davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12
Tine CUSTOM nuuss.

Exemptlon Of Personal Baggage from Duty
Letter ffOm Collector Smyshe.
The following letter from tho Collector to the Surveyor
Of Port Of New York. sets forth the real extent 70
which the baggage Of passengers Is taxed after UNDER
going the scrutiny OF the Custom House ofacials:-
CUSTOM House., NEW YoRK,
CoLIEcroR's OyrcE, June II, 1867.
SrR-In view OF authorized publication-inaccu-
rate partculars-whch has recently appeared,
relating 70 the baggage Of passengers arriving In tho
I'm tied States and the liability to duty Of the same,
deem proper issue the following instructions the
subject
Wearing apparel in actual use, and other personal
effects mot merchandise professional books, impe-
mcnts Instruments and tools Of trade occupation or
employment Of persons arriving In the United States,
are exempt from duty-the exemption not including
machinery or other articles imported for use In any
manufacturing establishment or for sale 4
Household eicctS Of persons or families from foreign
countries used abroad by them for one year and not
intended for any other person or for SALE are likewise
exempt from duty.
Paintings and statuary, the production Of American
artists residing abroad provided the fact be certified BY
the artist BY Consul OF the United States, are en-
titled TO free entry
Tho Department has always been entirely opposed to
the enforcement Of rules regulations In regard 70
the baggage Of arriving In this country which
are oppressive. The term wearing apparel In actual
use will extend TO the appropriate wardrobss OF per-
sons arriving In the United sates whether new or old,
provided articles OF wearing apparel not obviously
excessive quantity and quality, but are BETTING tho
apparent condition and station life OF the owner
Care will be taken TO select for the duty OF examining
baggage officers OF superior intelligence and judgment,
and passengers will not be subjected 70 any unnecessary
annoyance. HENRY A. SMNIhE, ooiiector
ABRAx wAKEnAS, Esq Surveyor OF the Port
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12

Int ercstIng Case Of Life Insurance-Paymcnt
of Premiums In Confederate Money.
Before Judge Peckham.
VIM. r Robinson, Assi0ne, de-. o. The International
Lift Assurance .Sociay of London-This 10 an action
brought for the recovery Of $4,000 policy Of life
insurance issued in 1s45 to one Cunningham Wardrop
NacMuo the assignor Of the plaintiff who died II Ash.
land, vhknia In October, 1852 The premiums on the
policy were regularly paid In United States currency
from the date Of the Of the policy until the out
break Of the war In 1851. The subsequent premiums
were paid TO the defendants agent in Richmond in Con-
federate States notes.
me defence contended that the right Of Cowardin 70
a. their agent In Richmond Terminated the out
break Of the civil war; and that the payments Of premi
ums being made In Illegal and valueess currency was
void II shown by the plaintiff that individual
named Willis had visited Richmond and upon return
ing TO this city informed the general agent here that the
agent In Richmond was TO receive prsmfams and hold
the proceeds for hts factor win regard 20 the point d
law the plaintiff contended that the defendant v res
dent Of foreign country and created under s lava and
should BE- held equally responsible u ough 70 was
war between countries In which they had been losers
The Court directed q verdict for the plaintiff for
sl3 373 % Exceptions TO be heard at the General
Term Cram Robson for the plaintiff; James w.
Gerard for the defendant
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12
citizens He was sen. to the state Prison for five

our citizens He was sent to the state Prison for five
years
CONVICTION FOR AIIEGED ATTEMPT AT soDohY
george T. Mason was tried and convicted OF an at
soaomy charged 10 have been perpetrated
Ernest r. Moore boy thirteen years old on the lsth
OF May appeared from the boys statement tine de-
tas on wnich are unit for pubcaon) that the accused
was ~ the haot Of visiting the Fourth street Methodst
SUNDAY scnooi, OF which he member that ne LOOK
MN 10 the Central Park and other places, gave MIN
money, and on the night in question attempted TO per-
petrate TINS horrible crime upon him. When Mason
was argned Tor sentence, the Recorder stated tnat
mere were other similar charges against the prisoner
ms HONOR imposed the highest penalty which the stat
the State Prison for i've years
Mauritz Mendesohn pleaded guilty to an indictment
charging MN with stealing pocketbook containing
20 on the 9th ins the property Of Heinrich Schlecher
dc was remanded for sentence.
AcoulrrALs ON CHARGES GRAND LARCENY
John Mullen was placed trial charged with grand
larceny IL was alleged that he stole quantity OF cop
per pipe, which was board tug that was partially
burned AZ hkers Island upon the night of the 18Th OF
Octoper The property owned by George w. Hol-
10 the possession Of the accused, but II was not
legally traced and identified the Recorder instructed the
jury 70 ma verdict OF not guilty, which they did with
out denoeration, whereupon the defendant was dis
charged.
James McGovern, who was jointly indicted with
grand larceny, preferred by William S. Stilwell,
brewer al No. LOT Sullivan street. He testified that on
the 9th OF April he missed twenty half casks estimated
to be worth $780, The defendants place was searched
his properly found upon the premises. As there
was legal flaw in the PROOF the Recorder instructed the
jury TO acqui the defendant HIS counsel stated that
II the trial had proceeded he could have shown by
number Of witnesses that Mr. McGovern dealt in second
hand barrels and was a man Of unplemished reputa-
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12

