davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-10
Superior Court

Before Justices Duer, Mason, and Campbell.
DEcBiors.-George II Ford u.s. Giles Babcock and
oMe,s-The court held that, under the provisions of
the 9th section of the statute of limitations e r. s.
2S7 successive departures and residences out of the
State to be taken into the account in computing
the time within which action must be commenced,
and that this rule Of computation is the came whether
is in out of the State when the
action accrues Demurrer to the Sd plea OVER ued,
and dcmurrers to the I'd and 4th replcatons to the
I'd plea allowed
Whiann James Boggs adm &c, rs Russell Forsyth.--To
bill seeking to set aside settled account for fraud,
and alleging that the fraud had been discovered within
short time the defendant pleaded that the of
action accrued thar years and that the fraud
had not been discovered within six years before
the filing OF the BILL held that the plea not double
that 1t was not necessary in the plea to deny the Fraud
1t was sufficient to deny its discovery within six years.
and the in support of plea denying fully tho
equitable stated in the BILL the plea
allowed.
William B. Laurence Us. John "A. Pool-Held that
defendant, on the argument Of plea to a bill cannot
sustain his plea by showing that the bill is defective
the rule on this subject at law having been adopted
In equity. A plea which relies a decree sought by
the bill to be set aside for fraud must deny the fraud
by proper averments and must also be supported by
an answer. Plea overruled with costs
Phebe Jane Carpenter adm John S. Propoost and
James Proroost, &c erers Of Mary Prspsost-Hed that
upon the death Of co-obligor in joint bond, who
surety his liability at an end aud no ac-
ton be sustained against his represen tatves at
law or in equity Bill dismissed as to the representa-
tves Of Mary Provost with costs to be paid out Of the
estate Of plaintiffs intesae Decree of sale Of John
Provoost's interest in the mortgaged premises
Wiaiam Chancey Lane Us .aonso b. Lane-Demur-
Dill " IN piii' overruied, Win COSTS
York-The corporation Of New York granted to John
Jacob Aston his heirs and assigns the right collect
wharfage fees from particular lot condition that
he would ell up the street and grade it, and forever
after keep in repair the wharf reservng themselves
the fee of the land which the wharf was to be erect
cd. Held that this incorporeal hereditament
Held further that it not subject Of taxation with
In the revised statutes Defendants enjoined from
sessipg or selling the estate Of the plaintiffs in the
Wharfage for taxes.
WHam Renwick adm. ~. Stephen Mack and others.
ne defendants in this suit having filed bill in the
sixth Circuit by the peadngs in which all the ques-
lions were raised and that court having rst obtaned
jurisdiction; ordered stay Of proceedings in this suit
until the final determination OF the suit in the Sixth
Circuit.
Sarah Currie and others rs. TIL: Mayor Of New York
Bill dismissed without costs
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-10
City IntellfCepce.

Tar RAISING OF THE EMPIRE.-The Empire steam
boat, which had lain opposite Jersey City since her
arrival on Friday morning, was towed, yesterday
to the sectional dock in the East River at the foot
Of Pike street. crowd collected about the dock,
and considerable excitement prevailed as it was ex-
pected bodies would be found in her cabin when she
was raised With some labor and difficulty she was
got on the ways about o'clock in the evening" when
the engines belonging to the dock set to work to
pump the water out Of the sections in order that the
weight being thus removed the dock miRht float and
raise with itself the steamboat the sake Of those
readers who have this dock which is real
curiosity there being nothing like 1t in Liverpool
ondon, any other port that Of shall
give brief description of it, It consists of nine huge
boxes filed with water, and the vessel being drawn
it, rests upon it. and keeps 1t down till the
is pumped out by the steam engine, and, being very
buoyant the sections then float the surface, and
lift the boat clean ont Of the water Like all great
inventions, it is exceedingly simple, but perfectly
adapted for its purpose. The pumping operation
tinucd I'LL we went to press. She then pretty well
raised and the casks and spars dashed her sides taken
away. She being scutted in order that the water
might run out Of her. An inquest will held on the
bedies hould any be found at O'Clock this morning
DErLoRaBLr RrsyLTs OF nRUrKESsEss.-Last night,
Thomas Norton and his wife habitua drunkards were
found in the basement of No 81 Cherry street. the wife
lying dead with her infant at her breast and the hus-
band in dying condition.
AcorDrnTAL DEsTH.-The Coroner held an inquest
yesterday at No 10 Jane street the body Of Peter
Bsg,rt, aged ID years. born In New Jersey who
to his death by in uries accide ntaly received from
piece OF ii mber falling against his head lt seems the
dtc,ascd was attending the pulling down Of an old
house at the cornlr Of Delaney and Suffolk streets.
yhtn the brace gave way. and The end Of piece of
timler struck the deceased the head which caused
death. Neidict acc Jroingy
AcclDfNr. Last evening about O'Clock. child
betseen and years Of age, damned between two
carts IN tba'ha street, and was severely bruised
though none OF his bones broken He con
vtS'd TO Or Holiness who treated tie case Us necessity
rblgitcd.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-10

