davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-17

Superior Court.

before Judge Oekloy
Der. l6-Castsisnois Us McKTniey.-This case was
given to the jury yesterday morning. and amer about
two hours delberat0n they rendered verdict for the
Henry Cotheai Us. John Broper.-Ths was an action
TO five penalties Of $3.50 EACH under ths nrst
following is the section :" The book books Of any
incorporated company In this State In which
tered in books Containing the name: Of he stocrhodsr
in any such company, shall at all reasonable times dur
o. OF
for 80 days previous to any election 81 and
mand OF stockhoder Aforesaid refuse neglect
aforesaid he shall for every such offence forfeit the
The plaintiff is a stsckholder Of the East River Insu-
Company, and the defendant President In May
to the bylaws of the company, and in April previous
Mr.. A. Mr.. II. Cotheal the plaintiff sons, called Ave
entered and to take lists transcripts
of the books The books shown TO them upon each
occasion, and they were allowed to examine them but
by the defendant and the books closed The facts were
all admitted the defence therefore altogether tech
wit First does the section Of the statute above quoted
authorize the stockholders to any more than mere Pc
sci and examination of the books and not to take lists
transcripts and secondly that only one penalty could
be recovered.
The defe ndants counsel insisted that the Legislature
only intended that the stockholders should have but
naked right to inspect the books that IL they in
tended the stockholders should have liberty to make
the construction commanded for BY the plain
tfs counsel were given to the sctt would be productive
of great to the officers Of the bank o. every
stockhoder might come every day during the thirty days
previous the election and occupy every clerk in the
bank which would put complete stop to the business
transactions Of the establishment He further commanded
the statute being penal ono, should be strictly con-
srued In regard to the other question, he commanded
that the decisions had settled the Law ON that points,
that il there fifty retusas to the same person. ne
could only recover one penalty.
Upon the first proposition the Judge charged that IN
his opinion the Wow with which the Legislature passed
the act to guard the stockholde. ssan: fraud that
stockholders were, and II they became dissatsned with
the directors that they might form party Tor sscuon
purposes and them out and there was NO doubt ne
said on his mind that the Legislature not emily
they should have liberty to inspect the books but TO
make memoranda also to the second proposition, b
charged the jury that in his opinion only one penalty
The Jury in accordance with the Judges charge, found
q verdict for the plaintiff for $3.50.
For plaintiff, Mr. A. Thompson FOR defendant, Msssrs.
Wood Goodman.
Before Judge vanderpoel
Morrell W.. Wood.-n this cause the jury rendered
verdict for $500.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-17

upon it, and the Mexcsns likewise driven from this
position Our troops had advanced in two directions into
the cityWorth's division side, and Gen: Taylor
on the other. One mortar was finally planted in the
cemetery, after it taken by General Worthto play
to have retired. A gun, too had been moved by our
troops into the second story of house and preparations
making to pierce the wall for embrasure TO fire
upon the Plaza would appear, from the details which
have been received that Gen. Ampudia had ultimately
three entrenchme left-the Plaza and three forts
the back Of the Ind the citadel marked the map,
which was not completed, but still the strongest
point of the wholsnot built upon very elevated ground
able distance sll around t. We do not undertake.. how
ever accurately define the position of the troops
the of the deences the different periods Of the
three days The official and private letters, with the aid
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-17

of the above diagram will elucidate the subject much
better than anything which we say.
We understand that to the eye Of the spectator, the
view from the Bishops Palace commanding and singu
larly beautiful embracing the fields the town. the
heights and suburbs around it, the town. situated low
err ground the river creek and beyond the San
JUAN range Of low hills and beyond them in the dis
lance ranges Of lofty mountains towering to the skies.
Monterey appears be regularly laid off into streets
some Of which had trenches in them &C. to delay our
invading army. The houses generally story
high with parapets IN 'front.' thus making partial FORTH
cation from the roofthe population estimated at about
10000 Most of the citizens, particularly the women
are well cultivated and onfhe side which Worths div
vision approached, General Arstas palace appeared
striking IN its appearance and ornamsnted with flowers
and orange trees
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-17

