Democrat and Chronicle from Rochester, New York • Page 4

ROCHESTER DEMOCRAT AND CHRONICLE: MONDAY, APRIL 30, 1877. Stove and Tinware. Book and Stationery. THE LORD SUIT. the said complaint, to tha said plaintiff, nor of the subject matter thereof, other than tha Democrat and Chronicle.

DrtM Goods. We nave now on exhibition an immense stock of new dress goods, embracing all the newest shades and latest novelties of the season, in all qualities. The new shades are unusually attractive. SiBLXT, Lindsay Cubr. bribery attempted, but to secure evidence to use in civil actions, and adjournment was effected until Wednesday morning at 11 o'clock.

BASH BALL ROTES. Tha Rochesters practice on their own grounds this week. Purroy, of the Rochesters, Is laid up with a sprained ankle, bat will be out again a few days. On Friday and Saturday of this week the Rochesters play the Brooklyn-Hartfords tbe Scio street grounds. Wilbur, the skillful pitcher of last year's Rochesters, is putting in his excellent curve Genesee He will be a valuable addition the nine there, The Syracuse Stars walloped a league club tha Cincinnatis in a bad way Satur JOIIfJ LI.

REM, Jr. S3 Stoves and Tinware, STREET SALE OF rators, Cream Freezers, ERY! 33. Warer Description. at Low Prices. UGH, Street.

34 East Side 2Tineti-2rine Cent Store. EAST SIDE 99 CenlSTORE New Goods! New Goods OlMefl mhi HAVE OPEKID THEIR SFRtNO IMPORTATION Of NEW GOODS, AND FOR JENEBAL BARGAINS THEY CASKOT BE EXCELLED IN AJTY OF THE DEPARTMENT. Please CAUL, and EXAMINE for Yournelvea. 75 East Main-Si. Legal Notices, fsV'OTK'K TO CK EDITORS.

Pnrinant to an order ot Xrk tbe 8nrmirt of the Connly of Monro, notioe ti hereby itiven to all persona nttTing citttma sVRAinrt Mary iiuddy, tate of tb city ot Rochester. Monro County, Stie of New York, deceatett. to present tia same, with the voucher, thereof, to tbe andarlsm3, at 4" 8a Yunnan street, lo the ony ot Rochester, aa or before the day 01 July, UTi, 19.4. VlbUAM HOODT, Admin'StTttor. OTICB TO CRBD1TOR8.

Pursuant to an order ot XI W. D. Bnuart, Burrow of the County of Monroe, notice Is hereby given to mil persons hsTlaa cisAmt swklnstit'brii wpher Jordan, Ute of or, Kh be: er, Monroe Conmy. State of New Tort, deceased, to present the same, with the voucher! thereof, to the undersigned, at No 3T Heynoid- Aiosds, or 29 Savannah street RoehasMr, N. on or before latl Jn3Lh.

JULIUS JOHTAX. Administrator. OTICB TO CRBDITO KB. Pursuant to an order of the Bnrrosaw of tbe County of Monroe, sauce ts hereby given to all persons bavin Claims ak-aias Richard Frver, tate of the ctty ol Rochester. Monroe County, 8uaeof New York, deceased, to present tie same, with the vouchers thereof, to tb undersigned at Cvrner mk and Smith streets RocQesEer.

si. on or before tne attn oar ox Juy. ism. BERTCCRRIJB. AdwlategtOgi.

OTICK TO CRKDITORS. Pursuant to an order W. 1. ShuRTt, SarrXHiate of the CountTj roe, notice is nereov riven to an persons against Stephen Rucktand, late of the town ol.1"" dequolt, Monroe Count, State of New "f-T ceased, to present the same wuh the vouchers ihereo to the undersigned. fats residence ta iroadeyaott.

on or oetcre tbe ma aj ol Jit, bated B. BUCK; X'OTICK TO ss ertee IN of Oonnlj ot Monn notice Is Hereby si.ea to all par.nn, tate or the town. of jJfi St'im Suit, of Sen present tbe tmm. wltb the Touchers thereot. underlined, at bis residence ta Mealoa, on or betore lAeain oa, oi jsij, Duud January Tth.

SotLS 1. COKKsXU, Kiecstor "X' OTK'K TO rRKDITORS. Pursuant ttt as ortsr Of the Surnwate of th. count ot nonoe la hereby given to all pemm, ha.tns ciaim, Jobu M. Marts, late of tbe oitr of Kotheatsr, Monroe County.

State of New Tort, ayceaaea. Wlr tent the with the thereof. tV te undeiilsned. at ti offlc. o.er rt Biat.

SUMS. N. colore the JHUiJaj ot July. sth.is:?, itnftor- OTO'S TO CKKniTORS. -Pursuant to an onJet ef huarUruifinoflheluunty of Monroe, Dotleeu hereby 1', all bartas elattus UKaui.t Silclotal Kelly, lute of the town of hl.l.

Ifonroi County. State of Sew Vort. deoea.ed to the with th. thereof to tb. nnderulnetl.

.1 ht reantenc on or hefore the lata ia, of Awash I'- Hate 5th. 1STT. oiB.u.11. HOKTOH. Administrator.

OTtCB TO CRK01TOR8- Pursuant to aa order ol li Mhaart. piurroaaie of th OnontT ni Mos Hi, nniiiw 1 la tii-sib slvMi to aM iroia haftmi ciim awalnst James tl. Ann in. tatof the etty of RixUitu ar Monroe County. Slate of New York, de.Mid.

to pr-strnt the same, with tha vouchers thereof, to ths as dcrstsned, at Mount Mortis, it fir Raton County. before the taih day of January. Is, laUrdJuly UnJk. lii'ii. 1 BURR IK WIS, Adatslstrator TV OTtCB TO to aa b.

Khuart, furroat a of the County of noticeis herwbt ail van to all persons anal al Albert K. Bussey, ler, Monroe County, Stat of New Vurk. oeesasea. to prewtit the same, with the Touchers litf. umlersnad.ueo.

Bossey. aJ oi in it rtOT; V-Crttteoeen law oce, Puwer' Block. UOJlMUVar on or before the eighth day of Jane, t1- fc IJatsdIUMbMt.r.JI. As Administrator of, Ao. ol Aihett JtKn.y Pnjsnaa ol the ftunwraw of ti.

County of MS5 i. dT Keheter. alonme county. tai. imd.

to posaeiu th. same, with tf ot.U' thssndwstns, at Ho. I Mala tree" eeforeth. th dayof July, ten. Kf OTICB TO PBUmTW- Pursuant to Is ft th.

Hurroaat. of th. Vut, oj lionroaJ a hereby ii to all JTeier t'r arles Vomer, late the city r-Motiro. County. Htal.

ot Now v. the us- Knl with th. '''hriat ten oerslfiied. at hit office. Po Blout.

the tfth Jay ol roBNl. Du.d Kov. litfc. W- Cook Stoves TIN WARE I GOODS MEW BOOKS tor SUNDAY SCHOOL LIBRARIE8 New Bible Commentaries! tacta' an. Met Billies OF Al.r.