CLEVELAND, Ohio, juno o. ]
Receipts by the Ohio Canal at Cleveland, on J
yesterday -Flour, SO bbls.; wheat, 5,19O bush ;
1882 do; ashes 2,34s lbs; pork, SO bills; butte,
lbs. lard 2,943 do. bacon, 1900 do. There
news stirring Of moment. The weather is fai
pleasant and the city free from cholera.
BUFFALO, June 9--6
Receipts within the past twenty. four hours
500 barrels; corn, 200 bushels. The easterly.
have checked the receipts. In -four about LOO
rels changed hands at $4,000. Corn is quoted 4
with sales Of 10000 bushels. Freights are fallin
the tendency is still downward; We quote -four
bany, SIC. 5sc.; wheat, 14c. to 15c., and CO
to loo.
ALBANY, June 90 |
Receipts within the past "a hours:--Flour, 1 SO
wheat, $500 bushels The market for flour is d,
the tendency of prices is downward. The IA
common to straight and favorite brands is al
37H to $4S71s. The sales of corn reach 1000 b
including white at 55c.; and round yellow al
Oats continue in fair demand with sales O
bushels, at 3Sc. q $3.50.
BosToN, juno 0,
Cotton.-Nothing of note has transpired, ano
are firm. Flour.-Common uninspeoted sells at
per Dbl Mlchlgan, 20 lZ1s-sMall safes. Corn
Of 10 900 bushels; white at Coo; yellow, at Csc.
One cargo of sweet Cardenas sold ut &c., on
of inferior sour at lie. Auction sales of cargo
Garnet, from Messina: 1,71S boxes oranges u
81 81 a So So; 100 half do, 81 70, 60 days; 0ei
lemons, 81 ca 80 221E; 200 half do, sOc., go
BosroN, June 9-5
The cotton market is without material chan
the business is to a fair extent. Sales of the I
$50 bales, at steady prices. Flouris held firm
IS 25 for good Western and Southern bran1
sales Of 600 barrels. Corn meal is selling at
12,s Rye-5O0 bushels changed hands at Csc. T
ket for corn has a downward tendency, and We
sales Of 1000 bushels at COO. for white, and
yellow Southern. Oats are irmer, and the
5000 bushels, at 40c. for Northern
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-10
Late ana Interesting from ST. Domingo.

BY the arrival OF the schooner ]. B. Lindsey,
Captain Hathaway, from st. Domingo City, which
place she left on the 18th ult., we learn that
other revolution had broken out, and that the army
and navy had declared in favor Of General Santa
Anna as President.
Hernannes, the President, met the troops on the
outskirts of the city, and declared to them that he
was still their commander. General Santa Anna
then withdrew from the army, and retired to his
plantation, after which the troops disbanded i; but
they, not being satisfied, again requested Santa
Anna to head them, which he complied with, and
Immediately marched for the city. Previous to his
march, the city of Don Carlos was burnt by order
of President Henannes, with view of preventing
the troops taking possession oft.
1t was supposed that St. Domingo City would
fall into the hands OF General Santa Anna and that
he would be declared President of the Dominican
government.
Two DAYS LATER.-The schooner Silas f. Hand
also arrived yesterday from st. Marks, ST. De-
mingo, whence she sailed on the 9th ut Capt.
Ackery states that affairs on the island are far
from beng encouraging, either as regards the
prospects OF peace or commerce, generally, with
foreign countries. The President, after his return
from his unsuccessful expedition against the Spa.
nish part of the island stated in his dispatches that
his army had been victorious in every battle, and
extolled them very much for their courage and
CALAMITY, when, in fact, they lost all their cannon,
and were in most miserable condition. 1t was
not known how many men he had lost, as he took
the precautlon not to state the fact in his des-
patches.
Coffee and wood were scarce, and imports from
the United States had been small, of late. Flour,
at St. Marks and Port au Prince, was selling at
S72, Hayten money. Spanish doubloons were
worth from $2l2 to $2l6.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-10


