davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08
Circuit COurt.


Nov. T. Thomas r. C0nntii IS Eccies CiHeaSer-This
action fer 81 toT 10 goods sold in October
1892 Defendant pleads bsnkru, discharge obtained
In 1S43. Plaintiff replies that before such discharge
the def bdent in contem plstion of bankruptcy made
assignments giving preferences to certain creditors
The eefendant says the assignments bona f and
that his bankruptcy Was compulsory
MIR BhADy conten ded that the discharge Of the de-
fudeht Il conclusive until Epeached The fraud here
alleged, Of giving preference was between the tame
the act laseed and the time when by its terms
vent into Effect This is within the prohibition Of
the second section. The Law speaks only of the fi-
ture" confequepces &c and In contemplation Of bank
ruptcy the plaintiff should prove that the dUfenient
eonten plating his bankruptcy under this act wfuy
and raudulenty made the Assignments to prevent the
pro rata distribution of lis estate by the general
sgnee, according to the provisions Of that act This
being case Of compulsory bankruptcy, the act does
not apply at all Counsel called for nonsuit After
Considerable discussion the Judge said he regarded
alleged. and he thought IL means the fraud upon
The bankrupt act alone, especially this very act
could be alleged TO make a party an Involuntary
The fraud to avoid n discharge was intended to
mean moral fisud not q mere statutory fraud.
which was created in the statute itself and the conse
quences Of which are prescribed In the Law think
preference" js only fraud la bankruptcy But even
be mistaken sbout this, IL is undoubtedly for the
plaintiff TO chow that this vas In contemp Of
bankruptcy. Mere insolvency IL not enough II IL
were the Legislature would have raid so. Bankruptcy
had settled legal Specification, as well az insolvency
man might be bankrupt AMI not insolvent, aud ri,e
An fnstlvebt Ia one whose assets are not suf-
ci, nt to pay bis debts bankrupt falls within GER
tain statutory category: and having done certain
things Is bankrupt The law Is not really designed
for the benoht Of debtor The court jury be
ratified that he intended bankruptcy by reason Of
some Circumstance then existing aud kno sn to or ex
ptcted by him There a. evidence that he ned
bankruptcy; there is therefore, want OF evidence to
90 10 jury " The plsntin was Donsuited.
Proceedings are about to be commenced in suit In.
ttituted sgsiDst William b. Astor by Mrs Iapgdou
pecs cf the late John Jacob Aston In order TO test tho
validity Of the will u the latter.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08


Nov 7-.9Nsgsd Felony Of the Contents nf a Letter 80
John Cadisux, Ad.iine tadieux and Mary Lanarre,
charged with opening letter containing S32 adj
dfesstd To feter Dumon.itr It appears that Damon.
tier bearded with the family Of the deendants that
letter TO the house addressed to him about the
9Th October 1875 which ,ceived by the family
read 70 Dumontier at his iequet advising bin that he
would receive another letter between the Ilth and 18th
Of october containing money; when the time arrived
be erquirsd 81 them such letter had been received
for him. they sad not be then wrote To- Lia friends in
Canada enquring whether tho letter had bees sent,
" had been sent and person came 10 New York 10
trace IL. ON enquiry at the rost Office u was ascsr
tsned that the letter carrier bad delivered the money
letter to defentsnts These facts having been proved
the Con missioner committed the defendants In default
Ct bail TOR $500 each.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08

