The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-07-09
NEW YORK.
Vanderbilt will Contest.


New YORK, July Judge Donahue
has given decision on the motion made
by counsel for the defendant in the suit
Of Cornelius J. Vanderbilt Va. VIM. H.
Vanderbilt. The motion was to strike
out, as redundant, causes OF action which
were substantially the same as the first;
also the paragraph as to the value Of the
estate.
He said that the contract set up il the
payment Of Sl,0O0,OOO for Withdrawing
the objections Of the plaintiff to the proof
OF the will mentioned; that but one con-
tract is intended to be set out, although
made with different parties. Under the
circumstances good pleading would seem
to require but one statement OF the cause
OF action. All the facts OF the last two
statements may be proven in evidence
under the first. As 10 that part the de-
tendant's motion is granted. As to the
statement OF the amount Of the estate, it
seems to me that it is material TO the
plaintiffs case to show the value Of the
estate. As TO that, motion is denied.
According to the complainant, the prom.
Use to pay 81 ,O00O 600 was made on March
10 last, and the plaintiff accordingly
withdrew opposition, but no part Of the
money has been paid.
INCREASE IN THE DEATH RATE.
For the week ending at noon to-day
there were G73 deaths in this city, against
667 for the week previous. This increase
Of ia deaths in one week is believed to
be due greatly to the heat and tho bad
sanitary condition Of many tenements.
The Board Of Health have renewed their
demand upon the Board Of Appointment
for the transfer OF $1,000 TO their credit,
that district physicians may be appointed
and set at work without further delay.
VI the deaths reported, 800 occurred in
houses containing four families or more.
RIFLE MATCH PREPARTIoNs.
The National Rifle Association, yes
terdAy, accepted gold medal offered by
Gen. D. D. Wylie, Chief of Ordinance, to
be shot for with military rifle, at 800 to
500 yards, with seven shots at each dis.
tance. A letter was received from Thos.
j. Jaques, Chairman Of the New South
Wales Rifle Association, relative to the
match for the Centennial trophy. He
suggested, as the view Of the Associa alton,
that the range should be 900, 1000 and
100 yards, as these distances are better
test Of skill than those adopted at the
late match; that the match should not be
shot on any ground on which the MEM
bers OF any Of the competing teams have
frequent opportunities for practice; that
no member Of any competing team be al.
lowed 10 fire on tho range selected for the
match; that the match be shot every third
year. in order that teams from distant
countries may be able to take part.
CONSOLIDATION.
The American Mining and Stock Ex-
change is TO unite with the New York
Mining Exchange.
DOG DAYS.
Sixteen hundred and thirty-six dogs
have been received since the opening Of
the pound. OF this number 1900 have
been drowned. An additional 500 ours
were captured to-day.
PEDEsTRrAN'FAILURE.
The pedestrian, O'Leary, failed to make
the five hundred miles from last Monday
at ia. NJ. until midnight tonight. To-
night the physicians certificate stated that
the cause oil the pedestrians failure TO
complete his task was owing to the acute
eruption produced by heat, perspiration
and the chaGng OF his under garments.
He made AL miles; the last mile being
done IN 10 minutea and % secnnda