davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-12
Common Pleas.-Part Second.


JAN. s.-Joseph ". Yale and others Us. John Rice.
Action Contract.--This was an action COM
menced in the year lS47 for the recovery of differ
ence in the price of about 1000 bushels of oats and
their value at the time when they were to have been
delivered. The price was AZ cents per bushel and
their value when deliverable, 65 cents per bushel.
The defendant commended that he was not liable, be-
cause he did not contract to sell about 900 bushels
Of oats, but only lot Of oats that Boothe had,
and that he had offered them to the plaintiff,
who rejected them because there were not about
1000 bushels There have been two trials in
this court before, at each of which verdict
was returned by the jury for the plaintiffs, and
each of which was set aside, and new trial
ordered. because of errors OF law, by the Court.
showed that the lot Of oats bought by Rice of Boohe
was the lot which the parties referred to by til cir
contract, (and he thought the evidence clearly tend
ed to show that to have been the case then the jury
had nothing to do with any evidence of custom; and
as the defendant had offered to deliver that lot no
matter what its quantity, whether $500, 600,
5000 bushels that their verdict should be for the de-
PENDANT But that if the evidence did not prove that
i was the Boothe lot or any particular lot of oats,
then they might resort to evidence of the customary
meaning by usage, Of the words, "say about, and
more or less in determining what quantity of oats
should be delivered under the contract The counsel
for the defendant, Mr.. John Cochrane, excepted to
this part OF the charge, saying that the subject of
the contract the lot of OATS (and so the Court of
Appeals had heldD and there being evidence desig-
mating what the lot was-that the contract was no
longe4 uncertain; that any custom applicable to the
meaning oil the words "more less, and say about"
words which in no manner affected the subject of the
contract, which is the lot of oats cannot Of neces
sity conflict with the evidence. Mr. J. w. Gerard
counsel for plaintiff opposed this view OF the contract
maintaining the position by his argument to which
the Court assented. The case is one of much inter-
est to the parties Immediately concerned and of very
considerable importance to the mercantile commu-
nty in view of what construction contracts Of the
description are to receive in our courts of law.
The jury were kept out till midnight on Saturday,
when, not agreeing, standing five for the plaintiff,
and seven for the deendantD they were discharged.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-12

arrest of Itco Shopltfers.-About II o'clock on
Monday morning, quitea rush OF people hurried into
the Police Court, at the Tombs, in consequence of
Officer Van Wrinkle, of the Third ward, having in GUS
tody two young men Of genteel appearance, named
Edward Brown and George III. Horton, charged with
stealing 10 dozen OF gold finger rings valued at $780,
the property of +. j. Richards jeweller, ITO Broad
way 1t seems that the accused parties went into the
store of Mr. Richards, and wished to see some articles
of iewelry to purchase. The articles were shown
to them, and while Horton engaged the salesman in
conversation Brown secreted the 10 dozen gold rings
about his person. The property was missed before
the rogues left the store and suspicion resting on
Brown Mr. Richards stopped both from leaving the
store, and sent for the aid Of the police and when
OF Brown. The officer then conveyed both parties to
the Tombs; and Justice Osborne, on the facts pre-
sented by Mr.. Richards, committed them both to
prison for trial, on charge OF grand larceny.
Is Killing q Horse Mdnstaughter?-On Monday,
Officer Carthy, Of the Nineteenth ward arrested a
man named Samuel Whitman, on charge of cruelty
beating stage horse belonging to Mr.. Dngeldne,
proprietor of one Of the Third avenue line OF stages
shod whippetree, and the last blow he felled the
poor animal to the ground, which killed him. The
accused was conveyed before Justice MGrath, who
held him to bail to answer the charge.
A Violent Assault Ten,ale.- Yesterday morning
officers Horton and Blake took into custody man. named
George Stone keeper of public house, known the
'Misetoe Bough, situated at No SIT Pearl street,
charge Of committing outrageous assault the per-
Of Mary Elizabeth Hulse during the night previous
brought before Justice Osborn made the following
ment:She says she is from Patchogue, Long Island,
where she married 70 Enos Hulse She twenty
four years Of age and has been the mother Of five chill
dren. For time past she has been living out at
service, in New Haven Connecticut; and Monday
evening she from New Haven, for the purpose Of
getting employment in this city At the depot in Canal
street two young men informed hertha they would take
her to the Mistletoe Bough in Pearl street. where she
was introduced to Stone the proprietor of the house. and
he, about 10 O'Clock that night, conveyed her to a
.1an ;v tJa Nc L.l
ing, when he locked the door and violated her
person. She endeavored to make alarm, but he
placed his hand her mouth, which prevented her
from doing. In this room the complainant kept
fastened in during the night and at daylight making
a noise, woman came and let her out She then went
into the street. and citizens found her shedding
tears and directed the attention of the police who on
hearing her story arrested Stone whom the woman den
tilted the person who committed the outrage as above
described. On the sworn testimony of the woman, Stone
committed by the magistrate for further exami-
nation, and the complainant also committed as a
witness.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-12

