davidaulloa/AmericanStories huggingface dataset:
The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1867-07-06
STEVENS HOUSE,
y, %. 25 ,G p Ervu1,eny. AZ J.
Opposite bowling Green.
ONTIlE EEUEOpEAS PLAN.

TG1IE STEVENS HOUSE is wei, and widely known
Il to the travelling public. The location is cs-
rccially suitable 10 merchants and business men; il
Is III closc proximity to the business part of the
city--is o" lie highway Of Southern and Western
travcl--an'i .'inccn to all the principal Railroad
AM, Steamboat dcpots.
The STEVENS HOUSE has liberal accommoia-
possesses every modern Improvement for the com
fort for its inmates Thc rooms are spacious and
well ntilaed-provded with gas and wnter-the
attendance is prompt AMI rcspcctfill-and the table
is generously provided with every delieacy of the
scnsnn-at moderate rntes.
The rooms having been rcfurnished and remodel
cd we enabled to offer extra facilities for The
comfort and pleasure of our guests.
GEO. X. CHASE & Co..
june Tim Proprictors.
The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1867-07-06
IN EQUITY.
ORANGEBURG DISTRICT.

STATE OF SOUTH CAROLlNA,) Billto
Tx Rel Solicitor. rcrpctuatc
In Re Lost Documents. Testimony
Application having been made Ivy William II.
Ehncy to prove he existence. loss and contents of n
Deed OF Release. made by William II. Corbct in the
Illusions Lcgarc, Solicitors il is ordered That all
persons who desire SO TO do, may appear and cross
examine the evidence, and introduce evidence in re-
ply before me the 30th day of July a. d.. 1867
Commissioners Onicc, V. d. V. JAMlSON
Orangchurg C. IL. Commissioner.
\prl 80. 1867 may | MI com!
The New York herald., 1867-06-11

in a newspaper establishment in New York. II appears
that at about nine o'clock the night Of the LIST Of
March last he was walking along Bedford avenue D.
front Of the buildings then Of erection by the
defendants who contractors In order IN avoid this
pile OF dirt he turned in towards the buidurs when he
fell into excavation dug the purpose of an area two
the buildings. Plaintiff claimed that there were no
guards about the hole and that there no light from
the street. and but very little from the heavens a. The
night was gloomy one. Vale, it was further
alleged rendered senseless by the fall and in
consequence Of his injuries has since been unable 10
a wife and several children and claimed damages
for these injuries, which we're caused through
the alleged negligence of the defendants. Plaintiff
called TO the stand and testified to the facts
stared that he had not been at work that day but had
been to picture gallery with friend playing billiards
part Of the tme and after drinking four five times
had returned TO the Eastern District about six O'Clock
NJ He could not swear that he did not drink after
reaching this side Of the The physician who
bed few days only. Plaintiff, however, subsequently
visited witness at his Office There some tenderness
about the spne but witness thought that he would ut
mately At first he thought that his liver and
chest had been affected by the fall
On the part of the defence it was shown that board
had been placed from tree the gutter 70 the
pile Of dirt. Patrick Keenan,. who had charge OF the
buildings testified to this fact, an added that he found
the board there on the following morning. Henry
Scholes testified that there gas lamp lighted about
Of dirt and the excavation. Another party employed at
the buildings testified to having placed the board -
above stated The defence therefore. dlscaimed any
negligence in the matter but the other hand charged
that the negligence the OF the complainant
The Jury returned verdict OF $3.50 damages for the
MI
The New York herald., 1867-06-11
THE COURTS
UNITED STATES DISTRICT COuaT.
The Champagne Gases.
Before Judue RlatchforJ