A Manchester, N. H., correspondent of the Boston
Star writes that beautiful girl from saco Me-, ope-
rative in Of the mills poisoned herself the night
OF the lh inst She had been seduced under promise
Of marriage, by merchant, who has left the town.
The Bangor Wing of the l4th inst. says =" On We'd
nesdsy last lot Of struggled goods seized by
Collector, from a man named Mursen. On Thursday
night the goods stolen from the store where our
Collector had placed them and to make finish Of the
business, about dozen men blacked themselves and
went to the residence of the nformcr Daniel w James,
about IL O'Clock, r NJ with the intention Of giving MN
ride on rail. James had warming Of their sppIoscn.
and armed himself with gun, and when the muuoes
tents among them and made his escape through BACK
window As James did not return, his wife, IN searcn
ing about the premises for him, discovered oesa -
by the side of the fence The coroner held an nfue
on the body and found that the centens Of the musxe
had taken effect the bodys Of the deceased near ho
heart Rood was traced from the body to the door Inc
associates of this have not been dsco
cred. The name Of the murdered man was Joseph
Keenan,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-17
Movements or Travellers.

Movements OF Vruvelleros
The pressure Of interesting and voluminous matter in
yesterday's Herald, precluded. with many other in
cdents o. local importance, the publication Of the ar
nish the catalogue day. adding many Of ysstsr.
days travellers as limits will permit:
New Hampshire; A. Humphreys, s. Ready, U. S. A; B.
Ridgeley, Maryland; o. Baker, Col Crane, r. Luther
Sod%sn Hyde Park g Sar.n,d s S.Eia
Virginia; Hopkin:on T. George, PhiladeIphia; W.
Calender, U. s. A; T. Cofin Chsrlestoni C. Smith, j.
story Philadelphia d. McConcies, U. s. Navy; Gore,
U. s. Army; F. williams United states Army; II; Oar
hentell, United States Navy D. Day. APalachicols; Dr.
Hayes, Sd ", Artillery; j. Donneii' Norm Caronns'
AsTon.-Geo. Lawton, Pennsylvania; J, Taber, New
SsdogS Samson Sn.o Walker Panyrs
Fishkill; w Putnam, Roxbury; n HitchTSck, M9 %'
1 snsp Gov Browne, Pcnnsyivanis Egsishs Cen.
nectcut; H. Stevens, Maryland = Harris
Bsckwith, Georgia Wright phissspn,,' s NJ III
C. Ives Lansinburgh; J. Kerth, New Orleans }. ser
geant, Mississippi; Lowber Batavia s. Gale Chice
20: Edward Hale Boston; l.. Riddle, do; l.. Hopkins,
C,rY.-Csptain Palmer. ship -; Jacob wandell.
don cSp,an ssnu%, wsS.tsr owsn
New Orleans; Mr. Wells, New York; Il. Campbell
es
folE; Paterson A Cstherwood, Pii.dslpis Mr.
delphia; Forsyth, Florida, II. Lslor, Y. 8. Nj w.
Rsiston. Lima; L. seymour, Vermont, Ewing Nssh-
w
phia; j. Baldwin, Virginia; Col Payne, U. g. A.; WWh'
U.s. Norwich; d. Samuel Philadelphia
FRArKLrN.-N. Cantrice, Evansviile NJ froninknsm
Massachusetts,; c. Wakeman, w. Patrick, n poug,.,
Saratoga; c. Benhsm, Kenuckyi J. Davis, Msonc; w
Bunah, Bridgeport; A. RECKLESS, New Jersey Evsns
Boston; ]. Lennon, Troy, A. Sanford. New o,isaps w.
Arnold New York; II. Noble, Essex co; A "a, Ts
Orleans; w. Woodwork, Virginia H. tt enmSn' M
burgh; M. Durand, Connecticut; n EomSnJII' Trcr
York s. smith, Albany; J. Crosby br1'eepvs .,;cr. w
err Boston; M. Hart Troy; L. Morrison .onns''' W.
| Arnold Poushkeep se; j. Jackson kocnesS ss, WIN.
How.Hp1John p. Howard, d. Howard, MslhJ an
| T. +. M blake Pcnnsy vhnia; J. Leake, rnsoe,pu-,
M Ws opcrfsmouth: II Milling, Upton j. rsrhsn'
Msssschnsetts: II. GILMAN, Wasnington; :. ,Ss..'
pnr,,sOa = Dunn, Boston; r. Babcock Msreu'
pssnS Michigan; Bailey. New orssns A
aoyt Vermont Captain Roe, Wilton = C1tier, ~ ns,
Bradley, Indianapolis Bush Fort
land, D. Cranberry Pittsburgh; Hon A. smith, basIvin;
poston' n Burn Albany NJ. Pollard, Philadelphia; O.
| Patterson, Philadelphia
S,w;ch. Judge Jones' j. Cudbcrry, Philadelphia y.
Hale. New Haven; J. Smith, w. Dorian, New York; j.
1iriswold stonington; T.. Wood Utica; T. Alder stat
ford, w bergman. New London; A. Bull, Hartford;
sulmsn. Hartford; Csnington, New Haven T. UoIs.
Ohio; j. Taylor. Philadelphia II. Dousman WiscNans'
s. Lowry, Iowa. H. Whitaker, Connecticut ~
do; Rev f. Clerc, Hartford; George Lee, hocn'he'0'
Donaldson, Connecticut
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-17