Company to sustain it's Defence cannot rely on any
allegations, although responsive TO the bill, ~ its
answer on oath was waived, and 30 not made evi
dence. The affairs Of the Company passed first into
the hands of trustees then Of receiver, and lastly
to q special receiver. Each Of these have answered
separately. The trustees admit the will, that the
testator owed at his decease upwards Of 000 that
Chas H. Carroll in his individual capacity and %
such executor, executed mortgage to the Banking
Company for $50 900 on the land in Rochester, and
that in his individual capacity he executed another
mortgage on the Livingston County land for the same
debt, and that the lands in the Rochester mortgage
were part of the real estate whereof the testator died
seized, and that the lands in the Livingston County
mortgage were part Of the Hermitage trust as alleged
in the bill, and they set up as new matter, and az
showing the title Of G. H. Carroll to mortgage that
he had elected to take the lands in the last mortgage
in payment Of the ten thousand dollars given
to him under the will and they also allege that the
consideration for the mortgage was his subscription
for of the stock of the company and that ne
applied the same, or the proceeds thereof to the ben
eft of the estate.
The Judge then entered into an elaborate statement
Of the case and laid down the principles upon which
the accounts were to be settled. He then ordered,
that all the parties are to be allowed to give further
proof as to the title to lands in Rochester and Living
stOn county. The executors to account on the prin
ciples stated in the opinion. Order to be settled.
Before Hon. Judge Norris.
HUSBANDS LIABILITY.
JAN. 10.-William a. Lockwood us. Benjamin
RavgOr.-The plaintiff in this case obtained judg-
ment some time snce against the defendant for $500,
and the case now comes up on motion by plaintiff 8
counsel receiver to be appointed over the estate
held by the defendants wife, which counsel contend
ed was liable for the debt For the defendant it was
insisted that the act of 1913, called the married
woman's act" stated that such property was not
liable for the husbands debts The property of the de.
PENDANTS wife appears consisted Of houses and land,
which she inherited from her mother, who died in
ls4l. This, it is alleged, gave the husband q life
interest in the property The questions thus pre-
scented are two-frst that the act Of 1S48 was un-
constitutional, as diverting the title Of legally &C
qured property from the husband and, therefore,
retrospective. And, secondly, that with regard to
the equity Of the CASE the debt incurred for i'm
provements in the house property Of the wife Of the
defendant the rents of which she received.
His Honor the Judge held that the defendant had
an interest in the property, which must be applied
to the payment of the judgment.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-12


The increase in the traffic in anthracite coal for
the past year. has not equalled the anticpations Of
those most intimately acquainted with its progress.
The tonnage from the three great regions in 1851,
exceeded that Of the previous year by 1,O0l ,O5l
tons; while in 1852 the increase has been but
profit Of niue per cent the common and preferred
stock it stood at the date Of the last report after
payment Of the interest upon tho debt or the sum
realized 100000 has been invested as usual in
the sinking funds leaving cash dividends of seven
per cents for the preferred and ak per cent for the
common stock, which have been duly declared. The
profits on the preferred and common stock have ave-
ragged for the last three years more than 81 per cent
The conversion Of bonds into stock was much
larger than anticipated, having reached at the
closing of The books 81 las 900. Had this CONVEX.
sion not taken place. the stock distribution would
have equaled about eleven per cent for the common
and three per cent for the preferred. The renewal
fund, which showed debit at the last annual state
ment OF $lS,71G now shows a credit balance Of $22-
4s7 10. During the year the company have made
additional purchases Of real estate for the accommo
dalton of their passenger and merchandise trains at
Broad and Willow streets, and now own nearly the
entire square bounded by Broad, Willow, 'Callowhill
and Thirteenth streets and have also secured 269
feet Of river 'front.' adjoining their present property at
Richmond.
The charge for transporting coal has averaged but
I 94lQQth e9pts Mole tbgn in l85l, During til
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-12

appointed fthe Lords Justices Of Appeal, in the
room Of Lord Cranworth. Sir w. Page Wood sue
sssds Sir George Turner as Vice Chancellor.
M. Keogh has been appointed 6oicitor-General
1br Ireland.
The Hon. II. Fitzroy has accepted the Under
Hecretaryship of the Home Department
Mr.. Grenville Berkeley is appointed secretary to
the Po0r-Law Board
Mr.. Kirwan, the artist, who was sentenced to be
hung for the murder Of his wife, near Dublin, has
hsen reprieved.
Hr. Bower, the Paris correspondent Of one of the
London papers, who, it will be remembered, killed
M Norton, also the correspondent Of London jour-
nal under circumstances OF an extenuating nature,
had been tried in Paris for murder and acquitted
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-12
econd to Third avenue, with oil To Committee ON

