davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1867-04-05
OBSERVATIONS sY "a CLERK Of THE WEATHER.
TO THE EDrro or THE HERALD.

VhW lux Aprl o-z O'CLOCK A. M.
the following table show the result Of -four observs-
tons in Now York city O The range Of the barometer
and theruometer the drecon o the wind and the state
Of the weather during the pat twcutyfour nonrs The
highest range Of the thermonstcr throe o'clock
A. NJ, reaching % degrees, I'D the lowest at half
past two A. IL 70 degrecs:-
Thursday, April 4-6 A. NJ Barometer, 80 20; ther.
mometer, 4s. Wind, southwest
~ M.-Barometer, 80 Is; thermometer, 50. wind,
south.
or. M--Barometer, 90 %; thermometer. g. Wind,
south.
ioP. M-Baromcser, 30 Is; tlermome,cr, So Wind.
south. T-
Remarks Morning, clear and windy; afternoon. shs
same; evening haxy and windy. There will be ram
within thrty-six hours A Il. THATCHER
The New York herald., 1867-04-05
COURT Of SPECIAL SESSIONS.

Before Justices Kelly and Bowling.
The calendar at the above court yesterday not
particularly noticeable from the class OF usually
brought before the presiding Justices There
large number Of Juveniles arraigned for various
offences The amount OF business transacted consisted
Of fortyfour cases. Of which seventeen petit
cenies cruelty animals six assaults and battery
one carrying sung shot, embezzlement, three
aduteraton Of milk, one msdemeanor, five violation OF
the health laws two violation OF the excise one gaming
and four other which had been left since last
court day.
CRUELTY ANTMAIA
Charles O'Connell was charged with having killed a
horse in the public streets by hitting him with an iron
crowbar. Tho accused fined $50 and sentenced to
ten days imprisonment in the City Prison
Nathan Goldsmith was also fined SO for driving
butchers cart, In which were crowded eleven calves
through the public streets
The court adjoured at haf-past twelve O'CLOCK until
Saturday morning at nine O'Clock.
The New York herald., 1867-04-05
THE COURT S
COURT OF APPEALS.

The Liability Of a Common Carrier On his
Contract 20 Transport Goods Removed
From his Possession by Legal Process.
Before Chief Justice Davies and Q full Bench.
Charles Bivsn al, Appellants HHdsow Rsser Rail
road Company Respondent An action against the Hud-
son River Railroad Company in which party delivered
certain goods to them Sing Sing TO be transported to
Bven Mead in this city. These goods were tho pro-
psrty Of the Eagle Saw Manufacturing Company, and
the directors and stockholders Of that company
disagreeng among themselves, these goods were
taken by Blivsa and consigned 70 them in New
the other party 70 sSs y Eagle S Saw ~ Manufacturing
Company hearins OF this circumstance swore out
search warrant before justice Of the peace claiming
that the goods had been stolen The warrant was
issued and the goods were taken by the constable
TO Sing Sing from the possession Of the railroad
before ihe justice were delivered over 70 the original
panias the Eagle Ssw Manufacturing Company.
Messrs Bven Mead then sued the Hudson River
Railroad Company for not transferring the goods The
tried before Thomas Wilson, notary, who de-
cided IN favor OF the lroad company that tho goods
and that therefore they wers not bound 70 transport
them. The Supreme Court affirmed tho Judgment, ana
the plaintds appeal to this court Argued by J. II.
Reynolds for respondent and Mr. Van Pet for appel
lant
Cases Arsucd and Submitted.
Je1 H. Emerson or Swccessov, 6c.-Repondeu vs
wsusam Bseakiey. Sheriff de-. AppeElanG-As the
assignee Of william Montgomery. Robert Grant sued for
the bcneot Of creditors The cause was tried at the
Westchoster Circuit in September, 1851 and verdict
taken for the plaintiff for e24.ooo, ON the full
amount Of his claim and judgment entered the
verdict September TO- shortly after Grant died. On
petition presented by William Montgomery. sssignor,
on October %, this court appointed O. NJ Grant
the successor Of Grant, and the same day,
on consent of both parties, Emerson was sub
stituted plaintiff in this action and the
case went on. but after much litigation finally
reached In this court in March, 1862 10 the succeed
ing juno the decision Of this court published affirm
ing the validity of the assignment but reversing the
judgment upon question of evidence, and ordering
new trial. At the last March circuit in Wes,chester
county, the case came for third trial. where the
defendant raised the point that the suit had abaed by
the death of Grant The chief point in the suit is based
upon this circumstance.
The motion in the Of Charles King II al vs. Ma
than c. Plat, to dismiss the appeal, is denied
The New York herald., 1867-04-05

Action Against the brooklyn and Caunrsi
~-t Railroad Company.
Before Judre Revnolds