The britannia. from Boston the l6th1 ultimo,
was seen by Captain Bosworth, Of the ship Msncneser
Al baltimore on the 23d lat ~ 10, lon 70 Oh snons
east, with full head Of steam
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-17
Common Pleas.

Before Judge Daily. a.. "A,
Der. l6.-Mc Carthy vs.. Gulck-sealsd verdict thas
morning.
Before Judge Ingrsham. 49,,
O'Connor Buck.-In the report OF this cause, wnaon
appeared in the Herald Of Thursday should have been
stated that Mr. Buck simply sued - the surety ior
the rent of the occupied by Charles Stearns and
that he had connexion with any other transactions De-
tween OConnor and Stearns.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-17
u. 3. District Court.

Der. l6.-The SCHOONER Ann M ps the steamer San
-Coiiision-The libel in this cause was MED 70
recover damages for collision appeared the schooner
was lying anchor the foot Of 18th street, Dur nad NO
anchor watch and into by the steamer and con-
sderably damaged The Court decided that ne:muon -
the schooner had anchor watch out at the ume ner
owners cannot but as the case sxtrord
nary one Judge Belts said he wouldgive costs Idol
dismissed without costs.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-17
Circuit Court.


Der. i6--Joseph Biaekwood Us. Geo Hastings.
was sction for libel and SANDER The plaintiff is
merchant carry ing business in Philadelphia and the
defendant merchant residing in this city From the
statement of plaintiffs COUNSEL it appeared that in lea2
the defendants brother John Hastings was by
the plaintiff clerk assistant, in Philadelphia
Some difficulty occurred between them, and Hastings
about to leave and establish himself in the line
Of business. At this time defendant wrote letter to
person named Lapsly, residing in Philadelphia to which
Lapsly wrote an answer containing the SANDER upon
which this action founded wit: that Blackwood
had lost his property his character and his credit De-
fondant communicated this statement TO Others and
added to II on his own authority, that very responsible
house in this city, with all their credit could not prop
him up. The defence was threeIod. First that the
commune atoms were privileged, having been made in
good faith to Wilmerdcn Austin, and to Thompson &
Co. in to enquiries made by these parties as to
the circumstances of the plaintiff Secondly plain
tiff not good credit at the time and thirdly that he
sustained injury. Judge Edmonds left il to the jury
to say the whole oil the evidence, whether the COM
munications were privileged not II they believed
they were and that plaintiff made them in good faith
then he not liable IL the other hand they were
made malice and with view to inure the credit Of
the plaintiff then they ought to render verdict for
him. Sealed verdict this morning. For plaintiff, Mr..
Theodore ssdgewick for defendant, Msrs Porter and
o. Judssu.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-17

FROM THE Society lsLANDs.-Accounts from
Tahiti early in June, have been received at VAL
paraiso The French had marched out Of their
trenchments since the last previous accounts, but the
natives did at that time attack them They lett their
they were attacked by the natives, who killed the
French commander and six seven men, and wounded
about forty. The French were destroying All the hints
Of the natives and cutting down all the brcaduit trees
But the natives maintained themselves in the mountains
which we're deemed impregnabc, the approaches to
them being preciptous, and easily defended by hurting
down rocks upon the heads Of the invaders.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-17