Second to Third avenue, with oil TO Committee on
Lamps.
Report-In favor Of confirming aundry expulsons from
the Fire Department, SC To Committee on Fire Depart
ment.
Resolution-Thst gas lamps be placed in Cedar street
where necessary the mains Deang lad IN Cedar street
Coneurred in.
Notwithstanding to Soroners the room now oc-
cupied by CITY Judge 10 Committee Law Department
Granting petition Of John Roach and others, for per-
mission to contractor Forty street sewer to pro
coed with the work To Committee on Sewers.
The then adjourned to Wednesday afternoon at
O'Clock
From the minutes IT. McCIENACHAN, Clerk.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-12
The City Post Office.
CORRECTED CORRESPONDENCE.
NEW York POsT OFFICE. ian.


NEW YORK Posi- OFFICE, Jan. /, 1853
Mr.. JoHN II. HALLETT, Superintendent Of the Alpha
bet and Mail Carriers Delivery
DEAR SIR-At general meeting of the letter car
riers OF the New York Post Office, the undersigned
were appointed committee to procure and present to
you testimonial OF their appreciation Of the many f-
vcrsy have conferred them the facilities you have
afforded them by your uniform attention to business
in your official capacity, while in charge Of the Mail
Carers Department, and Of gratitude for your kind
ness OF manner and general urbanity in your relations
with us.
In the performance Of this pleasing duty, we desire
you to accept from your associates and friends in the
New York Post Office, the accompanying silver SET
as token OF their respect and esteem, and as more
substantial evidence of the good will and friendly
feeling which has always characterized our inter-
course
Please accept from us, individually, our assurance
of personal regard.
Robert Roberts, Charles Forester, William NJ.
Brown, Abraham Vanderpool, Benjamin Dewey, Jas.
L. Whittemore, Committee.
New YORK, January l, 1853.
GENTLEMEN-You have been pleased to present
me With splendid service of silver plate accompa.
niea with highly complimentary letter Of this date
as testimonial OF the estimation which you entertain
Tor the service which you say have rendered you,
while in the discharge my duties Superintendent
OF the Mail Carriers Department for several years
past. These testimonials, from those with whom j
have been 20 long associated, gratefully received,
and have made deep impression on my mind, and
have excited feelings of deep gratitude.
feel, however, that your friendship and good feel
ings have caused you TO set too high estimate of
my conduct, and therefore must say, that having
found you at all times ready to cooperate with me in
those arduons duties, has essened the labor other
wise imposed.
Wishing You all, gentlemen, every prosperity, is
the prayer OF your friend and obedicnt servant,
JouN H. HALLETr.
r. Roberts A. Vandcrpool, c. Forester, b. Dewey
VIM. Brown, j. L. Whittcmore, Committee and As
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-12

William II. Bruce, one of the old Pioneers of Wis
onsin, and leading man Mt Green Bay died in that
own after brief illness, on Sunday, the 2s,h ult,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-12

ACCIDENT on THE FALL RIVER RArLRoAp-
We learn from the Herald that the steamboat train
from Fall river ran Oh the track last evening at East
Stoughton in consequence of the switch being mis-.
placed. The train was going at the rate of thirty
miles an hour, but fortunately, the engineer dis
covered the displacement in season to check the
speed somewhat. The freight car and second class
car ran of. The engine was nearly overturned down
an embankment, some three feet high where it now
lies, very much damaged. The baggage crates were
mashed to pieces, but, fortunately not an individual
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-12
Police Intelligence.