STYLES AND SIZES. Sunday School Papers OF ALL KINDS SUPPLIED MCNTHLY. WALL CABDS AND M0TT0E3 AT GREATLY REDUCED PRICES. O. D.

Grosvenor No. 75 State Street. simtoi, LIBRARIES. Our Btock of good SABBATH SCHOOL BOOKS Is very larga. Superintendents, Sabbath Schoal Library Committees and Teachers are invited to call or write for terms, niscounts to Sabbath Schools same as New "Fork dealers make.

Call or address Ctlerriam Go Booksellers and Stationers, No. 40 West Slain Street, ROCHESTER. M. Y. PHILADELPHIA Lawn blower! 1,500 nr use in eoohesteb.

The Best of All Best Made! Lightest and Easiest Manured 1 VW Written pn.rante. for year on all Bold bT lis, and extras of all kinds ftimisbAd to those buying of us. PKICB $18 to 26. STEELE AVERY, Sole Ajjentsi, 44 and 46 State Street. TVTAX ATTD ARTI3T MATERIALS Faber'a Pencils.

Drawing I'aper, at AhCADE BOOK 8T0KS. BLANK BOOKS Grocer and Batcher Books. Cepvio Books. Ac, at JACKHO.N BURLKIUH'S, Arcade. AY FASHIONS Bon Ton, Revue de la ffc, at AltCADE NEWS EO0SL fS OLD PENS, Pocket Knives, Writing Desks, at JACK80M BOBLEJOH-S.

CHARTER OAK iwn lower SOLD BY SCRANTOM WETMORE, No. 12 State Street. PORTEMONNAiES! In ths NEW SPANISH LEATHER. Tiffany Stationery Teachers' Bibles! A ft IX LINE. scrantomIwetmoee No.

12 State Street. 10 12 Exchange-St. Molh-Proofi mm UH tST THK BEST IW THING IS IW THE WORLD t- TO BAVK 1ST CARPETS 1 iX)It SAIVE Geo. L. Siratton Co.

No. 61 State Street. Catu. ON HAND! ON HAND! ON HAND! ON HAND! OH ON HAND! ON HAND! ON H.ND! ON HAND I We bays just received a large assortment of tbe very latest styles of CANBR! CANES! CANES! CANK3! CANES CANES! CANES! CANES'. CANES! Cftll and Bee Them.

No. 78 State Street IHB NANCY'S PIIjUIUMAQK A Novel Hy Virginia W. Johnson. Price 50c jTKtlJC A AV KUV, 44 anil 4 Stalest. IBRNB FI.KMINO By Mrs.

C. sVlvl'l Price 1.75. rot A. War- BOUanium WCTUoiib, 13 state-st. WADES PRINTING INKS! ron sale Br ALUNE COB! HAND aforesaid fraudulent astgnment of said agree-.

menta flFTH AWSWa-R. And the said defendant, for a fifth and sep arate answer to said complaint, repeat the averments in the said fourth answer hereinbefore stated, and thereupon further avers the said plaintiff, well knowing that hard burned brick could not be provided and laid said water works at a less price and cost than twenty-three dollars per thousand, and the aforesaid estimate stated in the second answer hereinbefore pleaded embraced four millions of hard burned brick in work, falsely and fraudulently intending to obtain said contract, marked schedule and to deceive said board of water commissioners, And to cheat and de fraud this defendant, and to prevent the use such hard brick in said work, and substitute therefor iron pipes at an extravagant and wrongful price, proposed and offered and had specified in said contract, as full price and compensation for hard-burned brick in said work, as follows: "For hard burned brick in work at the rate of one dollar per (thou i sand meaning). And in further execution of false and fraudulent intent, falsely pretended to said board of water commissioners, while said work was progressing, that it was impracticable to lay the same safely so as to form a proper and permanent passage for water; all of which was false and well known the plaintiff to be false, and thereby induced the said board of water commissioners abandon the use of hard brick, as they had theretofore intended and expressed in their estimates, to the advantage of said plaintiff and to the damage of this defendant and thereupon the said plaintiff falsely and corruptly colluded with one of the water commissioners to have iron pipe substituted for said intended brick culvert and passage way for water, and falsely and fraud ulently pretended to said board of water commissioners that such pipe could not be provided at a lees price than ten cents per pound, when in truth and in fact he well knew, and so did the said commissioner with whom he was then fraudulently colluding as aforesaid to cheat and defraud this defendant also well knew, that said iron pipe could and would be provided at eight and one-half cents pound, and in manner and by means aforesaid fraudulently induced and persuaded the said board of water commissioners to pay said iron pipe at the rate of cents per pound. And thereupon said plaintiff, under the false and fraudulent pretense that he was acting in behalf of and as agent for the said James MacDonald, proceeded to lay and did lay in said works iron pipe in place of hard-burned brick and along the trenches for a great distance, and received from the said board of water commissioners payment therefor at and after the rate of ten cents per pound out of the moneys as aforesaid borrowed on the credit of this defendant, and which moneys in the aggregate exceeded the real value and cost of said iron pipe, as the same was provided by the said plaintiff in the name of said James MacDonald, in the sum of $66,000. And by reason of the premises this defendant demands judgment against the plaintiff for $154,000, by way of counterclaim; as recoupment of the damages demanded him in this action.

SIXTH ANSWER. For a separate and sixth answer to the said complaint, this defendant repeats the averments and statements in his aforesaid second answer and defense hereinbefore stated, so far the same relate to the said special laws of this state; the appointment of said board of water commissi the issue of bonds upon the credit of this defendant; the borrowing moneys; and the execution of agreements tne said James MacDonald; and thereupon this defendant further avers, that; while said water works were in course of construction by fcid plaintiff in the name of said James MacDonald, as hereinbefore stated, he carelessly and negligently and unnecessarily injured the lands and fences of the owners of land along the line of the trenches and conduit line for said water works, and wrongfully, carelessly and unnecessarily piled upon such land large quantities of earth, stone, and useless timber and material, and carelessly and wrongfully suffered and permitted the same to remain there, to the great damage and injury of said land and the owners thereof, to wit, in the sum of $3,500, and which the board of water commissioners were constrained to pay and did pay to said owners out of said moneys procured upon said bonds aforesaid, for the cause aforesaid. And this defendant herein demands judgment therefor against the plaintiff by way of counterclaim or as recoupment of the dam ages demanded by him in this action. SEVENTH ANSWER. A nd for a separate and seventh answer to said complaint, this defendant averments and statements in fourth answer set forth, and ther avers and states that while sai worts were in course of construction piaintiff in tbe name of said James Mac Donald, as hereinbefore stated, the said water commissioners, at the special instance and request of the eaid plaintiff, in the same of said James MacDonald, as contractor, procured and to the said plaintiff, aa representing said James MacDonald, one steam engine and pumps and pipes to facilitate, carry forward and construct a reservoir in the town of Rush, being part of said waterworks embraced in the aforesaid agreement designated herein as rchedule and which was of the value of $3,000, which sum the said board of water commissioners paid therefor to and for the use of the said plaintiff, out of the said moneys procured upon tbe said bonds as aforesaid; and which sum of $3,000 this defendant will offset against any demands of the plaintiff proved in this action, and demands judgment against the plaintiff for the balance.