Jack Rossiter and Lady Moscow are again entered
for purse at the Union Course Tuesday, the 18th
inst when may expect another contest in trottng
that only be seen in these latitudes.
LEXINGTON (Kr) RAcEs-The spring meeting
the Association Course commenced on Monday last.
We subjoin the result of the two first days.:
First Day Phoenix stake l mile heats for year
olds, $500 entrance, $50 forfeit s25 declaration the
proprietor of the Pb@nx Hotel giving the winner sill
yer plate valued at 500; 81 entries, started.
w. s. Buford's b c. Bob Smell by Grey Eagle,
dam by Muckle John. ............... l /
James X. Dukes CHI g. by Grey Eagle, out of
j. L. Bradley b. f by Chorlster, dam Maria Black
James shy's CHI by Msrgrave, dam by Muckle
D. MeIniire'. b e. by Jordan dam Klkenny....
T. & @ n Buford'ss + by Wagner, out OF Cub
c. W wOolieys s. 9. jim Jackson, by Jordan,
II. W. Fsrriss 8 o. by Jim Bell, daaa Lucretis by
c. Daniels gr. C. by Grey Eagle dam b; Mcioo. dis.
Time, 15o-1:47H
Second Day.-First Race.-Two mile heats purse,
$250--frce for all ages
DIR. T.. Warfeld's CHI IN. Fanny, Y. o., by Mar
grave. dam Miss Lances. ........... l !
W. Riley's CHI. g., y. o., by Sir HAlpin, dam by
J. il. coopsr's CHI g., ~. o, BY lebanon, dam BY
-''N'pA Time. 4i:iissI.ii6I..
Track very heavy from rain this morning
Second Race.-Match race for 81 900 side; two mile
heats.
r. B. Kirtley's CHI. h. Oliver, by Wagner 49,. 1
T. G. H. Buford's s. Venus, by Eclipse.
Time, 4:O516-415K- track very heavy.
NASHVILLE RAcEs.-The following is from the Union
of Monday:-The sixth and last day of the races at
Walnut closed the spring meeting of the Jockey
Club and its entertainments, offered by Mr. Carter
The stake mile best in g. for the Jockey
Club purse $3.50, for which there we're three entries
q. b. Williams enters CHI m. Jane Watson, by
Priam. dam Buster, years old. Il l 1
s H Bugg Co enter CHI Cynthia Sue, by
s G. Shegog enters CHI m. Eponinia, by Levia-
than, dam Rachel Jackson, years old. 20 dis
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-10
Indlnns on the Rio Grnnde.

EpToR OF THE HERALD
IL will be perceived by the last accounts of Ia
invasion on the Rio Grande that our citizens
town Of Brownsville) we're reduced to implore
lection and assistance of Mexican dragons
humiliation mot to dwell on the torture and m
many men, women and children) which it wo|
the nation should have been spared
have made a calculation of the extent Of {
and frontier, &c, all prairie. which our three j
regiments are required to occupy, including thl
road (four posts) but not the frontier from Nel
to San Diego on the Pacifc 1t Is 8 $50 miles, w
now absolutely included between extreme pos
Quoting one fourth for vacancies, sick absent
have in the three regiments $50 m en- This /
every 400 miles an average post of l13 men,-al
ruinously small for discipline and efficiency
under fortunate circumstances. about 8,
may be concentrated in six weeks. It Ia N
800 cavalry (Which concentrated. could fight
ropean skirmisb) are a great burden TO our D
citizens but the volunteers. who are always
in emergency before the 800 regulars can be-
trnted-then too weak to cure what they cod
prevented cost more, in the long run, than a 4
regular force. Thus, by increasing our armJ
vnlry) money would be saved. the lives and ord
families could be saved, aud our honor could bl
T. S.-Or.gon has been occupied. Texas, M
leo, and California annexed, with an increaI
army OF one regiment each--ncarly as large al
thirteen together. The late President, in cid
war, near the close of his administration. reed
cd the army to be reduced TO its old number. nal
bis confessed hostility to it arising from ipnorI
prejudice, and partly, perhaps, to cmbarrassl
ccssCr 4
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-10
Court of Oyer and Tcrminer.