Before the RI corder and Aldermen Herring and Halves
tlemen were this morning qualified to act as grand
Jurors for the November term Elias Drake, foreman
Levi Apgar Willis Blackstone, John A. Bunting, Henry
NJ Carpenter Henry A. Hubert, Edward Houghton,
Gairet J. Hopper, William Lyons, William McGsrvey,
Caleb $. Merritt, Elhannon Martin, James Rockford,
Henry X. Shedding, George Schloendorf, Edward Win
dust Salem I RUSSELL James Moorehead John Jarrett,
Edward Logue.
Henry arrow, pleaded guilty to petit larceny They
charged with stealing S27 worth OF jewelry from
Ann f. Hayward corner OF TN avenue aud 10Th street
on the 18th Of September last The court consented
to receive the plea and sentenced the prisoners to the
peDitentjary for four months
Trial for assault and Battery Nth Intenf 10 Kill
John Ken dali placed on trial. charged With COM
mitng assault upon Sinclair Cline, with intent to
take his lite The assault was alleged to have been
committed the night of the 30h OF April last at the
boarding house Of Cline in Greeu~ch avenue. 1t ap-
peared from the evidence of the complainant that the
prisoner came to his room In few minutes after he
lcompainant had entered IT, preparatory to going to
bed Kendall asked for light; Mr Cline told him he
had but light, and he wanted that, as he had not
Yet put away his clothes he finally consented to lend
the light to the prisoner who went down stairs with it,
Cline flowed afterwards to recover the light when the
prisoner menaced him with a drawn knife; he came
forward with the knife raised, Cline seized small
piece of wood about nine inches long with which he
endesv' red to strike the knife out Of the prisoners
hand instead however of hitting the knife, he s.ruck
the Ian D. and put IL OUT the prisoner then struck ut
compl nant and drove the knife into tie pit of his
ttomah; Cline also got several other wounds in his
side ard on his hands, he got physician to dress his
voup6s, but he was not confined TO the house Wit
ness said Il bad no previous quarrel with Mr. Kendall
JOHN f. RoBERrs sworn-Testihed that on Sunday
night previous to the LIST eff May, himself a Mr. Sims
ana Mr. Cline we're in room together, when rap
heard at the street door, and Cline went to the
door when the parties met In the hail. Kendall threat
eoed Cline with the knife telling him that II he came
near bin be would stab him TO the heart or something
to that effect win your" said Cline and picking up
n small piece of wood struck at Kendall but succeeded
only in knocking the light out of his hand scufis
then ,nsued between Them and Cline afterwards said
he had been stabbed.
The defence did net deem it necessary open their
naeA hnf CIV mad fha fha
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08

TUthI : tIsUIIF2 bI33Ij1 lSl7,UW 1INTQ
The increase In the value Of exports for September
1870, compared with the corresponding month in 1s4s
amounts to f1sl5,oe5 being With the exception Of the
month previous, when II 81 O12 500 the greatest
increase which has been realized this year The totsl
increase In exports during the 6rst eight months Of the
present year as compared with the eight
months Of ls4s, $3.50 Os and q, the decrease Of
the first eight months OF that year as IL was
considered, was not more than f5 ESQ 9se, we have
now an Improvement Of CO 2s3l3e, q. compared With
1s47.
While the export traie has largely decreased there
has been corresponding increase In the import trade
and In the quantity Of the luxures and necessrss
life taken for consumption Compared with last year
there has been increase in the importation aud Gen.
sumption of breasstuis. tea sugar and spices; and
falling OF In the Importation and consumption Of eof
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08
N1arlkelE.

BALTIMORE, Nov. 7-l2 NJ.
There Is not great deal doing in four and
ket is without change from yesterday; $500 being the
quotations for Howard Street ana City Mills Small
sales OF yellow corn at see. a 60c. Wheat unchanged
Provisions quiet.
BUFFALO Nov. T-sP. NJ.
The following the receipts of produce since yes
terday - Flour COCO barrels; wheat, $3.50 bushels;
corn, 5000 bushels The market is heavy for -four,
and with moderate demand Prices tend downward
The GALES $50 barrels Michigan at 81 81 to 81 a.
There is fair demand for wheat with sales Of Is 900
bushels including Chicago at 6l1sc and Ohio at SIC
Corn is in good demand, with sales of 20 600 bushels
Western mixed, at 46c Freights to Albany zoo.
fer lour lie. to 1oc. for wheat aud lie for
ALBANY, Nov. 7-6 r. NJ.
The following are the receipts Of produce since yes
terday Flour, 10000 barrels wheat l0O0 bushels;
corn 500 bushels barley 81 900 bushels The market
is steady for flour but the demand is not active The
sales embrace SEQ barrels including common brands
OF 81 SO for old and 81 So to 81 90 for pew SIS to
SIS l2s fer straight do and IS II to So rs for pure
Gfrcsee Wheat has a downward tendency aud the
sales 6000 bushels Gsnesee at ST 15 to ST. 171s
Rye is 5Sc with sales of 500 bushels In barley
fsles GOO bushels at 5Sc for two rowed and $50
% JS 1ac for four rOTtd
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08