.diourned till Wednesday morning.
The weekly Lancaster gazette. (Lancaster, Ohio) 1852-1855, 1853-12-08
Invasion Of Lower California by
EflibnSlera.
PROCLAMATION OF INDEPEYD.
ENcE

WGsHisoToE,~ Fdday, Dec. AL have
private sdyices IRON Tie City Of MEXICO 10
the 17th uli., to the effect that letters re-
ceiEed there from Topic dated NOV. u,
state That two hundred armed men from
San Francisco had just landed from the
brig Caroline, OF the port OLA P4z Lower
California, and hadtaken possession OF The
town, put the Commsnding General 10 ptis-
on, and declared lower California indepsn.
dert.
They have q flag with two Stars. which is
supposed by the MEXICAN information TO
mean Lower Calfornis aud Sonora.
Great excitement prevailed at Mexico on
the 18th ult., when the news was rec lived:
II is likely that Santa Anna may take adj
vantage Of this circumstance, and ofthe agi
%i;ation Il causes among the MeAltao people,
TO proclaim himself Emperor.
The above - from the Tiribgn', md shows
that the reports from California n an in
tended invasion ofLower California. for the
purpose Of conquest, were well found I'd and
that the projectors Ct the enterprise were
seriously determined upon this annexa'ion.
Til, declaration of "I~ndepcndence," Of
course is merely the first step 10 process Of
legalizing this acquisition. The next step,
is for this Independent Government" 10
ask admission into the Union.
The weekly Lancaster gazette. (Lancaster, Ohio) 1852-1855, 1853-12-08
LATEST CINCINNATI NEsW!
srLENDID FALL sToCK
nnRINsnN & TROUT.


EUAS rrst arrived from Cincinnati. and is arranged
Ia for public inspection and purchase; at tho ceie-
brated ScoFiELn's CoRxER, diagonaily opposite
Srr,rP's FLoURIsH1xG HoTFI. As our motto has
,lyavs been :. The LittLsSt Profits and the Biggest
Sales our sales md our fame have been proper,
tionabiv extensive, a~iFording the cheapest, finest, and
most enduring articles in our line. In fact, they
srrsk for them elves in language ofFeetOIOgic brill
lianey which the'public perfectly understand-
Young ladies'. when a shopping out
Remember RoEIysoN &TRoUr,
Their services commanding
To get the best OF understanding,
And following the golden rule.
A vast Improvement OF the sole
Younq Gentlemen, who hearts have won
By wearing work we pride upon,
Don't passbv Trout & Robinson,
Whose Boots and Shoes in ev'ry creak
Their strong and lasting nature speak:
We bet we'll Shoe you sights this IimeI
And aiuc you Boot in way sublime.
Thanking the public for their very liberal patron
aes. weiasll continuance OF it while directing their
NJ ention 10 our cheap stock, comprising, IL part, the
followins-For Gentlemen, the fashionable Red
Top, Congress, Kip. and the best coarse Boots, Shoes
and Slippers, ofeverv grade. For Ladies'. the Jenny
Lind. the Bronzed. Parent Cali, French Morocco.
Rosette, None Such. Caters, Buskins and Bootees,
including the most celebrated Gum Shoes for both
Gcutlemen anil Ladies'. IN fact, we have for the
Ladies the uoat fashionable and extensive variety
ever offered in this city. For Children every kind
which cannot fail to please. Findings of every de-
~scription for the trade.
1--WE respectfully direct attention TO the WORK
men employed in our manufacturing and repairing
department, who are famous in our line, especially
RtcnARps. who ont Richards Shasspesre's Richard
for he sis himself t.nd nobody else,O dlCdyS in the
superiority Of his work'han-hip.
Lancaster. Ohio, September Is, 1858.
The weekly Lancaster gazette. (Lancaster, Ohio) 1852-1855, 1853-12-08
BOYD CHOSEN SPEAKER.

WASHINGTON, Dec. 5.-Lynn Boyd ise-
lected Speaker by l43 ont of 2l7.
SBNATE-Forty-three Senator's have ar
rived in town.
The Senate was called to order by Mr..
Atchison, at l24 O'clock.
After the presentation Of credentials, a
resolution was adopted, directing Secretary
to notify the House that's quorum of the
Senate was present, and ready to proceed 10
business.
Mr.. Dodge of Iowa, gave notice OF a bill,
granting to Iowa lands for Railroad purpos-
eS. Also a bill to establish a Territorial
Government in Nebraska.
Mr.. Jones of Iowa, gave notice for a bill
granting lands to1owa for Rail Road con-
Meeting the Missouri Rail Road.
Mr.. Gwinn gave notice Of tie following
bills making donation of pubic lands in
California, Tor the purpose of constructing
a Rail Road and Telegraph Line from San
Francisco to the Colorado River, on the
southeastern boundary of said State, with
a branch passing through the Valley of the
Sacramento River to the boundary of Ore
gon. Also a bill to establish a line OF NAL
Steamers from San Francisco via Sandwich
Islands to Shanghai. Also a bill to pay
expenses incurred by California in suppress
ing Indian hostilities in said State.
Mr.. Gwinn moved an adjournment TO IL
o'clock. Lost.
Mr.. Badger moved that IL O'Clock be til;
hour of meeting Of the Senute.
The weekly Lancaster gazette. (Lancaster, Ohio) 1852-1855, 1853-12-08
News Items from tt,e sOufh.