J. H. Martindale, A counsel for the city of Rochester. THOSE BB1BKU1 CASES Continuation the of the Examination at Police Court Faturday morning the alleged bribery cases wtre again under investigation in the police fourt. The superintendent and engineer of the road, Mr.

Cbilds, was the first witness svrorn. James E. Childs, testify an follows: Am an enpneer by profession; was eogineer of the State Line railway ince last Juiy; the lenffth of the road wus 10m miles; twenty live miles was completed: beyond Koy tha frrading was nearly complete and ten or eleven milt of track UUd; did not think all the right of way was secured to Salamanca: cnuld not tell how much wassecured; the bulk of grading was done clear through; the road was not fenced clear through; the fencing was nearly completed from Rochester to Le Koy no work on the construction of the road has been done since Janury it was his duty to prepare tbe report for the state engineer; he was also superintendent; one report had been made since he was superintendent; he believed this was make in January; the report was Rigndd by Oliver Allen and himself; it was sworn to before William H. olmstead; did not think he had drawn up a complete report and presented it to Mr. I'pton for his signature, that he refused to sign.

I'M you in the month of December, 187H, sfcortly Lefore the 1st of January, re8at a completed report to Mr. Upton, the treasurer, for his signature or verification, in iiich tou out the item a stated to be fHti.008.17, the item under gradation and masonry which you stated in your report to be lit, to be less, to-wit, the sum of bo that there was a discrepancy between the proposed report you presentedt to L'pton and the one he signed I do not remember tbe figures of the report. In the proposed report you presented to Upton was not the item for superb met re, iaehidtnfc iron, which you stated in your report to hi put iu $4.1,000 lesB, to-wit, the sum of I iio not rt-membe- the figures of the report. Watt Bot an item of passenger and freight station put down in your prepared report and in the actual report "Otl i I do not remember the (Igures of the report. Did not know whether he had prepared the report presented to Mr.

Upton in his possession. On the pre' sen tat ion of the report Mr. I'pton refused to sign it, and suggested tl.at some other oftioer who knew more about tbe road than he did had better sign it. Tbis report was made up from papers and data in the office. Mr.

McKaughton furnished some uf the papers and data. There might have been payments put into this report that occurred prior to lh74. Had part of the data in his from which he made up ids report, had not the data by which all tbe Items in the construction account were made up; kept boobs since he had been In the office relating to tbe canh of the road; kept one book with estimates, bills and vouchers ia it; he axso itept a siieet snowing the maintenance of way and the cost of the road had several other books beside paper, two copy books, letter book and bill book; presume he took tbe report presented to Mr. Up 'on away again: If not destroyed, it was still in oni'-e-could not explain the discrepancy of the 000 item hi the report signed by himself and Oliver Allen, and the one undented to Mr I n.n he did not kn-Jf there was any discrepancy or recollect the figures, Similar anawers were made by witness to the other items. Iid cot remember whether there were any changes in tbe two reports except to make the amount larger.

He found the aecounts in a chaotic state and did the beet he could with them he was appointe superintendent on July nth; so this report would cover only two months of hta services; did not think the report would have the effect of increasing the iteniB of charges against the road, or diminish any discrepancy between the Mxrefpts and exinditures, as he did not believe it had anyUiiug to do with the treasurer's accounts. Donald McNaughton was next called to the witness stand. He said he had not the minutes of the board of directors; he could not get them, aa they were not in his control; they Were controlled by the company. A subpoena duces was iEsued by the court, returnable on Wednesday Subp-unaa were also issued for Oliver Allen and Harris. A kngthy discussion then ensued in regard to the manner in which the investigation was conducted, iu object, the bonds, in the course of which Mr.

McNaughton said Mr. VanVoorhis had lied. An apology was demanded, when Mr. McNaughton said he would apologise to the court fur using such a strong expression, but he maintained that Mr. Van Voorhis was incorrect in his statement.

After considerable further discussion In regard to the delivery of the bonds over to Taylor, in which Mr. McNaughton said the object of tbe investigation was evidently not to prove whether or not there had been any in on at to is Leake, at the K. Charcb, There was a large attendance at the Alex-der street M. S. church last evening fact each of the aisles was filled with chairs, and every inch of available sitting room was utilised.

Every young man who could possibly effect an entrance to the church in company with his most intimate young lady friend, did so, hoping that perchance she topic the sermon might afford him an opportunity to nod his bead ominously at toe aforesaid young lady, and sagely remark: I told you sol" Mr. Leake is a speaker of considerable talent, and seems to be gifted with the faculty of adding spicy incidents and anecdotes bis more sober expressions of thought, which has a tendency to attract and hold the undivided attention of his hearers throughout address. He chose as a topic for last venire's discussion the tenth Terse of the thirty hrst chapter of Proverbs, 'Her price is far above rubies." Mr. Leake said he was well aware of the delicacy attendant upon a discussion of the duties and the obligations woman in society. Indeed every phase of the woman element of society had been of great interest to the whole human family ever since Adam first awoke in the.

garden and found a beatiful creature by his side. In every age woman had been praised by the historian, sung by the poet, painted by the artist, and painted, alas, too frequently by herself But largely as she had been noticed, perhaps there was no clase of questions which had been so unjustly and inadequately discussed as the duties, responsibilties, virtues and follies of woman. His subject treated exclusively of woman in society, and certainly society without women would be a very dry affair. Since the gentler sex were important in society and so absolutely in-dispensible to it, they were largely responsible the condiiion of society, be that condition good or bad. Ever since Ere worried her mind as to how she would pattern the first apron she wore, woman had given an abundance of attention to the various modes and styles which then and now were given each importance in the make-up of her dress.

Woman had chosen for herself the shapes of garments she would wear, and it therefore become her to avoid making them in such a manner as to wrench and compress her entire system until her form appeared Tery much like the inverted funnel of the liquor dealer. Referring to the dress and protection ladies' feet, he said it was a Tery brave woman who would dare to appear upon the streets with her feet clad in thick-soled, high-top boots, even for the sake of protecting her health from exposure. And then, while men were constantly having the hair upon their heads clipped for the sake keeping the brain cool, woman was not sat fit even with the wealth of flowing hair with which nature had endowed her, but she must also call the hemp-field into requisition, and even go down to the charnal house of the dead, in order to get enough stuff together for covering up the head to a suf ficient thickness. In this country the first question which would be asked, before one person of society would condescend to make the acquaintance of an other was, "How much are you worth But in considering the nobler and more worthy aspects of woman's character, he said she might do a great and inestimable work in elevating the poor and lowly of her own sex such positions as they ought to occupy in society, instead of being left an easy prey to the passions of libertines and unprinci palled rascals among the sterner sex. No woman in America occupied a position of greater influence, either for good or bad, on the customs and usages of American society, than Mrs.