Beiore Judge Blatchford.
II generally supposed among the legal fraternity
practising for most part in United States courts
that the great champagne cases. which set down
for hearing yesterday morning. would be called ON In
duo coarse, and consequently there was a very large
attendance OF that ik at the opening OF the court
There was disappointment felt among them however,
when the United States District Attorney, Mr.. 5. G.
Courtney, addressing the Court asked that his Honor
would make ngcment with regard to the cham
pagne cases. as The continued case from Friday would
occupy tho whole of the days session. There were
great many witnesses present in the was set
down for 10 day. among them several officers OF the gov
ernment, who could not well be sparei from Their posts
OF dnty especially, when the called on, their
attendance In court might be necessary for some DAYS
He therefore moved that the be passed over for one
day.
Mr. Webster would prefer the District Attorney to put
the OF till Wednesday he feared the continued
about TO be proceeded with would occupy the Court
two days
the continued before the court. The Court then
postponed the champagne cases till this morning NJ
eleven O'Clock, al which hour all the witnesses IN the
case requested to appear without further notice.
A Distiilery Case.
The United States ZEN Barrels Of Whiskeg-
The court occupied during a late session-up to
halfpast ve-hearng claim OF forfeiture the part
OF the government nominally against ten barrels OF
whiskey, which, however, involves valuable property
on Henry street, consisting of dsiiiery and all its
working apparatus The seizure OF the property in ques
ton vas made on the ground that there was more
material prepared for manufacturing into spirits than
the returns on the books would Indicate within the
capacity OF the dlstllerv There great number
OF witnesses for the government and for the
defence and at half past five O'Clock the court adjourned
without arriving at the close OF the testimony. The
case will be continued al half past ten this morning
The New York herald., 1867-06-11

any authority by the States TO regulate pilots On sne
contrary the authority OF the States to regulate the whole
subject IN the absence of legislation on the part or
Congress has been recognized from the earliest period
OF the government On the formation OF the Union
there were laws IN force in the different states Dorder
ana at its first session in 1882 Congress passed an act
adopting The existing regulations and such as might pe
provided by subsequent legislation OF the States Inis
case involved the validity or act OF the state OF Call
Iorna which made IL misdemeanor for any person not
having license from the Board OF Pilot Commissioners,
port by the way caed the Heads which leads TO and
from the ocean. II conended in the argument that
the act OF August 80 1852, in conflict with the
provisions OF this State act The Court, IN
decidng this point, referred 10 and commented upon
the legislation OF Congress from the act OF l7S9 to the
us provisions intention supersede the State leg
saton recognzed BY the act Of lIs9 or any nconsis.
ency with the port regulations established by the act OF
Cairornia OF 1901 The provisions OF the act
OF June 8, 1854 and July 13, 1865, are merely
supplementary to the act Of August &c. 1852.
Neither OF them pupor to establish regulations for port
pioage any more than similar in the act OF
August 80 1852 They are therefore, within the rule
tabshed by the OF Jolihe supra In the face OF
tins decision II can hardly be expected of that we
should hold that the State authorities violating the
constitution OF the United States by exercising powers
ton and which have been distinctly accorded to the
State by the supreme federal tribunal It ID also
tended that the enrolment and coasting license Of the
G. Vanderbilt protected the defendant Our opinion 10
that such protection does not extend beyond the vessel
licensed and does not authorize the towing Of other
sells The charge to the jury appears to be correct The
having been employed by another to commit msde-
meanor is no excuse The convection must be affirmed
and the record transmitted to Court below with di
rect!ons TO proceed and render judgment
The New York herald., 1867-06-11
UNITED STATES COMMISSIONERS OFFICE.