baltimore, Dec. BY mail we have
the New Orleans papers Of last Saturday
in which we find adyices from Vera Cruz ia
the pod, and from Mexico to the l7th ult
The Mexican papers are filled with detaiii
Of horrid outrages committed by the Indiacs
on the frontiers. The. Diario (.tieiai, III
correcting a statement of the privileges
granted by the government TO Messrs. Bill
lange G. Richards, for constructing a Rail
way from Vera Cruz to the Pacific, says the
grant applied only 10 the construction from
Vera Cruz 10 the city Of Mexico.
The In Traitd Union notices the arrival
of Mr.. Ward in the city. who comes TO rep.
~resentthe interests of the company claim
ing under the Garay Grant, to whom was
granted the right Of way over the lsthmui
Of TehuHnte pee.
Several cases of cholera had occurred q
Mexico.
The weekly Lancaster gazette. (Lancaster, Ohio) 1852-1855, 1853-12-08
TELEaRAPHIo lETRLIIaEHcE.
C0nEreasIonaI Caucus.

W~ksHfEoToH, Dec. IA Caucus or the
Democratic Members was heldthis evening.
T.. B. ODD, Of Ohio, 10 the Chair. GIN In
gersoll. Of Conn and John w. Davis, OF
In, Secretaries.
TIE Rules Of the House was adovted.an
Mr.. Stanton, Of Tenn, offered resolutions
In substance as follows:
The frat affirms that the resolutions Of the
Baltimore Convention on tie Compromise
pledges the democratic party to maintain
the compromise measure of the constitution
nj all times and by all means. Second, that
Gen. Pierce's nomination and election was
the results OF a belief that General Pierce
would honestly fulfill that pledge.
Third-Afirms that The inaugural address
conforms to this pledge, and warranted the
confidence Of the country and party that his
measures and appointments would cores.
pond Herewith.
Fourth-CondemIs the policy which re-
cognizes freesoilisin as an element Of demo-
cratic organization, aud elevates leading
freesoilers at the sacrifice ofsuch men as ID.
S. Dickinson, as r%epugnant to the princi.
pies, the sentiments, and the pledges which
prevailed in bringing Gen. Pierce into pow.
err.
Fihh--Approves JefTerson's Circular a.
gainst the interference Of federal officers
with State Politics.
Resolutions ruled out Of order by the
Char, and on appeal the Chair was sustain
ed by a large majority.
The caucus then proceeded 10 ballot for
Speaker, with the following results:
First Ballot-BOyd As; Orr IS; Disney
81.
Second Ballot--Boyd Ga; Orr 20; Disney
81. Boyd declared nominated.
]. w. Forney nominated Clerk, Gloss.
berner Sergeant-at-Arms, and McNew
Door keeper--ail ofic Of the last House,
Caucus adjourned.
The weekly Lancaster gazette. (Lancaster, Ohio) 1852-1855, 1853-12-08
MERCHANT TAILORs

al. SPRINGER K TROUT,
IA ETAVEr eeeiyed al their CLoTHISe EsrAs
Nh "a L1sHau;NT in Giesy's building, between
;6a Hooking Valley Bank and 7. w. Tallmadge's Ex-
change Office, and lave just opened a large and extern
sive assortment of
FALL AND WINTER GOODS.
And are now manufa curing every variety Of
FALL AND WINTER WEAR.
Which they will sell as low as the same quality o.
goods and work can be purchased atany other estso,
lishment in the city. Their clothing Is Manufactured
under their own supervision and Is consequently SUI
perior to that which is brought from other places
They have also on hand, beautiful variety oil
CLOTHS, CASSIMERES. VESTlNGS, &C.
Which they are prepared to manufacture TO ofde;
They h9yei in their employ the best q wPrEne NJ si 3
are at all TIMES prepared TO make the best hts and y
the latest STYLES. An their ,eOrk viii be trcirrcnfed
The public are respectfully solicited to call AL ana 1;Ss ssi
anime their stock, and while thankful tor the nDe IL
patronage they have enjoyed. they 'seuTe thelr oo
customers and all otbers that they Yill la5orto srs
general satisfaction. both In the quality sn9 PIrTN y
their goods and work. SPRlNGEh lN0OA
Da.easter, march 81, 1893