The Brooklyn Daily Eagle from Brooklyn, New York • Page 4

RCBENSTE1M. termined aro always construed In the light of the mode DEMURRER. 4 O'CLOCK MM STEAM. TAXES. tations of runaway horsee and their riders, smashed vehicles, terrified mothers holding their children at atreot crossings for fear of the depredations of tbe locomotive.

The promoters of tha anti ateam movement who now object to publio opinion aa expressed by cltlzena and taxpayers who do not own lots Immediately on AUantlo avenue, were then glad enough to appeal to anybody and everybody. In every part of the dty to lympathizo with their work, although with rery limited aucccBi. It It related by ome old Btageri that In the neighbor A QUEER WILL CASE. A Man Who Left All Kls Property to Holy pay Off tbe War Dcbt The Contestant sjsaat Their Gtuurclfciua Be. moved, Chester Fox died in New Yolk and left propeaty worth over (SIOO.OOO to the Government of tha United States to reducath.

d.bUnourrod by w. Annie Fox the testator's nleoe, and Joseph 00rtva Fox, his nephews, residing with their mother at No. Bycrson stroot, Brooklyn, contested tho will. The enr 1 rogate of Now Vork decided In their favor and lh Supremo Court and Court of Appeal, sustained Mm. Tho Government snod out a writ of orror in tha Supremo Court of the Unltod States and the matUr Is pending.

This morning, In Special Term of tho Supreme Court, boforo Justlco Gilbert, a motion was made to remove Benjamin N. Disbrow, tho guardian of tho children above named. It was set forth In afudavits that ono of Mr, Disbrow's bondsmen was his own son that the real estate was leased to said son for less than its value; that the taxes had not been paid on hood of the railroad terminus there wera two or three drinking saloons, each having Its own peculiar class of supporters. Steam did not hurt them, and Its romoval only resulted tn a worse class of patrons frequenting thorn. "The Rock," at the corner of Columbia street, appears to havo had its name choaen by ciroumttanoea.

It waa regarded aa a rather hard place, and dangerous for decent mon to fall againat. The "Two for One" was kept by a humorous landlord, at the oorner of Willow place and State street. When a customer called for one drink the landlord placed two bofore him, and if, a stranger, he asked what that meant, he waa told "Two for one; you pay for ono and I give you two." This institution went under soon after the closing up of the tunnel. A saloon of the "respeotablo" style was kept by UcNamce, a brother of tho ox Sheriff, at the ooruer of State and Furman streots. Liko the other drinking shops, this one degenerated after "the man with the red flag" coasod his regular appearance as precursor of the train.

In those days tho Ferry Company ran six extra boats every day, at the South Ferry, a thing that has never been done ainoo. All the enterprise and business whioh used to animate tho lower portion of Atlantio avenue diod out at once. Storekeepers kept on paying rent until they fonnd it impossible to do any more trade. The trade was drivon off, and they had to look for stores in the direction of Fulton street. Of the storekoopors on Atlantic avenuo bolow Court streot, now, the majority are passive as to tho reintro ductlon of stoam as far aa Flatbush avenue.

Those who exprcBB any opinion unfavorablo to stoam speak from their own porsonal business standpoint only, without regard to what may bo for tho gonoral benefit of the dty. Tho views presentod by ono of these tradesmon, given elsewhere, are similar to one or two others who do not at present choose to look beyond what pertains Immediately to their own interests. THE STORM. The Streets of the City in Icy Fetters. A Night and Day of General Discomfort.

Scenes and Incidents in tho Thoroughfares Peril to Life and Limb A Large Number of Accidents, The fine, drizzling rain that began falling on tho city early last evening, continued at intervals throueh the night and this forenoon, causing gonoral discomfort among thoso who wore obliuod to venture out of doors. Tho rain was of that ponotrating kind that dellos umbrellas and overcoats, its tiny drops falling In a Blantlng dlrcotlon aa if they understood tho best method of finding thoir way past heavy wrapB and covers to the skine of shivering citizens. Almost as oold as Ice when it fell, tho ralu frozo as soon as it touchod tho ground. Tho flagstones of tho Bidowalka and tho pavements of tho railways were SMOOTH AS PLATES OP OLASS. Prospect Park and tho Capltoline lakes have novor had leveler or more alippory sheets of ice than covered Brooklyn's streets last night and this morning.

The greatest discomfort and peril to man and beast of courso resulted from the terriblo condition of tho streets. Those persons who atteneed the services in tho churches last evening wero obliged to pick their devious waye to and from tho sanctuaries ovor the glassy stroots with the greatest care, Most of them forsook the sidewalks and took to the centro of tho streets, whioh, though a littlo saicr, did not place tho unfortunate pedestrians beyond the reach of tho grasp of their Icy foe. A good many peoplo found some protection by tho use of rubbors, over shoes and "oroopors." Many moro, old and young, male and female, short and tall, of all conditions, measured thoir respoctivo lengths on tho sidewalks. No ono was certain of hiB footing, and the careful and timid manner in which respectable old gontlemon trotted along the frozon sidewalks was somewhat ludicrous. As AN IN0D3ENT OF TUB STOKM tho sight that an Eagle reporter witnessed in an uptown avonue this morning was highly amusing.

A middle aged woman, of hugo proportions, ovidontly one of tho class who might be denominated ladlea of the tub and mangle, was hurrying along the sidewalk at a rapid pace, evidently intent upon reaching hor destination aa soon aa poBsible, although Bhe seemed a littlo shy of the glassy surface along which sho was travoling. As she reached tho oorner a Teutonic baker, with a large basket of rolls upon his head, stopped quickly from his Btoro, followed by an ugly yellow dog. The washerwoman had just Blipped on an inclinod flagstone. She foil, and aa she wont down, ono of her feet allppod between tho pedal extromittea of tho baker. A scream, a yell, a howl, and a waaherwoman, a baker, a yallow dog, several dozon rolls and a bar of soap wore piled in ono confused maul on tho sidowalk.

ThoBe who bsw tbs occurrence laughed, but tho participators said not a word. The woman grasped her bar ot eoap and hurried on her way, the bakor gathored up his rolls and went into uiB shop, the dog barked, and tha collision was at an end. But thore was a sido other than ludicrous about the storm. THE POOR HORSES attaohed to express, milk, and other wagons were scarcely ablo to get along, and none of thorn pretended a pace faster than a walk. A great number of tho poor equincs fell upon the frozen grouud, whoro thoy kicked and struggled until they were unharnessed and hftod to their feet.

Small boys took advantage of the sltnation to try their Bkatcs, and provious to school hours hundreds of tbo little follows wero gliding about tho sidewalks with a3 much esse, grace aud speed as If they were on a lako or a pond. Some philanthropical hoUBokocpcrs in measure aliovlatod the general suffering by sprinkling ashes upon tho sidewalks. The great danger to life and linib resulted on A LABOE NUMBER OF ACCIDENTS, most of which, however, wero of a slight nature. Up to noon to day but three casos had been reported to tho police. Patrolmen Walter Bodell, of tho Second Procinot, whilo on his way to tho station houBo at an early hour this morning, foil on tho sidowalk at tho corner of York and Washington streets, and spralnod his anklo.

Shortly boforo olevon o'clock to day Michael Casoy foil on tho sidowalk at tho corner of Clinton and Nelson Btrccts and sustained a sorero sprain of tho thigh. Officer Darby removed him to his home, No. 56 Clinton stroot, whero he was attended by Dr. Weltby. Robort Kelly, thirty live years of age, of No.

190 Hamilton avenuo, while passing down tho roadway of Hamilton avenuo this morning fell to tho grouud. When he was picked up by an officer of the Eleventh Precinct, it was found that his left leg was broken. He was takon to tho Long IBland Collego Hospital. THE JAIL COMMITTEE. Proposed Reduction iu tlio Price Pnid ror the Board of Prisoners nt tlic Jnil Sheriff Da rgett beforo tbo Committee.

At the Inst meeting of the Board of Supervisors, a rosolutlou introduced by SuporviBor Sexton providing for reducing tho foes of tho Sheriff of Kings County for the board of provisions in tbo jnil from thirty five cents tho rate now paid to twonty fivo cents per day, wbb referred to tho Jail Commitloo for consideration and report. The resolution was accompanied by a preamble reciting tho fact that tho present rate of thirty five cents was fixed in war times, wbon tho cost or provision and labor was greatly euuaucod, aud that the present was a favorable time lor tho reduction of cxpousca iu this regard. In accordance with this resolution, Supervisors dubner, Iiarman, Moran, Holm and Van Colt, tho Commitloo on Jail, met this morning and listened lo a brief statement from Sheriff Daggett in opposition to lbs contemplated reduction. It was stated by tho Sheriff, in. rosponao to inquiries, that tho cost of preparing the food for tho prisoners in tho Jail aggregated per year, which sum covered tho salaries of the keepers.

The number of prisijers boarded in the Raymond street inoscitution did not fall very far bolow 300 per day on on average. The number had gono as far as UCO, and nndcr Sheriff Williams it had on occasioaB excoed otl 400 Thero were 275 on the records yesterday (Sunday), and to day tho uks would bo swelled to 300 or 323. Subsequently ho statod that tiio Bum of $2,400 should bo added to the to cover tho co3l entailed by two additional keepers. Sheriff Daggett contended that tho price paid by Kings County for tho board of prisoners was lesa than that paid to the Sheriff of any other county in the Stato. In New York the rate was scvcnty llve cunts par day, and in support of his proposition ho submitted tho followlag schedulo of county expenditures for this purpose, bo far as the figures wero obtainable COST OF MAI.VTAINIX0 PEISONEP.S.

ana FOTJRTH REASON A0AXNBT DEMURRER. A noils prosequi Is taah an end ot the prosecution as will gnstaln action. Entry of nolU prosequi being an end of the proae cuaon, ino oeianaanu duonargo xouowa as a legal con aeouence. 1. In reviewing the author! ties.

It is essential in Iim mw auooguian Between oase oearzng on ue point in controversy, and caaea touching the question whether a particular termination bo prima facie proof of went of probable cause for nniveroally a nolle prossqui ajone, though an end oz tne prosecution, will uui vau mj eatanuan manoe or warn oi prooaoie cause. 2. The precise point of controversy hea beon determined both wavs. Firat. Authorities contra.

In England it has never poen abjudicated that a nous prosequi is not a sufficient tenxunoiion to sustain an action ror maucious prosecution. In llassaohusetts, we concede, the law is against us; bnt It originated in a misapprehension, and if an upeu quusuon, wouiq te deierminea oinerwute. The text writers propound the rule In favor of defendant, but their dicta aro sustained neither by reason nor au uioTuy FIFTH BEASON AGAIN BT DEHUBREB. In New York tha neoiflo ootnt has never been adin. dlcated, and Indeed was never presented for adjudica tion.

1. In McCorm.nlr v. Mannn. 7 71B. tho tion ended by a settlement of tne parties, which of it eu nrociuaea an aetlnn.

lteame. tne verdict wan vitiated by an error of the Court In adjusting the burden of proof and by a mlatake in a submiaaion to the Jnry. Thomaeon r. Do Mott, 18 How, 629. decides Indeed that "it la necosaary that the oomplalnt ehould ahow uui tue auogea maHolouB proeoouuon has been legally and finally terminated;" but thero the proeecutlon wae Hot otherTTiae ended than br an indnranmnnt nf him opinion by the District Attorney, that "the case should never be tried." The argument of the learned Judge (Boaworth) clearly Implies that an effectual noi prosequi granted and recorded by the Court on motion of tho istrict Attorney, would suffice to support the action.

9. In default of authority, then, the question In this State is open for dedeinn unon nrinr.inlAq nf raunn and Justice; and ft cannot be doubted that the complaint exhibits a wrong, for which plaintiff Bhould have redress. The facts recited are admitted by the demurrer: People TS. InnorsolL Bft N. Y.

in. Tho foot that the prosecution waf noil, prass'd at tbe request of the defendant and againat tne protest of the iLcauub piiuuiiu, uiBomninateB tnia case lrom any other recorded In tho books, makes it mi generis, and entitles it to a specific remedy. The action on the case for malicious proseoution yariea its form as the circumstances bf eaoh narticular grievance may require. Whatever engines of the law malico may employ to compass He ovll deaignB against innocent and unoffending persons, whether in the shape of indictment or information, whioh charge a party with crimes injurious to his fame aud reputation, and tend to doprlvo him of his liberty, or whethor Buch malice is evlnoed by malioious arrests, or by exhibiting groundless accusations, merely with a view to occasion expense to tho party, who is under tho necessity of defoudmg himself against them this action on the oase affords an adequate remedy to the party injured. "Where there are no procodonts that appear to be bindlno on the conscience of a court, tho demands of justice requiro that in a'proper case one should be made.

