davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08
TINE AlLEeeu CLERICAL pIcKpocKfr.

Opinion OF Justice Dodge On the Adnaissi-
bility Of Evidence 20 Coed Character
The Case still Further Adjourned.
The court room u Jefferson Market crowded yes
terday afternoon TO IL utmost capacity by highly
spectacle asssmbags for the purpose Of hearing tho
continuation Of tho cass Of the Rev. George T. VIII
ans charged with picking ladys pocket, which came
up on adjournment from the day previous
On the opening Of the court Justice Dodge delivered
the following opinion 1.-THE court ON Yesterday sd-
ourned TIL this afternoon for the purpose Of expressing
which raised novel and important question, namely.
whether committing magistrate, - such, could admit
testimony on !he part o. ne accused ssablahins good
court 10 OF the opinion that the views expresssd
by Mr. Bedford, as regards the inadmissibiIity Of
most extraordinary and peculiar cases. have deemed ID
but proper from the very commencement Of this inves-
the question Of character TO allow great latitude in the
Investigation Of the therefore, after mature re-
Fiction, willing TO allow the accused TO offer adavits
Of character which may be annexed 70 tho record"
When the reading Of the opinion OF the Justice had
been concluded counsel for the prosecution asked per
mission to offer testimony rebutting the testimony
which, by the opinion OF Honor the accused per-
mitted TO offer.
Justice Dodge agreed to allow the evidence in rebustai
whereupon counsel for the accused stated that he
PEELED the decision Of the JUSTICE he asked for no avors
and would accept no compromse he stated also that the
counsel for the prosecution had written parties in vr
gnia for tho purpose Of rakins up, II possible some
thing defamatory 10 the character Of the accused.
counsei ior tne prosecution caed the gentleman 70
order on the grounds that be making personal
attack which uncaled for and in wise connected
with the case He said he willing TO allow the tes-
mony as 10 good character to be presented and would
waive the request 10 offer rebutting testimony.
Counsel for the accused asked that the question might
be decided, so that necessary he might cerorar the
case before the Supreme Cnurt; but the offer Of the
counsel for the prosecution being explained linn, he
s'Enihed his willingness TO go with The mme-
daiey On motion OF Assistant District Attorney Bed
ford, Of five minutes taken 10 permit cOuu
sci TO examine the testimony in the case.
tla ueenfgi l,iQv nf t,n f>-
cused asked for little further mc In order give the
testimony due consideration, and TO procure aldavs
TO TIE previous character Of the accused Counsel
prosecution agreed 10 the request Of the opposing
sci; but as they failed o. agree upon day, Justice
Dodge named Monday, the lTt nssan at three O'Clock
the afternoon for the contlnu atOn OF the case
sci for The defence tue file the promised
atHdavs Tho case tlereupon adjourned until
Monday, December II. at three o'clock IN the afternoon
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08
UNITED STATES DISTRICT COURT.
Condemnation Of a Shaver.

Before Judge Benedict
The United States Me Bark Kate, Gc.-This vessel
seized in July 1860 just she about TO sail for
the coast Of Africa suspicion of being designed for
the slave trade After the proceedings to enforce her
forfeiture commenced Mr.. Charles p. Lake, the
claimant obtained her release by giving the requisite
security, and the vessel started again her original
voyage. Before she got ont OF the harbor she was
seized second tine and proceedings again instituted
for her forfeiture for the new offence
The second action brought TO trial first and took
place In November, 1860 resulting In the condemnation
Of the vessel The carried by appeal to the SUI
prcne Court Of the United states, which affirmed the
condemnation. The first suit being still pending. IL
was brought for trial at this term by the United
States Attorney, but, appearing behalf Of the
claimants, the Court motion Of Benjamin X. Phelps
Assistant United states District Attorney, ordered the
condemnation and sale of the vessel by default.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08
CONDITION OF THE SOUTHERN STATES.
Al a B A N A..

