law
yer who wants TO prevent the payment Of money
from the city treasury 1t is generally the other
way. How many OF these clerks are therer'
'srhere are three specified in the complaint; but
there are Others, and we insist that the Comp
troller should not pay any OF them.''
Alter some further discussion 1t was finally
agreed upon that the Corporation Counsel should
arrange with the Comptroller not to pay any OF the
salaries in dispute until the Court had settled the
matter OF the injunction. Feeling eated by this
partial victory, Mr. Foley and MS counsel, with an
air OF mutual triumph, left tue court room.
The New York herald., 1873-11-01
THE COURTS.
The Gold and Stock Telegraph Company
Charges the Manhattan Quotation
Company with Illegal Appro-
priation Of Its kilograms.
THE KlNGsBRDGE ROAD CASE.
FSlsy's Fight with the Comptroller and City
Chamberlain Stopping Salaries.

In the United States Circuit Court yesterday, be.
fore Judge Woodruff and jury, in the case OF Brod
va. Ives-whch was an action against the DEFEND
ant, United States detective, to recover $5o,oOO
for alleged false mprs0nment-there was YER
dict for the defendant.
The case OF Oscar F. Wanwright-who Is on trial
before Judge Benedict and jury in the United
States Circuit Court on charge OF perjury-was
not concluded yesterday when the Court rose. II
viii be resumed on Monday.
The controversy In the Courts over the costs Of
opening the Kingshridge road, and particularly
with reference to the bill Of Mr. Boyle the surveyor,
IL endowed with q wonderful vitality. There was
IN extended argumcntin the case yesterday before
Judge Barrett, holding Supreme Court, Chambers.
1t seems to be q question whether Mr.. Hawkins,
the special counsellor OF the Comptroller, has
right to appear for the Comptroller in this class or
cases. Judge Barrett reserved his decision on this
and other preliminary points raised.
Fighting Foley has gained point in his injunc-
tion proceedings against the Comptroller and City
Chamberlain. When the matter came up for argu-
ment yesterday in Supreme Court, Chambers, be-
fore Judge Barrett, the Corporation Counsel stpu-
lated that no more salaries should be paid to
clerks In the City Chamberiain's office by the
Comptroller until the Court decided whether the
present injunction should be granted or not.
The Gold and Stock Telegraph Company charges,
as will be seen by report below. the Manhattan
Quotation Company with approprtatng, without
leave or license, its cable kilograms. An injunc-
ton has accordingly been asked for. restraining
the latter company from this alleged news pilfer-
ing. There was an argument yesterday in the case
before Judge Barrett, in Supreme Court, Chambers,
but without any decision being given.
Judge Barrett yesterday refused to grant the
mandamus asked ior directing transfer OF bonds
OF the Lake Shore Railroad Company registered in
the name OF G. p. Grinnell h Co. to Mr.. Cheney the
recent purchaser OF the same.
The New York herald., 1873-11-01
DYING FROM A STAB WOUND.

Yesterday afternoon Coroner Herman was called
to the Park Hospital to take the ante-mortem ex.
animation OF Michael Colby, thirty-four wears or
age. whose home is at No. 27 Gold street, Brooklyn;
but he was sinking rapidly and was wholly unable
to make statement. On Tuesday last Colby, it s
stated wnle In front of NO. s4 Cherry street. re-
ceiyed stab wound of the chest made with a
knife in the hands OF man named Kelly, now un-
der arrest. Colby declined Identifying the prisoner
as the man who stabbed him, and when able re.
fused to say anything about the matter calculated
to duplicate the accused. Kelly says he used the
knife on Colby in self-defence. Colby rs expected
to live but few hours at the most :
The New York herald., 1873-11-01
OPENING THE KINGsBRIDGE ROAD.
Ssi1l Controverting City Surveyor
R0yle's Fees-Getting mt the Legal
Status of Dexter A. Hawkins.