In the present case wa ail agree that the plaintiff has eustalnod an injury for whioh he should have redress. It ia possible that a caso precisely like this has never before arisen, but if any shall hereafter ariso, it may as well be understood that a party thus injured is not without an adequate remedy in the courts. SIXTH BEASON AGAINST DEMUBREn. Tho law of New York is not obnoxious to the re proach implied by tbe imputation that it provides no redress for so great a griovanco as the oomplalnt exhibits. The demurrer should be overruled.

Kogeb A. PR con, Plaintiff's Attorney. B. F. Butleb, of Counsel.

The speech or Oeneral Butler had not been delivered when tho Eaole wont to press. Tho addresses of MesBtY. Shearman and Pryor, in explication of their points, were accounted very able and interesting by the legal audience present. FRED. BELL.

He Visits Eubenstein and Fuchs in Eaymond Street Jail. Tho Singing Preacher's Power Evinced Among the Magdaleneg. This morning, about ton o'clock, the Eer. Fred. Boll, aooompanled by the Rev.

E. II. Hall, of the Johnson street U. B. Church, and by Court of Sessions Officer Joseph H.

Winters, Btepped on board a Myrtle avenuo car at the junction of Myrtle avenue and Adams street. The genial Joe aooompanled Mr. Boll inside and both took a seat. Mr. Hall stood upon the rear platform and handed the conductor fifty cents, remarking that ho had better not receive monoy from the curly headed man who Just passed in (Mi.

Bell), as he was being taken to Raymond street Jail, and might try to pass off a counterfeit on him. Tho conductor, hearing this, regarded the singing evangelist with curiosity, and having to pass through the car ho looked at him closely, and remarked when ho returned "I'm glad you told mo that fellow docs look like a couutprfeilor," "Well, a great many people say he is avery bad man, continued Mr. Hall; "in fact," he added, "ho is a notorious character." When the car reached Raymond street, Mr. Hall pulled tho Btrap and a stop was made to let the three gentlemen alight. As they walked toward the Jail Mr.

Hall amused his oompanions by relating the joke ho had just had with the conductor, at Mr. Bell's expense, and tboy laughingly halted In front of the gloomy bas tile and rang the bell. The door of the Jail was opened by one of the turnkeys, and Mr. Winters ushered tho reverend gontlomon within the prison walls. He then iotroduced them to Koeper Stinson and informed him that they had come to havo an lntorviow, if permittod, with Ruhonstoin, and tho prisoner Androas Fuchs, who awaitB his trial for murdor.

Mr. Stinson welcomed them, and conducted them, first, to the coll of the doomed prisoner, ltubinstoin received them with a half frightened, half surprised look. He had boon ongaged in hia dovotions and before he would consent to speak with Mr. Bell ho was curious to know what his business was. Mr.

Boll Informed him that he was a minister. "Are you a Catholio minister 7" inquired the prisoner. "No," replied Mr. Boll. "I am a Protestant minister.

Holding the samo position in a ProteBtant church that a rabbi does in yours." "You boliovoin God 7" queried Bubonstoln. "Yes, I believe in one God," said Mr. Boll. "So do said BubBnstein, "and I pray to ono God." Mr. Bell then asked him how ho felt Bubonstoln shruggod his shoulders and remained Bilent.

Presently he turned away uud resumed tho reading of his prayer book and the clergyman seeing that ho waa wishful to be alone, loft. As he passed down tho corridor, howover, he callod.after them and asked thorn to oomo back and shake hands with him. This thoy did. They woro then conveyed to tho cell occupiod by Andreas Fuchs. Joo Winters Introduced them to the prisoner, who immedlaiely, on learning who they were, reached forth his hand to gr oet They chatted pleasantly with him, and both of tuem remarked in his hearing that ho was not hko a man who was insane, nor yot liko a parson who would be guilty of murdor.

Tho expression seemed to bo rather pleasing to him, as ho smiled and beoamo affable. Ho nishod to know if Mr. Bell could not amngu to have his daughter, the little girl, visit him, as he wished to see her very much, but Mr. Boll explained to him that he was merely a vis itor, and had no power to do anything for him. After leaving him they visited the coll occupied by hia wife, in anothor part of tho building.

Sho was sick, but on Mr. Bell asking her If sho would like to hear him slug one of tho gospel songs, she expressed a great wieh that he should doBO, and at once arose and went into tho corridor. Tho prisoner and her visitors were immediately surrounded by tho other females from all the tiers, and amid these Magdalcnes Mr. Bell, in a clear, sweet voice, Bang Sankoy's song, "The Ninety and Nino." During tho Bingijig tears stood In tho eyea of Bomo of tho women, and Mrs. Fuch's wept audibly.

Meantime tho excitement carried by tho visit had sproad to the lower tier of cellB and the prisoners oonflned there sent a roquost to Mr. Stinson that Mr. Boll should bo allowod to visit them. The request was grantod, and when ho ontered iho corridor, ono of the famolcs besought him to sing, Jesus of Nazareth Passcth By." Ho selectod as more appropriate tho hymn, Put Faith in the Lord," and as ho sung there was scarcely a dry eye amid thoso of his auditors. After a tour of the other portions of the Jail, in which they wore accompanied by Mr.

Stinson and Jo. Winters, the roverend gontlemen loft, expressing much satisfaction at the manner in which the Jail ia kept by Sheriff Daggett and hia subordinates. TRANSFIGURATION CHURCH. Continuance of tlio mission. A mission was inaugurated in the Church of the Transfiguration, Hooper atroct, near Marcy avenue.

Rev. John Fagan pastor, last Sunday week, and day and evening since tho auditory has been crowded wth tho faithful, who are taking advantage of thB occasion to mako their peace with God. Last evening Father Darner, tho eloquent Jesuit, who is conducting the miBBion, preached a sermon on Transub stantiatioa." The church was completely packed with human beings. Hundreds of people went away unable to gain admission. The mission will close noxt Wednesday morning.

Tho prechor quoted largely from tha Scriptures in support of the doctrine held by tho Romm Catholic Churoh, of the changing of tho bread and wiuo at the service of mass into the body and blood of Christ. He ridiculed the Idea of Protostaats rojecting tho doctrine because it Is a mystery. He wanted to know if the human body and light and darkness, and all tho earth, in fact, was not a mystery 7 Everything was a mystery which they did not understand, and yet they believed bocause some human being said so. Was not the word of Christ sufficient in order to believe. He who brought the dead to life and performed miracles, was oertairdy capable of changing bread and wine to His body and blood.

The Blblo waa all truth, and to reject any portion of it would be tantamount to rejootlng all. The Catholio interpretation of tho mystery was as old as Christianity, and waa the ono given It by the Apostles, who, ho said, certainly understood tho meaning of Christ. SLIPPED ON TBK ICE. This moi ning a laborer, whose name could not bo ascertained, when about to begin his dally toil, lor which be had just previously been engaged, at the corner of Bushwiok avenue and Maujer street, slipped on the loo and fell heavily. His head strnok violently on the flagging causing unconsciousness and resulting in a serious concusion if not fracture of the brain.

The injured man was removed to the Fourth stroot Hospital for treatment In an ambulance, by Dr. Hesse, Ho had been hired by a contractor to asBist in digging down an embankment and had not an opportunity to impart his name to the timekeeper. DBCKK OB FOOLISH. An offloer of the Sixth Precinct, yesterday found a young girl answering to the name of Mary 8hffer, wandering aimlessly about the streets, and as in duty bound took her into custody. Mary waa ex ceedingly demonstrative, so muoh to that the officer was compelled to almost carry her to get her to the station, and that led him to beUeve eho hau been par taking of aorno atlmnlant The girl has been ascer tained to be eomewhat "cracked tn her upper story, an! upon being Informed she lived with her parent, at No.

62 Bartlett street, Justice Obertuar sent uar uom! In charge ot Officer Duffy, complaint before the Qrand Jury ment. oi termination set 1(3 nil in too oompiainc II tne isow given aa a description of the mode of termination are not sufficient to show a termination tn fact, the courts dlaiogard the other general language as mere oonolu aiuim oi law, ana cm aemarrer tne complains wm um held lnsufficdent, while upon the trial the evidence wiH be oonftnsd so a determination In the manner apeclfio any alleged. TOUBTB SEASON FOB SHTDBBZB, It hag long been settled by the decisions of cxrarU of the highest authority, that an action for malktous proseoution cannot be sustained where the original prosecution was not terminated in any other manner than by tho entry of a nolle prosequi. This was first decided bv the Court of Kind's Bench, the eminent Chief Justice Holt delivering its opinion, and Baying "that the entering a not. pros, waa only putting tho ilnfandant si? die.

and so far from dischaxs' ing him from farther prosecution, new prooess might bo made out upon that very same indictment.1 The cause being tried before him, he reserved the point for tho full bench, which concurred in holding that the action would not no. FIITn SEASON FOB DEMURRER. The cases holdlmr that a nolle mroseaui is not a suf. flclent basis for an action for malicious prosecution are strongly supported oy otuer cases distinctly noioung that a mere abandonment of a prosecution Is not sufficient cause, as wo shall presently show a nolle prosequi in criminal cases is nothing moro tban a formal declaration by the Attorney General or District Attorney that he does not ohooae to continue tho prosecution. Thus it has been hold that a complaint stating that of ter certain indictmentB were found "all proceedings under them havo been wholly abandoned, and tho authorities of said State did not intend to proceed further under either of said indictments," Is not eufficient to sustain the action.

(Pratt vs. Pago, 18 337). So an allegation that the defendant has not further proseouted the criminsl proceeding, but has abandoned the same, is entirely insufficient Gillespie vs. Hudson, 11 Kansas, 103. So an indorsement upon an indictment by the District Attorney declaring the prosocution frivolous, and diroctlng that the indictment be not brought to trial, is not sufficient, and a oomplalnt alleging only these facts was held bad on demurrer, Thomoaon vs.

Demotte, 9 Abb. Pr. 242, IB How. Pr. S20.

So a nolle prosequi entered in the form of a memorandum by the prosecuting attornoy upon the back of an Indictment, has been held unquestionably insufficient to sustain an action for malicious prosecution. Smith vs. Shackford, 1 Nott. and M. (s.

3d Hoy ward vs. Cuthbert, 4 McCord, 354. SIXTH SEASON FOB DEMUBBEB. Tho doctrine for which we contend Is inferentially supported by a class of cases In whioh tho courts have been required to consldor whethor tho action oould bo maintained without the vordlot of a petit jury. Some of these cases will no doubt be cited for tho plaintiff, but they oan only bo made to appear aB authorities in his favor by partial citations, not taking into account the facta of each oase.

Wo nhil! endeavor to state thorn here with It will bo Beouthat they afford no countonanco to the maintenance of this suit. SEVENTH BEASON FOB DEMCTEEEB. If tho question should be considered as a new one, and not govcrnod by tho decisions of the courts of England and New England, nor Bottled by tho weighty fact that no action for niatioious proseoution has ever beon sustained in this Stato upon evidence of a nolle prosequi, thon the nature or tnat proceeding itself is important to bo considered. A nolle prosequi is in no i.n.i i souse a juuiuim uviuiuiuohuu, i uui huu act. ul mo court, directly or indirectly.

It can bo entered by tho Attorney General without the permission, and against the will of the court; and although tho pormission of tho court is nooessary to enable a district attorney to entor a nolle yet tho court has a mere veto power, and thla veto can be overruled by an application to the Attorney General. Furthermore, when it is entered it is not final, but may be rorokoa by tbo Attornoy General; and, after its rovocatlon, the court is bound, unless oood causo appears to tho contrary, to issue a now process upon the same indictment. It is. In Bhort, notuing more man a lormai aDanuonment oi tne prosecution declaration in opCD court that the Htntn ilnM Tint IntMl 1 to proceed. It iolloWe, therefore.

that a nolle prosequi in no mOK) termination of tho prosecution than any othor abandonnioilt OP stay oi the proceeding is. The BtroDgost proof, howovor, that a nolle prosequi Is not the final termination ol a criminal prosecution Js to be found in the facfthat it not merely no bar to a new indictment, but that it is at any time revocable by the Attorney General, and that a now warrant may be issued upon the original indictment after the noi. pros. EIGHTH BEASON FOR DEMUREER. Should tbe Court consider the question as one entirely new, and without being governed by previous dociBiona of the courts, the same conclusion must be reached, if any regard 1b to bo had to the goneral principles which have governed tbe administration of justice in other mat ter by tho tribunals of English and Amoricau law.