The Governor Of Alabama i'm Favor Of the
Constitutional Amendments.
MoBLE, Dec. 9, 1905.
special despatch toths Aduerisey and Register, dated
Montgomery. Ala, December 8 says:-rhe Governor
sent message TO both houses stating that events Of
vital character transporting in reference
relations with the Union and expressed his apprehen
sion that the stability Of affairs might be suddenly
broken up by the radicals who we're determined at all
hazards to enforce their terms Of restoration, and
threaten TO reverse our progress towards tranquility
The cardinal principle OF restoration seoms bc
able action the constitutional amendment He thinks
its ratification necessary and suggests that full
storation may follow.
The Senate referred the message to the Committee
Federal Relations The House adjourned pending its
consideration Of the message, the contents OF which
caused much excitemenL majority OF both houses
opposed ratification.
Judge Busted decided that payments of debts in Con-
federate money were void
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08
COURT or GENERAL SESSIONS.
Before Recorder Hackett.


NOTORIOUS HORSE rHIEv SENT 10 THE srATu PRISON.
The first case disposed Of yesterday Indictment
against william Duly, who tried and convicted Of
stealing horse wagon and harness valued ct $780, from
the livery stable Of George shipman 2e2 Spring street.
He hired tho turnout ostensiby for . drive In che
Park, and gave the singular name Of smith. Nearly
four months expired before any trace OF Duly was dis
covered, who, when arrested, Information which
led to the recovery Of tho property In New Jersey Mr.
Keepers great risks IN letting horses and carriages
and they should be protected The Recorder In passing
who informed him that Duly was . well known horse
thief and was associated with parties who carried
this species Of larceny in New York. The highest
penalty which could be inflicted for grand larceny
awarded-viz. Ave years imprisonment in the State
Prison at hard labor.
John Wheeler, charged with stealing $50 in money
and $3.50 worth Of clothing from Herman +. Schroeder
16 Leroy place. the I'd OF November pleaded guilty
to an attempt at grand larceny He sentenced 70
the State Prison for two years and six months
ALLEGED TE1osIsUs ASSAULT.
do bodily HARM being charged with siabbing boy named
James Flood $40 Water street, in the arm with pocket
Herman Wagner who was indicted for stealing on the
9Th Of October Of carpet stretchers worth $32
owned by B. @ Davis pleaded guilty to attempeat
There were mitigating circumstances In these cases.
and the Recorder learning that the prisoners could fur
nsh evidence OF good character the sentence was post
poned.
WESLEY ALLEN IN PRISON.
On Monday last the case Of Wesley Allen was called,
and the accused failing appear the Court ordered the
bail to be forfeited and issued bench warrant for his
arrest II that the defendant heard OF this for
yesterday afternoon he the clerks room and
delivered himself up, demanding trial. The was
set down for next Tuesday. This party is known as
Wesley Allen alias Charles E. Hart alias Charles Lang
ley. alias Robert Macare. He convicted in June,
1885, OF stealing q watch from Leo A. Sweet and !.
fenced by Recorder Hoffman tho State Prison v
years. was subsequently pardonod He is now charg
ed with stealing watch and chain, worth $780, fr
the room Of Louis Lndovice, in the Hoffman House. on
the 18th Of September
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08
SPECIAL TELEGRAM 70 THE herald.

Refusal of the Legislature TO Rafify the Com
siitutional senator Parsons Adj
viscs it's Rejection from Washington.
MONTGOMERY, Ala, Dec. Z, 1856.
The Legislature to-day by joint resolution refused to
rafy the constitutional amendment The defeat OF the
measure is mainly attributed the interference OF scna-
tor Parsons, who sent telegram from Washington to
tho eject that President johnson still tho firm
friend Of the South, and account 10 ralify the
amendment.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08

Seizure Of Whiskey In Jersey City.
Twentysix barrels Of Bourbon whiskey were seized In
jersey City BY Mr.. Higgins, Assistant United States A.
ses Thursday evening but during the night seven
barrels were secretly taken on An Intellectual attempt
wasmade BY two gentlemen from Front street, New
YORK % obtain the liquor Justices ORDER Frank
g. Brown, representing himself az Deputy United
States Marshal Afterwards appeared the scene and
eezed the whskey but this ruse was soon discovered
and Frank saw whom late he had "caught Tartar
He now custody the Of the contrabsnd ar
ticle on his own confession.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08

arrived here for the purpose Of looking amer and
eartAing fraudulent dsterea With the aid Of C0lleo
sor Woods assistants his efforts have been highly
cessul Up the present time less than fifty disti
lere large and small have been seized suspicion Of
being engaged In Illicit trafnc, and watch has been
placed over each Of them until their cases can be pro-
pery investigated BY the Collector An immense pressure
or influence has been brought 70 bear by the owners 70
effect their release but Of course al 70 no avail the
WORT 10 still progressing
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08

adsvt against those ahead OF me- they would have 70
TO save themseves
The further hearing Of the case was adjourned to the
18th inst
A Refractory Witness Becomes Pcnltent.
Before Commissioner Osborn.
The witness J. Frank Stewart alias Goodwin who had
been committed 70 prison for twentyfour hours for CON
tempt Of court in having refused 10 answer certain Quss
tions which the Commissoner held to be proper ap-
peared yesterday and having replied 70 such interoga
tories q were put 70 him. he released from custody
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08
SUPREME cuusT-cIacuIr-pART 3.