Rutherford B. Hayes, and yet this woman, in all her magnificent grandeur, had not hesitated to proclaim that never, at any reception over which the should ever be called upon to preside, should the wine-cup be introduced; and well were it for American society if such a woman might always occupy a position In which she might set so auspicious and worthy an example. He should not forget, however, in all the criticisms he was making upon their prevailing characteristics, to say that none but women could ever have worked to such good advantage in charitable work, and that her careful and faithful attendance in the sick-room had done what it was not possible for the hand of man to accomplish. He delighted that woman had been so great a helper in making even the path down into the valley of tne shadow seem paved with polden sunshine, and with sun bcundUess posei bill ties for the ac com push men is of gooa witnm ner power, now much greater the blame that might rightly be beajed upon women if they neglected their high calling for tue sake of drees and fashion. Well was it for young men and women who had noble Christian mothers, to whom they might lock for worthy examples, not only in txe graces of Christianity, but also in the practices of their daily lives.

These were such women as those referred to in the text as beipg valued far above THE STATE ROAD An Agreement at Last A fleeted Work Alone tne Line to be Kesumed To-day. The negotiations which have been going on between Mr. Waterman, of Philadelphia, and Mr. Leighton, of this city, and Henry A. Taylor, of New York, in retard to the diffar- ences existing between them on State-line rc alters, culminated satisfactorily on tSatur- day by the transfer to Mr.

Waterman of Mr. Leighton's Interest. Mr. Waterman arrived here on Friday the 20th hist, and remained until Thursday last when on account of pressing business engagements at Philadelphia, he returned to that city, but Colonel WeistUng represented him in continuing the negotiations which we may say were practically successful on Thursday, and en Batuday the papers were signed by Mr. Leighton and Mr.

Taylor, and sent to Philadelphia for the ap- proval and signature of Mr. Waterman. As I he substantially had agreed to them before leaving, there is no doubt but he will ratify at once. Bo confident was his representative that he would do so that the sub -contractors, VanBuzen and Wood, were directed to resume work on the road to-day, and they will do so. The intention is to push the work construction rapidly, and we are assured fc that in this respect there will not be any reason for faultfinding by those interested in the completion of the road.

The full text of the argeement entered into on Saturday is not made public, but it is un derstood to contain one restriction which should have been a part of the original contract under which the bonds were sold to Mr. Taylor. The bonds yet remaining in the Fidelity Trust company, of Philadelphia, belonging to the contractors can only be drawn out as the iron is delivered to the company on the line of the road for the purpose of construction. This is a valuable safeguard and practically insures the completion of the road. Ail the iron necessary is already manufactured and shipments will commence at once, in common with all our citisens we are heartily glad that the differences ajc amicably settled and we trust we shall be called note the progress of the work instead of narrating the quarrel indulged in of late between parties whose in-terefete seemed to be antagonistic.

The directors have labored assiduously to bring about a reconciliation and have the work resumed, and we trust that harmony and good feeling will soon prevail. The people who have aided tiiis road by taxing themselves are entitled to have the road completed. Mr. Waterman, we are confident, will receive the hearty cooperation not only of our citisens but of those along the line of the road in the work he has undertaken. Swindlers.

On Friday afternoon last two men, who gave the names of Bamuel Williams and John Reynolds, visited the liquor store of Josiah at 112 Front street, and represented to the proprietor that they had just purchased the property on Mill street, known as the Toronto house. Reynolds represented to one of Mr. Newman's clerks that himself and partner were desirous of restocking the house they had just bought with a quantity of choice liquors. After talking with him for a short time, they gave the clerk an order for the delivery at the Toronto house of various kinds of amounting in value to -rJ. The salesman sup posed the transaction had been done in good faith and accordingly prepared to deliver the goods.

Just then the nr the store came ia, and after hearing of the affair he went to the Toronto house and made inquiry of Mr. McLean, proprietor of the hotel, of whom he learned that no such men had purchased his place, or even visited it with any such intention. It was afterwards learned that the same men also went to the cigar factory of C. 6. ticker, corner of Factory and Mill streets, where, under the same false representations, they ordered about of the best brands of cigars, which they left orders to have delivered at the Toronto house.

Bicce these deceptive transactions neither of the men has been seen or heard from. They appeared to be Canadians, and though their swindling game worked financial injury to no one, they will be speedily placed under arreit if detected at a repetition of the swindle. rtUtftONAL It has been reported that James Cunningham was seriously ill, but this we are assured is a mistake. He is as well and hearty aa ever he was in his life.9 John E. Owens and company wera at the Brackett house last night.

They play at Auburn this evening. i aaest ay Hsw. T. JJ. Alesa4r-Street fl Laat Teai lam of to 44 act the the S9 of of 593 H.

a I i i ANSWER TO TUB CO HP LA I NT. The Defendant, the City of Rochester, I a pleaded wttk William K. Reward; and Tseaisi ael-btB Make A sewer to the Com plaint of etsrg 1. Lord, Fa alia bed at the Tine ot Service I' pom tne City Officials $600,000 at laaae. Supreme court, George D.

Lord against the City of Rochester, William R. Seward and Thomas Leighton. The defendant, the city of Rochester, impleaded with William R. Seward and Thomas Leighton, answers the complaint ot the plaintiff and denies the same and each and every specific allegation therein contained. SECOND A9SWKB.

For a separate and econd answer the said defendant, the city of Rochester, alleges that under and by virtue of certain special acts the legislature of this state, to wit, chapter 387 of the laws of 1872, entitled An act supply the city of Rochester with pure and whulesome water," which act was thereafter further modified and regulated by certain other acta of tine legislature of the state, to wit, chapter 771 of the laws of 1872, entitled An act to amend the several acts relating to the city of Rochester, also chapter 754 of the laws of 1873, entitled An act to define and restrict the powers of the board of water commissioners of the city or Rochester," also chapter 649 of the laws of 1ST 4, entitled 11 An to amend the several acta in relation to city of Rochester;" also chapter 33, of laws of 1875, entitled "An act supplementary to an act passed May 20, 1872, entitled An act to amend the several acts relating to the city of Rochester," also chapter of the laws of 1375, entitled "An act to amend an act entitled An act to amend the several acts relating to the city of Rochester," passed May 20. 1872, also chapter 563 the laws of 1875, entitled An act in relation to the care, custody and management the water works of the city of Rochester and to regulate the collection of water rents in said city," also chapter of the laws of 1875, entitled An act to amend chapter 387 of the laws of 1872, entitled An act to supply the city of Rochester with pure and wholesome Roe well Hart, Edward M. Smith, WDliarn Bowman, Charles C. Morse and Oilman H. Perkins on or about the 1st day of May, 1872, were made and constituted the board of water commissioners of the city of Rochester, with the powers and limitations defined in said spe cial act, to wit chapter 387 of the laws of 1872, and which was thereafter modified and regulated by the several special laws of this state hereinbefore mentioned.

Immediately thereupon the said board of water commissioners proceeded to have made and prepared surveys, maps and plans for procuring a supply of pure and wholesome water to the city of Rochester, pursuant to the requirements of said chapter 387 of the laws of 1872, together with estimates of the cost of the same, and submitted a report of the plan adopted by them and the estimate cost thereof to the mayor of the city, by whom the same was approved, to wit, before the 12th day of April, 1873. And this de fendant avers that the amount named by the said commissioners in their said estimates of the cost of said works so as aforesaid submit ted to and approved by the mayor was the sum of $2,224,000, and no more, of which James McDonald, hereinafter named, and the said plaintiff then and there had notice. On the 12th day of April, 1873, Roswell Hart, William H. Bowman, Charles C. Morse and Oilman H.