Worth, too, is Massachusetts, man, and was born at
Marha's Vineyard drawer better officer is not
rolled on the list Of the army.-Bosfon Pest
Rough and Ready" passed this city, last evening" on
the steamer Sunbeam, with dispatches for the division
of the army under Gen Tay lor Lieut. Cook of the navy
and DR.. Morby, surgeon of the shp-of the line North
Carolina were in company, bound, we understand for
the Gulf squadron.-Maysviile Eagle, Oct
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-17
Court OF General Sessions
Before Recorder Scott and Aid Compton and Walsl

Before Recorder SCOT and AID compton ana w aAsu.
John McKeon, Esq, District Attorney.
Der. l6.-Iriol for Bmrsla'y-A young man named
Henry wilson, alias Hedger alias Wiley, was placed ct
bar this morning for trial. charge Of burglary IN
the third degree in having the night OF the TIN Of
September last broken into the store Of Mr. sampson
Hatfield No. l64 Broadway, stolen therefrom sun
dry pieces of cloth, cassmeres vestngs articles OF
clothing, &C. estimated TO be worth about $500. The
accused found guilty and sentenced by the Court to
be imprisoned in the State prison for the term Of three
years.
Sentence in the Case of Davis, alias Coilsrd james
Davis alias Dick Coard convicted on Thursday last OIL
being concerned in robbng the barge Clinton was then
placed at bar for sentence On being asked whether
he had any thing to say why Judgment OF the court
should not be passed upon him. he reada brief
which he had prepared in relation TO the Bank OF
land bills found in his possession setting forth the des
cription of money which he had given to Parkinson,
wherewhi to purchase in the bills on the Bank OF Ing
land alluded to- and that known to the counsel for
the that not Poughkeepsie money, ..
intmaed by them but principally bills on the Bank Of
Danbury and the balance in sovereign which act
shown on the trial of Honeyman. The Court, alter
few remarks relative the able manner in which he had
been defended on his trial. and the nature Of the onsnce
of which had been found guilty sentenced HIM to Do
imprisoned theSae prison for the term OF eight
Davis appealed to the court to take into con-
sderaton the act that he upwards OF o. years
old and had already been ncarcsraed In the city prison
for about IL months for his alleged participation IN the
robbery. The appeal of Davis to the court tailed %
have the desired effect, and he conducted BACK 70
his old quarters prior being removed to Sing Sing
The court then adjourned until tomorrow morning.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-17

great revival Of religion has been in progress 1t
Nashville In the Methodist Church. some three hunl
dred members have been sddsd 70 that dsnoninssion.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-17


There are at Camargo he says, 2lO0 men, at Matamo-
1000 between Matamoras and the mouth of the Bra
1880 Point Isabel l20 at Camargo 700 sick and in
efficient at Matamoras in hospital ZOO troops of all sorts
from Camargo to Brassos under Major General Patter
son. and Brigadiers Marshall Pillow Lane and Shields
9l70 making. with the army of Monterey, 1870.
General Wool has under his command, to advance
chihuahua, 1000.
General Kearney has at Santa Fe 2700.
The whole of the United States armies against Mexi
CO, ~ $40 The writer adds:
Besides these, there is the California regiment and
the regiment of mounted rifemen, intended for the
war in the West.
There now in the United States Srmy, 20 regi.
ments Of volunteers Of infantry Of artillery, and of
mounted rifemen besides the regiments Of dragons
making in all Al regiments of all arms
If to this be added the employed in the Quarter
Masters, Commissary's and Engineers departments,
there will DO shown force Of 1900 in and at
tached TO the army of the United States.
The above account Is up to the 9Th September twas
understood that If there to be any fighting General
Worth to have what he wanted OF the war and his
division has probably been increased The Kentucky
mounted had gone to Lavacca, in Texas, the
Gulf for want of transportation
The Arkansas mounted men were without arms, at
San Antonio, where there some 1900 men, unable
move for want Of stores and transportation Colonel
Harvey had advanced towards the Bravo with about 800
men, report said he had been ordered under arrest
Gen. Wool was at San Antonio.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-17
THE AMERICAN ARMY.

THE AMERICAN ARMY.
A correspondent of the Cincinnati Chronicle who
was with General Taylor at Camargo gives quite
interesting account of the state of the army in the Unit
ed States in Mexico. He estimates the invading army
erey to amount to 6s40 men, half regulars and half
lunteers thus
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1846-08-13
AID VALOREM DUTIES.

