davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-27
Superior Court.
Before Hon. Judge Duer.

ACTION FOR FALSE IMPRISONMENT.
MAY 26.-tohn b. Touldn %. Joseph B. Bdker-The
mold, Constable Co., and the defendant was one Of that
firm The defendant accused the plaintiff before ma
gsate with having taken from the store about fourteen
dollars worth Of goods without the authority of the arm
to DO so and on this complaint the plaintiff locked
up for thirty six hourb and then discharged The
plaintiff contended that he had permission to take the
goods and 1t appeared that he had leave take some
goods but had NOT pemssion goods In quss
ton.
The Judge in addressing the jury said that II the d.
PENDANT made charge against the plaintiff which he
knew to be false, they would be warranted in giving
heavy damages against him; but he made the charge
good faith believing IL to be true although he Wa
should not be the II he had known the charge
to be untrue BY imprisonng the plaintiff without tie
oath Of the complainant the justice who did 30 va
guilty Of 6agrant wrong and II this action was against
him. It would be the duty Of the jury give Judgment
against him for more than nominal damages II might
be true that magistrates were in the habit Of acting
thus and causing officers 10 make arrests and then in
stead OF examining the accused party Immediately they
commit them for examination and keep them In prisoa
for perhaps week without doing So Such proceedings
are contrary to law without the interference Of tie
defendant however, the plaintiff would not have boon
arrested, and he was, therefore, liable for false imprson
ment, the same a. IL the action against the mags
of the jury The Court in conclusion directed the jury
to give answers TO the following questions.
Were the goods In question obtained by false repre-
sentationf A. No.
Was the fact they had been obtained communicated
to the before he made the complaint before tho
magistratep A. II was.
II such a communication made, did he act in tho
belief that 1t true In making the complaint A. He
did
Verdict for plaintiff, 81, 900.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-27

COL PREKMosr's MIN DO NOT DESERT, THEY DIH
WITH HIM - COL. r. WAS NOT EDUCATED AT
WEST PoIST-THR CENTRAL RAILROAD PUFF
YoR rHE "THIRTY YEARS VIEW"
From the Washington Inteliigencer MAY rs.
In your paper of this morning read telegraphc
despatch from New Orleans, giving an abstract Of
the news from California brought by the steamer
United States, in these Words
"Col. Fremont arrived on the 18th of April, with
only twenty men, the greater part Of them having
deserted after crossing the Colorado"
have TO remark upon this Geographic that, like
all the first reports given out about Col. Fremont it
is disparaging TO him; and like all such dsparagng
accounts, is false to the extent of the disparage
ment. This Is upon its face. II says he arrived
in California with "only" twenty men. Very well !:
that much is true. He set out with only twenty
from Paroan and, as he went through wilderness,
he had no chance to get more. He set out from the
United States last fall with ''ony" twenty-one men,
and of these died after he reached the valley Of
the Paroan, which leaves only" twenty. Now for
the deeelters. The telegraphic says the greater
part of his men deserted after crossing the Colora
do" This is false. Fremont was not educated at
West Point, and his men - whether Americans,
Germans, Irish, French, Indian, mulatto or
black-do not desert him. They die by him,
but never desert" As for this particular story
Of desertion," it is as ignorant as false Fremont
and bis twenty men were seen by Babbitt after
they had crossed the Upper Colorado at Paroan,
nearly two hundred miles west Of the Colorado;
and Fremont wrote letters home (Which were pub
hshed) slowing that his entire company CID mad
all arrived there-one to fall dead from his saddle.
The Geographic is probably true in this that Col.
Fremont had probably arrived in California the 10th
of April. He left the Mormon settlements Of the
Little Salt Lake and the Santa Clara meadows
about the goth of February to explore new route
Tin that part of its course) for the central road and
would be occupied some two months in this new ex-
ploraton 1t is probable, therefore, that he had got
through by the 10th Of April. We rely upon that
much of the teegraphic to be true; but repuse the
desertion part of the story as false and as an as
persion upon Fremont, from which the conduct of
his men in all time past should exempt him. No
man ever deserted from him. His men die with
him, as for him; but never desert. He was not
educated at West Point. And II any person wishes
to know why the United States army has been in a
state (nearly) Of dissolution for some years past.
they have only to read brief letter from Mr. Macon
to me, printed in the Thirty Years View at page
tary Academy" Respectfully, gentlemen,
Your sbedient servant
THOMAS H. BENTON.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-27