AUSTRIAN bARBARlIlES-IHE BLOODY HAYNAu.
Our foreign exchanges aud correspondence
which We received by the steamship IIIbernla are
filed with accounts Of the atrocieus, inhuman and
ssnguinary butcheries inflicted by Austria OR the
unfortunate Hungarian officers and mobiles. who,
by the fortune of war, aud not from the badness
of the cause, which they flew to arms to maintain,
have fallen within the meshes Of that tyrannical,
despotic and cowardly power.
The heart sickens and swclls with rage-,hc
head becomes dizzy, at the recital OF the appalling
and strocIops manner IN which the bloody lIaynuu
fit instrument for such murderous busness-re-
vtls, as il were, in the blood Of his victims, and
orders widows, mothers, and daughters, whose
sex is spared even by savages, to the whipping.
post, TO be stripped, scomged and logged, in def
snee even of common decency, bv brutal, de-
based and ruflanly soldiery. Thus il is that Aus
tra-deieated and Frustrated in honorable battle
treats her capiives, when overcome by subsidiary
aims, and placed within the walls of her Dungeons
There is but one opinion expressed of those bar
bsrites IN the English and continental press, and
there should be but one throughout the world
They are denounced as they ought TO be, in fitting
teIms. and their authors, as well as the base and
bloody instrument, Haynau, through whom they
are executed-th butcber-in-chefto despotism-
are branded by all the old world, as cutthroats. as
beng below the dignity OF our speces-as monsters
in the form Of men. The same judgment will be
pronounced in the new hemisphere. From one
end OF the Western contnen, to the other, from
Cape Horn TO the frozen ocean Of the North, there
will be a universal burst of Indignation Austria.
TO rerpetuate her iniamy, to hand down to pos
teriy the atrocty Of her barbarsr IN the nine
teenh century, should alter her national escutcheon
by adding bloody stripes across her black eagle
appropriate emblem for such nation.
II punishment follows crime, surely retribution
viii be literally dealt out TO Austria for those enor-
mites looner or later And there is every likeli-
hood Of it before long. Those murders, 10 the
natural course ofeyenis, will produce reaotionary
feeling throughout the whole OF Germany, that
wal yet set that part Of the old continent In blaze
The spirit of liberty there, though overcome il not
crushed or annihie,ed, and will yet rise, Phoenix
like, from IFS ashes, and sgain be in the ascendan-
cy When that time comes when the masses of
the people shall again be in power--rhey will re-
vcnge those inhumani,les; they will put the poi
sOned challce to the lips ~ their prosecutors, and
make them drink lts contents 10 the dregs. Let
those butchenes be continued, and the red blood of
those who commit ihsm. and Of thousands Of the
cass 20 whom they belong, will aveDge them.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08

1HF PrsCEAsLENEss oF rHE ELEcrfov.--One of the
city papers yesterday morning, smusipgy observed In
proof Of the absence Of violence that always
whig victory that " would be seen from the police
Ieturns thai there we're assaults 6ghs and that
sl ss tranquil a. sea becalmed We saw several
rowe oureives which not reported by the police;
that department being by far busy both side.
have time inclination 20 report mere assaults and
stun of that kindn There can be no doubt however
that the whole this election passed of peaceaby as
pared with other years The Is that the
were not In their usual spirits being depressed
BY disunion, detection, and Jealousy Of each other
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08

tention Of so much importance the condition and
prospects Of railroads and there IL probably 10
subject Of so much mporta nee little understood.
The amount Of capital sunk and to be further SUNK
amounts to at least thirty millions Of dollars most Of
which has been drawn from the middle classes Com
petition, extrsvagauce OF expenditure ignorance OF
management &c., &C., viii, before the lapse Of many
years bankrupt every solvent railroad in the country,
and prevent those insolvent from being any
better.
The oepts at the Office Of the Assistant Treasurer
Of this port, to- day, amounted to S5O06S 2s pay.
msnts, S3,046 43 balance, So CSC SIS.
A general railroad law has been reported by COM
mittee the Illinois House of Representatives 1t
to incorporate companies for the building Of railroads.
and desgnates the teiini CT certain including
the Vncennes and st. Louis line aud all others with
equal claim upon the legislative attention.
The movements in cotton, in this country, have
great interest at this time aud WILL for the Of the
season. be highly sting to the trade spectators
and planters Up to the latest dates, the receipts and
exports at the different ports Of the United States,
compared with last year, have been limited but We
think that givcs very vague and incorrect idea Of the
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08
TELEGRAPHIC INTELLl6ENCE.