The Patriot descants learnedy on ad ualorenl
and minimams,- and by the aid of an author whom
it seems ashamed to name and of an utter falsif-
cation of Mr. Clay's views probably borrowed from
old granny Ritchie,) it succeeds in getting up a
very good article to gull green-horns. The theory
of adjusting the duty upon an article according to
its true value, is truly admirable: are honesty, in
tegrity, fair dealing, and universal benevoence
admirable; but our laws cannot be made on the as.
sumption that every body will practice these vir-
tues. On the other hand, the fixing an assumed
value for different qualities of the sane article the
principle of minimum duties,) and the application
of specific duty of so much per pound or yard
without reference TO the real value of the article
seem at first blush to be unnecessary and undesir.
able: do prisons, penitentiarios, and penalties to
one who has no conception of crime and yet prac-
teal experience shows every man that these undo
srabe things must be had for the safety Of life and
property. The truth simply is, that the theory OF
ad valorem duties upon which the new Tariff is
founded, is utterly impractcable To illustrate its
operation we will take the duty on Wool:
One pound of wool, like Vermont wool, can be
imported from Cartda for % cents, and the duty
will be rs mills
One pound of equal grade and value &c
no lies have been told,) can be imported
from South America for cents and the
duty will be 81 mills
Difference ofad valorem duty on arli-
Giles of the same uaiue, 81 mills
Here, then, is case where the ad vaorem duty
bears nc relation at all to the true rdlue of the art
Gle on which it is imposed, and is as unequal ant
unjust as any case of minlmums or specific duties
unless imposed for prohbion,) that eau be nam
ed. As il is with wool, so may it be with every
other article. Tho real value Of the same article
is different in the different countries in which it i,
produced by differences in climate, il
the policy of the government, and in the condition
of the people. When, therefore, these articles
come here, as they do by this bill, subject to duties
on their raluc where produced, it follows necessar
ly that the duties will be just as unequal as are the
values themselves But this is not the worst o.
the evil the articles come IN, not at the true val
ne where Produced but with false value, far toe
low, fixed by the importer himself and fortified By
false invoices in order to deiraud the Government
undersell every honest dealer in our own market
and PROSTATE our own producers of the same arti
cle Minimums and specific duties have been in
troduced to prevent these frauds, and protect GU
own people. So has it been in England-so witt
every civilized people. There is only one othe
mode which can be adopted that is, ad valorem du
ties upon the true pdlue of he goods here, to be as
certained by fair and honest appraisal hereby
faithful HOME VALUATION. This was MI
| Clays ground and nothing but this. Such is NO
Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1846-08-13

SECOND CONGRESSIONAL DISTRICT.
The Wing District Convention was holden at
Royalton on the Dist ult, and unanimously noni-
mated HON. JACOB COLLAMER for election
We extract the following from the resolutions, as
indicating the spirit of the Wings of the second
District:
Resolved, That we still stand on the platform of
faith and practice, which requires a Tariff for rev.
enue, discriminating for Protection, and, as consist
ent, the distribution of the proceeds Of the Public
Lands,-that experience has confirmed our faith in
to absolute assurance, and therefore, we regard the
late illustration of the Democratic Motto POLK,
DALLAS, AND THE TARIFF OF 1872" in the pass
age of McKay's bill by the casting vote of Vice
President Dallas, as heresy which vii blight The
fruits of American Industry, while it is but true to
the heart and spirit of American Locolocoism.
RESOLVED, That as friends of the Wool Growers
in The second Congressional District, we will let
our political opponents know, by the triumphant re-
election of our able Representative to Congress,
thst we are fully aware of the difference between
the Wing Tariff of 1912, and the Locoioco Tariff
of 1916, which reduces the duty 3 cents per pound
on wool which does como in competition with YER
mont Wool, and which increases the duty at most
one cent seven mills per pound on wool which does
discrninates, in the manufactures Of these coarse
wools from 10 10 per cent in favor OF the foreign
manufacturer.
RcSolred, That by all proper means, we will pro-
Test against and resist an Administrations whose
existence is the result Of hypocrisy aud falsehood,
and whose power is welded in working the .NdtionS
rum, that PatyS leaders may rcyol IN the spolls
and such, from its own demonstrations, we know
that to be, which now rules to ruin the Country.