Actions for prosecution are looked upon with disfavor per Holt, G. Haville us. Boberti, Corthew, 416; Pantsune vs. Marshall, Jay, 162. for, as irOrd Camden Bald, ''Courts will bo cautious how they discourage mon from auinfr," Joslyn vs.

Wilson, 2 Wilson, 202 an expression which was cited with approval by tho Supremo Court of Massachusetts Car clival V8. Smith, 109 Mass. 153. Upon thiB prinoiple the courts extend protection to suitors in private action against unnecessary harassment by actions for malicious prosecution or false imprisonment, and there ia much stronger reason for doing bo where prosecutions are dropped for tho public benefit, and in the name and under tho control of the State. The Americad law has, on grounds of public policy, transferred both the responsibility and control of criminal prosecutions to a grand jury and district attorney.

1. The law allows no "criminal informations" (as in England), and no man can be accused by in diet mon except on the oaths of the grand jury, and the act cr.n not be tried in a private suit for damages until tried bofore a petit Jury or otherwise by tho State. 2. The State's attorney has tho sole power to prosecute, and private counsel have no power to detennino whether tha prosocution shall proceed or not. 3.

Under this system the function of the citizen ia that of informer and witness, not in any proper sense that of prosecutor. Tho (Jaiiguaiiin "prosecutor," sometimes used, is borrowed from tho English law as a traditional designation merely, 4. It tosulte from those foaturos of our criminal procedure that the publio interest and right must bo protected or finally barred boforo a private action to question the indictment can be Bustainod. Tbo fact that thore Is no precodont for Auch an action where there must have been many occasions for bring ing it, if maintainable, is a strong argumout against it. ThiB is not an action on "now factB" within the exception to the forojjolng rule.

It is attempting a now principle within tho rulo. If it it Bald, on tho other hand, that it is a hardship on a person who claims to be unjustly prosocuteu that he Bhould be doprived of his remedy by acquittal and by a subsequent recovery of damages, and tho maxim that "every wrong should havo a remedy" is invoked, we reply that this maxim is always limited, but admitting its full application to such oases, though It is quite clear that thero is another romedy of a moro efficient character, although upon the ground of public policy it is not by way of damages for malicious prosecution cannot bo eustalnod without porjury, and for perjury thero is an unquestionable and effective remedy in the way of criminal prosecution. If it 1b said that this does not afford relief in damages for a great wrong, wo answer that if tho original prosccutii should bo made successful by means of perjury, that would be a still greater wrong, aud yet it is indisputable that for this wrong no damages can be recovered. It is, therefore, not at all unreasonable that when a leas wrong has been conimittod, to wit, a mero prosecution, not resulting in au unjust conviction, tho Court and ttio prosecuting officor together shuiild havo a discretion to suspend tho proceedings in such a manner aa to roquire tue party claiming 10 no inj urea id proceed by way of a criminal proseoution itself, instead of by a civil suit. If it is said that stronger proof is required upon an indictmeut for perjury than in an action for damages, the auHwer to that is that it iB so much the moro reason for requiring ono who prosecutee against the judgmont of the court, and tho District Attornoy to adopt that form of proceeding.

Ho thought to make his eaBC clear beyond the alia low of a doubt lu ordor to jualify his bringing any caso into court under such circumstances. NINTH REASON OF DUMUItnXR. The demurrer Is well taken, and should be sustained. Sukabmah Steiilino, Defendant's Attorneys. Austin Abbott, TI103.

Q. Shearman, of Ooiimel. Iu the courso of hi3 argument, Mr. Shearman cited numerous oases in support of tho points raised by him. THE CASE FOE THE PLAINTIFF.

Goneral Pryor follower Mr. Shearman, and submitted the following statement nn. pniutu, for Mr. Moulton, and iu every case tho mla were bused upon a great many citations of authority. Tho statement of tbe case was, said General Pryor, an action for lnaliclotiB prosecution.

Tho complaint al logss the end or tho prosecution as follows That plaintiff picadod not cuilty, aud was then and ever aince has been ready and anxious to stand trial on aid Indictment, but tho Dlstriot Attorney after consulting with defendant, and in compltauco with hlB roquost, but against the will and protest or plaintiff, on tho twenty second day of October, 1875, moved tho City Court of Brooklyn that a prosequi bo enter ed as to said indictment, and tho prosecution thereof against tbe plaintiff, and the City Court granted said motion, aud il was theieupon adjudged and ordered that a proJcii ehould bo allowod and entered. Tho specific point presented for adjudication is: whether an order of nolle prosequi grantod by tho Court on motion of tliis District Attorney and entered of record, is such a dotorniinstiou of tho cause as will support an action for malioijus prosecution. If a criminal prosecution bo capable of termination by a nolle proiequ the complaint is eufticiont for, it alleges the prosecution was wholly ended and determined. Tho reference to tho noi. pros, only indicates tho manner of the termination but does not qualify the fact of tho termination.

FIRST REASON AGAINST DEMURRER. The gist of the action for malicious propeoution is the wsiit of probable cause, and tbo averment that the previous action is does not touch tho merits, but it is a mero "toc'mical peraquisito." Hence, the abrsenco ot such averment is cured by verdict and the fact of tho determination oi tho provious action, is not put in issue by a general denial. Though tho plaintiff wero acquitted ou the prosecution, want of prjtablo causo must bo substantively and expressly proved. SECOND REASON AGAINST DEMURRER. Originally, upon a false analogy to tbe writ of conspiracy, a technical acquittal wnH indisponsablo to the suppoit of this action.

Now, however, it is not essential that the piosecution so torminato as to discharge tho offence aud oppose a bar to a fresh proceeding. An ond of the particular prosecution suffices. Hence, return of an indictment ignoramus, suffices to support an action for malicious prosecution. So, if the indictment bo quashed. So a dismissal of a complaint or discharge by a maaistrate having no jurisdiction to try, but only to bind over.

So a dismissal or dischargo for nonappearanco of tho prosecutor. So, a discuargo oy tne magistrate with the acquiescence of tho prosecutor. So, a judgment of nonsuit or nun pros, sumcas ior this action. So, of a voluntary discontinuance. So, abandonment by plaintiff of former suit.

So, "abandonmeut of the cuargo and discontinuance of the prosecution is equivalent to a discharge of the party from the accusation." 8o, a rule to discontinue on payment of costs. So, a discharge by a U. S. Commissioner, acting as a magistrate, tio, a dismissal for waut of jurisdiction in the court. So, discharge of defendant by Stato Solicitor, though not of record.

So, discharge of a recognizance by State's Attorney ia sufficient to support malicious prosecution. THIRD REASON AGAINST DEMURRER. Ucro the particular pro3oculion is determined, continued General Pryor In a civil action a nolle prosequi is an acknowledgment or agreement by tho plaintiff entered of record, that ho will no farther prosecute his suit. In an aotion ex contnietu against several, a noi. pros, as to ono is a discontinuance to all.

A ilol. pros, determines tho aotion and discharges the dofendant la so much aa to ontitle him to costs; and to make him a competent witness, ho being no longer a party to the record. Indeed, anciently a no', pros, was equivalent to a retraxit, and bo was a bar to any other proceeding. In a criminal proceeding the effect of a proa. Is identical; it determines tho particular prosecution.

Tho Attorney General has the same right to enter a noli prosequi on behalf of the Crown that a plaintiff has in a civil action. In Goddard ts. Smith, 6 263 Harcourt, Master of the Office, having been directed by tho Court to search precedents, reported that: "There never has been any proceeding after a nolle prosequi." In Begina vs. Allen, supra, Cockburn, C. said "No instance has been found, and thoreforo it may be presumed none can be found, in whioh after a nolle proseoui has been entered, this court has taken upon llselfto award fresh process, or has allowed any ur Li AAninna tn hft taken unon the indictment." nmmnton.

in tho same case "A nolle urostoui puts au end to that prosecution." Tho notion that a nolle prosequi operates only to stay proceedings orlginatod in a doubt of Lord Holt. It waa win fanov without nreoedent In oractlw. and la now repudiated by the Court in which it had ita birth. In this country it haf had some speculative recognition, but in no Instance has it been acted on, and now tne cioarweigui. But whatever tho law In England or elsewhere, in thla State a noue prosequi is necessarily an mu aecutlon.

in vnni.nn a inF7i nroAwjui is entered by the Attor ney General ex mero 7mfu, and ts not an order or ad So in Massachusetts and other States, where a prosequi is hold not to determine tne prosecution, ouo joct to the exclusive control of the public prosecutor, the nolle prosequi may consistently be held revocable at his pleasure. But the case is otherwise in Now York, vhflrn Uv ntafxtn thn f.ntrv nf A nolle nrOtVIUl ij TO moved beyond tho power of the State's Attorney, and ia mado an adjudication of Court and a matter of re cord. Observe an essential distinction If the proseoution begin with a magistrate who holds or bails the party nv Indictment, then. oassiblT. though the Indictment be quashed or nollcd, the prosecution doea not terminate.

But the complaint shows the first act and foundation of the prosecution to be the indictment, and that failing, the prosecution necessarily envls. If the party la to be onrauod farther, there, must, bo a freaja Another Loiter Received by Superln lendent Campbell. Rubonetoin passed a very quiet day, and ni visited only by hia brother, who had about one hour's conversation with him. The keepers are very careful that nothing passes between Rubenstetn. and his friend.

Oolonel Stegman has reoelred eeroral letters bidding him bewaro of the prisoner, as thoy would poison him if they got a chance rather than see him hung. Ono of the beepers who was set to watch Rubenatein was romovod from that office why. Colonel Btegman will not say, but he was takon away for cause. Ruben' atoin waa always anxious to have him on the watch. and used to ask for "that nice young fellow" when the keeper was abaont.

Superintendent Campbell received the following let ter this morning Sunday, February 28, SuwWnfrndent oirolice. nrooklvn the friends of Itiibenslein are going to bribe his keepers If thoy can thov havo (tot 1.101)0 dollors to try It with, thoy Swear ho will not hang look out for him you will havo troblo yet 1 Get my iufamatlon from the rignt piaco bo warnou in timo ueiore tney uoennn hang luej win pulsion mm. iiubxick. Colonel Stegman this mtflBtVti. No oioro pre caution can be used tban ia exorcised now by the io op era at ibe Jail.

MALPRACTICE. The Clearing Up of a Young Girl's Mysterious Death. Horrible Tale of Two Cities Quick Deloctiye Work What the Tersons Ar rested Hare to Say About the Death of Christina Brecht Her Dying Statement to the Priest Her Destroyer's Arrest aud What He has to Say. A ease whioh is of the most revolting character has just been worked up and completed by Captain Forry, of tho Third Precinct. A young German girl, named Christina Brecht, died in Newark on Monday last, from injuries rocelved at tho handB of a quack in New York.

She had been seduced by a clerk named Flans Stahr, and ho got her to go to the abortioniBt to hare tho operation performed which resulted so fatally. The story is as oIIowb Ou last Thursday Captain William Anderson, of 430 Honry street, callod on Captain Forry and told him that his servant girl, Christina Brecht, was missing, and that she had been away for ten or oleven days. Captain Ferry questioned him aa to hor habits and what he know of her, and Captain Anderion said that be Doiiovod tho glvl might have got married for hia wife had told him she was preparing olothee for her marriage and he understood sho was engaged to a young man named Oottleib Fritz who resided in Newark and was to open a lagor beer Baloon thore. "At any rate" said Captain Anderson "the girl's friends Uve in Nowork and thoy will probably bo ablo to tell something about her." Captain Ferry wrote theao on Thursday night and requestod Chief of Police Mills to investigate. On Friday afternoon and before Captain Forry had received a reply from Chiof Mills, Captain Anderson called on him again and Bald that he had found out that IIS OIRL WAS DEAD.