talked about the Jackets before after spoke about
the picture think after the jackets spoken about
know whether she told me; % she occupied Tia
front apartments ALSO she said she sccupied the whole
Of them she said she was going TO let the front roo.
the front room; might have spoken Of other tngs;
have told the substance Of what said do not
collect whether asked her TO 90 and get me some water
DO not recoect anything about some water can't
swear about the water; am not positive; might have
ether things after speaking about the jackets nothing
particular induced to talk about other things; the
asked for the jackets she said Idonit be in hurry
stay little longer" did not see the Jackets: all the
about the jackets between nine and ten
O'Clock; do not remember whether the bedroom door
was open when went into the room think Mrs Role
ter was sitting she might have out and came back
sat in the chair did not the bed nor when vake1
in the room; i know there is . bed In the bed
room; we both went to the bedroom door together;
in hand; did have hold Of her; think she had on
nightgown when / went into the room she NAV nave
else on; did not examine what she had on; when "
went into the bedroom she had q light In her hand-
do not now recolect whether It was candle lamp
/ do not think1 in the two minutes before
was attacked the impression had was that she was
going to show the front ROOM when was attacked
was 50 badly beaten both rushed in at oncsRoists
and Lewis; suppose they called me - OF b---b;
can't rseollect; know they beat mel was standing
by Mrs. Roleter when attacked; the bedroom
very small there for two persons 60 abreast
from door to the ether alongside the bed when they
came in not near the bed at ALL think might
have looked at the bedI can't say think the coverle
was white-I took notice OF IT. saw shilling
piece the next day. which clamed 1t was found on the
not have my coat of; did not lay my vest trunk in
the room; ] did not in sny manner undress myself;
INST saw Mrs Roeter with her nightgown when aha
came to the door; do not know that she made anJ
change of dress.
The witness was asked to stand up.
tot oato an 1,oH< y1aH Ia
not know whether she had It ON when went to the
DOM; had the same coat have now, but another
vest.
The examination was adjourned until Il O'Clock to-day
An application was made for Mrs Roleter to be admit
ted to ball. on the ground Of her Ill health. The Judge
IL.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-27

TnE NEwBuRG RAILRoAp.-At meeting of the
<lucctors Of the New York, Newburg and Syracuse
Aedlsoad, (ays the Syracuse yournai,) held in that
getty ilst week the articles Of association were 30
scnd 70 read that the road Is to be constructed
ESa.In seed and operated in the State OF New York,
-upci Inc to commence at some point in the divi-
sion Ae between the county OF Bergen in the State
OF Nef ierey, and the county Of Rockland, in the
State o. New York, and running thence through the
counties Of Rockand, Orange Ulster, Delaware,
i0tsego, Chcnango and Madison TO the city Of SYRIA
rcSs, in the county OF Onondaga- IL was further
sesoycd that the line Of this road be located to
IRON Cornwall along the shore of the Hudson river
g. Piermont, provided that the citizens Of Rockland
c)tnty subscribe or procure TO be subscribed - the
capita stock Of tho company the sum OF 81 900 00)
o. orbeiore tho 20th OF June next and also proyd-
G. t.lat such lns be toaal practicable.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-27
U. District COurf-In Admiralty.
Decisions by Hon. Judge Ingersoll
COIyJSr0y HrrrwrRN sTRAMRoATa