Action Against the brooklyn and Canarslo
t-s Railroad Company.
Before Judge Reynolds.
Mary Ann Grace. by Patrick Grace, her Guardian, ad
Item, ps hc brooklyn and Cdnarsie Railroad -rhe
plaintiff Is child about four years Of age, residing n
her parents in Bergen street. between Carte ana for
land avenues and this action was hs h-s'' y 'e.0,e'
damages IN the sum of 600 - Injuries received oy
bor tho ai,eved cessness OF servant OF the
~ :. aimed on behalf OF plaintiff that at
SSs. o'clock on the morning Of September 7,
Ise9srncs near the track when the car came along
{nccking her down and manrling Of her legs from
that 4, the time in question the driver the car had his
face turned from the track before him, being engaged
the double capacity Of driver and conductor and thai
The defence denied any negligence on the part Of the
child n allowing her 70 be 10 street This charge was
answered by the testimony Of the mother and others By
ha, several q ns a . cbs as ,ap
posed had gained access 70 the street through the
aperture thus made while the mother was N another
contradictory nature usually is In cases Of this
Kind. On being examined the driver stated that he
sId not see the plaintiff until che right by the steps
OF the Cur when he pulled tho horses and stopped It's
progress Ths child had been s,rack however, before
Verdict in favor Of plaintiff for $3.50.
Acssou Against n BrookIyn City Railroad
Company.
C,rrn o. DcnnsI Ldmi1isfraiov o. the Brooklyn City
Raslvcad CompanyThe plantin in this suit is admins
traitor Of Cathar oDonne, his sister, whowas killed
on last Christmas night by being over by Fulton
avenue car Deceased but twenty years Of age at
the time OF her death. This action, therefore, Is
brought TO recover damages in the Of for the
death Of tho young woman, which, a. claimed, was
caussd by the negligence Of servant Of tho company
II appears that deceased had taken passage on car
urocsedng up the avenue and when arriving
Il Downing street stepped on, when she
ss knock ed down and by car proceeding IN
the opposite direction. There was no testimony for
pIant 10 show that the casualty itself was Witnessed
by any person. but several witnesses who were the
car which deceased testified TO the olting Of
the vehicle a. the wheels crossed the body Olcer
smith, or the Forty fourth precinct testified that he
rested the driver and conductor Of this ab an hour
subsequent 20 tho occurrence and that the mtr wss
intoxicated 1t the time Mr. Reuben DeckeK who was
on the car stated the stand that he heard stroke
| OF . bell, which procesded from car d.
rectly opposite Az The time the car III
l wns In joItcd, and on repairing 10 the stree
i he found the young woman lying the track
In q dying condition. The defence set up was denis
OF any negligence. The conductor Of the In whicl
deceased had been riding testified that he rang the bel
/ Al Downing street. and told ber not step on unit
the down car had passed Deceased however, jumped
| on and was knocked down and BY the latte
| vshaa Nr Lowdsn. who ws passenger On the 90
The New York herald., 1867-04-05
SUPREME COURT-cIRCuIT-pAaTl. |.
Acfion for Damages Against A City RailrOa
Conflicting Statements of VIII
ness.

Action for Damages Against A City Railroad
Company Conflicting Statements of Wit
Before Judge Mason.
Patrick Fsnnelly administrator, ps The Central Park
and North and East Rvr Railroad Company This case,
which action against the defendants the Belt Rail.
road Company to 900 damages for the killing
OF William Brophy the night Of March s, 1866 was
submitted 70 the jury yesterday afternoon
The evidence for the plaintiff was reported in the
HERLD Of yesterday and tended to show that deceased
was pushed OF tho car By an employe Of the company
which resulted in Brophy's death.
The defence set up general denial Of all the allega-
tons In the complaint and called as witnesses number
Of drivers and conductors, who testified that the do
cedent not passenger car So on the night In
question: that they not of any person having
been injured their line Of road at that tmc &C. One
witness testified that he had seen man who was in q
Of intoxication elected from liquor saloon in the
vicinity, and that he had heard him called "Brophy"
car driver testified that on tho night Of the
he had while driving his car passed who lying
on the opposite track gcanng as II in pain that he did
not because tho rules Of tho company forbade him nom
stopping and he would not stop under any circum-
stances; and the conductor Or thsar upon which tits
vas not 81 The car and that no alteration q any fnd
took place. Several police ocsrs test!aed that they
under OATH ana that they were man Of Suspicious ana
4 witness for tne dsfsscs named Augustus Bunan,
vicinity Of the accident ct the time Of It's
stated ON the direct examination that he truck
and s some distance sha. E. SSsrd %sn
groan, but saw no person lying the ground. In the
cross-examaation this witness stated distinctly
that he saw man lying on the ground and heard him
goan. Upon being nterrogatsd By the Court regard
to his statement on the direct examination, that he had
mot seen man lying on the ground" the witness
stated that he bad not given such evidence but ut-
maey made his mind to say that he did not sec any
person In tho position he previously described.
The case was summsd up by the respective counsel
after which the Court proceeded charge the jury on
the points TO be considered in their deliberations and
directed sealed verdict TO be rendered this morning
For plaintiff, Edwards Pierrepont; for tho defendant,
A. j. vanderpoel.
The New York herald., 1867-04-05