uue the officers to whom they committed are not
merely local officers. and their offices not created
Dy 'ne Dl ITSELF But their Offices we're created since
tne adoption OF the constitution, and they were APP
pointed by the State authorities and the functions
conferred ON them by the section under review are
purely local. the is the same with reference to the
present question, If the Metropolitan Board OF Police
nad been brought into existence by the OF 1857 with
no oner powers than those committed TO them by the
tWelth section Thus viewed the obviously falls
within the principle referred TO- and be controlled
by t. unless excepted from It's operation by the consd
erauons which prevailed in the of Pnckney.
To those more particular attention will now be d-
rected. The functions which committed to the
new created by the act that case were
or TWO classes1 Those which heretofore vested
IN the department OF the city Of New York. and, (2
Inose which were given 10 1.-THE Mayor Aldermen and
C0mmonalty of the city in Common Council convened
and were part OF their corporate powers
administrative and legislative body In respect the first
CLASS y was held that neither the corporation called The
Fire Department OF the City OF New York. it existed
previously and at the OF the act in question
the officers elected under the provisions OF its charter
nor the nremen who were members Of the department.
were public or civil officers within the meaning OF the
constitution. That the corporation was not a municipal
or political body and neither II its officers occupied
any greater ocal relation TO the public than the officers
or managers Of the numerous religious and charitable
corporations Of the State" The second class Of func
lions consisted OF an authority in the corporation Of the
city, to appoint the remen and their officers and power
70 egisiae generally for their regulation These
i ned 10 DC no part Of the official duties Of
indvidua officers composing the Common Coun-
Gil but to be vested in the corporation; and
II was also held that the corporation Of the
CITY Is not an officer within the meaning OF the tenth
article II was said that "to diminish restrict its
general legislative or administrative power body
tba is not % aorogats or change public 9nce 10
ADOPT the conclusion that the legislation contained In
the twelfth section can be justified upon either Of the
grounds above stated. Unouestionably the functions
attempted to be transferred those Of public officers
They are not only the powers OF the Mayor and Com
mon Council acting together the legislative body Of
the city, but all the powers and duties respecting the
subjects specified of the Mayor the sole chief
tive and administrative officer Of the city, OF the Com
nd ~
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12
COURT CALENDAR-THls DAY.

SUPREME CouRr-GESERAL TERM-Nos ESQ., q, 10, AZ,
49, As, 40, 40, So 81, So "a 81 S. SO, CO. ell o. 63
"a, IS, &c. 81, So, IL, So
SUPREME CoURr-CIRcuIr-Par s1-Nos. IT'S, GAL, DAT,
$751; s52, ss3 sol, SOS, 3703 1899, 1343 1882 1857,
249, 65l, 1929, 1909, $751; 1867, 1858. Part Nos.
Go 500 So2 542 $40 1858, 1454 740 s92 9s4, 1920,
1885, 6ls 224, 1000, 1884, 164S, $50, 800, 756.
"a, 3s. Issues OF Law and Fact. Nos 12s. 203, 2SS,
l65, I66, l54, 1914 1885, 169 173, IT, $50, Isl, 1872
ls3, Isl, 1885, lS9, l90 19l, l5l, 1871 1872 193 ls4,
1876, 1876.
SUPREME Court -CHAMBERs. Nos. $780, 1885, 149, 1857,
200, III, 81, 249 255, 25S, 260 261 $685. 264, 273
Isl, $50, 303. Call commences at No. 314.
SUPERIOR CoURT-TRIAL TERM.-Part mos. 3199,
2325 Sill, So95, 1929 1917, 1902 1875. s25, 2sse,
$685. 1881, 3067 3069, 2725. Part Mos 22S4 1904,
1885, 1894, 1928, 3224 S034 1892, 3244, 1874, a27s
$780, 1884 1886, 1890
COMMON PLEAs-TRIAL TERM.-Part 1-Adiourned for
the term. Part 2-Adjourned TO Friday.
SUPREME COURT, KINGS CoUNrY-CIRcUIr.-Nos 49, So
81 81 So 81, 65, So &c. 81, SO, o. IS, 81, 90, &c.
TO- n, r. O.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12
SUPERIOR cuuRT-TslAL TrRn--pAaT 2.