Interesting from Texas-lndian Move
meRts, &c.
BALTIMORE, Nov. TOP. NJ.
By the Southern mail We have New Orleans papers
Of tie 31st, containing late sdvices from Texas
Gen. Houston had recently addressed large assem-.
bsge during which he said that he was determined to
sustain the boundaries Of Texas laid down in the
statute limits.
Letters from several trading houses ON the Brazos,
say Ii at the Camapohes quite friendly, but like
the Apschss, consider the Mexicans as tributaries
large body OF Camsnches ravagipg the
Mexican settlements, west Of Laredo.
Is reported that large bodies Of Indians col
lectpg between the head waters of the Brazos and
Trinity river their object is unknown but is sup
posed they have hostile intentions They embrace all
the tribes on frontier.
Major Chevsllie, who was recently employed by the
chihuahua government to hunt down the Apaches at
$500 head, has withdrawn from the service his
made $500 each by the expedition. The major is now
lying Ill at chihuahua, having wounded himself by the
accidental discharge of gun, while his way to
California.
Some thirty men still engaged in capturing the
Apaches.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08

ANNEXATION TO THE UNITED SrATEs.-From all
that we can learn from the proceedings now gong
on in Canada, the excitement fer annexation to the
United States is increasing, end is even extending
to the other British provinces. 1t is not improbable
that, by the time Upper and Lower Canada shall
be ripe for the movement, annexation will have
made considerable Roadway in Nova Scotia
and New Brunswick. Indeed, all of the British
american provinces seem to be moving more or
less in the same direction. 1t is somewhat re-
markable, however, that as the excitement for an
nexaton increases in strength and influence there,
it seems to diminish in the United States, and to
become more feeble every day, and the desire to
meet them half way to wax Jess strong than ever.
The truth Of the matter is, that the two great po
litcal parties into which the country is divided,
are taking such course, and raising such issues,
that the annexation of either Canada or Cuba,
even If they were knocking at our doors for ad
mission at the present time, will be very doubtful
questions for some time to come. The slavery
question is beginning to present a great many
difficulties in the way of any such amalgamation,
and the probability IS that those difficulties will
increase Tor some time to come.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08

Magic Hair Dye rew Invention 70 color che Hair Whit
the Il II applied without injury tie
skin. Gentlemen have their Nhskcrp dyed IN Eve
minutes ct the Depot. Nc. 1s7 Broad corner
street. urder the franklin Houso. Per botto email sine ST
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08

examine the choice selection Of Dress Combs at the sab
scrbers tho variety beyond all doubt the greatest
In the city which i'll be found the Doodle Chsn
tern, much admired AsS be obtained. article
Appertaining to the toilet. A. 4 J. SAUNDERS.
50, Broadway. between Walker and White streets.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08

CRcuIr Couhr-Nos q s. H. 10, 20, p 81 II, %, 20,
q. rs, 20, 80. 81, SO.
Ce,imos PLEAs-Part list Nos 80 Al IS, 81, GO, IS,
g. CO. 70 rs, ~ TO- ST. So SIS. Part 2lNos o. "a Sc,
IS, 60, 81, Ga, CO, 20, ~, "a &c, rs, SO 81.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08

decidedly the most superior In tho market Also choice
Of gold and silver Pen and Pere Cases Pocket
books ritipg Deslr Ink stands fancy goods tao
depot OF Broadway and John street. sta ~ B.
Old pens repaired, pointed or exchanged.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08
City Intelligence.


SCENE IN THE Boxes OF Broadway rHEATRE-PIsroLs
AND COFFEE Last evening during the performance of
man, at the Broadway Theatre a took place in
the boxes that richer by far than the on
actors were two Sunday editors; very tall and the
other very small The subject Of the bye play was the
circulation # one of the Sunday papers The lie was
given on both sides and great excitement prevailed.
crowd collected around them and the offensive cpl
thers continued TO be banded till the big in
duced by his friends to leave Previously one of the
gentlemen invited the other outside-an invitation
which be declined suppressed litter ran through the
audience which sbow,d that they enjoyed more than
they bsrgaiped for, act down in the bill. When
the play they met the steps Of the theatre
and the second act Of this tragic comic piece per-
formed the lie being again exchanged What the third
act is, is to be, we have not yet learned The most
funny part of the affair was that the Of d minu-
tive stature got upon step higher than his
which brought their faces somewhat level
than they would have been had they both stood
even ground The larger Of the belgerents told tho
smaller he was too dimnuve for him co strike else he
would jump down his throat and the lesser under
stood gay In reply to tbs greater, that he was too
was therefore, point of hsnor with him (the small
MANI which required some consideration to solve,
whether no would order pistols and coffee for two.
Finally the larger cock LETT the smaller in possession
Of the field capping his wings loud and long When
We hear OF the denoueme shall duly record it in
the Herald
E'rcn.Nics' destitute will be seen BIZ an sdver-
semen in another column, that the Directors OF the
Mechanics Institute have made arrangements for ths
delivery Of series Of lectures during the coming win
Horace Greeley and others interesting subjects at
the Coliseum Rooms. We have doubt that they
will be well worth hearing and the charge is Low
to place the pie ssurs within the If all. Welearn
that this excellent institution is 1ourshing and that
strenuous exertious being made place 1t in po.
fion second to that of other In the country Hon
Iadoc Pratt will deliver the ntrod uctory address on
the same evening that the Rev f. IL Chaplin will deliver
the hIst lecture. viz orSthe 18th inst.
Tnr ATTEMPTED surcIpE nv Ma PorE-This gen.
temap, We are happy to say is now ccnvalescent-re
stored in body and midland performed bis part last
V(o In tha nr.a
DIR. Arnold frst saw him, he totally insepsiblc--
his BODY rigid, and his teeth firmly clepched. The
active measures Of the House Surgeon Of the City Hog
pital were mott effective.
AccipENT.-Yesterday forenoon a named John
Hckie residing at Forteth street and Fourth avenue
was passing through Oak street upon wagon when mo-
ther wagon coming in collision with it, he was throxn
violently to the earth and his leg broken quite close to
the Knee.
DEAp INFANT FoUsp The body Of q dead infant was
found floating yesterday morning at Soclock, in the
East riyer, foot OF sixteenth street.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08
Fanny KEN BILE ut Baltimore.