MAY 25.-Henyy Koclcr vs The Steamboat Trans6oSt-
This suit was brought by the beant as owner Of ths
steamtug Sarah Brown, to recover the damages
aimed by the steamtug in collision with the Transport
The tug was coming round Castle Garden, and heading
close In for the pier at the foot Of Eighteenth street.
The tide was half ebb and the time about midday The
Transport which Of the boats of the Camden and
Amboy Railroad Company, pushed out from her berth
ure and about sixty feet, Of her LENGTH
outside of the pier when she struck her stem by
able damage. The Transport moved out slowly and her
engine was slowed, stopped and backed.
was held by the Court that the Transport in
fault. She did all that she could do She had but
course to get out Of the slip and in her then situation
and disability, in position analogous to that Of
nsS snd
santy coming out Of that pier and that precauion
necessary in passing that point and besides the Trans
engineer of the tug not at his post but the up
per deck The tug had the whole river to the east and
wind free That it was therefore the duty Of the tug
to have kept out of the way That she could
80 and that her duty In this respect neglected
costs.
ACHIEVEMENT FOR sAIvAGB-cHARrTRKR
Thomas Bell Thomas Hunt-This suit was brought
on an alleged agreement for salvage. The libellant al
legged that the respondent the cbarterer OF the steam
boat Cricket, which between New York and shrews-
bury in the summer Of 184s that she got aground ON
Shrewsbury bar, and the bellaa employed by the
respondent to get her Of for which he to receive
the sum Of % 1885, and half that II he could not
get her off, but got out her engine and machinery that
he did get her of in safety and been paid BY the 70
spondent on account the sum Of $4,000, leaving b.
lance due for which suit brought The respondent
denied that he the charterer Of the boat but said
that she by her owner, Curtis Peck; that Al
agreements with the lbelant had been made by him
only the agent Of Mr. Peck and the money pxd only
IN that capacity and he denied any liability his part
The Court on the evidence considered that the respon
dent had given the true statement of tho case and
missed the libel, with costs.
sUPPIIn-pMAUIr.
Peter Mcpherson, ct. al u.s. the Bark 7uleyrdnd--
This suit brought TO for supplies furnished
to the bark. The furnishing the supplies not de-
MED but 1t alleged that they we're furnished ON
credit which had not expired when the suit brought
default being taken against the claimants motion was
now made to open the default The Court denied the
motion,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-27

At the meeting Of this society held ON Thursday even
ing last at the rooms of the Board Of Education the
following resolution unanimously adopted
Resolved That the President, Douglas Ienangws, BE-
Others to further the designs and purposes Of the
In accordance with the above resolution, Mr. Lsning-
well has issued appeal to the merchants OF city,
from which quote ~ follows,-
An institution, recognised IS supplying certain want
mind~has direct claims upon the patronage Il The
munty it's intention Is to benefit The effort to bring
forward lyceums, Is prominent feature Of edusa-
New York City Literary Union Is such institution Its
direct object il TO establish class Of associations which
waste. Of hours 10 nOa 'nS
literary societies, class Of associations which shall
meet young men as other forms Of social life meet them
the theatre with its superficial the
card table with its ruinous exctements-as each resort
Of of dissipation with their fascinating
degrading tho parlor or the church meet
them, when first they go out into what we call society.
Our object not to draw your clerks from their bust
mes: pursuits to make them any the less attentive
man is clerk, and expects to become q merchant, it
does not make MIN any the less intelligent being and
does not make void his responsibility such. It
would be discredt to the mercantile class nor would
the wheels Of commercial enterprise any rapid
ly, You should build around you class of associations
whose tendency shall be to give to the mercantile mind
depth and massveness 1t cannot boast of, and
which it is most unnecessarily devoid of-which shall
tend from the mercantile community as class
the rproach Of being the least intellectual class in the
whole communication bear that reputation. soci
ETY. is blessing we should seek in its highest forms
in its best phases does not 90 meet your clerks On
every side society tempts them by the pIoer OF
ment and of low pleasures and presents but few ncen
ves to virtue and the cultivation Of the higher graces
OF life. If you approve efforts, remember that
ciety gave the means Of making your princey for
tunes and that the best return you make to give
your aid to those efforts which grid society about with
which tend to reveal its higher objects and
better phases
We trust this appeal win not be unheeded BY the class
m yhOpi Ia sfa
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-27
Fatal Railroad Accident In New jersey.
OUR ELIZABRrHTows CORRESPONDENCE.

ELZABETHTowS, N. j., May 26, 1854.
About halfpast one o'clock p M. yesterday, as
the eastern down train was passing the Catharine
street depot, man was seen approaching the en-
CINE The engineer observed his movements, and
Supposed that he would get out OF the way but,
unfortunately, he did not. and his body was caught
by the cow-catcher and whirled with tremendous
force under the driving wheels.
The engineer, upon seeing this, fmmediateiy 10
yersed his engine and us d all the means within
his power to stop it but il was too late the untor-
tznate man was cut 70 pieces Ills nianSied remains
were strewn along the track for some distance,
which gave melancholy PROOF Of the awius termina-
ton OF his earthly career
As soon as the officers of the Central Railroad
were spprised OF the event. the assistant superinten
dent Ir. VIM. H. Thurston, summoned the
vices of DR.. JAS S. Green, Jr, who repaired to the
scene of disaster. ii IS services, however, were not
required. Every effort was made to ascertain who
the man was or where he came FROM but to no
effect. At late hour last evening his remains were
consigned TO their final resting place by those who
took charge Of them.
The Coroner, Dr. J. @. Stearns, held an inquest
at Mr.. Seiples hotel and during their investigation
they censured the railroad company considerably
for running so fast through that portion of the
town.
As general thing, the engineers are very careful
on this road, and / do not agree with the jury. 1t
was utterly impossible to save the man, when, to
appearances, he voluntarily threw himself before
the engine.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-27