a Lady sues . City Railroad Company for
she Loss Of Limb, Laying Damages Mt
$4,000.
Before Justice Mason and Jury.
CdroIine Resvd Hc SepeNih Avenue Railroad Com
pGsy Tho plaintiff in this action is lady residing in
Greenwich avenue, who seeks TO recover the sum OF
for injuries alleged 70 have been sustained while
spdeavorng TO enter Of their cars and in conse
quence Of which ampuntiop Of limb became necessary
The complaint sets forth that the lady had for some
simc previous 10 the occurrence been suffering from
17th Of June, 1885, she had so far recovered
- TO be able 10 walk out with clutches
On the morning Of that day she left her residence TO call
On her physician, and sgnaed to the conductor Of
Seventh avenue car to stop The was stopped and
while the lady was endeavoring 10 enter it tho
Asctor pulled the bell strap and the horses started
Vas unable to let 90 her hold Of the hand
MI or 70 enter the car while in motion, and that
- consequence she was dragged some fifteen or
Inc she kss one Of her
gentleman who was standing on the platform.
THIS gentleman called the conductor TO stop tho car
when he saw the dangerous position of the Indy, and
The car was stopped, and Mrs. Rexford assisted
board By two gentlemen and rode to Twenty
street, whore she alighted and proceeded 10 her phys
etan. Her injuries stated TO have been severe,
sna by rsasos oqd ,bsm her
Vas afterwards despaired Of Inflammation of the knee
became apparent and amputation OF the limb
eesStaied AZ the time Of the accident the conductor
wns on the front platform with the driver and the
ylaint alleges that both Of them her. The answer
b general denial OF all the alterations
Drs Carnochan, Hamilton and Ward, for the plaintiff
ware examined at considerable length relation tho
nature and extent Of the injuries sustained and whether
she amputaton was superiDduced by thonL Dr. J. II.
Carnochan stated that the operation was performed in
eeder 70 save the life Of the patient and thai
n for time doubtful whether she would MOI ev en-,
finally suoCumb Gaze still on
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08
Action Against mn INSURANCE. Company 10 Re
cover ON Policy Of Insurance.
Before Judge Mullen aud a Jury

Edgar Ryder rs the Commonwealth Fire Insurance
ces.po1y was an action apocy Of
soe building No SO Fulton street. belonging plaintiff
Dy Ore which occurred June 4, 1864 thu building was
considerably damaged, The company elected 10 repair
the building and employed builder put the building
U - good condition vs. IL at the time OF the Gre
1ne paintn, being dissatisfied With the which
Ne work was done, instituted this suit claiming as
Aamages $4,000 the amount of the policy and IN
question ngated the trial. which lasted thres DAYS
Vas whether the company had substantially replaced
she building. Considerable evidence given tins
Point ON both sides aud tue company held that tho
plaintiff At the time the builder claimed that he had
hntahcd the WORK, and while dispute pending
whether this was true had taken possession of the
building against the consent Of the builder and the
company and excluded them both refusing TO allow
my moro work upon IL, and had thereby forfeited all
Saajm Tor any defects ia the work The Justice sub
Dittcd ell the questions the jury who after short
absence, rendered verdict for the defendant
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08

The Alabama Press the Amendment.
MONTGOMERY, Dec. O. 1885
The papers Of this State generally oppose the recent
position taken by Judge Buseed in favor of the adoption
Of the Congressional amendment and charge him with
having abandoned tho interests OF the people whom
he Processes to represent.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08

taken III with during the night which resulted IN death.
The jury returned verdict accordingly.
ISczsDiARms At WoRK AGAM.-A IRE was discovered
q two O'Clock Thursday morning in ftame COTTAGE
ON Osgood avenue Clifton, owned by Nh. Keely. The
building and contents were entirely consumed.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08
Action for injury To n Horse.
pnfnrn Induc AIlcr aud n Inru
COURT or OYER AND FsaMlHsa.


charge had bcsn preferred against James Harris Of
having stabbed named Patrick Mullen, on board
Inc ship New World. The District Attorney accepted a
plea OF manslaughter the fourth degree Judge Bar
nard sentenced Harris TO two years imprisonment with
hard labor IN the State Prison.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08
srAJen sllxu INTELLIGENCE.