Perkins, as and for said board of water commissioners, made and concluded certain agreement with one James MacDonald, bearing date on the day last aforesaid, and which certain agreement is in the words and figures of schedule hereto annexed, and lorming pari ox tnis answer. On the day of July, 1874, Roswell Hart, William H. Bowman and Oilman H. Perkins, as and for the said board of water commissioners, made and concluded a certain other agreement with the said James Mac- T)oc-ld, bearing date on the day last afore said, and which certain other agreement is in the words of schedule hereto annexed, and owning pare or this answer. And this defendant further avers that before the commencement of this action the said board of water commissioners made other contracts and agreements for the construction of other water works than those described in schedule after a plan commonly known and called the Holly system of water works, and in tuch construction the said James Mac-Donald, 'and the plaintiff in his name, performed work and labor, and furnished materials on account of and by agreement with the said board of water commissioners at the same prices and on the same conditions in respect to the items of said work, labor, and materials as are specified in said schedules A and B.

And this defendant, the city of Rochester avers that the said agreements, each and every one ot them, were made and executed by the said parties thereto without the co operation, approval, or sanction of this defendant and under the sole authority of the said board ot water commissioners, defined in and conferred by the said special laws of this state, and not other or dmerent. And this defendant further avers that the said plaintiff, in the name of the said James MacDonald, and covertly as his assignee, and in execution and performance of said agree- ment, and in the construction of said Holly water works, without the co-operation, i approval or sanction of this defendant, did and performed all the work and labor and paid, laid out and expended the money, and furnished and provided all the materials, and suffered the several wrongs and injuries, and each and every part thereof, in the said plaintiff's complaint set forth, for and on account of the said board of water commissioners (and not this defendant), under and by virtue of the aforesaid special laws of this state, and not other or different. And this defendant farther avers that hereto: fore and before the commencement of this action the said board cf water commissioners did borrow, from time to time, upon credit of this defendant, and there was obtained, pur-j suent to the provisions of the said special laws, the full amount of 3,182,000, and to secure said loan the said commissioners did make, execute and sell certain bonds, certificates or written obligation, signed by the mayor and the president of the ioard of water commissioners, pursuant to the provisions of said special laws. And this defendant further avers that, before the commencement of this action, in the manner and under the provisions defined in the said several special laws, the whole sum of $3,182,000 had been fully paid, laid out, expended and applied by said board of water commissioners to the payment of said James MacDonald and the said plaintiff, upon the said agreements, and other expenses incurred by them under the provisions of, and in com-i pliance with the directions and authority ex pressed in, the said several special laws, and not other or different. THIRD ANBWER.

And for a separate and third answer to said complaint this defendant repeats the averments and statements in his aforesaid second amwer set forth, and thereupon further avers and states that the said board of water com missioners, in full execution of the said agreements made with the said James MacDonald, ana ox raeir ooiigauons to the plaintiff in that tehalf, to wit, before the commencement of this action, fully paid to the said James MacDonald and to the said plaintiff the sum of $2,547,446.88, in the aggregate, and at various dates and in divers sums, in full satisfaction and payment of the work and labor performed, goods, wares, merchandise, and materials furnished, moneys expended, and wrongs and injuries sustained; and each and every part thereof, and which are particularly set forth in said complaint. FOURTH A.58WIB. And, for a separate and fourth answer to said complaint, the defendant, the city of Rochester, repeats the averments in the said second answer and defence hereinbefore stated, so far as the same relate to the said special laws of this state the appointment of said board of water commisaioners; the issue of bonds upon the credit of this defendant; the borrowing of money thereon, and the execution of agreements by the said James Mac Donald; and thereupon the defendant further avers, that before the construction of said 1 water works was commenced by said James MacDonald, and the making of said agree- uents, the said plaintiff fraudulently and corruptly contriving and intending in divers ways to cheat and defraud this defendant, in the course of construction of said waterworks procured the said James MacDonald to make and execute the said agreements and to have them carried on and performed in his name, but for the sole profit and advantage of the plaintiff, and with intent id have the same immediately assigned by the said to the plaintiff, and did immediately thereafter procure the same to be so assigned before any work or labor or other thing had been done in course of performance thereof; without the knowledge or consent of the said board of water commissioners, or a majority of them, with the fraudulent intent to prevent, and he. did fraudulently prevent, the said James MacDonald from giving his personal attention to tha fulfillment of said contracts; and fraudulently to keep, and he did keep, the management and control thereof In his own hands and not of said MacDonald; all of which fraudulent actings and doings were done by the plaintiff without the knowledge or consent of the said board of water commissioners, and in disregard and violation of said agreements. And this defendant avers that the said James MacDonald has made no assignment of toe said several causes of action, set forth in said that in that said of said to to said of said per for ten the so or by as of by as (9m Second PWh Opens Bouse This evening at Boring Jack.

J. Z. UtUe. OcrtnthiAB HaB-Hay 31, at 8, Benefit Coooert. HonH Apcy.

TO-DAT8 ADTERTISB.11BNTS. Fint Poq. MOiiuerT-MiM Alois Ford. Otatiuag Boom, "tha Tllar. Our Home on tfea Billsid James C.

JacJtaoo. HoraM Wasted Aaron Krickson. Partner Wanted W. P. Coal Yard for SataD.

J. Pcddkr Wanted No. 130 North 8L Paul -St. Fnrnttcra for Sale No, 8 Chatham atnet. Bouse for RH Wo.

48 Fawwe' Block. Building for ale Derenport A Tutt'a ewee ripe Rocnrtr Frear Stone Oo. TOWN TALK. Swallow your la ft bivalve to-day. Erect your May poJ and prepare to pranoe.

8Xhmi plays at Corinthian halt Friday erasing. Steel bock lea dazzle the eyes on naw spring suits. The new low-necked ahoea are cut with very low heels. The old-fashioned silver comb ia combing in style again. Buffalo call its attempts to organise a base bail nine a B.

big fizzle. Captain Bandy, of the ship Good Tidings," preached in Albion yesterday. Strawberries are said to bhuh a rosy red at the ices asked for them by the dealers. The mcst unwelcome eight to be seen in a pantry now is the bottom of a floor barrel. The university compos is now a beautiful carpet of green.

No finer lawn can be found. Every thing has gone up, era blue glass, to high that we fear it will never be seen again. The wrestling match between Baoer and Heygster takes place at Syracuse this rening. The "lads and lasses" ean a Haying go" to-morrow, with the usual overcoats and warm wraps. The report that the court house steps were to be painted red, white and bine is pro-neoBced incorrect.

The farmers say they are in need of- men, and every prominent corner on our streets is a crowded intelligence office. Banditti stockings are the last and of course it is expected they will cause every one to stop upon the highway. J. Z. little commences his engagement at the opera house this evening, appearing in the sensational play of Roving Jack." Next Thursday the Rochester Presbytery will take into consideration the request of Dr.