The adjourned meeting Of the delegates Of the different
democratic bodies forming the United Liberal Society,
was held on wednesday evening at Pythasoras Han,
Walker street.
At halfpast eight o'clock Mr.. Aschenbrsnnsr was
called TO the chair The minutes Of the last nesting
were read and approved.
immediately after the chairman read letter from the
United Free Germans Of Ohio in which they advocated
the necessity Of establishng democratic German
paper 70 be published in the English language With the
view that it would act mediator between tho free
Americans Of the United States aad the Gwmsls.
was ordered that the Communication be inserted "a
the minutes.
long debate took place the question 81 the pro-
piety of calling meeting of the different peoples
situation Of the Union.
Colonel FORBES remarked that the sending q elected
delegates constituted sufficient ratification.
1t was decided that no meeting should be held.
The question Of the appointment OF secretaries for
the transaction of the business Of the society post
It was resolved that the future meetings Of the body
be advertised in German and French newspaper and
Colonel FoRnns said that at the last meeting com
mittee had been appointed for the purpose Of reporting
Gsty. Two members Of that committee had met, but
they did not in the absence Of three
coeagues-that they should assume the responsibility
of advising the body matter Of much i'm portance
1t decided that general meeting take place each
guar Of That matters referring the
policy politics of the State Of New York be kept
fully distinct from those referring to politics affecting
the United States government Colonel +. then read
programme forwarded by the Massachusetts, Aid Society
Of Boston, showing the plan they had in view for for
warding eigrants the Kansas territory The society
resolved sending all settlers to Kansas in preference
to Nebraska the former further South and they
think that Il population go South "the North viii take
Quoted by joint stock company looking for profit from
speculation; and very lengthy programme set forth
arise from pioneer migration to the State. The
Colonel stated that similar society forming in New
York. The programme considered, and notice Of
1t ordered to be placed on the minutes.
Senor ToIoN handed in address TO the members of
the Cuban Atheneum, requesting their attention to the
observance of the rules Of that Body which worked for
the good Of Cuba and her people
After transacting variety Of other business, the
meeting adjourned.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-27

DEATH CAUSED RI ACCIDENTALLY FALLING Down CKIaAn
wAY-yesterday Coroner 0'Donnell held inquest at
No la West Eighteenth street. the body Of Louis T.
smith, native a New York. aged 4s years, who came
to his death from injuries received by accidentally fan
ing down into cellar deor way Tuesday last in front
The deceased in the employ Of the said hrm bat not
believing the trap was OPEN stepped off, and preci
psted TO the bottom. verdict was rendered by the
jury az death from conclusion Of the BRAIN caused
by accidentally fapns into cellar atNo lss Esath
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-27

Iowa ABRoAD.--We learn from various sources
that the emigration to State the coming fall
will be greater than that Of any preceding season.
From Ohio, Kentucky and Indiana, the tide will be
Southern States are opening their eyes at the great
advantages offered to the tlcrs OF the soil by the
unbroken and unentercd lands ofIowa-Bmli1gion
ZHsgydpb
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-27
Court OF Special Sessions.

Decisos Of the Court in the Case Of John d. NcGrscor
AVID Otters-ln this case where the defendants were
charged with having committed assault and battery on
the person Of Louis NJ Glover, his Honor Judge Bsebe
lined McGregor $3.50; Mr. Robinson, s25 and Mr.. Farm
ham, 500 MT Haskins was acquitted Of the alleged
demeanor. All the defendants having paid the hnes
they were discharged from further appearance
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-27

EXPLOSION AT THE SCHENECTADY LOCOMOTIVE
woRKs-One Of the boilers connected with the Science
tady locomotive works in that city, exploded the
goth inst A portion Of the roof OF the building was
blown out, and much CONSERVATION ensued among the
large number OF workmcn. Several OF the workmen
were injured, though we are without particulars.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-27