The Captain Inquired of him how ho got hia Information, and Captain AnderBou replied that Christina's friend, a Mr. Moos, who resided "on tho Hill" at Newark, had just callod on him at his residence, In Henry atreot, and had asked him to give up Christina's clotuos, stating that she bad diod on Monday last and had willed her clothes to his (Mr. Moos' wife and ho had therefore called to get them. Captain Anderson refused to Ivo them up at the tdno and hurried oft to notify Captain Ferry, ThiB latter official at once dispatched Detective Roche to Newark to Investigate the affair. Detective Roche saw Mrs.

Moos and from her jearued that the girl had died on Monday and had been burled early on Tuesday morning. Roche asked what waa the matter and the woman said she didn't know, that Dr. Frank Oubner had attended tho girl and had handed in a oertincate of death on which a burial permit had been granted. From aomothlug in Mrs. Mooa' aotion and speech tho detective suspected there was something wrong, and he questioned her closely and Bhe ilnally told him that she bclived that Christina had died from the effects of an abortion.

Dr. Gubncr was Bought out and his certificate hunted up, and in it he eald the deceased's death was caused by peritonitis. Iu tha meantlmo the Newark police authorities had been informed of tho matter and Dr. Gubnor was placed under arrest by Coroner Yrecland. The body of tho girl waa disinterred and a post Tuorfcui held, and it was found that Bho had been tho victim of a bundling operation.

FOLLOWING UP THE TRAIL, Dctoctlve Rocho found that before ChriBtlna died sho had sent for a priest, and to him she made a statement of tho whole thing. She said that she had been se duced by a youug man named Hans Stahr, that he found she was encknte, and ho suggestod to her that sho Bhould havo an abortion performed, Sho did not consent at first, but he told her that thero was no dangor, otc, and Ilnally sho made arrangements to moel him and go to a doctor. On Saturday, the 12th Christina met Han and ho took her to No. 45 Bleoeker street, Madame West's, and sho entered while Hans waited ouUudo. Tho operation was perf ormod, and on Monday the deoeased went to Newark, as sho waa feeling ill, and on Monday night sho died.

Detective Rocho repotted to Captain Ferry and It was lound that Hans titahr was a flashily dressod youug fellow of good appearanco, a clerk In a shipping office and UBOd to live in Captain Anderson's houso in Henry street, but was kicked out of thero for bad oon duct. it was at this houso that ho became intimato with Christina and thore accomplished her ruin. Captain Forry at onec went to work to find him. IIo resided iu tho Ninth Ward, but a moat dilligent search failed to show where he was. Finally Captain Forry bad a friend of his named Enoch Fritz arroatod, and Fritz at once statod that he haj loft Stahr that (Friday) night at tho depot, where ho had taken tho 11:50 train for Baltimore.

Detective Roche at once dlapatchod there and Captain Ferry sent a telegram to Philadelpha giving SUhr'a description and asking that ho be nEADED OFF at that cily. No reply, however, was received in an Bwer to tho dispatch, and tho Captain telegraphed right tin to Marshal Grey, the Chief of Police at Baltimore, Bending a full description of Stahr. Tho result was that Deteotives Gault and Hall woro soot to look out for Stahr, and thoy saw him Juet after he had loft tho Baltimore dopot aud having his traveling bag still In his hands, Dctoctive Gault approached him and clapping him familiarly on tho Lack, said "How do you do, Stohr Stahr turned round in astonishment, but held out hia hand to Gault, then he said "Excuse me; you havo tho advantago I oau't recall your name." "Why, la it possible you hove forgottoa me 1" eald Oault. "Where havo I soon you 7" "In Brooklyn, of course you aro a Brooklyn man "Yes, I must havo forgotten you." Stahr, though Bomewhat confused, waa proceeding to invito Gauit to drink, when the latter staggered him by saying, "I don't wonder that you forgot me. In fact I never saw you bofore.

I arrest you now on a charge of being concerned in the doath of ChriBtlna Brocht 1" Stahr droppod his carpet bag and cltephig his hands together ho said, "My God, po soon Ho wont quietly with tho officers and was locked up. When Dctectlvo Rocho arrived he found that his man was waiting for him, and that a very clever piece of dotective business had transpired unknown to him. Captain Forry speaks vory highly of the timely assistance of tho Baltimore Chief of Police, aud compliments tho detectives on their clover capture. Detective Roche brought hia prisoner on, and got in Brooklyn at 8 o'clock this uiorniug, aud tho police at once went to 45 Bleekor street and urrcated Mary Downey alias Madame West, and her supposed husband, Benjamin Hawker aliaa Dr. West, and hia brother Jabi Hawker alias West.

All three, together with Stahr, wero brought to Brooklyn by 10 o'clock, and after Superintendent Campbell had eeen thorn, were taken to the Third Precinct Station Houso and thonco to Juslico Delmar's Court, where they iwcro held. They will havo a preliminary examination on Saturday next, and then will bo turuod over to the Now York authorities, where they wiU bo tried, as tho crime was committed there. STAIIB EXPBEB3ES CHEAT SORROW at the death of the girl, aud admits that ho was her lover, and that ho took her to West's to havo an opera ion performed. He said, I did not go in tho placo, but watted outside, and I waited so long before sho came out that I got tired ondj.qft. I noxt Baw her Monday morning at Nowaslc, and eho told mo that Madame West had of her, I don't know what tho deceased paid tliomA Madauio West is a very homely looking woman, hor supposed husband is intelligent looking, and has light sidewhinltcrs and a mustache.

Tho dead girl Christina had a bank accouutvboforo she left Brooklyn eho had $M0 to her credit. On going away from Captain Anderson's sho drew $59, but when sho got to Newark sho had not ono cent, and gevo Mrs. Moos an order for $30. When tho girl was dying she Bent for tho priest, made a statement tohlm.and instructed him to draw up her will. She left her money to hor parents, who are living in Germany, and requeued tho priest to eoe that it was sent to them.

Her clothing sho gavo to Mrs, Moos, and it camo to pass that the authorities hero wore enabled to make a good arrest from this fact alone, for Mrs. Moos coming to Brooklyn to demand tho girl's clothes was the moans of putting such Information in tho hands of Captain Ferry that ho was enabled to work up tho whole case and arrest the guilty parties. They are all in custody at the Third Precinct Station House the young man, Enoch Fritz, who was a friend of Stahr, is held as a witness. Tho Inquest on tho body of the dead girl was commenced at two o'clook this afternoon by Coroner Vroelaud at Nowaik. A JITSTERI OF THE SEA.

The people of tho village of Pooonic are excited over what thoy believe to bo tho Blnking of a vessel in tho Sound, with all on board, during the recent galo. On Saturday a lady's and child's muff wero washed ashore. There va8 also diBooverod a mast fastened at the bottom of the Sound, two miles from re conic Inlet, having spars, block and rigging attached, whilo a boom, gaff and sail measuring fifty foot in tho leach and forty on the boom, were found afloat half a mile to the eastward. It Is tho general opinion that tho mast 1b fastened to a vessel's hull. An effort will be made to day to determine tho matter.

LOOK OUT FOR HIS. Last Saturday aftornoon a man engaged board of MrB. Brown, of No. 174 Taylor Btrect. Ho was shown a room and oxprossed his satisfaction with the accommodations afforded.

Another gentleman has a bed in the same room, and after Mrs. Brown leaving the stranger alone to take a nap ho promptly opened the trunk Of the boarder, Mr. George Davenport, and taking out a auit of olothos valued at 40, left for parte unknown. Mre. Brown furnished the following description of tho fellow to ltho scrgoant a tho desk In tho Fifth Proclnot Station House About forty years of aeo, five feet five Inches In height, dark complexioned, fnU black whiikera and bald on tha tan of the head.

Their Illegality in Queens County. The Becei rers' Acts Beliered to be Illegal. How Tax Sales are Effected Thereby. Jamaica, Hempstead, Flushing and Newtown have Keceivera of Taxes, instead of tho nsnal collectors. The acts creating them not only prescrlbo their duties, but embrace a second subjeot rolativo to the sale of lauda for unpaid taxes by the County Trca Buror.

During the last 3 years tho County Treasurer sold nearly a million lota in theso four towns and the nek profit to him on each was three dollars. They werejpurohased by moneyed men in bulk, by tho Messrs. Talmadgc, of Albany. Until ths passage of the Receivers acta the sales were made by tho State Con troller.perhapt once in flvo yoars. Now thoy aro sold each year, and in tho majority of instances tho taxea do not oxooed two dollars.

The expanses were exceedingly oxiortionalo, until tho Legislature ot 1876 reduced them nearly one half. For the redemption of a tot taxed two dollars, the delinquent would have to pay nearly fifteen. If not redeemed within fifteen months the figure Is optional with the holder. Instances are numerous whoro wholo farms have been sold for ten thousand years for a tax of fifty dollarB. THERE ABE MANY ABUSES oonnected 'with tho system.

It la found on an Inspection of tho assessment books of Flushing that some thousands of lots are assessed which do not exist. Thla fact being unknown to tho Reooivor, he roturnod them aa delinquent to the County Treasurer, who sold them and reaped tho profit as if they were ie facto parcels. The principal purchasers in this town havo been tho Messrs. Talmadgo. Since the sales, wondering that no redemptions had been made, thoy causod a searoh to bo mado for the purpose of mapping the parocls, and to their surprise no such lots were to be found.

The gross amount of the tax has boon refunded, while tho town lose tho amount of the Treasurer's foes and Incidental expenses, footing up thousands of dollars. In Jamaica, whon purchaser! were scarce, the town had to bid them In. But for lands of ordinary valuo there wore numerous blddors. Tho abuso which creops out hero is detrimental to every taxpayer. The lands purohaaed by an Individual aro credited to a corporation whose possessions are exempted from taxation, thus, thereafter possessing them ooBlless and preventing their resale for non paymont.

THIS BPEOIES OF IMPOSITION is calculated to mislead the owners, who not seeing them advertised may be unmindful until the limit of redomption has expired. The question of. the legality of theao Receivors acts Is now raised. A suit is now ponding in the Supreme Court of Queene County, which involves all tho points. Mrs.

Colton is tho daughter of B. Litchfield, owning considerable real property in and about Valley Stream. Hor lands woro Bold for unpaid taxes to tho amount of $38, and tho puro laser was a Mr. Cornell. Mre.

Colton did not offer to redeem until after the fifteen monthB had expired, when Cornell demanded for a release. Mrs. Colton at onoo commenced sn aotion to havo the tax deed set aside, her oouusol being A. N. Weller, Esq.

Mr. Wcllor takes tho grouud that THE BXOEITEBS1 AOT OF HEMPSTEAD IS UNCONSTITUTIONAL becauso It embraces moro than ouo subject, contrary to Section 1C, Articlo 2, of tho Constitution. If tho act had concludod with the ofllco of Receiver it would ho unobjectionable, but It goes furthor and enlarges the powers of the County Treasurer, thoy being two sopa rato and distinct aots. His Bccond point in that tho act does not provide for the notification of absentee owners or tho oooupants the third that no provision is made for noilfying ownors or mortgagees, theroby depriving thcmSof thoir proporty without process of law. THE DEOISION OF TniS QUF.fJTIOS carries with it groat importance The laws relating to these four towns aro subject to an the objections raised by Mr.

Welcr, and one decision must altoct tho whole of them. If advorse to the towns tbo greatest confu sion must result, to say nothing of tho thoaeands of dollars which will bo lost, and whoro the means to refund will come from Is the most serious question of alL BcBido, if thoso objections aro good, they relate to other acte providing for the limprovemente, and tho issuing of bonus, in nearly all tbe towns, and will invalidate at leaet a million dollars' worth of socurltlcB, So far as tho Colton Cornell suit has gone Mr. Weller Is sustained. A DEOISION OF THE OENEBAL TEBM just banded down, covors very noarly the constitutional question. It Is tho oase of the Cammlsstoneta of Metropolitan avenue against tho Supervisor of New town.

The Commissioners wore authorized to Improve the avenuo at an expense of $53,000. The Supervisor refusod to deliver over $11,000 of bonds, on tho grouud that the work was not proporly performed. Justice Gilbert granted a mandamus against the Supervisor, and an appeal waa taken. In the first instanco the constitutional point was not raised, but when it went up in points, Mr. Princo for the Commissioners, and Judge Covert for tlio Supervisor, tho latter raised the constitutional objection to tho aot, and on this point tho General Term has ot aside tho order of Justice Gilbert.