The Effect or a Salute from the Yacht Ram.
bier-Action 10 Recover $4,000 Damages.
Before Judge Jones.
Peter J. Hack Henry s. Fsoring.-The plaintiff
who 10 q man Of about sixty years Of ago, sues for
the recovery of $4,000 damages for personal injuries
alleged TO have occurred under the following circum-
stances :-On the 30h day Of July, 1856, the plaintiff
was passenger board the ferryboat Hoboksn, and
was proceeding 70 Hoboken being seated In the ladies'
cabin. When nearing the slip on the Jersey side the
yacht Rambler, OF which defendant the proprietor
was returning from cruise and passed the steamer on
her way the anchorage OF the New York Yacht Club
While passing tho feryboat the yacht fred customary
salute approaching the anchorage ground from small
piece Of ordnance the deck and the "wadn OF the
gun passed through the side Of the Hoboken tearing
hole six or inches In diameter and injunng the
plaintiff Mr.. Hack sustained ompound fracture Of
the right arm being broken in four i've places and
il is alleged permanently disabled.
One Of the deck hands OF the Hoboken testified that
he picked up the wad the opposite side Of the cabin
from the point OF entrance that 1t about ten or
twelve inches in length, and was composed OF tarred
rope and paper that passed intact through the side Of
the boat of the strands having attached themselves
70 the aperture and that smashed two three chairs
knocking the fragments distance Of seven to ten
feet
trial For the plaintiff Cbauncey Shaer for the do
fendanl Henry A. Cram.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12


The Grand Jury brought in . number Of indictments
yesterday, and the prisoners aagncd In the after
noon
Az Ex-poLlcKnAS CONVICTED or BURGLARY.
Yates Esmond was tried and convicted OF burglary In
The third degree. The testimony upon which the jury
based their verdict Of guilty was interesting II ap
peared that the night Of the 4.h Of May the base
meut Of Nicholas Bowen Co, No. 90 Wall street,
entered by false key and silver coins OF various kinds
valued a $3.50 stolen IRON the eafs Sergeant Slater
arrested Esmond The ath and In conversation the
Sergeant asked him " he had any OF the silver lett hs
proceeds Of the Wall street burgiasyl He replied,
No Ia all put away, and Gus n supposed confcder
ate, put his away too.n bundle Of skeleton keys
were found In hin posseuion, AM The o6csr tried the
door Of No 90 Wall strees win one Of them by which
Be succeeded IN opening u ~ David & Page tesn-
s rvs - Esmond. and ". g Wiisrd also stated
that he purchased twenty one silver coins from
him for e TO- al Of which Mr. Bowen identified Eme-
line Bcrran the colorsd jantres Of the building No Cs
wall street. gave narrative Of what the prisoner said
ana did on the morning Of the I'd Of Nay when ne called
Al the basement He examined the lock and spoke or
his being engaged In selling looks thai could not hs
opened nom the outside. He took ,hs key from The
door examined H. and replaced u in The door, He told
the witness that he was policeman on THAI beat siH-
teen months ago The Recorder In passing sentence
said that Esmond guilty Of IN extensive burglary
BY which he obtained $4,000 In deprecated bank bill
Il pne when he WAS sworn 70 protect We prspWu u
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12
COURT Of cumRoS plsAs-1slAl uRx-pnT 2.