Another Alleged Forgery Of Revenue Bond.
Before Commissioner Jones.
tobacconist named Joseph Zellenke, doing business
North Fourth street, Fourth, Eastern District
was arrested yesterday afternoon by Deputy Collector
Tobey warrant issued by Commissioner Jones The
following afdavt made by Deputy Collector Tobey win
explain the OF Zellenkes arrest and the charge
preferred against him.
Eds<yn District Of Ne,c Fork g. Charles b. Tobey
being duly sworn that he is deputy collector OF
internal revenue in and for the Second district OF New
York that on or about the 31s day Of May 1867,
Joseph Zellenke at Brooklyn, " did deponent Is
informed and believes execute and sign false and
fraudulent bond, known AZ tobacconists bond, and
fled in the oce OF the collector Of the Second district
OF New York, and did procure the same 70
thereof, the purport Of said bond being that the
said Zecnke would comply with all the requirements OF
law relating 70 the manufacture Of tobacco snu and
cigars; and deponent believes that said bond exc
cuted Tor the evasion OF taxes on tobacco and cigars
and was used and attempted 70 be used IN fraud OF the
internal revenue laws and regulations and that the said
belief OF deponen h founded the fact that the per
sons named ~ surefce said bond not be found
the places stated 70 he their residences In said bond
deponen has reason 10 believe that said suretes in
CHAs. B. T0BEY, Deputy Collector
Sworn 70 this 10th day OF June, 1867, before me-
SAMUEL I. JoSKs, United States Commissioner
Zellenkc wae taken before Commissioner Jones and
required 70 furnish bail the Of s. 00O to await
IN examination on Thursday.
Alleged Manslaushtcr ON the High Seas.
The case q Charles Potter captain Of the bark Eagle
Who 70 charged with having beaten 70 death one John
Emory, . seaman on that vessel - reported in the
HHaALD OF Sunday, 70 have been taken up yester
day, but was adjourned until Saturday nex At ten A.
~, on motion of DEFENDANTS counsel
The New York herald., 1867-06-11
BROOKLYN COURTS.
UNITED STATES DISTRICT coua1-sasTsaH DISTRICT
Are Stcvedorc's Services Of n Maratim,
CharacterI

Are a Stcvedorc's Services Of n Maratime
Characters
Before Judge Benedict
jams adams Us. The Steamship Circassian Tho libel
in this filed stevedore services per-
formed in taking in and storing and in breaking and
landing cargo. Exceptions are filed TO on the ground
that the services OF maritime character and not
within tho jurisdiction Of the court.
BENEDICT, il confess that never been able to
any sound distinction between the nature OF the
services performed In slowing and breaking out the
cargo Of ship and the services performed its trans
portaton The storage and the landing cargo form
necessary part OF the contract OF areightmen With
ont tue per- rormance OF this duty no freight can be
earned The safety Of the ship and of the cargo depends
in great measure upon the and skill dis
played in i.s performances, and for non-perform-
ance OF this duty in proper manner the ship
liable IN admiralty. II is service which,
when performed oy crew, Is frequently the case.
Is considered maritime service and compensated in
the admiralty under the name OF wages; and when
performed ny the crew II dcvolves upon class clearly
identified with maritime affairs mariners and
fitted for the duty by special and peculiar experience
These considerations sufficient to establish
the maritime character of the services and to bring
within tho admiralty and mirtime jurisdiction of the
District Courts, and were the question should
40 bold But do not feel liberty follow my indi-
vIduaI opinion for although the question for the
fret time presented in this district, II has been
pea'edly decided oy Judge Belts adversely the urs-
dicon and when question, frequently arising in this
part has been thus settled far the District Court
Is concerned nv decisions In the Southern district
consider IL to be duty 10 declare the here
until the rule shall be modified by concurrent action
the part OF the District Courts by the Circuit
Court upon appeal The exception is therefore allowed
but without costs and leave gwen the beant lle an
amended libel with days
The New York herald., 1867-06-11
UNITED STATES CIRCUIT COURT.
Presentmeni of the Grand Jury-Indictnien,s. 5.
Before Judge Shipman

Prescntmeni of the Grand Jury-IntlictMen,s. Is.
Before Judge Shipman.
At tho opening of the court yesterday morning the
Grand Jury entered and through their foreman pre-
sentcd indictments in the following cases.
The United States vs. Benjamin +. Okie-Embezzng
a letter from the Post ONCE; Daniel j. J. Spelman--
Obtaining letters by iraud and deception; Michael Dunn
Obtaining letters from the Post Once by fraud and de-
cepton: Francis Bardong-Uttcrng counterfeit national
currency notes; John Haley and Henry L. Dietrich
Same; Joseph uck-Msappropration of the
funds of national bank: Nathaniel Oakley-Makng
and engraving 4 counterfeit currency plate; Charles
0. Brockway-Makng counterfeit fractional currency
james Russell John Mathews, Henry Cutter and John
Soeger-Attcmpt to dcfraud the United states. The
Grand Jury then retired to dispose OF other pend
ing before them.
The New York herald., 1867-06-11