Before Justice Jones. and Aid Jamison and Franklin
JUNE o. Hdbeds Corpus-AR application was made
this morning to bail Augustus Darling, who had been
tried and convicted in the Court Of General Sessions
Of burglary, and sentenced to two
The motion made on the ground of the admis 81
bility Of improper testimony the trial The motion
denied. and the prisoner ordered to be reuanded
The Court then adjourned sine de
Sentenees.-John Ingram and George Jacobs, con.
victed yesterday Of assaults with dangerous weapons
on persons ship board brought up this morn.
ing to receive sentence. After udcios remarks
by the court in relation to the conduct of captains
crews Of vessels and their relative duties towards
other Ingram was sentenced TO pay fine of dol.
lar, and to be imprisoned for three months JAG DDS
was then sentenced to pay fine of one dollar, and to
be imprisoned one year and three months
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-10

HE CUSTOM HOUSE SPou.s-We understand that
about three thousand applicants have already made
their appearance, asking for office IN the Custom
House in this city, from the new Collector Mr.
Maxwell The number of Offices to be given away
IN that establishment, amounts TO only three hun
dred, or, at the most, three hundred and fifty; so
that 1t seems there ten applicants for every
place in the Custom House. 1t will be difficult
matter for the new Collector TO read over all the
papers Of this army Of three thousand office seek
efs, and determine upon the merits of each, with
any degree OF justice to himself, or satisfaction to
the applicants. The best method for the new Col
lector to pursue is, to dispose of those Offices by
lottery, as the pictures are disposed of in the Art
Union. IT would save great deal of trouble. and
the unsuccessful applicants would have nothing TO
swear against but bad luck, and could say nothing
against the bad judgment of the Collector.
There is one reform which we wish to see in
the Custom House, and that is, the abolition the
various sinecures which existed there during the
regime Of Mr.. Lawrence the recent Collector,
and also, probably, under that of some of his pre-
decessors. We are informed that at least thirty
or forty snecure offices exist in the Custom House
that is to say, persons pensioned on that
establishment who receive from one to two, and
IN some cases, three thousand dollars per year,
WITHOUT rendering any service at all, and very
frequently without appearing but once or twice
week at their desks. 1t is also stated as curious
TACT, that nearly half dozen Sunday newspaper
editors have been enjoying nice little snecures of
IRON one thnusand to fifteen hundred dollars per
year. Tor some time past. Against this corrupt
slnecure system, we have no doubt the new Col
lector Will set his iace-and very properly So He
will be supported by the Secretary of the Trea-
sury IN so doing, as well by the whole force of
the government. 1t Is full time to cut off these
sinecures; and, in making removals, the Offices
should be distributed according to the merit, capa
b,lty, and fidelity Of the applicants.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-10
Brooklyn City Intelligence.
Judge Greenwood and two Al.

CRY CoURr.-Beforo Judge Greenwood and two Al
derner.
Riot and T,imuh.-Tne People u.s. Russell and Others
This was wherein the defendants stood charged
with having tho evening Of tho LIST of Decem bsr
1S4S been the principal in fight and riot which
took place between two three fire companies at fire
in Jackson street. or Hudson avenue A. W. Z Whit
ing, the foreman Of Engine Company No. l. testified
follows: I" ! was present at the disturbance the
light in question; | was foreman of No l; did not
see any concerned; were at some distance waen
No upset; it was upset tAecorner Of jackson
and Tilary streets there about five six hundred
persons the ground; No s was again upset by No.
i; No followed us, and got in our way SO that We
could not back ia; neither Of defendants in the
transaction; No. were trying to prevent their engine
being thrown over witness heard some one call out to
throw No. over
Several other witnesses examined, who testified
that they neither Of the defendants in the fight
The was then given to the jury, who rendered
verdict Of" Net Guilty"
Sentenaes Thomas Armstrong, convicted of an
FAULT and battery, sentenced by the court to 10
days imprisonment and fined $25. Judgment
pended until next Saturday owing to doubt existing
to the correct state OF facts.
Sarah Kelly, who pleaded guilty to selling liquor
without license remandsd for sentence till next
George White convicted of an assault and battery,
fined SIS, to stand committed till paid.
In tho case Of w H. Wardell, who pleaded guilty to
a charge Of malicious mischief in running into
rbus the court allowed the matter to stand over till
Saturday next
John Van Caddamer, convicted Of selling liquor
stand committed till paid
David Davis convicted of similar offence, was SEN
fenced to suffer the same penalty
Joseph Smith convicted Of an assault and battery
sentenced to pay fine of $780, to stand committed
till paid.
Dennis OConnor convicted of keeping disorderly
house judgment suspended.
ADMITTED 10 BdH-Mandeville and Montgomery who
arrested day or two since, charge Of OBJ
tanning goods under false pretences brought be-
fore Judge Greenwood yesterday and admitted to bail
in the sum Of $4,000 each.
The court then adj ourned to Monday.
FlRE-A large oil factory situated in Front between
the Fulton and Catharne Street Ferries, totally
destroyed by fire, last evening.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-10
Shipping Intelligence.