Action 10 Recover Damages Tor Breach Of
Contracted Disappointed Traveller.
Before Judge Brady.
Frederick Grimm u.s. Roderick W. Cameron Tho
plaintiff sues the defendant shipmaster, for the re
ooveYy Of $3.50 damages for alleged breach Of contract
The plaintiff alleges that the 23d Of November, 1885,
the defendant agreed In consideration OF the sum Of
$780, 70 furnish the plaintiff second cabin passage on
board the packet ship Pactolus TO Melbourne Australia
which 70 sail on or about the 10th Of December
This contract, the plaintiff contends the defendant re-
fused and failed 70 carry cut The answer denies every
the defence that on or about the h Of December the
plaintiff noned that the vessel would haul into the
stream the morning Of the 18th, and that he could N
he chose embark then The vessel sailed on the fol-
lowing day and Grimm did not sail with her for the
antpodean FL Dorado, although one witness testified
that be informed Grimm thai by procuring small boat
at whitehall ship he might overtake her
The jury returned verdict Of $166 30 in favor Of the
plaintiff
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12
COURT or OYER AND TERmIyEH.

The cold street Tragcdy-ArraignmentO Of the
Alleged Murderer, Skidmore.
Before Judge Barnard and Justices Hoyt and Voorhees,
William T. skldmore, who was indicted BY the Grand
Jury empanelled Tuesday, upon the charge Of hav
ing shot and killed Mr.. VIM Bishop Carr, with an air
run. in Gold street. on the night Of the 18th Of May
was arragned in the Court Of Oyer and Termnor yeser
day morning The circ umsances OF this terrible tragedy
have already been detailed In the columns Of the HERALD
and are no doubt familiar TO Its readers The prisoner
retained all his apparent composurc and air OF bold
ness which character xed bin after bis arrest and
observed yesterday laugh with several OF those about
him. a. If ae were not at all exercised In mind over
the fact that there is most serious charge pending
similar I 70 those attendant upon the present case,
would seem likely 10 inspire any man against
whom Is preferred with dreadful feelings
who could tell the real feelings or the manf Although
the fact was known 70 but very few that the alleged
room was dcnsely crowded with spectators all DESTROYS
OF catching glimpse Of the whose name has been
upon every lip nnc' ne ,epe Ssa pscn caused 90
thought that 10 At the midnight hour the unfor-
tunaie GARNET such an untimey death
When arraigned before the court Skdmore pleaded mot
guilty. whereupon, District Attorney Morris moved
that the trial Of his case be set down for Monday ncxt
The prisoner who unattended BY counsel said that
Brady and Mr. Clinton, whom be desired TO retain ~
counsel, and he expected TO hear from them to-day.
After some little discussion his Honor said that he
would give the prisoner until to-day 70 confor with
COUNSEL after which skidmore retired. The case will
therefore, proDably, % taken up on MONDAY next.
District Attorney Morris offered 70 send any messages
New York or have subpGnaed any witnesses for the
prisoner that hc might indicate.
The Latest Essscrn District Tragedy.
Morris Ephraim, indicted on the charge OF having
murdered John Fitzpatrick, In Ninth street. Eastern
District on the night or the 17th OF March last.
also arraigned and pleaded guilty The District Ator
nsy said that he proposed 70 call the for trial
next week, AFTER that Of Skdmorc concluded.
Ex-Judps Moore the prisoners counsel said that he
would know to-day whether he would be ready for trial
this term not, and he would DO ready " possible He
thought that u might he necessary 70 have witnesses
from Boston. send a commission there 10 take their
evidence The matter thereupon postponed until
Thursday. skdmore and Ehprann then removed
jail the Grand Jury returned 10 their duties and the
IRA adj
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12
GENERATION STATISTICS.

Ibm the monthly statistics Of emigration furnished
al Castle Garden IN this city, II will be seen that during
the month OF May the arrivals have been In very large
numbers. and that majority Of the new corners have
journeyed 70 tho far West TO establish themselves
where there are no crowded communities TO hinder them
in the working out Of Their fortunes
tho total number o. emiusnts arriving during the
month was 3o,1t9 a. follows:--
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12

Florida 8, Georgia o. Illinois 50sa lsvs ss7 Indiana
604, Kentucky l6o. Kansas "a Louisiana ia Hasaaahn
sets 1,s70 Maryland l27, Maine ~ Michigan OaT Min
nssota s22 Missouri 74I Mexico :, Mississippi rs New
Jersey 929 Nebraska 1877 North Carolina l. New Bruns
wick IL Rhode Island 3s7, Ohio 1905 PennsylyanIa
3579, South Carolina H. south America 2, Texas 90
Tennessee So Vermont 49, Utah H. Virginia l42 West
Indies l, Wisconsin 672 Colorado g.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12

O,Brien 70 be Hang for Murderins Ills Mis-
ALBANY. jane II, 1867.