COURT NEWS. Illicit irrnsh. On Saturday aftornoon Deputy Collector Bowdeu and V. S. Marshal Bfggart dostroyod 5,000 gallons of mash, tubs and all, at Bogart aud Yarick Btroots, E.

D. No arrests. The Ijouiflircy Hrothcrs. Tho motion in arrost of judgment, in tho caso of the Loughroy brothers, was postponed In tho United States Court this morning, until Wednosday noon. ANOTHER HLOW IT BROOKLYN.

Tiie Terminus of the South Side Itoad Transferred to Hunter's Point. The announcement is mado to day that tho terminus of tho South Sldo Railroad has boon transferred from South Eighth street to Hunter's Point. This broaks tho last link of steam railroad connection between Brooklyn and tho interior of Long Island. The South Sldo road terminated virtually at Btlsh wlck. It had a passenger dopot at South Eighth street, from whenco tho ordinary cars wero conveyod Dy dummy engines to the Bushwick station.

Tho dummy routoj was tortuous and clraultlous, and a good deal of BenseleBB clamor wbb ralaed from time to timo against it. Tho road was In many ways very advantageous to Willlamsblirgb and thoso who wero opposed to it will bo more mortified than anybody else by its removal. II is not now possible to rcaoh tho termlnuB of any Long Island railroad without going outsldo of Brooklyn to do bo. UPA limO EXHIBITION. On Saturday night a Rpnrring exhibition was given at tho Lyooum, in Washington stroot, whioh was well attended.

Tho chief attraction was Johnny Dwyor and Sieve Taylor, who gavo an exhibition an the "wind up." Old Bill Toveo was master of ceremonies, and introduced the boxors to tho audience. The first rounds was between Sheln O'Brlon and Qoorgo McC'arty, who Is a prolossiouol boxer, and who on this occoHion got the worst of it. Homo lively sparring thon ensued botween Toolo and Brannigau, after which Mcaiunls aud Rood wore Introduced, their sparring was loudly cheered, somo very quick work was done on both Bides, McOluuua was worsted. Peter Crokor and Billy Madden then showed considerablo science, olter which Johnny Dwyor and Steve Taylnr ma le their appearance, and wero greeted with deafening cheers. They had threo rounds, and showed to a deUijhted audiouco mostorly management of tlio gloves.

Of course tbo contest was of a friendly character, but each man's peculiarity of using His hands was Bhown to perfection. Dwyor and Taylor havo beon enqaged at Donnelly's, hcro thoy will doubtless attract a lorgo audience. MONEY MAKKET. Wall street, February 28 3 P. M.

Amout? the miles betwoen calls and nt tho second board were, Tlauuibal and St. Joseph, 8s, Sii WeBtorn Pacific, 101al01ft; Uuiou Pacific, 1st, 105a 105y; ditto land grant, 103; Missouri Pacific, lBt, 80a B0'4; 5s of 1831 coupon, llflji; Ohio consul, S. 98Ji Now Jerflcy Central, 1st, 115; Albany and Susquehanna, second, 103 y. Chicago and Alton, 101 tf; Wabash, second, CIJi C. C.

ond I. first, 54; A. and P. 'telegraph, 20 Morris n.ud Kssar, I05al05 65's now coupon, 67'u coupon, 121)' District oi Columbia, ISilVi. Tho Assistant Treasurer po'ul $10,000 on nccount of interest, and for Gold hoe hoeii slroug all the ifternoon at 114 a 114H, and thero is Home talk of Bliipmonls, but it Is probable that the amount reported thisweek will be small.

The Wror in the Treasury statement, ref treed to this morning, had a stimulating effect. upon speculation and will, poniibly, result in a further, advanoe. The stock market was wtsk and strong by turns this afternoon. Botween calls tho tcudeucy was upward. Early In the second board pi ices fell off to tho lowest points of tho day in Borne ond then there was a sluggish reaction.

The most active stocus were racuio Mail, Lako Shore, Northwest, Western Union, St. Paul ttnJOhl0 3116 P.M. Gold closed Stocks wero irregular but gen erally firm, and money loaned at three per cent. The following tablo shon a tuo courso of tho gold and stock markets for this day 5:15 M. P.

M. Opening. Hignost. Loweat. Cloth IW N.

Y. Con. A BAiuaon. in I lift 141 67 63 b'i 6 41K S4 110 41'. 141 i a.

Ki 5 43 UO'i 4JH 80 22 107 v.x 72 81'' 131 12iS 141 6 41 UU'i 45'2 7iH4 11 lil 11! 141 Harlem Krle Union Pacific Lake Shore Wabaab A Iadi rJortliweaU rn Northwolrn Kock island 81. Mt 1'nnl oreferreu r'4 MX 41 6 42 i in'; 4Ki 1074 Mi l1 si 12 Ohio uil Mtosissippi K.v tleotral. a Hannibal Oiid St. Joo. Wntern Pacific Mali Pjuiama Missouri 72 it The following table BhowB tho bid quotations for Oov oiunient bonds at the respective calls Firat Second Third call.

123 123 118 117! IIT ir.i ii 12114 191 YXi 1181 cau. call. vny. HoH 117W 111 119'i ll'i'i I'l1 11 23S va tM 121 1LS. rerlJtor) 23 C.

s. ij'a, ivi. cuupou U. S.5'a. .....1.

11. s. 5 20's. Ie65, U. Ii.

6 30's. ISVi, coupon 5 30'j, regi iterod. 17 5 2il', 15, coupon U. S. 5 20'a.

1817. (1. K. 6 2VS. 185T.

coupon 6.2''s, 17. K. 1kT8. onupjn U. S.

10 10'a, rcglatered S. 10 le'a, coupon U. S. Currency Sixea 123'; I18M 1172 117. us liM'i 131 '4 I SI.

12.1 van IIS' 121 12 TOO LATE I'OR CLASSIFICATION. REMOVED FKOM FULTON TO SANDS No. 86, bet. Adaraa and Pearl The greatest living, ftgtonlsliing clairvoyant, from Paris, tblls pan. present and future lost and atolen goods recoverod brlnj a together those aeparatod, abaont friends lvua lucky nuiaboro; Iv dies 60 eem ai mmra irom, pj r.

How Brooklyn's Trade and Commerce was Jeopardized. The Tiowa of Men Who Remember the Lonic and Fearful Struggle for Railroad Communication. As the contest for the restoration of steam on AUantlo avenno continues, the people are eager to have all they can of the facts pertaining to the perfidy by which the railroad was banished from the city. Some interesting data on that subject has already been published, but thero is a rich mine of material from which to draw, opened by the Eagle reporter coming in communication with citizens who were engaged in tha conflict of 1859, that some further reminiscences are here reproduced. First of all, howover, It is in order to furnish the reader with the vlewa of several of tho merchants who suffered by the romoval of steam, and who were familiar with the points of the battle also, somo facts pertaining to the downfall of Atlantio ave nue into rp rises consequent upon tho closing out of tbe locomotive.

The viowa alluded to will be found under the heads indicating tha titles of the firms visited, as follows F. ft THEODORE NEWMAN. The Messrs. Newman, of No. 305 Fulton street, are dry goods merchants who, when the railroad was In Atlantio avenue did a good Jobbing business with tradesmen belonging to the various vlllagos and towns of Lone Island.

They united in their statement to the Eaolx reporter. The ex Alderman member of the firm said, "Cornelius Spraguo, now dead, who was ono of the prime movers in the crusade against Bteam on Atlantio avenue, told me ho would give anything If the miBtake in driving away the steam cars from that thor oughfare could bo corrected by restoring them." For themselves the Messrs. Newman Bay, "It has driven millions of dollars away from this city. Wo used to sell goods to all over tho Island. Of the many customers ou our Long Island list were six whose purchases wero from $200 to $300 a month.

Of all our old customers, when they could laud in Brooklyn from Longa lBland and return home tho samo day, we havo only one or two now who come here to buy occasionally, on the strongth of old aoquaintanco; and tiny invariably remind us of tho limits of their time owing to the fact that they have to wasto over an hour in getting from Hunter's Point to James Blip and thence to Brooklyn. Wo did a large jobbing business with tho storekeepers on the Island. It ia impossible to calculate tho injury inflicted upon this city by the closing out of steam on Atlantic avonue. If Long Island had tho railroad accommodations bf Now Jersey, land would bring from 200 to 300 per cent, more than it can to day. and this would be accompanied with a proportionate benefit to tho trade of Brooklyn." VALENTINE, BEBGEN A COMPANY.

Elias Lewis, of tho firm of Valentino, Ber gon Compauy, tho largest wholesale grocery houso in this city, Bald 1 was ono of tho oltizens who went to Albany in 1859, during tho contest with tho mon who drove Bteam from Atlantic avenuo. Evor since tho ro moval of the railroad our goods for Long Island havo been delivered at James slip to be taken to Hunter's Point for dolirery to tho railroad. This involves an extra amount of trucking, ferriage and time, which was saved when wo delivered goods on Atlantic avenue. The entire travol of merchants and others from Long Island has beon divortod to New York, from South Ferry to Hunter's Point. Houce the time botwoon their arrival in New York and of their returning to the Island is so limited that It is impossible for them to continuo their trade hero.

Tho Btate of tnlngB has made it necessary for us to conduct our large Island business by traveling agents at conBidorablo oxponsc, and preventing our coming in immediate commuuicatlon with our customers. This, of oourso, virtually leaves our business in the hands of others, aud in continual peril. Yot, if we had not adopted this method, our wholosalo trade on the Island outside of the city would have been destroyed. A common almost univorsal saying of our customers is, 'Wc would like to trade with you indeed we prefer to do so, but we have not tho time, and aro therefore compelled to do bueinoaB lu New The fact that we resldo here, aud are large ly Interested in real estate in this oity, aro tho ouly considerations that have prevented us removing our business to New York. As late as January last wo havo seriously discussed tho expodioucy of removal to Now York.

It is within our knowledge that a trade, whole sale and retail, had grown up here in connection with tho terminus of the railroad on Atlantic avenuo. We have no reason to doubt that it would have continued to grow, but tho travel having been diverted, wo havo held ou to most of our trade by tho services of agents. I do not hesitate to say that the men who led in tho movoment against steam on Atlantio avenue ore re sponsible for damaging the commerce and trado of Brooklyn to au incalculable extout, howover well meant may have boon their efforts. It is now proposed, as I understand it, to make Flatbush avenue the terminus. Wall, wo aro satisfied with that becauso it will bring the peoplo to Brooklyn.

We will seo them and talk with them. Boyond that we will see to tho shipping. Owing to tho present condition of the city, iu its wont of connection with the Island, a prejudice has grown up against it aa place of busineSB, all tho avonues of traffic being cut off, and a loss of timo being involved in any attempt to maintain a trading connection. But for tho advantages of our river front, we would be utterly gone, and all this becauso of tho suicidal policy of its own people. It seems amazing that a few officious men should havo tho power to bring BUch a blight upon our city.

To Indicate tho value of time as estimatod by the morchants, thoy often asked us in railroad times, 'Why don't you establish a store at tho foot of Atlantio avenuo 7' I may say that we havo eudurod bocauso as citizsns'aud owners of real eslato here, we have hoped yoar by year, for a chango for tho hotter. Wo havo a pride as citizons of Brooklyn in desiring to soo its prosperity, and wo havo remained hero that we might oontribute all we can to socuro that end." OHA3. S. HIQQINS 4 OO. Mr.

Chos. S. Illggins, soap manufacturer, at Hamil ton stroet and Park avenue, was too young, at the timo sleam was slaughtered by its adversariOB, to remembor tho dotatls of tho tragedy with minutcnoss. "But," said he, "although I was not in the firm then, I reool lect that it was a daily occurrence for morohanta to come from various parts ot tho Island for soap. My business has been largoly with firms on Atlantio avenuo, with Valentino, Bergen and tho wholesalo grocery trado generally.

1 have had much conversation with them in regard to tho loss of business, for years, on aacount of ite being transferred to Now York houses. My business calls mo to Atlantic avenue once or twice a weok, and I froquoutly make observations to tho merchants as to the oontlnueil flatness and dullness which mark cvory enterpriso oidng tho lino oi that avenuo. My experience among the Atlantic avenuo tradesmen justifies mo In saying that nearly all of them would rejoioo to boo tho restoration of steam, IToieonbuttlo Wiess, of AUantlo avenuo, used to sell In tho Long Island trade fifty boxes of Boap where they lo not sell two now. My cxperieuoe teaches mo this that when stoam wont from Atlantic avenuo an injury was inflicted upon the wholo oity and upon Atlautie avenuo particularly, and when it comos back it will be a benefit. I am wiHlng to eubsoribo something to help in bringing it back.