1Sorrsr Coroner Conner held an Ipoues, few days
since on ebody Of Mesa Androveii Of Krccsve Who
found deed her bel II appears the deceased was
subject 70 Dts one OF which, u " supposed. she
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08
SUPREME CouRT-CIa CUlT--PAaT |.

n sseckhoIder Sued by an Empisyc for n
Dehs Of the Company-The Plaintiff Re-
ssvers.
Before Justice G. G. Barnard and a Jury
ytssasis O. HoUsy EbenesU Bsadleston. THE COM
s,ams In this case set forth that the 18th day Of Feb
yussy, Isss, company was formed BY and under the
ss~s az this State, under the name Of s'The Mineral
rsans Petroleum. Iron and Coal Company that on the
81 Of March Of that year the plaintiff entered into their
employ e secretary. 1t salary Of $4,000 per annum
ard as q the expiration Of his term Of service he had
nIy received e556 the balance OF 900 being still due
g fsgmer suit the plaintiff had obtained judgment for
% amount against the company, but there was mot
pespsy 6aicient 70 satisfy his judgment, and he
xm suit against this defendant stakeholder In the
Osnpaay the extent Of $3O0 for the amount with
inlses under the provisions Of section eighteen Of the
~ Of incorporation.
The defence held that plaintiff had at various times
pegformed work for parties outside Of his duties
Sssasy Of the company for which he had received COM
lsnen, and that he was not consequently entitled to
he full alnount
~ direction Of the Court the jury found for the
plaintiff IN the sum Of 81 $40 81 without leaving their
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08

sAvAsNAH Dec 9, 1860
The cotton crop accounts from this State are les.
favorable though some Of the planters are widely at
variance In their statements. The majority, however.
express great disappointment at tho result Of the yield
which has turned out far less than they autc paed
fore picking
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08
GEORGIA.
The Stay Law.

SAVANNAH, Dec. Z, 1904
Tho bin passed by The House known - the "ssay"
Law, and which postponed the first payment Of debts
until January 1885, was passed BY the Sensts Of this
State yesterday.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08
VIZ Gi MA.
SPECIAL CORRESPONDENCE or THE HERALD.

RICHMOND, Dec I, 1866.
In recent letter 10 the HxRAip from this city refer
red briefly the msmanagcment Of tho railroads OF the
State their enormously high fregh,s and fares and the
general unob!gny disposition Of their officers towards
The people 10 Northern man coming into Virginia IL
appears strange that tho railways have done little
accomplishing tho general agricultural commercial and
mineral prosperity Of wha, might be made the garden
spot Of tho Union Virginia, with her great water
power unequaled mineral wealth and delightful climate
should long since have gone ahead OF Pennsylvania
Her failure 10 do so cannot be attributed altogether 10
the existence here Of slavery. bat to the want of
proper liberal management OF internal improve
mcnis The possession OF lines of railway and water
communication Is regarded by railway managers In
their shorts ghtedness end OF commercial great
and evidence OF having attained the greatest
good In the development Of resources. and the
people are forced 20 pay for the use OF railways
as luxury Hut Il is plain that this day OF prog
commercially and agrcuturaliy and not end. that il
Is remarkable how this fa.t Ia ignored by railroad
officers in their dealings with the people To show how
our people are imposed upon, viii state that q passcn
ger from New York with through ticket Virginia
roads pay about three and shalt cents per mile on these
roads, while the Impoverished virginian 10 whom in
great measure these roads belong visiting the capital OF
his own state Is charged Eve, ak aud cents per
mile could nil column with instances Of the narrow
miudciness Of the policy observed almost every por.
ton of the state We want general dccapitation OF
VIC oid worn Out railroad nen-worn out IN depressing
enterprlsng TO al their places Virginia win never
attract capital emigration.
The usual amount OF conecturing with regard 10 the
steps that viii he taken by the Legislature with view
10 tho assumption by the state Of her federal relations
Is INDUCED, hat say what win most probably
be done. There are number OF members who would
willingly vote for the adoption Of the amendment o.
Congress, but u y quite doubtful whether they cnn be
persuaded under tho circumstances show their hands
The VII and temper OF the majority VIII no doubt cayen
the whole body.
The Governors recommendations are all right but his
influence Is 20 Ight that be might well present
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08
NEW YORK HERALD, SATURDAY, DECEMBER 8, 1866.