ALBANY, Jane II, 1857
In the case Of The People W.. Jeremiah oBrien, who
was convicted at the New York Oyer and Termine some
months since, Of having killed his mistress, Kate Smith,
In house Of iLfame in New York, end sentenced 70 be
hung, the Court Of Appeals have to-day anirmsd the
judgment and The day for the execution having passed.
the Supreme Court Ne directed 10 rcsentepce him.
me following the DAY calendar Of the Court Of APP
peas for jane 12:-Noa Q, Q, IA. a. Is 10 H. 10, 70
a. a. "a a. l23, Ia
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12

Brevct Major John A. Tnrdy. Jr., u. =. A.
BY a circular from Brigadier General A. A. Hum
phreys, Engineer Department. at Warrington, We learn
Of the death Of Brevet Major Tsrdy, Of the Engineer
Corps, at hs residence in Georgetown, D. o. the %
inst The deceased was . native Of New York. and
graduated West Point In $780, He entered the service
an brevet second lieutenant and served during
part of 1851 ct Fort Pickens. He also aided IN tho
Hilton Head Expedition and subsequently ssrved IN tho
West until the close Of the The skill md galapy
Of the deceaeed wsre conspicuous and earned for nm
several promotions tho lest being 0the rank % 49,
major. BY an order Of General Humphreys me oncsv
OF the Engineer corps will wear the usual oaoxs ~ ~
tho deceased.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12
INTERNAL REVENUE.

Removal Of Whiskey-Importnnt Order Ex.
pected from Washington.
large number Of the frauds pcrperated the inter.
nal revenue this city have been chiefly occasioned By
the removal Of whiskey, very poor and insuiicsn
bonds from one part Of the city to another, ana u
some instances far or places in the State BY means
Of which the article eventually disposed OF AZ free
whiskey. In con sequence Of this the Chief Comms-
sioner been In consultation with tne several conec-
prouos,tion made by one Of them on the subject The
result has been thst deemine the suggestions thrown
onl very usefei and likely 70 check this
snscies or sw,ndling, tho government has agrcsd,
Il i said 10 the propositions made and in consequence
an order r. daily expected from Washington prohibiting
the transfer OF bonded whskey beyond the district In
vh,ch II may be slowed az the time This order VIII
mot OF course apply 70 liquors required 10 30 removed
for purposes OF exportation-
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12
HE CURT S .
UNITED STATES DISTRICT COURT.
The Henry Street Distillery Case.
Before Judge Blatehford.

me United States Ten Barrels Of Distilled Spir-
s-This case was continued yesterday, and again
pied the court for proraced session Counsel for the
Science Mr.. D. C. BirdsaI and Mr.. Courtney, United
States District Attorney, the government summed
up the case on either side at great length the latter
counsel closing only six o'clock when the court ad-
Journed Judge Batchford deferring his charge the
jury On the till this morning.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12
COURT OF BANKRUPTCY.

The petition Of Austin Briggs Of Greenbush, West
chester county in this State yesterday filed in the
Clerks office.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12

This wen known banker and ex.Judes Of New York
died at his residence yesterday morning IN the fory-
eighth year Of hrs are Mr. king was, some ysan ago,
one Of the judges Of The Supreme Court Of this CITY, but
the time Of his death was engaged ~ W. and
business Ho was gentlemen y so h,s chsr,tv and be-
nevclsrcs The deceased was son Of Hon J. o. h'nss
member az Congress from New Jersey.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12
UNITED STATES CIRCUIT COURT.
Arrangements.

4he parties mentioned in Mondays HERALD against
whom the Grand Jury presented bills we're yester-
day arragned and having pleaded in each case days Of
trial fixed.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12
Collection. IN ,he Elshth Di.trict.

The books at the Assessors Office in the Eighth dis
tct have boon completed for the year ending January,
1861 and the income returns up to that period having
been also finished they have been turned 70 Col.
iector smith, and the collections have already begun.
This ID the first district In the city ready this year.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12

Tue destinations Of the emlsrants were A. follows-
Alabama l. Australia l. Canada 230, California 254
Oonsse.seus 80, Delaware 30, District Of Columbia 81
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12

Tho widow or DR.. Hawes.
No rou,ss. widow OF Rev. Or. Hawes, died yesterday
afternoon !. Hartford. coan, II the sss Of ssvsnss'F
yeara