BALTIMORE, Nov. rs P. NJ
Fanny Kemble is reading the " Merry Wives of
Windsor" to q large and fashionable audience, at
Waship gton Hall
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08

been av arded 20 W. MATCHBOX, ty tine American In
situte, for the tct gs and TVupccs His ftyle for
1860 ready for ttrecon bachclors celebrated
wig factory, No Wsll Tho public invited call
and examine for Themselves before purchasing elsewhere
Copy the address.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08

pair those French Boots that sold
60 worth 81 the Fulton and Nassau streets
Fine ea SIS So usually 81 500 waterproof from IS to S.
Patent Caters and Shoes, Of all styles On hand.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08

the hair vhiskers the u applied and without
waiting dry; he washed with remove
color and the shin not soed y has no bad odor, and
effective. used rish dny. Applied sold Wholesale and
retail at BATCHtIOEs Wig Factofyi wall street. AGENT
in London, T. G. URurin, - Pccadily st. Jamess
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08
Accidentally Drowned

NEwBuKGII, Nov. 7, 1919
Major Chsuncey D. Sidney. resident of this place.
was drowned last evening about half past six o'clock
by accidentally walking off the dock.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08

good and servcsabe Boots Shoes Caters 0vershoes &c.
would do well 10 call at BkOOSSs l51 Fulton where
they Will lind the Of the fashion,
able at prices cheaper than elsewhere, wholesale
all
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08
The Hon. Henry clay at Baltimore.

BALTIMORE, Nov. 7-6P. NJ.
The Hon. Henry Clay arrived in our city rather un.
espectedy this evening" and took rooms at Barnum s
Hotel.
SECOND DESPATCH
BALTIMORE, Nov. 10 P. NJ.
The Hon Henry Clay is accompanied by his
they came on IN the Western train their Destination
Is not known, but supposed to be North. The stage
in which he was passenger, upset, Cumberland,
but fortunately no damage sustained.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08

.. the Wig Factory 81 .edhurst Heard, Maiden Lsne,
where srareers and citizens select from helarst stool
In the city They Of the best workmanship end combine
all tho ste. rroyemnts Also ladies' Orn Hair,
in sres. abundance. Cory the address, n Maiden Isne
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08

Court calendar for This Day.

The general term cold court) will commence It's
rons at TO- instead of III O'Clock, duriog the ensuing
week.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08
Another steamer irom Europe.

The Cambria is due at Halifax to-day, and we
may expect 10 receive her news over the wires to-
uioht
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08
Tn. MetaI,ic TnbI,t s,rop.-The Or

srtce invented by Saunders favorably known the
putc for the last be obtained the
subsorbers la and So Broadway liberal dscount
to wholesale dealers. G.. SAUNDERS Il son,
lE Broadway corner liberty ST.. and $50 B.oadxay.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-08
Observation-Disclosures.

UNioN CouRst l.. l. rhorriNo-WFDNEsD Nov
Pure $500 three mile heats, in harness
u. Bryant entered m Lady Suffolk. .."..1
W. Whelan entered =. z. Trustee. ......2 2
Time 13-S1b.