the names placed in the box by the /erk Of the
Levy Court and the Clerk Of Georgetown scre axpay
or NOT He did not know whether All Sose names he
had put ~ were taxpayers.
Nj. Merrek objected these ones eons II was not
competent 70 80 back and ask Mr. douglas as u what
the ether officers referred 10 had me These officers
had 20 exercise their jndgmer and discretion and
l. WAS to be presumed that the OF one was
o. ail
The Court decided that II a proper for Mr. Pierre
pont TO ask The question.
a RstTss aEp FOR
Douglas said that he had dad away paper containing
IN names OF the jurors nd had searched for it, but had
not been able To ind II.
Mr Douglas then r. Ared from the stand and Mr.
Bradley asked that ~ court take a recess.
This motion took me defence by surprise, and ques
ton lies at the bo of the matierwhether the trial
cannot be proceef ed with ANYHOW unless the
comes from ihe defendant himself He aware that
the current Oh decisions was the other way but there
have peep At Srscns 10 show that IL Is n the power OF
thc coan to- proceed and try case and even to execute
scatcrv> when the prisoner aware OF all the facts OF m
forntg, was ct willing 10 90 10 tai lie asked ume
therefore, 10 hook up the law and see if they could not
60 o. trial wHh the jury now empanelied.
Mr. Perrepont said he would ntepose no objection 10
recess for he had no doubt thai TINS motion haa 'ahen
the defence by surprise lie argued. however, tnat
all parties stipulated and agreed TO go TO trial IN
spite OF any nsormaty, vond still be Illegal NO
stipulation arrange TO make any Illegal pro-
| ceeding stand He doubted whether there we're any
decisions the other way, as his freud Mr. Bradley had
Wr bradley said he did not say there were no, de-
i csions the other wav. lie had heard arguments 10
1 prove that Il was otherwise
| AIR Perrepont aIain argued that conviction or ac
quitt.ll hy jury Illegally eGpanolied would be void.
| Mr. CnTrnst0n said he had objection TO interpose
10 Il posponemcIi He could not, however, 20 to trial
IN so important this with any doubt upon his
mind to the legality OF the jury that would try the
| case.
! Mr. Bradley wanted to know what would be done with
the Of all the men VINO had been executed upon
the verdict Of lnries empaneled IN the same manner
| as this oni was
Mr. Perrepont said he was not responsible in past
/ cases bnt he responsible
/
ever been hung oy jury empanelled in this informal
| way.
| Mr. Bradley begged his friends pardon; at least
| dozen had been thus hung
Mr. Carrng,on said that that then it was time
| to correct the evll.
MI. Bradley said IL interesting question for
the Court aud he desired look up the law upon
this point
ADJOURNMENT.
The Court granted the application for nntl to-
morrow ten O'Clock, and the Court then adjourned
unili that time.
The prisoner remandcd the custody of the Mar
sAai and taken back 10 jail large crowd Fastening
Judiciary square for the purpose OF getting good look
at him.
The New York herald., 1867-06-11

The court martial 10 the case Of Colonel VIM H. Far.
rar Of the Thirty seventh regiment, National Guard
convened yesterday at the armory Of the Twelfth
mcnt this city That ofcer 10 charged with various
delnquencIes in the line Of his duty. The court
ssts OF General VIM H. ward First brigade, President
Colonel John +. Beudx Third infantry, and Colonel
John H. WILCOX, Ninth infantry, members Al about
the hour named al the above named oicsrs were pre-
sent in full uniform, together with Judge Advocate
Shiefiin. The court was formally opened BY Marshal
strube and the members thereof duly in accord
ancc with the regulations, the Judge Advocate beng
afterwards qualified by General Ward The accueer,
Captain William B. Oliver, and the defendant Colonel
William H. Farraf, were present The accused, when
called upon 70 plead 70 the several charges denied the
Jurisdiction Of the court 10 the important ones
The court then adjourned until Friday next At eight
O'Clock A. n.
The New York herald., 1867-06-11
UNITED STATES COMMISSIONERS OFFICE.