Arrived-Barks Churchill, Trinidad, May 20; C
Philadelphia; schr Edna, Norfolk.
Cleared-Bark Union Baltimore; briggs Charles
Francisco; Mary Stanton, Baltimore; Emily, Phil
Sea Bird, do; Mail, do; schrs Milwaukee, Bucksv
Irene, Philadelphia; Croton, do; Perine, Newburgh
bany; Excel, NYork; American Belle, do; N NJ Klot
hEMoRANDUM-The bark Bostonian, at this po
the run from Buenos Ayres to Cape Frio in six
which they saw large American ship, with passen,
IDENTIFY for California, bound into Rio. Capt MAR
Monte vidco, and received mail bag from the
Brandywine which in port, all well on board, b,
further communication with the shore.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-10
Movements ofIndix,du.fs

Arrivals In the city Yesterday At the .as,or-Capt
Ormstead, st Louie, Geo jerks do f. Pope Balti-
more; r. Hcnmsn Connecticut G. Sidney, England
apt TatDall, N; Lavillebeuvre, New Orleans
Col Slaughter, Wisconsin bring House Hon Mil.
lard Fillmore, Vice President Of the United States
Washington Hon. Samuel Burnett, Florida Thomas
Gowdy, Nashville; J. w Clnch, Florida; MIR. Boil d ,
5 A.; Jos. de Garay, Mcxicoi Major Porter, u s. A.;
Sydney Belingham, Montreal; Ferdinand Smith do
J. X. Habersham, Savannah
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-10
Ten Days Later from Buenos Ayres.

BosToS, June 9--12 NJ
The bark Bostonian has arrived, with dates fir
Buenos Ayros to April 2sth, and from Montevideo
the 27th Letters from the latter port state that
French Admiral had entered into arrangements "
Rosas for settlement of all difficulties, which will
Immediately sent to France. In the meantime, an
mistice will take place twas thought at Busnos Az
that there. would be free communication betwt
there and Monteyideo.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-10

Tnr FLooD AT NEW ORLEANs.-Thc wd
deriaken by Captain Grant for the closinI
crevassc at sauve's plantation have been alb
and Capt Grant acknowledges that he IL utter
to accomplish the task. In the meantime, thd
the city are increasing The Crescent Of June
The water In the city was about at stand
day. IL has fallen very Slishtly; and since thol
ia abandoned, we may expect The flood TO r,l
former II not higher level At the emb suc y,
Bay on st John, there is now nearly six feet ~
than usual, and the Lake, so far from being h
generally thought, Is in fact unusually low, ri
OF the Bayou is about d. feet wide, while fart 1
me stream its width is over 200. The hoigl
Lake above the lowest water is 10 inches; TIT
heigbt is ~ inches above that point; high watd
ibch and during the hurricane of 1881 the lc 4
water was feet eight inches above. The wat
Bayou Is now inches higher than In 1881. Il
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-10
Court Calendar for Monday.

cdhCuit CotkT-4 II, II 10 TO. 81, -, At, -, 300
d, 90 eS, 60 572, 20, 70, to II, 20 to S.
.rrnioR CoURr.-11, 90 81, 40 As 10, So s. So o.
,S, 10, so ST. 81, OIL 65 ADJ 432 433. 81 OS 20
~ W. io4 lO5 ABA loo TO 109 Ill 113, ia III AS
to So. ~ ~ w W. ~
CoMMoN PtrAs-first Part.-10. 81, SO, ass, 465 A.
~ OIL DO o., ~ ~, 49, 13s 100 1866 IT, 81 I76 IT'S
10, lS2. 1S4, lSG, lsS. 100. 100 lnl - - -
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-10

CINCINNATI June 0, Is,
Up to noon, yesterday, there were 50 new cas-
cholera, and deaths.
At st. Louis up to the same time, there wei
ported 70 interments from cholera, and 16 from
diseases. The weather continued to be very vi
River rising.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-10

CouRr MARTIAL-Tbe court met, and entered upon
the trial Of Lieut.: Premise, yesterday. Commodore
Read was examined the part Of the prosecution
The Hon. John s. Millson appeared as counsel for
Lieut. Prentiss. -Norfotk Beocoa June g.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-10
General Gaines.

WAsHiNGroN, June 0, 1910
The War Department have received despatch ire
New Orleans announcing the death of Con Gain,
after an illness of but hour and 16 minutes-su
posed from cholera.