Boyle's Fees-Getting at the Legal
Status Of Dexter A. Hawkins.
The old story about the alleged exorbitant fees
OF Mr. Edward Boyle, City Surveyor in the matter
OF opening the kingsbridge Road, was revived
yesterday before Judge Barrett, in Supreme Court
Chambers. These fees, as heretofore stated in the
HERALD, amount to $69,901 go. few days ago
Mr.. Dexter A. Hawkins, in his capacity as the
SPECIAL counsel OF the Comptroller, obtained from
Judge Barrett an order to show cause why, on new
acts presented the settlement OF the bill Of costs
on the Kingsbridge Road opening by Mr.. Justice
Pratt should not be set aside to the fees OF Mr.
Boyle, the surveyor and this motion came up yes
terday for argument.
had evidently Strengthened himself up Tor long
Speech when he was brought TO u full stop by an
"Who do you appear iorS" asked Mr.. Hawes, the
counsel OF Mr.. Boyle.
sBy looking at section of the act Of 1862 to pre-
vent frauds in street openings you will find out,
tartly responded Mr. Hawkins.
s'The question consider pertinent one, and
you'd Ike more explicit answer" continued
':Read the section OF the statute l have referred
TO and you will find OUT" replied Mr.. hawkins
"You appear for the Comptroller, do you notS"
tnterposed Judge Barrett.
II do" smilingly replied Mr. Hawkins.
the Judge rebukngiy.
Mr.. Hawes went on with quite speech, insisting
that the Comptroller had no business TO employ
speclai counsel In suits ofthis character unless
Counsel.
Mr.. Hawkins insisted that the Comptroller was
doing only what he was fully authorized TO do by
law. He added that MIR Boyle had failed though
frequently promising to do SO, to give satisiac-
tory explanation to the Comptroller regarding his
fees In this matter; that II was the duty OF the
Corporation Counsel to move for a confirmation OF
the report OF the commissioners, and that AZ the
Corporation Counsel could not very wen oUpnse
hts own motion, he had, himself, been employcd ID
do this.
Mr.. Delaflcld Smith, the Corporation Counsel
said that his duty was rather conflicting He was
hound 20 present the report OF the Commissioners
including this BILL for confirmation, and coud
scarcely therefore present objections TO ID: and
though he had not employed MI. Hawkins, HIS ac.
tion was perhaps proper.
Judge barrett said he could take no cognzance
OF the case until this preliminary point was settled
IL was finally concluded To waive the objection to
Mr.. Hawkins appearing until the case went up on
appeal.
Mr.. Gratz Nathan on behalf OF a large number
OF property holders, objected that technically they
were necessary parties TO this proceeding, aud
could not be excluded without notice, and sub
atantially that this was a motion opening m ~.
finite delay and leaving them, practically, like Ma.
homets coffin, suspended between heaven aud
earth.
Mr Hawes In the same interest, objected. pre
liminarily, that this matter. having nnem decided
The New York herald., 1873-11-01
COURT or common pLEAs-specIaL TERM.
Exchanging Steamer for New Jersey
Lots.

Exchanging Steamer for New Jersey
Lots.
Before Judge Robinson.
Application was made yesterday in this Court by
exJudge Van COtt for an order to vacate the order
OF arrest OF James d. Mcneil. 1t appears from the
afidavits that Mcneil is lawyer, having an once
at No. 80 Nassau street, and the complainant,
James Shea, charges that he gave him false Ger.
tifcate OF title, by which he was induced to give
Thomas Larkin the steamer Pope Catlin, worth
$4,000, in exchange for fifteen lots at COmmuni-
paw, NJ J. He also charges that Mcneil showed
him written statement purp0rting to be from Mr..
Gilchrist, the Attorney General OF New Jersey, to
the effect that the State did not claim these lands.
Mr.. Gilchrst makes afidavlt that he wrote dis
tinctly, "The State does claim these lands" Coun-
asked that the arrest be vacated on the ground
that the complaint for conspiracy was not sus
tanned by tine affidavits. Mr. John d. Townsend re-
piled for the complainant, and the Court took the
papers.
Decisions.
BY Judge Robinson.
Skin vs. skin.-Divorce granted to plaintiff.
Ripley ct al. VS.. The Mayor, &C., OF New YORK.
Motion denied, with costs. (See opinion.)
Cust0dus vs.. Lass.-lnjuncti0n denied
The New York herald., 1873-11-01
GERMAN BMIGRANTHAUs,

"The German Emlgrant House,r at NO, 10 state
street, was formally opened and dedicated yester-
day afternoon. Several addresses were made by
prominent German citizens, in which the objects or
the Hous were lucidiy set forth. The ends OF tho
institution are to afford rendezvous for German
emigrants coming into this port aud 10 protect
them from the wiles OF the emigrant swindlers.
hereafter the Hdus will De opened f0r all who
apply for WORK or transportation westward.
The New York herald., 1873-11-01
TRADE AND LABOR.
No Decline OF Business in Our
Dry Goods Palaces.
LEATHER DULL, BUT THE SWAMP FIRM
The Reduction of Wages in the
Building Trade.

AS stated recently In the HERALD, the financial
arrangement originated in the natural conse-
quences OF the reckless schemes OF Buchu bankers
ia spreading TIL it begins to pinch the artisan and
laborer, who depend for ood, shelter and clothing
upon the wages OF daily toll Building is checked,
factories run short time, workmen are discharged
and wages are to be cut down. Unless confidence
an stability soon return in the money circles,
there is prospect OF much enforced idleness
throughout the city during the coming winter and
great suffering. Yesterday the condition OF several
branches Of trade was shown. To-day the results
OF inquiries among the dry goods dealers, leather
merchants and builders Is presented in the follow
ing reports.
The New York herald., 1873-11-01

sales were fair. There had been slight abatement
IN prices to cash customers and the firm had no
special desire 10 court time trade with the pros
pee. peel oi = carving AIRY the paper. They could better
anord 10 oher solid Inducements to cash buyerS
No fallIngon was anticipated In the aggregate
demand dnrlng the next two months, and IL was
not llkely tnat the manufacture would be slack
ened, at least ior some time yet to come
The New York herald., 1873-11-01

By Judge Pratt after full hearing, was review OF
q decision OF one Judge by another.
judge Barrett adjourned the motion I'LL ne could
decide the preliminary objections.