Alleged WhisScy Fraud.
Be ore Commissioner Osborn.
The United States Jaco5 lssea--rhe defendant in
this is charged with removing quantity Of whs-
key from ds,ilery to q place other than bonded
warehouse, without its being inspected and branded by
Internal Revenue INSPECTOR The examination into
the is down for Friday next. In tho meantime
the accused is committed in default of ST. 900 bail.
The New York herald., 1867-06-11
COURT Of GENERAL SESSIONS.
po,.a paooraor na,L.,t

Before Recorder Hackett.
An additional panel Of petty jurors was summoned TO
this yesterday morning, the most OF whom
usual being desrous of shrkag the performance Of
jury duty by nterp0sing various excuses
GRAND LARcENIEs
Edward James was Jointly indicted with John Riley
convicted and sent the State Prison the Sd inst
charged with stealing wardel wooley, who resides
at No 276 West Eighteenth street, on the 24th OF Nay
valse from the steamer Thomas P. Way. He pleaded
guilty TO attempt at grand larceny, and was sent TO
Joseph Riley who was indicted CHARGED with stealing
piece OF SILK valued at S45, on the 18th OF May, the
property Of Haggery. smith Co., pleaded guilty to an
attempt at grand larceny.
ASSAULT BATTERY
Charles Neurat, who indicted on a charge of COM
hitting elonious assault and battery upon Herman
Sephers the 23d Of March, by sabbing him in the
face and head with knife Sixth street, pleaded
guilty TO assault and battery.
These prisoners we're remanded for sentence
ALLEGED FORGERY.
Joseph Dreisinger tired and convicted Of forgery
In the third degree having the 10th OF May presented
an order for three pieces OF muslin at the establishment
OF H. B. Clatlin Co., purporng to have been drawn
by maurice Rosendorf, which the latter pronounced q
forgery The goods were procured and carried away,
and the prisoner was arrested on the following evening
S no deem Two
proved his previous good character, and motion OF
his counsel sentence was postponed to afford him an OPP
portuny to show that he had been an officer in the
army.
A PRISONER cHARGED WITH BREAKING JAZZ.
George Ryder, alias Gordon, who was indicted for
breaking jan nas is for escaping from the Penien.
tary, to which place he had been sentenced for two
years and six months charge Of burglary pleaded
guilty TO the Indictment He was sent to the Peniten-
ary for sixty days. the sentence to take effect at the
expiration OF the previous OF Imprisonment i'm
posed by the Court.
ALLEGED BURGLARY
William Griffin, atlas Stockton, who indicted
charged with oursarousy entering the house of Lewis
Lowenscin No 49l Broome street, the night OF the
23d OF May pleaded guilty to attempt at burglary in
the third degree From the statement Of the complain
ant 1t appeared that the accused and another broke
into his house. and that hearing the noise, he pro.
ceeded down stairs and men, one Of whom ran
away but no had violent struggle with the prisoner,
who also escaped at that time although he subse-
quenty arrested At the request OF counsel the
tence was postponed tlli FRIDAY.
The New York herald., 1867-06-11
COURT cAlENDAR-TnIS DAY.