Morris of Calvary church, to resign his charge. The monopoly of the entire water power "i Niagara Fails upon the American side of the river wilL be sold at public auction tomorrow. On Saturday Detective Burchell arrested Henry Isehburg, against whom he had a warrant charging him with the commission of assault and battery. Those who would like to know how sweetly tLe birds sing ought to work all night oa a morning paper. They would then be op in time to hear the concert.

The tl social club of Albion, composed of a number of young gentlemen in that Tillage, are giving regular parties, which are spoken of as extremely pleasant. Yesterday afternoon was bright and pleasant, and hence hundreds who wished to take a kind of sober, religious stroll, walked out to Scio street to look at the new base ball grounds. Business men who have acquired a reputation for generosity have commenced practicing a hardened expression of the features in anticipation of the annual visits of pic-nic ticket sellers. Birch, Warn bold Back us 's San Francisco minstrels are to appear in Corinthian hall some time next month, from which announcement the reader will readily infer that there is fun ahead. A stuttering men trying to read the long names in the telegraphic dispatches from the east furnishes more cheap and innocent amusement to the square inch than any entertainment yet devised.

-We understand that a number of colored young ladies and gentlemen are at present the fraa academy preparing themselves to go south and assist in teaching and elevating those of their own race. Saturday noon Mortimer A. Cram, a little fellow about five years old, was killed by the failing of a large stone, while playing in the lumber yard of Hulloway Normington, corner Troup and Trowbridge streets. W. J.

Sheard, a salesman in the gun store of McCullough Co. on Main street bridge, was bitten on the right hand by a dog brought into the store to be muzzled, on Friday last. Tee wound was dressed by Dr. Pi est on. A public social will be held at Good Templars' hall to-morrow evening, for the benefit of the Good Samaritan society.

A pleasant programme of exercises has been prepared, including refreshments served by the ladies. The base ball season will be formally l- opened in this city to-morrow and our citisms may expect a fine game between the new club and the old Rochesters. They will play for the first time on the new Scio street grounds, which are now completed. Eimira saloon keepers are advertising their temperance drinks, as indeed they are obliged if we may believe the reported fact that 20, COG people have signed the pledge in that city. A gold badge was presented to one of the prominent reformers Saturday evening.

A Syracuse bummer has, he thinks, found the true way to become temperate Formerly be took his whisky straight, but the Other day he signed the pledge to hereafter mix it with watt. By gradually diluting the whisky he expects to get down to a full water basis in about tec years. A little south vest of a very red nose Kate Ryan wears a blue ribbsn: but no one would recognise its color, wt ch has been somewhat obliterated in consequence of too frequent contact with little drops of whisky as they fell from Kate's lips. Kate's periodical drunks average about three to every two days of time which passes, bhe is again in jail. Let Rochester blow about its champion base bail club, but we can knock the socks clear off that town at polo.

Buffalo Express. Doubtless Buffalo could knock the socks from us, if it should proceed in the proper manner, but we should be unable to retaliate in the same way, if there be any truth in report, for we could not knock what there was not. The Troy Times says: Mr. Hchooley, one of the counsel who defended Rufus B. Stiiiroan at his recent trial in Rochester for murder, was in this city yesterday in company with two gentlemen of that city.

Mr. Schcoley expects to obtain at least a commutation of Btiilman's sentence, and says fltrecaens efforts will be made for a trial. The impression in Hochester is that the prisoner will not be hung." Yesterday the highest temperature was 62; the lowest with slowly rising barometer, tight to brisk variable winds, and fair to cloudy weather. Mean daily barometer, 89 V7; mean daily thermometer, 5o'; mean daily relative humidity 62 per cent. Blowly rising barometer, slight changes ia temperature, calm to brifck variable winds, and clear and partly cloudy weather, with areas of light rain and snow, were reported from the wast at midnight.

There was a time when it was the delight of the village oracle to surround himself with an admiring group and read aloud the news of the day, interspersed with sage comments axd reflections of his own, but those days are passed, fio longer is his voice heard in the tavern, mating knowledge to all around, but away off in the corner he may be seen poring over the newspapers in toe at tempt to get some idea of the eastern war and straggling with the pronunciation of such worus as rlydieu.ob&kog. So therm. On Friday evening of this week the inimitable comedian Botfaem appears in Corinthian hall in an entirely new comedy by Henry J. Byron entitled "A Hornets nest." The comedy has been presented over 150 times and critics say it deserves to be placed beside Mr. Sothern's wonderful creation of Dundreary.

The acts consist of Tiirw buzzes and a stinger" and doubtless al who hear the comedy will be stung into paroxysms of laughter. If there is any man on earth that can discover the business end of a joke, that man is Mr. Bothern and his audience will find it out. The support will be furnished by Mr. Bothern'sown company selected by him with great care.

Concert at Brack port Professor A. J. Warner of Lima, in contusion of bis very interesting singing school held at Brock port the past winter, gave one of grexd vocal concerts at the chapel of the normal school on Thursday evening last to a crowded house. The concert was one of the most pleatant affairs of the season and everyone seemed highly pleased with the production of the evening. The concert consisted of anthems, choruses, quartette, duetto, solos, etc.

in of to an of so for the of of to a i Soger Camp. We take pleasure in announcing that there will be a sugar camp and musical and literary entertainment at the North Street M. E. church td -morrow (Tuesday) evening. The beat talent our city affords has been secured for the programme, which will be a host in itself.

AU who are curious to see how maple sugar is made can gratify their cariosity by attending. FrrTT cents a Tear navs for the Dinlnjc Boom Magazine, which contains practical information worth ten times its costs to every housekeeper. Andrews' Bazaar has all tbe latest fashions and cost only one dollar a year. Send your subscription for either to Thomas O. Young, number 1 Aqueduct street.

Our Home on tha Hillside. "Our Home on the Hillside," at Dansvllle, well known throughout the country as the largest by genie cure in the world, and as a place where all classes of invalids are restored health. It is tbe annual resort of a large number of persons desiring rest and recuperation, and under its management thousands chronically sick people have recovered good health. It has attained a wonderful growth and reputation and is one of the greatest blessings to the weary and sick that we have in the country. At 82 State street can be found the celebrated Mackie bell treble piano, the famous Mason Hamlin cabinet organs and an entire world of small instruments.

Upon this grand stock of goods the lowest prices are marked. Don't Bay Shoddy Hats. They are dear at any price. The place to buy a good, durable, stylish and becoming hat at F. H.

Marion's, 58 State street. He sells nothing but first-class goods, and ia the acknowledged leader in the hat line in Western New York. Call and be convinced. F. H.

Marion, 58 State street. Burkb, FiTzSiMOHS, Honk Co. are offering a magnificent stock of Lupin's celebrated fabrics of the manufacture of August Snydoux, Sieber Co. grenadines in plaid. checks, brocade and damase; Lupin's grena- aines, rantasies in the new Pans colors; Lu pin's tanese drap d'ete and cashmeres, with about 500 pieces of black and colored silks from the best looms in Lyons, and about fiftr pieces colored gros.