moro calculated 10 enlist tho sympsthies Of the Morrill,
and secure the admission OF Alabama 70 the Union again.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08
TINE COURTS S.
SUPREME COuaT--CHAkBesS.


hrs WM r. Babccck-Ths was an apph'suon io'
a.. ,ae.s an hail of the petitioner who was alleged to
-. ~. 4, nossession Of about $3.50 worth or the
SSs sScisn from Rufus L. Lord On motion Of the Dis
sscs ittorney who not ready 10 proceed with the
- n wss al over until this morning at ten O'Clock
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08
THE WEEKLY HERALD.

The Cheapest Newspaper aud Bees; Literary
journal in tho Country.
The WEEKLY HgGALD for the present week, rea iy
contains the excellent story entitled:-
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08
Action In the Florida Legislature.

TALLAHAFsxf, TIA, Dec o, 1906.
The House OF Representatives Of this state have
taken mp the rcpor, or tho committee 10 whom was re-
TERED the proposed constitutional amendment and BY
unanimous vote agreed 10 that report The report ID
will be renemosrcd recommended the rejection Of Tho
Amendment.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08
Ous MONTGOMERY CORRESPONDENCE.

Legislative Proceedings The aucstion of
Qualified Suffrage and EgWal politicnI
Righis--Briwht Prospect Ahea,;-A,aba,,n
Coming Out All Right Great Chnnge IN
PnbIic sen;incnt-Union Feeling Largely on
the Increase. &c.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08
"A GHosr Al GARRlsoNs,,
"a LONG swIM.

WRITTEN FOR rnE wtRKLs nsR.LD,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08

The Governor Of Alabama i'm Favor Of the
Constitutional Amendments.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08

. 'thAf stutFS ~ nti1r .riIls ~ rfonEtyy
Apcui rceS a9o special ssent Of VIE Treasury
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08

PoTrRY-'AS AcRosnc," TO MARY A. G., and IA CirT
BlILr's soNe," all written for The WEEKLY Herald.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08

-----------
.NY
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-03-23

sale OF Government Vessels.

FIVE STEAMERS OFFERED AND BUT ONE soLD--rHH
orHsRs WITHDRAWN IN CONSEQUENCE OF Low
BIDS.
shortly after ten O'Clock yesterday morning General
Van yeL the Quarermaster at New York, acting under
instructions from the general government accompanied
by small number Of gentlemen, proceeded in the
steamer C. W. Thomas from the Castle Garden depot TO
the Ere hsn South Brooklyn Tor the purpose OF selling
At public auction four sdewhcel steamers and one pro-
pecr oil OF which vessels had hitherto been used
government transports The vessels offered for sale
were the sidewhesi steamers Illinois i23 tons; the
Thomas Coyer, Ss6 tons; the Empire City, 75i tons
the Net elan, i003 tons and the propeller John Rice
7s2 tons The sale commenced at eleven O'Clock
by Mr. John X Draper, the suctoneer Hut few persons
were present, and the bidding very low and dull
The nrst vessel offered the well known steamer
Illinois, but not receiving bid sufficiently high lust
the selling Of the steamer her machinery was then put
up separately, which finally sold Tor f2l coo sub
cc, the approval Of the government should the
chnery be taken Of the vessel she will probably be
converted into quarantine hospa, boat for this port
The Thomas Collyer offered; but after reach
ing bid Of SIS CO., after slow and cautious biddn g
about ore half OF her real value, she Withdrawn
The Empire City also Withdrawn for similar
reason and bids solicited for the steamer Nc
Clenan. Aler some tedious work tho price run up
AZ high a. f3s 800 and could be started beyond that
hgurv. As the vessel valued ii $4,000 was
deemed prudent 70 withdraw her also, which
IN. steamer John Rio. u. ias, on III. lie. vss then