SUPREME COURT GENERAL TERM--Caendar un.
changed
Ciacun-Pari Mos, l3s3 e41, 1913, 247, 1881, s5l,
s52 ss3 1857, 1913. 1921 SOL 1867, se5, s7oa 1oo5,
als7' 1872 lsas' 1899 1899 Part 2oNos elo sss ,so so2
1868, 6is, 224, 1600 ss4, 164s $50.
SPECIAL IERM-Demurrers. 0, 10, 10. Issues OF
l34, l54, 164, l6s I69 no. Ill, 173 III, 17s, $780,
ISL, 49,, 1853, ls4. 1856, lse, 1so, 100, lel.
CBAMBERs-Nos 81, 9S, 130, 132, 151, 15A l57, 164,
17o l74 lse 2o0 2o1, 3ol, 2o5, 2l4, 2l6, go, 220
227 23o 273, 277, pol, 293, 29s, 800.
Superior Court not yet posted.
COMMON PLEAs-rRIAL TKRM-Part l-Adjourned with
out day. Part Nos 696. 1856. e63 295 702 Co., $780,
745, 703, 704, 42l, $50, I'll, 724, 725.
SUPREME CoURT, KINGS COUNTY, CIRcun-Nos q,
g. % "a 20, 2S 81, 80, "a, a5, SO. 3s, 80, 40 A.
AZ, a., AZ, Al, 4S
Cry COURT BRooKIys.-Nos 81, 90. rs, %, S. 27,
35, "a 81, 6S, IT,
The New York herald., 1867-06-11
LOSSES BY FIRE N MAY. 1867

Tho following is list OF fires in the United satcs
during the month Of May, 1867, involving q loss Of
S20, 900 and upwards:-
The New York herald., 1867-06-11

Clain for Damages Tor Personal Injuries.
0s'ssrs YAH ~ Jamss Bts osd George Dcvis The
plaintiff IN this the time Of the occurrence which
ws We cause Of this sction was composisor employed
The New York herald., 1867-06-11
THe NATIONAL guksD.
rir.s Rerjmeut Ar,iIIerx y

First Regiment Artillery. N. q.
new company OF eighty members has Just been
mustered into this command and they are now IN daily
expectation OF receiving their uniforms and equpmeu,s
This regiment now OF the strongest in the CITY,
having turned SIS 81 the late second brigade
drill.
The New York herald., 1867-06-11

MAJOR General shaer will issue his orders In day or
s~c Tor This parade u viii not b "orm Fcur,eenh
street march down Broadway W the Park and dismin
new route win be laid out Two OF the rea,mepts Of
snsldSs have dScdsd 70 tssn cut N white panss this
The New York herald., 1867-06-11

OF chapter IFS OF the laws Of 1885, This statute pro
vdes that sf any person other than branch He'll Gate
pilot shall pilot tow for any person any vessel OF
any description, or board such vessel for that
purpose excepting classb kc.. &C. without the
aid of branch He'll Gate pilot board. he shall be
deemed guilty of q misdemeanor," &c certificate OF
probable having been given. the has been
brought here by the people upon certlorar. Ii was
vessels, called the G Vanderbilt, abcu, to com.
the towing OF the schooner Copia when Har-
rs He'll Gate pilot vent ,,o, on board s the copia and
in charge ~ pilot Of the Vanderbilt. HIS
vices were refused; nevertheless Harris remained
BY the defendant TO render any aid On the contrary
the defendant whom reminded Of his duty under the
os her q hs ccp He aid tow nr
and Of opinion that this was clear violation Of
the statute II 10 contsnded. however, by the defend.
ants counsel that the statute is In conflict
with that provision OF the constitution Of the
United States which grants 70 Congress the
this 10 twofold:1 The state act is not an exercise of
the power vested exclusively In Congress- but s mere
police regulation the distinction y we'll defined and
preme Court OF the United States The License cases
Is How t04) the Passenger cases a How, o02; City
state regulations which relate 70 and moro or less Affect
:s Cs..ss n. meaning 9ss s, .s 2. gran,
instancea II would be easy 70 suggest many
more the cass before us presents one The OBJ
ana life This is subject Of great interest 70 the State
and think falls appropriately within the scope Of thai
lsssa.ion Which, under our system Of government the
sSoUsd SS .Ss cons. Ss una sSsss unsss
= .o%s 81 o. congress passed since me sss
o. Augua -, les2 THIS point was expressly
81: Ss%psy sss sy s.s, :; - sss
csssrsa sa sSss 40 No: m ,Ss ssssSs 3, sa'Ssss q