I bollore that Bteam would add fifty per cout. to tho value of property on Atlantic avo nuo, abovo Flatbush avenue." j. o. a t. t.

wmTNEY. Mr. J. C. Whitney, of tho firm of J.

C. At D. D. Whit ney, wholesale grocers, near Fulton Ferry, said tlioy were opposed to the removal of etesm from Brooklyn originally. That step had greatly injured the business interests of tho aty, by sending trado over from Long Island to New York.

Proper steam facilities for getting in and out of tho city would benefit it more exten sively than oould be calculated. It would cortafuly ben cflt thoir business. The arrival of tho railroad trains at Hunter's Point gave business which naturally bolouged Brooklyn, to New York. Tho morchants coming that way, and it iB tho only way toft for thorn to como, tn order to come to Brooklyn, would have to cross to James slip and then ono of our ferries, in order to do business hero. Timo will not pormit thorn to do this, and there is the additional fact, that the opportunities for trade offered in New York aro too numerous and convenient to bo ignored, once the Long Island men encounter them.

They frequently suffer loss of busi ness for these reasons, although many of their old customers adhere to them for the sako of continuing old connections. Tho Whitncys wore opposed, with otherB, at the tiiao, to tho removal of steam from Atlantic avenue. AN ATLANTIC AVENUE DRY GOODS HOUSE. A member of a well known dry goods firm on Atlantic avenue, who requosted that his namo should not bo published, informed the Eaqu. reporter that whilo he did not wieh to be on record as opposed to steam, be believed that if steam transit was established on the avonue anywhere it would Injuro tho businoss of tho streot.

Their customers were largely from tho locality known aa tho Hill, who spend their money freely, and tho bringing of people into tho city from Long Island would not help their business, as they would not Bpeud money enough, anrto much timo would Do expended upon them in attending to their email wants. If steam was to bo permitted there tho people who camo down town in thiir carriagos would be coin nolled to take roundabout roads to get to tho lower part of Atlantic avenue, If thoy did not, indeod.go olscwhero to trade. It would be impossiblo to drive horses In safety it Bteam was on tho avenuo. Such custom as was to bo derived from tho country on Long iBland wab not worth the effort put forth to restore Bteam, Even the horse oars on the avenue brought very few customers of the kind that it would pay to way upon. People with Utile monoy wasted moro time lu determining upon their purchases than thoso who could afford to spend largely.

THE ATLANTIO MAllB.lii. Tho Atlantic Market, whioh stands on tho southeast corner of Atlantio and Columbia atreets, was erected in 1852, when steam communication existed between South Ferry and the Island. It was intended to enlarge tho market as the necessity presented itself, bnt ever since steam was drivon off it has beon useless for the purposes of a general market. At the timo of the erection, the people of tho city caunted largely upon having the produota of the farms on Long Island brought fresh to their doors every day, and there was considerable rejoicing when it waa completed and opened. Such was the prospect indulged at the time it was oxpocted the market would bo extended until it should occupy the whole block.

HOTELS CLOSED UP. Persons who residod in toooklyn whon tha railroad ears delivered thoir passengera at South Ferry may re member that there wore several hotels in tha vicinity of the terminus, all whlcsh were well patronized, the Wavorly Hotel occupied four or five buildings, begin ning on the northwest corner of Willow street ana Atlantic avonue. It was patronized by a. respectable class of guosU stopping aver night in the city. Tho Long Island Hotoi, nepi Dy rar.

iicwieic, was lower down on tho same Bido of the Btreet, and waa mostly frequented by farmers from the Island. Bcmsen's Hotel waa at tin corner of Furinan Btrest, and thore an excellent business waa done. The death; knell of steam was followed by the almost immediate closing of these hotels. The gueats. at all these places were in the habit of doing considerablo trade In tho city, on AUantlo avonuo and elsewhere, but they ceased to come the moment the locomotive waa aent to Hunter' Point.

The persona, who wore hunting down steam hired wagons with large pictorial posters hung on their Bides, and thesa wore driven through all the streets of the city for the purpose of organizing publio opinion against the railroad. The poatara contained virasana rn The Moulton Beecher Malicious Prosecution Case. Ongrht the Mntnal Friend' Final Inrest ment in the Receding Scandal be Encour aired or Smashed I An Argument Upon the Question Whether a Nolle Prosequi Is Snch a Determination of a Snit as Warrants an Action for Damages or Not. Mr. Thomas O.

Shearman Maintains the Negative General Roger A. Pryor the AfflrmatlTe Mr. Austin Abbott and General B. F. Butler in Rcserre on the Matter Scenes, Incidents, Audience and Arguments To day.

The publio mind pretends to be sick and tired of the scandal and all Its appurtenances, but every phase of It Is watched with curiosity and Interest. It will be remembered that about the beginning of the year, Francis D. Monlton brought a auit against Honry Ward Boeoher for 150,000 for alleged malicious prosecution, the ground for the suit being tho indictment found against Houlton by the Grand Jury in tho Fall of 1874, for libel. He gave bonds In $3,000, but after waiting a year, a nollt proiequi wu entered in the case, after Moulton had requested that It might bo brought to trial. The correspondence which passod between him and District Attorney Brltton will be re memberod.

Aftor tho indictment was nolled, the suit was brought by Moulton, through hia attorney, Gen. A. Pryor. Messrs. Shearman Sterling, attorneys for Mr.

Bceoher, demurred to the eomplaint, and tho argument thereon was set down for the fourth Monday of February to day. The suit waa brought in the Supreme Court and the argument was bofore Mr. Justice Dykman, sitting in Speoial Term. The court room was packed this morning with a throng of lawyers, officials and others. It was understood that General Benjamin F.

Butler would appear for Mr. Moulton and that had the cduct, as much, as anything elso, in drawing the orowd together. Tho counsel wero in attendance promptly at ten o'clock. Tho ex Congressman and ex Commandor of Now Orleans waa accompanied by Mr. Moulton and Gen.

Roger A. Pryor, Mr. Beochor's Iawyors wero Mr. Shearman, Mr. Hill and Mr.

Austin Abbott. Tho gentlemen took their seats and waited for the call of tho calondar. The case etood No. 8 on tho calondar, and when reaohed counsol on both sides announced "BEADT." But three or four of tho cases preceding it were also ready aud had to be disposed of first. Meanwhile the call of tho calendar proceeded and tho crowd thickened.

Nearly all the prominent membors the Brooklyn Bar wero present, ecmo with casos to attend to and others drawn to the placo by eunooily and tha encctatlon that the argument en the demurrer would proscnt some foaturers of unusual lnterost, and judging by appearance thoy wore not to bo dlsapointed. Boforo Mr. Beccbor's counsel was was a portentous array of law books, whoso removal muBt havo left a wido gap upon tho shelves of the law library, and Mr. Abbott was busily engaged In turning them, finding out and marking cases which were to be used for authorities on the argument. Tho call of tho calendar completed, the hearing of the cases that wore roady, and whioh preoedod tho Moulton suit, was disposed of.

Theao occupied over an hour, and it was ono o'clock before tho argument on the scandal oaso was opened. Meanwhile the crowd waited and talked in whispers, and grew impatient at tho length of the causes whioh preceded the hearing of the chief cause of the day. Meanwhile the great counselor, whose coming had caused so much interest, sat and ohowed paper, and looked at the Court, and looked at his watoh from time to time, ovidontly growing very weary of the enforced waiting. Tho crowd reminded one of the earlier argu ments of tho great scandal case, when tho lawyers were fighting tho preliminaries in tho City Court. Shortly after twelve o'clock the argument on an as sessment case was completed, and the Moulton Beecher case was called.

The crowd had still further increased, and a dense fringo of lawyers and others filled tho room and encroached upon the bench. The argument opened with a discussion as to the time to be oonsumed with the same. It waa arranged that two Iaw yors Bhould bo hoard on eaoh sldo. Mr. Shearman wanted two hours for each side, but tho Court limited tho time to half nost three.

Mr. Shearman's announcement that no case of this character had been brought for 200 years, croated something of a sensation. General Butler retorted that perhaps there had not been such an outrage for 300 years, whereat the world laughed and tho argument prooeedod. Mr. Shearman making tho opening specoh, so far as could be gathered from tho first portion of tho argument, It appears that the ground for the domnrrer la tn fact, that a noftc prosequi has beon onlorod, and that acts as a bar to all further action upon tho cause.

Tho entire grouud of tho demurrer will bo found de veloped iu the argument given bolow The Procoedlntra. At ton minutes past twelve tho oaso was called and both sidos answered ready. Mr. Shearman askod if the Court would allow two counsel on eaoh sldo to speak. Judge Dykman replied that ha would allow thorn half an hour each.

Mr. Shearman said that this waa a now case. His Honor would find that there was no precedont for a case like this within tho psst two hundred years. Judsa Dyicman asked now long a time it would take to arguo. Mr.

snoarmon anBweroa mat it wonia taso two Hours on his sido. Judge Dykman said he would give the turtles till half past threo o'clock. Mr. Shoorman thon began his argument. Ho eald in opening This is not an action favored by the Court.

As to that, tho decisions are uniform. There is alroady far too much trouble in inducing private citizons to undertake the burden of public prosecutor prosecutions wbich aro not for the benefit of tho person, and which by law are not nllowod to bo used tor hia benoflt and in his interest, but solely on publio ground and for the publio good. Now, whatever the oase may havo bocn two hundred years ago, at tho present day tho great difficulty which Justico has to encounter in this ooun try ia tho difficulty of inducing cilizonB to come forward and prosecuto public offonders, or Inducing them to complain of outrages my learned friend (Mr. Butler) says outraRos againBt publio Justice and morality. Citizons, it is found, aro unwilling to do their that respect, even when they have no fear of ultlinato consequences.

How much more therefore should the Courts hoaltatc as they always have hesitatod, how much more ehould thuy bo reluctant, a thoy alwayB havo been reluctant, to put an additional penalty upon the citizon boaide the ox ponHo, the sacrifice of time and tho annoyance which ho must undergo in the mere courso of the prosecution, putting tho additional burden upon Dim of the risk of another suit coming forward, putting him to a double trial to test tho question of his good faith in that pro Becutlon. That under circumstances it shall bo done, that whoro a jury have clearly aoquittod the aecusad person, the prosecutor shall on his sldo bo bound to phow that ho was justillod in his courso, at least that ho should bo bound to Bhow that affirmatively after tho accused has shown it in the action. Negatively, I agree; but this leads us to the question whether there ought not to be as tnattor of prinofplo some mode of terminating a proseoution which tho District Attorney does not think it proper for tho interests of tho publio to continue; Borne mode by which ho can do that without subjecting the prosecutor, or the complainant, as he should be more properly callod in this oomplalnt, for hero there Is no privato prosecutor, by whfeh tho complainant should be relieved of the burdeu of an action Tor malicious prosecution. That principle has been adopted with regard to the private Interests, aud tho courts havo staled that whero a citizen brings an action for hlB own privato Intorest and for hia own bono fit getB an order of arrest, which ordor of arrest is ultimately discharged by the court, he must show that he acted in good faith. How much moro should that principle apply to criminal proaeoutions which are not brought for a privato interest, which cannot bo brought by any citizen without at ouoe the co operation ot tho DiBtriot Attorney and tho Grand Jury, and iu which he can obtain no beuelit, whoro no part of tho lino comes to him, and for which ho can havo no bad motlvo except one of rovengo, and a desiro to abuse poraonB.

Now, against that, is not tho accused porson Biimciontly guarded, supposing it is possiblo for the law to provide such a guard, is not the accused porson sufficiently guarded first, by the liis trict Attorney, who is a public officer and who adviacs a Gland Jury whether or not thoy shall find a bill second, by tho Grand Jury, which is a public body and is inlluouced by no private motive and no privato malice; and, thirdly, in this Stato by the additional protection of tuo court, without which no district attorney can enter a jio( jiraeegui. Now, thon, if thero Is to De any metnou by wnicn tne prosecution cau be terminated and yot no action for malicious prosecution allowed, can thero be any belter method devised by the wit of man than tho entering of a nolle proveqiii 7 Your Honor will boo it cannot be done in tho first place, without tho consent of the District Attornoy; in the soooud place, in this State for all practical purposes it cannot be done also without tho consent of the Court, which must bo satisfied beforo the District Attorney can enter a nolle proscgui that he acta for good reasons and to advance public ends. My learned friend on the other sido Intimates that thero ia au action founded upon a nole proxequi wilhin two years. His search is very diligent. I cannot claim so gront learning In that respect as ho can.