Faille at prices never be fore approached in any market in this country. 53, 55 and 67 Main street. More- Fine Engravings. I am in receipt of more fine engravings. which will be well worth examination by those who intend purchasing, and which will be cheerfully shown to those who do not.

The low price put upon my general stock has more than doubled the sales in two weeks. These low prices will be continued. C. W. Woodward, 126 State street.

Fringes are as necessary to the trimming of Ladies' garments as flowers and feathers are to hate. A new line, both silk and worsted, all colors and shades, and at low prices, can be found at Fahy Co 's. Bargains in corsets, paniers, ribbons, silk and lace ties, hosiery, gloves, and in gents' furnishing goods. Their popularity for selling choice goods at bottom prices is shown by the liberal patronage of the gentlemen of Rochester. Silks! Nllltn! J.

F. Amsden Bon, 36 State street, are giving special bargains in Summer Bilks. Twenty-five pieces at 75 cents a yard. Fifty pieces at 87 cents a yard. Thirty-five pieces at $1.00 a yard.

Either of the above are cheap at 12 to 25 cents a yard more than we are selling them at. At the same time do not forget our popular makes of Guinett's, Jurat's, Bchroeder's and Bellon's, in blacks, at popular prices. Vie are also placing lively bargains in our different departments for the spring and summer of 1877. J. F.

Am sdkm Bos, 36 State street. law and Point print M. at ih shorts and on tht most rtasonabu terms ai this qffice. LEGAL RECORD. Police Court.

Justice George Truesdaie, presiding. KocnssTKR. AprU, 28, 1877. Kate Ryan Drunk. Discharged.

chard I ecker Charged with assault and battery. Lfischarged. Daniel Car berry Nan -support of family. Dia-chaiged. Samuel Rotenbanm Charged with stealing.

To be tried May 1st at 'I p. m. Bcnoat. April 29. Ann Phinkett Drunk and disorderly.

Discharged. fcdward R. Hurst Drunken vagrant. Discharged. rVilliara lHrman Drunk.

Discharged. Michael Kiei Drunk. Three doll an or ten days. Michael Met 'aim imink. Discharged.

baries BonL Charged wi vaginjy. Discharged. John Khelber lruiik. Discharged. The following prisoners were committed to jail and will be disposed of in this court Monday, April 30th: joiid tooper a run ana aisoraeriy; jamra nar-ri, stealing; Eilward and Willie 1'ero, burglary; Henry Isenberg assault and battery; Kate Kyaa, diunk; Mary l.Ueen, assault and battery.

Steam Cleansing and Dyeing. The Old and Responsible. D. LEARY'S STEAM DYEI AND Cleansing Establishment, 200 1 ards North of ff. V.

C. R. K. Depot Ml Corner Piatt. Ladles and Gentlemen's Garments Cleaned or Colored without rippins.

and pressed nicely. Also Feathers and Kid Gloves Cleaned or Colored. Special atteiition paid to doing up Lace Curtains ana Coloring Velrete. Goods dj ed black erery Tuesday. Thursday and Friday.

Pack a sea called for and delivered to any part of tne City. Goods returned In one week. (ooOS received and returned by Express. bills collected by Express Company. I have no Agents, as Customers ean do their business with me CHEAPER than through an Agent Address Mill Corner Piatt 8t Rochester, QAUSCH A DRANSriELD.

evarcaae Muster. Ppdfllpra nMng onr Nfime are Impostors Fashionable Milliners. A. WARD, ma TRIMMED HATS and Bonnets very low. Feathers, Flowers, Ribbons, Laces, Fancy Uocds, Hosiery, Kid OloTes, Ac No.

3 MAIN STREET BRIDGE, (Formerly Ul Main Btreet). Mry GooiXs. A. S. MANN GO.

Have just opened a very choice stock of NEW PARASOLS; also a most desirable stock of French Drees Goods in Greys, Ecru, Drk Plates and all the desirable new tbadjs. also, POLONAISE fabrics in novelties ot the choicest and RAREST kinds. Also, Blacks and Greys in FANCY patterns for Wraps, Dolmans, In medium weights mostly wide, double-fold goods. Dress fabrics AT about 25e per yard in tbe BEST things. Boms lots of Dress Goods at a shilling, ot which they bavs sold quantities lately, are SURPRISINGLY cheap.

They are now opening MORE of them, and they go lively, being Tery genteel in appearance and of most excellent quality. On Black Cqphmei-u. and Drap d'Kte, as well as Alpacas, they are having very large sales. Notice ths PERFECT BLACKNESS of their Black Goods and unsurpassed perfection of FABRIC. Ot YARD WIDE Cambrics from TEN CENTS up, their stock is endless in beautiful patterns, dark and light.

Tbey are unaccountably cheap, even in these times of low prices. In Dress Goods, Silks and goods of all kinds tor spring wear, tbe trade of this Ann is more promising and active titan for a long time psst, and marked excellence of their stock at low prices is surely the reason. 11 AKl'KK AND GODKY for May, at UAltil'J A u. KMt. Slain si.

LEARY. NY. 4- INERT! day, the score being 8 to 1. Tbe Rochesters will open the season on the new grounds on Scio street to-morrow afternoon in a match game with the old Rochester team. The game will be a lively one and no doubt the attendance will be large Manager Brackett announces that he has made engagements with the following nines with the following dates: Hay 1st the old Rochester team; May 3d and 4th Hartfords; May 9th Crickets of Binghamton; May 12th and 21st Alieganies; May 14th and 15th Live Oaks of Lynn; May 19th Athletics of Philadelphia; June 14th Chicagos; June 18th Louisville; June 19 th Cincinnatis.

Stealing and Burglary. Samuel Rosenbaum was arrested Saturday by Policeman Lathrop, upon a charge that he had stolen $3.78 in money belonging to Samuel Dunhair. The case has not yet been disposed of. Clemens Fflefer was arrested Saturday by Officers Wangman and Brady. The complaint that he stole a hat from a saloon on Franklin street, kept by F.

T. James. Fflefer was committed to jail and will be examined today. Officers Roworth and Mitchell arrested James Harris at 9 :46 o'clock Saturday evening. Ha is charged with stealing a pair of boots from Phelan'a shoe store on Mumford street.

Harris was taken to jail, from whence he will probably be taken for examination today. About 2 o'clock yesterday morning Roundsman Roworth, in company with Policemen Monagban and Lynch arrested Edward and Willie Pero, who were found at their home on Champlain street. A warrant had been sworn out by Henry Dallance, of Wheatland, for their arrest upon a charge that they had broken into a building on the premises of said Dallance, and stolen therefrom six hams and shoulders and a curry bomb and brush. Maya aa avy Crockett. Frank Mayo appears in Corinthian hall, Thursday evening, May 10th, in his favorite character of Davy Crockett for the one thousandth time.

Every lady attending the performance will be presented with an elegant satin programme aa a souvenir of the occasion. Mr. Mayo has purposely so arranged his programme as to cause this notable representation to take place in the city of its birth, as it was here that the play was first produced by him in September, 1872. The cast ot characters for the evening will be as follows; CXST OP CHARACTERS. Davy Crocket Mayo-Major Hector Boyston James luun- Oscar Cramptoa W.