During the recent visit Of exPresident Fillmore to
Atlanta Ca among the servants who waited upon him
at the atlanta Hotel the famous Henry Long, Who
il viii he remembered, the hrst fugitive slave De-
ev York there was raised so great IN excitement.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-27

The SAN Francisco TESTIMONIAL FUND IN PILL
ApHLrHIA.-The committee appointed by the con-
tributors to the San Francisco testimonial fund.- to
audit the accounts and report the distribution Of the
moneys received, report that the total amount col
ected in the city and RENTED to the treasurer from
abroad is sl0240 so, which has been distributed as
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-27

NAY o6-Admissioa 10 the Bar Theodore B. voorhs
was this day admitted 70 practice attorney and
ognssuoE atar In the several courts OF this State.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-27

Of the watch was identiAed1
Witness-My shirt was torn, when my coat and vest
was torn of; my, shirt was torn from the sleeves
Cross examined by counsel for defehse-When went
10 the house the watch In der; when left the
house do not know how the watch was; they took II
from me; the hook Of the chain left In my button
hole; the watch in the left hand vest pocket do
not remember taking the watch out can't recoect;
hand at all the pin in the condition. the pin
In shirt BOSOM the money In the right pocket Of
my pants; il In pocketbook; can't tell the time
others than Mrs Roeter In the ROOM think II was
after o'clock am not positive; It might Be 10 o'clock
can't II was lok O'Clock think It was between
and 10 O'Clock; think Il Was before 10 O'Clock do
not know what well 10; might swear was be-
fore IL O'clock think II before ii o'clock; cannot
positively; am sure II was not at O'Clock when
they into the room; am not sure II WAS not IL
know whether IL a candle lamp in the room; 1t
might nave been q CANDLE the light wss the table,
which between the two windows, away from the
bedroom am certanJ went into the house between o
and 10 O'Clock went into the ROOM and she locked the
door; the picture hanging opposite me the room
chair TO sit down when frst went into the room; re-
manned In the position until asked to 20 and
see the rooms she sat opposite to me, and when she
asked me TO take the chair she had book In her hand
she was near the window. diagram was shown |
to tall to her about the Jackets do not remember what
said and what she replied; spoke Of different things
did not get the jackets that night got them the next
day, when they let me co. do not know how long we
talked about the jackets.
BY Judge Welsh can't say we were talking about
the jackets one minute or m hour
The witness was then reprmanded by the Judge fer
the in which he answered the questions which
had been put 10 him.
Examination resumed-I then told her that she was
Living very eomfoStabe there don't know whshsr No
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-02-04
Forei.n Ports

Passed Ane- Oct &c. Old Hickory Potter from FOOchow
foo Louc0r
Airi sept shout Dee 0sk, reported from ssS'
lCrs supf La lin, which NouroTia Nov p
In tie tisht Benin Dec !. lark Esgle : ms,
At Accls Dee j. ing Loliss, Nebhe-. fer salem
Ar az Hayre Jsu. g. bg 10 ise. (Fr L. Boston.
Al FeiItmboo brig Breeze OuteIbTicg fof PLiladel
rh t Two days culy Al. wees
A. Jau H. ships Severn from New k FOR San r'r-
cico rted, Hermann Skinner condemned and SOD Coa IN
from Clz for r. s b. two DAYS MIA LeotoI rep
Coon do hri.s p Perkins Gan for Turks Island. IN
Nv. ces: JChu GO rsts d- NINla Cooper or AlAa-
fs dvs Lucg Chcsc Cock for Z Donugo sarah Foos
Nor r Jsct B0fsrs Abbott for TURKS Islands sane
os, Iesna1n Niulu c. for sarinsn rep,
Ncucy EsListon tGyOEite. Ang7su ., cg sclrs
Prrrttro ned and sd; Friends CO put in
with crew :. D. HaIt Usher s'mr Bay State Wsftle
T., a New ! ok o. SAL FralciscO repR.
SD m Black Rscr Jamaica Jaa II, brig Warren Bartlett Fal-
mouth Jam. 10 Iced for Se~-l0fk -
Ar scLr Leco1i ELs I'm Poftau-frhce oE
Bos;on Tut in with her crew sick -
AR AZ horton y ; Jan. g. schr MsOlI PGmuIer Salem.