I can onlv Bay, after such efforts as we have made, wo havo been able to tint! no such iustance in tho reports of this State during the whole history of lis jurisprudence. Mr. Pryor I didn't Bay this State. Mr. Shearman What I claim is there is no case reported iu the courts of Englaud, for tho past two hundred years, or in this Stale, in which an notion for malicious prosocution has bocn so much as brought into Court upon the entry of a nolle prosequi, or an indictment by a Grand Jury; that is what I mean.

Now, moreover, if your Honor please, it is not because thero has not been abundant occasions of that kind. It has happened within my own recollection, that twenty years ago. James T. Bracly and Edward Santley, who in their lifetime were considered, if not quilo at tho head, vory nearly at the head of the bar of this Slate, and oepeoially in criminal it. aotico.

I remember they were engaged trt a suit jj a proceeding, rather whoro tho prosecution was founded on an indictment the defendant being unable to prjvo a competent trial, tbo District Attorney, againBt his will, entered a nolle prosequi, tucan two learned ccntiomou with the concurrence of their partners and associates advised their client that It WaS Utterly USeiOSS lur Uliu iu luiuiuwiu; for malicious prosecution under these circumstances and the very reason they protested against it waa that It would bo useless. Again, your Honor, it is said that In case of an inno oent accuaod person under auch oiroumstanoes, it is hard that ho should bo indicted, that the proseoution should be carried on for some time and yet upon a nof prosequi he Bhould bo discharged without a remedy. How muoh harder it is in the case of an innocent person one who la convioted of perjury and is sent to prison for five, ton or fifteen years, and otter the lapse of years he Is able to prove his Innocence, how much ctrongor ia the reason why ho should have a remedy, and yet thero is nothing better settlod in law that ho hos no such relief, and that It Is impossible for him to maintain his action under such circumstances. Mr. Shearman thon prooeedod to arguo the following points: 1.

It has been utterod by innumerable adjudications that the complaint In an action for malicious prosecution must distinctly show that the original proseoution was finally determined In favor of tho plaintiff before the commencomomt of the action. ThiB rule la enforced with the utmost atringoncy in actions founded upon criminal prosecutions. 2. Even after judgment in the original prosecution an appeal therefrom prevents an action for malicious prosecution. 3.

A distinction is made between civil and criminal pro ecutions which does not affect the general principle, but arisos from the moro numerous modes of terminating civil coses. (Upon this point authorities were quoted at longth.) SECOND REASON FOB DEMTTBBEB. The complaint must show ham tho original prosecution terminated, and it must state that fact in such a msnner as to raise some presumption that the action was without foundstlon. This can only be done by alleging an acquittal or something In law which Is equivalent thereto. The rule Is laid down either litesilly or in substance in many cases.

It has been repeatedly helS that the tomnlalnt must show In what manner the action terminated, and that a bare allegation of its having been terminated is not sufficient. Also, mat tne terminaaou inum nut" as to furnish prima facie evidence that the action waa without foundation. Therefore, it has been held insufficient to allege that the plaintiff was discharged. TBIBD REASON FOB DEUUKREB. Any atatementa In the oomplalnt assorting in general language that tha nriglna) nroeeoutton waa ended or de i I BONDAT ETEtilNO, FEBRUARY 88, 1878.

TELEGRAMS. JUcwh from Over the Sea and Across the Land. Escape of Prisoners Don Carlos France. Bnbcock and Luckoy Temporarily on Duty Afrain Attempted Murder and Sulclde Trnglc Fate of an Enlarg od Lunatic. Boston, February 28.

A female inmate ot tbe Ineans Asylum at Taunton, while out durmg yesterday, attempted to escape across the rivor on tho Ice, but broke through and wu drowned in the presenco of many spectators, Spain. Loudon, February 28. A special despatch to the Evening Standard datod St, Jean do Luzat, 3 o'clock this aftornoon lays, Don Carlos has crossed the frontier and taken refuge in France. Attempted murder and Suicide WKsioHKSTan, February 28. On 8aturday morning, a man named Storllng, living In East Whitclaml, phot and seriously wounded his wife, and imiuc.Kately afterward attempted suicide.

Both are atli! alive, but the wife's injuries are dangerous. Washington Item. Wasoh oxoh, D. February 59. General Babcock and Mr.

Lovi P. Luckoy this morning resumed tho discharge of their respective duties at the Eiecutlvo ManBton, as usual. General Babcock ays that prior to his return liore yesterday morning ho gave no Intimation to uuyoue Bto his futuro course and had utterod no word to justify tho various contradictory reports and speculations iu tho newspapers. air. KTr, having returned to tho city, occupies the Speaker's chair to day.

Mr. Holmon, of Indiana, presonted a memorial, signed by 1,910 Union soldiers of Indiana, asking for an equalizatiou of buuttes. Mr. Cox, of New York, presented a memorial of tho Now York Chamber of Commerce relative to national Snancas, Escape of Prisoners. Newark, N.

February 03. Nine prisonern, Including several burglars awaiting trial at the Court House, escaped from the prisoners' room to day. They all got away but one man, named. Cab.111, a desperate criminal. I'rnnce, Pabis, February 28.

il. Oasimlr Perlcr, at ths meeting of the Left Centre, Btatcd that tho reason he had not yet nccepted tho ministry of the Interior, was because he thought that all who bad associated thomsolvcu with tho policy of M. IiulTot should leavo the Cabinet, which should be almost entirely rtimodcllod. He roferrod particularly to Messrs. Montalgnao do Chauvance and Wallon.

Ho said, howover, that M. Dufauro had not finally scttlod with President MacMatiou what courso would be taken on the mooting of the Chambers. The CarlUt War. Bayonne, February 23. Don Carlos, with about 2,000 mon, is now at Howes vaux, very near the French border.

It la believed ho will enter France to day. Tho chiof members of the Carlist Provisional Councils havo taken leave of hlui and sought rof ugo on Rrencli territory. Iflarfori Released. Londok, Fobruary 29. The rim ci Malrid letter saya that Charlea Marforl, cx Queou Isabella's Minister for tho Colonies, who has besn imprisoned for some time at Cadis, has recontly been released.

Weather Probabilities. Wabiumotoh, D. February 38. For the lower lakes, New York and northern Now Kngland, northoast backing to warmer north west over the lower lakes, falling followed by rising barometer, colder, cloudy and cloaring weather. MCOBD OF TUB TIIEBilOMKTBB.

The following is tho ricori of the thermometar, aa kept at tho Brooklyn Daily Facj.k ofilco 2 A. 30 I 10 A. 31 A. 3a 11 SI 6 A. SO 2 1'.

33 8 A. 31 3 P. 83 Average temperature to day 21 temperature sr.mu dato lwt rear WILLIAM T. NOBR1S' OBSEQUIES. Solemn icequiem JIau Interment at Holy Cron Cemetery.

The funeral of Willitim T. Norrin, tho son of Commissioner Norris, took place thli forenoon. About 10 A. 31. tli i casket was borne from his late rcsldcnco to the hcarBc.

Tho lid was profuacly decorated with flowers and evergreens, worked into forma of artiKtlo and graceful crosses, crowus and wreaths. A massive column of flowers, broken off, to typify the premature demise ol tho deceased, a largo cross and two dove with extended wings and heads looking heavenward. Tho funcia) procesfion 'moved down Jay street to tho Itoman Catholic Cathedral. It was already crowded with frlonds and sympathizers of tho family. Among others who were noticol lu tho aislcB of tho church were ei Itogister McLaughlin, Mrs.

McLaughlin, Miss Mary McLaughlin, County Auditor Fitzgerald, Mr. Shannon, Vice President of tho Itoman Catholic Orphan Asylum Society Mr, Frank Curran, Charities Com rnisfuoucrt' Hogau, Midas, Itabcr and Storma, ox Com miBsioner Cunmngham, Mr. Michaels, General Inspectoral Supplies for tho Commissioners of Charities Mr. James Murtha, Mr. Martin Fullerton, Mr.

Corboy, aud other Charities employes. The casket was borne up tho centre alslo and placed on funeral chairs at the foot of tho sanctuary. The front Boats on tho Oospol sldo wore resorvod lor and occupied by tho notr relatives. Thero was no delay in tho Bcrvice. The high 'altar was boconitngly decorated for the occasion.

Tho tabernacle and candelabra were draped with mourning cloth. A brilliant Hood of light radicated around tho altar and through the sanctuary. The moment the relatives had taken their Beats the procession of altar boy, acholytcs Dd vested minister moved from tho socriaty, and tho solemn requiem mass woa bogun, Itov. Fathor O'llaro officiating as prio.it, llcv. Father Murray, aa.

deacon, and Rev, Father Dunne, aa subdoacon. The singing of tho choir was Prior to tha final absolution, the celebrant, Rov. Fatbor O'Hare, having arrayed himBelf iu tho black enpe, Btcppcd iorwasd to tho csntro ingress from the body of tho church to the Bauctuary, and standing within a fow feet of the caskot, paid a very beautiful aud just tribute to tho virtues of the deceased, lie rpoke of his early training in too schools of the Brothers, whoro ho obtained a knowledge of those educational branohos, and Imbibed thoao principles of honesty, charity and faith, which ouabl ed him to occupy a prominent position in one of tha leading mercantile houses of New York, and won for him tho esteem aml'affcction of his relatives and friends. Ho had a most ardent love for his parents, a groat regard for tho teachings of his church; burning charity which bridled his tongue against slander and ondearod him to all who woro fortunate to come within tho circlo of hia acquaintance. Ho novor allowed himself to be drawn into bad associatlonB which he well know corrupted good manners, but chuso his company with a viow to hia mental aud moral improvement In a fow words, ho was an obedient eon, an honost and iod fearing young man.

It was very Bad indeed to mourn IiIb early death, but knowing his virtues and exemplary life they should be consoled with tho thought that Oort had taken him to Himself thus early ia hia manhood in order that nialico might not chango tho tenor of his virtuous life, and rob him of thoso over lasting treasures which God has laid up for those who love and servo Him. The romaluB wero interred at Holy Cross Ccnistery. a mm. The threo Biory brick dwelling, No. 220 South Fourth ptroct, owned and occupied by Mrs.

Hannlford, caught Are this morning at ouo o'clook, tho llaiui being principally confluod to tho colling. It originated between tho ceiling and roof. It was extinguished promptly by the engines, but not before tho int rior was nearly destroyed. The damage to the building is I'stiuntcd at while that dona to the furniture will probably exeeod $1,000, on which there no insurance. The house was inBurod in tho City Company for 1,000.

UK, FRANCIS MURPHY'S SKCOJID LECTOR E. Mr. Francis Murphy, the grout Tempormice advocate, will deliver his Fecoml lecture at the Simpson M. CUuieh to morrow evening, tho 29th Just. Tho lorturo will be delivered under (he auspices of tho Icmperauce Brotherhood of Christian Churches, A SHODDY FACTORY 0." FIRE.

At ton o'clock lust Saturday night, the two story framo building, situate) on tho corner of North Ninth and Fifth streets, owned and occupied by Rawes tcr Brothor, as a shoddy factory, waa discovered to be on fire. Chief Engineer Smith waa notified and the engines arrived immediately alter, but not before tho flamos hail gained considerable headway. After an hour's hard work the flro was extinguished. The damage to tho building, aa near as could be ascertained, waa only $500, but the stock suffered to the extont of $2,000. Aa Mr.

Rawester resides in New York, ho was not made aware of his loss until yesterday. Ho did not state whether he had any insurance ou the building or Btock1 Before the arrival of the engines, Moses Connors, itho night attempting to extinguish the names, got badly burned about tho bauds and faeo. The dwelling ot Hugh Hackett, adjoining tho factory waa ellghtly damagod. SALOO.1 AFFRAY. As tho result of a drinking bout, iu which John II Olters and Joseph Rafferty were engaged yca terday, in a saloon oorner of Oakland avenuo and Green street, the mon named from disputing fcU to fighting.