IS. Laurena- Neil Cramp ton W. Dell. Parson A ins worth John Yonkera George Uaston, Big Thayer. Bring Wadaworth.

Lawyer Quickwlt. T. Conley. Watson BriKhara. Bob Crockett Master Rivers.

Eleanor Vaughn Miss Josephine Laurens. I'ame Crockett Hiss Annie Iouglas. AnotJner Side. On Saturday we stated that William A. Morgan has been arrested for alleged perjury.

We were net then informed that Aderiel K. Webster, one of the Ephraim Dow gang, had also been arrested upon the same charge. Had we known this, it would have been a fact sufficient in itself to warrant the belief that somebody had been dealt with treacherously, and that (Mr. Morgan was probably one of the persons of whom Webster had taken a mean advantage. These facts have since come to light, and Mr.

Morgan makes a straightforward statement to the effect that seme time since he was invited to go into a saloon in Brighton and have a'cigar with Webster. He accepted the invitatian, though with some hesitancy, and a short time afterward he was called upon to make an oath to the effect that tne cigars had been purchased as stated, whi-h he did, not as a partner of Webster, but because he was subpoenaed and compelled do so. These facts Mr. Morgan feels crB he can fully verify, as well as some othtrt detrimental to Webster, on the ocn oil the examination of the case, which is aet own for Wednesday next. A Journalist's Novel.

From the press of Dodd, Mead New York, has jit been issued a novel written by the well-kncwn journalist, Ausburn Towner, city editor of the Eimira Advertiser, and already orders have been received by the publishers sufficient to exhaust the first edition. Chedaye of Kotono seems destined to meet with a flattering reception from the public, and we heartily congratulate the author upon the success of this his most pretentious literary effort. We nave not had the pleasure of seeing the book as yet, and so are unable to speak more fully of its bat from the Eimira Gazette we take the following dedication of the work a manly and tender tribute to the beat friend a man ever bad: "At the feet of my mother I lay this, the first fruits of her gentle but persistent counsel; her loving, never -tiring encouragement. If the great public give but tbe faintest echo to tbe enthusiastic appreciation with which I know she will read every line herein, my desire will be reached, and the utmost expectations that I could entertain will be realised. Ausbubiv Towner.

Another TOonnt Hope Suggestion. To the Editor of the Democrat and Chronids: Sm; I wish to make a suggestion through your columns that to my mind has an important bearing upon the proper management of Mount Hope cemetery. Under the present arrangement any poor man who is a lot-owner and has bills to settle at tbe cemetery office, for the care of grounds, is now compelled to lose from two to three hours' time from his work in order to arrive at the oflice before the closing hour on week days. As the office is always closed on the Sabbath day, it is of course impossible to transact any business then. Inasmuch as Sunday is the only day upon which the laboring class can find time to visit the cemetery, it we think, advisable either that the present office be kept open for an hour or two on the Sabbath, or that another oflice be established near the center of the city, and within access of lot-owners whose time is too valuable to lose.

Alex. A Important Restriction. In the answer, published elsewhere, of the city, in the case of George D. Lord vs. the city of Rochester, reference is made to the clause in tbe contract prohibiting assignments.

Tbe clause mentioned ia as follows The said party of tbe first part agrees that he will give his personal attention to the fulfillment of this contract, and that he will not sublet tbe aforesaid work, but will keep the same under his contral, and that he will not assign the same by power of attorney or otherwise, neither any of the moneys payable under this agreement, unless by and with the consent, in writing, of the board of water commissioners, or a majority of them, Grand Art Entertainment. A grand art entertainment for the benefit of the Mumford Baptist Bunday school and choir, will be given at the Baptist church in Mumford, to-morrow evening, and a mt enjoyable performance is anticipated. The entertainment will be given under the direc tion of Thomos Dransneld, of this city, using fiausch Dranfield'i celebrated stereoptican, and giving views of Rome, Egypt, England, fine statuary, comic and miscellaneous pictures, together with choice views of Washington, New York, Boston, Koch ester, etc. It will be a first class entertainment in every respect, and no doubt the attendance will be large. Interments.

Tbe number of interments at Mount Hope cemetery during the week ending April 2tith, was twenty, and tha diseases wera as follows: Pneumonia 2 IHlhliiri. 1 KtiU-bora 2 Croup 1 2 Caoa)H 1 Tylboii fever 1 Capillary Natural cautMM Varalyftls of Tuberculosis i Consumption. (lasthtls Not yet reported lyvnoia i Total 20 The number ol intermedia at tbli cemetery during tbe oorrejponding week laat year wu Heading, at macedon. I pon Wed new lay of thia week Mlaa Florence GreoJ'an will glre an evening of "elect reading, at Maoedou. We can aMur.

our reader in that vicinity that the? wlu 9 "jore than pleaned with Miaa Oreenman aa ahe a lady of wonderful elocutionary talent which he been rtrengtlieneil by long and careful cultivation until now the rank among tha tint reader! ot the country. Parasols, parasols. I assortment of new goods just received. Customers should examine our assortment before purchasing, as we offer excellent valua In this department, and no fancy prices. Sibut, Likdsat Si CuR.

Is to of is EAST RflAI GREAT Refrige PLATED WAR Water Coolers, Ice CUTL WATER FILTERS, Woode HOUSE 111 Of Every First -Class Good j. iva. Si East Mai Groceries and I'rot-ltjxon. Have BemoTed from 64 EAST MAIN -ST. to No.

21 WEST The Corner Store lately occupied by Hamil ton db Mathews. THEY RESPECTFULLY invite the public to examine their NEflf STOCK in he new store. They intend to devote special and increased attention to the FAMILY GttOCERY TRADE. With much better facilities in their new quarters, greater conveniences for the same, they hope to command a much larger trade in this tine. Their present sto3k ia ALMOST ENTIRELY NEW and just selected with great care in the New York market.

They propose to sell only reliable goods and at fair prices. From the increased attention they Intend to give to the family trade, and their more central loca tion, they confidently expect a large accession of trade at 21 West Main Street Kemoval. 'VAL TJCOBY-S SLOVB FACTORY, TO No 9 FRONT 9 Merchant Tailors Spring Styles Seely Eipf Merchant Tailors, No. 6 State Street, UP STAIRS, SECOND ENTRANCE FROM MAIN STREET. EI SAIED BY PURCHASING TOUR SPRING SUITS AT MOORE M'RERNET'S, No.

60 East Main-St, (Opposite Oeburn House. A. 9. Melt sax av. O.

W. Moork, tate with D. P. Robinson. Temple of fancy ClMren's Carriages Jumping Kopea, Kite, Base Balls, And Marbles AT WHOLESALE AND RITAIL, AT THE TEMPLE OF FANCY 1 10 State Street.

I 5 M. L. HUGHES. tarings Bank, Six Per Cent. Interest from Date.

THK KA8T B1UK SAVINGS BANrf A.Y8 HI perceat. Interna, from data oa deposits of and under here Lhev remain aot less Uian thirt days. HKNUV a. tiKUAJiU, rYest. It.

VllCI.l B-v. I Mr Money loaned en approved collaterals. Rang E.F.HvdB&Go MI.