Tho combat was summarily ondod by the exclamation of Otters to the effeot that he waa stabbed. In the iucloe B.fferly bad drawn hlB pocket knlfo and plunged the largo blado into hia opponent's side, Inflicting a wound that Dr. Morrlssey pronounced not Borious. Ilafferty waa arrested and has been held byjiutlco Elliott to await the result. MILITARY FUNERAL.

The members of Company Thirty seoond Regiment, yesterday paid 8 'r'o' of respect to a leocased comrado, by Dmo LosARoi, who waa Interred at the Lutheran Oometery with military honor. Frank's band attended the fuaeral cortego to the city limits, performing a dirge as tho prooasslon matched Horn the armory and thenoe elotur Baauwiok avenue. Bctne of the poperty, ana that a house and lot had been sold therefor, and that Mr. Dis brow has made aiway with $15,000 of personalty to counsel who, he pretended, had been omployed, to wit To A. J.

Vanderpool, to Jacob llardon burgh, to James Fiynn, $3,000, and $4,000 additional, and that Mr. Disbrow had ontered into an agreement with Mr. Fiynn by which the latter waa to receive one half of whatever the contestants of tho will feoovored'. Jus tics Gilbert reserved his decision. For tho motion and against tho will, A.

B. Capwell against the motion, E. F. Brown. BURGLARY.

Prooeeds of a Jersey Oity Eobbery Traced to Brooklyn, Tho Alletrod IteMsiyers Arraigned Beforo Justice Semler Au Audacious Gang's Cool Operation. Jnmos Kraft and Issao Davis, the latter atepson of tho former, were arreBtod yosterday at thoir residenoe on Kosciusko street, and were arraigned before Justice Somler this morning on a oharge of receiving stolon goods. Complaint in tho matter was preferred on Saturday by Offloer McKaig.of Jersey City under circumstances that led him to enspoct that tha proceeds of a burglary conimittod there were hidden on tho premises of tho acouaod. Tho circumstances are as foUows: Early on the morning of the Utth the dry goods warehouse of Messrs. T.

O. Brown A of Jersey City, was entered by burglars, who stolo thero from dry goods to tho value of Tho thlovos ontered the establishment by a rear window and effected their cscapo In such a quiet manner as left but a slight clue to the method by whioh tho robbery was accomplished. Careful Investigation of the promises, however, and of those adjoining, convinced Captain McEaig that tho robbers had first entered the warehouse next door, and from there conductod thoir operations. Inquiry of the owners of this building led to the information that its third door had been rented a few days boforo tho robbery by persons who said they wore about to use it as a paper box factory. Several men had moved into It and had taken a quantity of light material with them, but during tho few days of thoir occupancy of the plaoo there wore no indications of a legitimate business being conducted by them.

After the robbery none of them visited tho house, and this fact of itself fliod suspicion upon them. A description el them was obtained, and on Friday last three mou, who bad beou "cruiBing" around Jersey City in a coach, were arret tod, and one of them proved to bo tho party who hired tha premises. From him tho loeal pollco suocoeuod in obtaining somo Information of the rohbery, and among other facta the intelligence, that the goodB of Messrs. Brown Co. had beon oar riod away from Jersey City in a coach, bearlug tho metropolltlan liconse No.

533. After looming this faot, Captain McKaig proceeded to Now York, and on a warrant thora obtained, bo arrested the driver of the vehicle and by some means got him to Jersey. When ho arrived he waa arraigned before a polios magistrate, to whom he stated that he had been hired In Now York lo carry two men to Jersey City and that when they reached there they took several bundles into the coach and afterward drove to Brooklyn. Uo indicated to Captain MoKalg tho looallty In this city to which thoy had driven with so much priclsion, that tho latter after coming here and conferring 'with Acting Captain Dunn, of the Ninth hud Product, had littlo difficulty in determining that tho house oocupied by Kraft, in Kosluscko street, was the same at whioh tho gooda had been received. Acting Captain Dunn detailed to assist Captain McEaig, Sergeant Buekhola and Dotective Ward, of hia command, and under authority of a warrant issued by Justice Somlor these offloers yesterday scarchod Kraft's houso.

Thoy found therein two valuable shawls, Identified aa a part of tbe proporty stolen from Messrs. Brown but were unablo to discover any other of tho missing artlolos. Kraft, being found in the house, was at onco arrested, aud Davis, his stop son, arriving shortly after, waa also takon Into custody. Thoy woro held upon a charge of receiving stolen goods, and permission was givon Captain McKalg to tako Kraft over to Jersoy City, where, when placed among a party of eight or nine men, ho was Identified by the driver of tho coach as ouo of tho parties he had driven to Brooklyn, and at whose house tho goods had boon left. From Davis, who appearB to have weakened under tho force of tho ovidenco against tham, it was meau timo aBcertainod that tho greator portion of tbo goods ha admitted having brought to (ho house, were roconveyed to premieea in Orchard Btreet, Now York.

A search of tho place Indicated, however, has so far failed to discover thorn, but as othor arrests wero mado in New York this morning, it is probable that they will be recovered beforo long. Ex Judgo S. D. Morris appeared to day for the defence of Kraft aud Davin. Thoy pleaded not guilty to the charge agulust tliom, aud the examination was adjourned until next Wednesday.

A nappy I'raine of Miutl, There iu 110 ooinplnceney like that of II16 man who burns Devox'h Hhilliant Oil whon ho sees his nelfthbor's bill. California Water For tlio Toilet, Nursery aud Dath. Fragrant and TOlrenliinR. A diUglitlul substltuta for Oologno or Bay Hum. Large buttloa 75 conts.

Sold by Druj Ulata. nUII.LIANT EVOE'S BRILLIANT OIL IS ESPECIALLY ADAPTED FOR USE IN THB PLACE OF OAS, 1JK1NO FllEB FROM BMKLL, OLBAS, GIVING A MOST BRILLIANT LIGHT, AND REQUIRING NO ATTENTION AFTKlt 1IK1NC1 LIGHTED. THE BRILLIANT DOES NOT SMOKIC NOR SMELL, NOR CRUST THIS WICK. NO RKASONAULK EXPENSE BEING SPARED IN ITS MANUFACTURE. IT IS SAFE BEYOND ALL CHANCE, AND THB FINEST ILLUMINATOR THAT OAN B1C MADE.

BE SURE TO GET THE GENUINE, WITH THE WOBD DEVOE" ON THB CAPSULE. THK DEVOE MANUFACTURING OOMPANK PROPRIETORS, NEW YORK. GEO. POOLK 4 SONS, AGENTS, 70 and 73 FULTON ST. BROOKLYT.

AirHJ.SlSIHIONiXS. IUOOKLYN THEATRE. Lessor and Managers MoaarB. Shook A Palmer THIS AND HVKRY AND ON SAT1J11DAY, at'J 1'. M.

Brilliant rovival ol Mrs. Harriot lloocliur Stowe'a Great Work, UNCLR TOM'S CABIN. Producod with Nuw iSrminry. OriKi'ial Music, and 11 Stronu Cat and in Mils. 11.

O. HllWAUD Will appo.ir in lirr creation of Tho J.ouWnuA loilles. Pl.nilillmi Itofralna. Nesrt. Sulilto Diineefl, v.

illi whi. li tliu I'ltvy ulxiuuda Will reinl rol liy SALVIN'S OUHIINAI, JL'ltlLUK S1N11K1WJ. Charaoturs as follows: Tnpav I Im cliild thai never was O. C. Air lientloman Mr.

O. llnwnrd Evit, rlii 1'1'Wor ul tliu South Liltlo Oracle Wntlo llen'rL'H Hr.rrbi, the fuiritlvo alavo Mr. Ariinlt Uncle Tom, a faltiilulx'avt) Mr. Itlcliard llraljr I'liiueas r. It Knnlurklau Tlleo.

llnnnlloii 1. 1 1 cnvn Mr. .1. 11. MullltfUll iiumntio'i Out'o, a live Yankee Mr.

M. O. Dalny Mr. Wjlaun Deacon Perry .1 r.ks, a la wyor Mr. Mheiljr, an Insclvont planter.

iSkeejrs, an auction eir italej, a elovo trader Man 'IViUl Laker, a alavo liuntor Georiio Sbolliy 1 Aunt Ophelia Mr. .1. W. Thnn Mr. 11.

11. Pliiliua Mr. Klnnl l.nir M. 1,. II.

Everett W. ltalatoa Mr. .1. Lewis 1r. 1,.

C'Ainp r. J. Miiton Mr. A. Andrews Mrs.

Farxen YhVi'iiiVltivn Wife 'anil mothorl Miaa M. Harrison Annie vfauu Caasy, tho (error orLei roM Mlas Blanohe Oroy Chios Uncln Toni'a faithtitl wllo Mils Nellie Young Ernellnu, a tiuodroou ala Mlsu Aabury Aunt Sarah Mies Jonoa Aunt Suo Mlaa Mary Pnnly AdnlDh Mr. W. A. Smith Kninbo Adam Aabury jumbo Mr.

J. Broivnley pt Mr. n. Ipyaau Sluia F. B.

Bowman Munruo Jackaon u. Harry, aohlld 1 1' Willie rui uijAit rtujiiia. DHY UODDS, c. A. D.

MJ.TTHEWS SONS, NO. 338 FULTON ST. HAVE JUST RliUKlVKD 20,000 YARDS OB II A MM MM BBB RRR Of 11 AA 11 llllllli A A 111)11 RHR Ii 11 II AAA MM 11 It It II II 11 A A BBB UU EDGINGS AND INSERTIONS. ALSO, LADIES' II UNN NDDD KEERRR WERE A RRR UNN ND DK It KWaaWH AA It UNNNI) DEE RRR VV VV KK A A If UK UN NND II II AAAlt UU NNDDDEEER KhA Alt MADE ON WHEELER AND WILSON'S SEWINI. MACHINE.

ALL GOODS AT MulIiT lWUOED PRICES. floKY CUlMrvliVS. fcj MOKY eiUMNKYS CUltUD, OK NO channi The PATENT CHIMNEY TOP PUT Ul' TRIAL FOR 30 DAYS. Nuvorfaili lo euro had drolls ardowu draita WHERE ALL OTHERS FAIL. J.

U. WUlfWSY.SU fulton. atu Ooao Oostper Por Day. Weyk. 10 b.W lit 4.49 60 3J0 4X6 r.7 1 7 tuo 119 2 7 2.70 61S 7 .60 50 3.50 50 1M 60 3.50 2 6 8 3.00 50 3.50 3.00 42 6 7 3.00 616 7 3.60 (H2 4.50 4S3 7.

3.25 516 7 3.6J 612 7 4.1(1 5(1 3.60 713 7 6.00 35 6 7 5.60 ...88 CIS 671 7 4.00 65 4.65 60 5 7 4.25 53 4 3.75 CO 4.2J 6 4.55 61S 8.80 61 7 4.80 463 7. Connty. Cattaraugus Albany Allotliany ColiiinMn Clicninao Dulavraie Krlo Greone (ieneflee Herkimor Lewis MonrK) Aladisuu Niagara Odweiro Onoudago Putnam Qaoens KonsBolaor Klahmoud Saratoga SchaectAdy Suffolk fc Schuyler Tioga Westchester Washington, Warren Yayne Yatea Further than this Sheriff Daggott claimed that tho coat of bonding prisoners in tho l'enitentiirj was from 44 to, 45 coats per day, and tho price paw tne ouerm was, much Ilea than that paid by other counties for boarding their prisonors in the Penitentiary; while tbo United Stotos Government paid a uniform rate of 60 cents per day. Several questions wero put tho Sheriff by the Committee as to the emoluments of his offloo, final action being taken in tho appointment oi Supervisors Morii). and Harmon and Supervisors van cott ana uuont sub oommittees to Inquire into the relative cost and duality of tho food furniihod tho Jail in 1805, as com pared with that now supplied, and also tho labor required thon and now, and Ita comparative oxnenee.

On Saturdy afternoon, John Hahn, a workman in Neidig's furnituro factory, corner ot Devoe and Leonard street, who lives at No. 18 North Henry Btroet, while lowering Borne goods from tho fourth floor missed his footing and was precipitated to tho ground floor. Beajdo having "levcral ribs brokon and being bruised about the body, ho sustained internal injuries that tll probably oventuato In his death, Huhn ii being iae ited. at the Fourth street Hospital,.