Ristori's Biographer In Court-NTetiou to
Settle lnterrogatories.
Before Judge O. G. Barnard.
Isdae c. Pray ~. Henry D. Pulmcr. This case came
up motion to settle nterogatories take The tcsti-
mony Of the defendant who Is in the city Of Pars
France The plaintiff is q literary and writer The
defendant Is theatrical manager and the introducer OF
Risor In this country The action is brought upon
qlantum mered, for services Of the plaintiff in com.
png and writing the life OF Rstor the request Of
the defendant
Mr. Compton appeared for the plaintiff and objected
TO the form Of tho intcrrosatoes and also that they
sought 10 establish special contract which ~as clearly
inadmssibe and immateral under the sesent state OF
the peadings; that the plaintiff claimed In his
peadings there was special contrast and he could not
see how such testimony would BE- pertinent TO the case
Judge Barnard remarked that the defendant might apply
TO amend ON the trial. and set up the special contract
Mr. Compton said that not matter Of course, and
depended upon circumstances and he doubted II In this
case such amendment would be allowed In view of
the attitude in which the defendant hsd placed himself
upon the record Judge Barnard said he would take the
nsrrogatories subject to a legal objections and exccp
tons Mr.. Compton said he was content All that he
wished that he should not bs considered having
waived the right TO object at the proper time and place.
The intorrogatorcs were then entered accordingly.
Messrs Story Compton for plaintiff; Messrs Goepp
Stern for defendant
The New York herald., 1867-04-05
COURT or csMtA N SESSIONS.

Before Recorder 'Acketl
The District Attorney and the RAcorder d'spoe1 u
large number Of cases yesterday.
MF BURGLARY.
John Hughes indicted for burglary in TIN second de'
gree pleaded guilty 70 an attempt grand Iasreny no
was sent TO the State prison for tso years ana sA
months.
ALLEGED rELoMoUs ASSAULT
John hangin placed trial charged with felo-
NOUS assault upon Michael Sullivan BY ssa6bng him
with sewing needle, on board the steamer City Of
Scotland, upon the 27th Of November The parties wsrs
engaged in o.sging grain, and according 70 the sta
mene o. the defendants Witnesses the complsnaas used
insuiing language TO the prisoner Az the time OF the
occurrence Mangin was charged with haveg bite. OF
the ear Of Sullivan and the Court permitted the tests
which the accused had At the time
Nv wssn the counsel commenced his address to the jury
convicted Of an assault With intent 70 kill
The jury rendered verdict OF assault with intent
to DO bodily HARM and recommended him 70 mercy.
GRAND LARcENEs AND BURGLARIE.
Caleb Coakley, charged with stealing 5000 worth Of
clothing, the property Of Mary Ann O'Connor 337
Water street. pleaded guilty % an attempt At grand lar
Daniel ". HalIeck, against whom were two indict-
s 70 nS S
both Of January from pior So the property Of the At
lansic Mail Steamship Company.
gree pleaded guilty to tho third grade Of that offence
on the sh Of March, at the residence Of Amelia Persch
36l Ninth avenue, when gold watch and chain and
wearing apparel amounting in the aggregate TO 81 900
wero absracted
William Singleton convicted Of an attempt at
burglary in the second dagree having been detected in
the act OF entering the front basement OF Lewis f. Ange
vne 30 West Fifteenth street. on the 25th of March,
Eliza York Jointly indicted with Ellen Cromly for
stealing, on the 2sth OF February three dozen head
nets, valued at SIS, the property of Payne, Angel
Co.. 452 Broadway pleaded guilty TO an attempt at grand
larceny.
James Davis pleaded guilty to an attempt at burglary
In the third degree having broken into the grocery
Of f. " A.Thatcher 9S Eighth avenue, on the 18th Of
March.
These prisoners all remandad for sentence.
Tho court adjourned till Monday.
The New York herald., 1867-04-05
SUPERIOR covAT-pAar 2.
An HabssnaI Druukard Not Capable
Making n Legal Contract.
Tscfore Judge McCunn.

Making n Legal Contract.
Before Judge McCunn.
Cnyisan Breen us Patrick Rosrkc was an action
for a. e heard before Judge McCunn yesterday for
damages for breach Of contract The plaintiff alleged
that the defendant agreed TO sell him house and lot on
the corner Of Forsynnth street and Third avenue for
$4,000 on the ID Of November 1885, 500 Of the pur
chase money 70 bs paid in hand and the balance part by
a mortgage and part by cash at subsequent period
Afterwards the plaintiff refused TO carry out the con-
tract and the defendant alleges that between the ID Of
November and the Let Of December following the prop
erty increased In value 00O and he therefore brought
an action 70 that sum- together with the 500
paid in hand and the expenses incurred In examining the
title.
The defendant claimed that ne was OF weak intellect
caused by old age and the Of intoxicating liquors.
and that he was drunk and incapable OF making con-
tract 1t the time alleged; and he also claimed that
plaintiff knowing his condition. conspired with his agent
10 cheat and defraud him
Evidence being produced to show thss Rourke was
habtually drunk, Mr. Shaer, for defendant offered 70
consent 70 verdict for plaintiff for the money actually
ald for searching the ttle but he insisted that the
900 claimed for the enhanced value OF the property
should be irnored Al the suggestion OF the Court tho
was taken for The plaintiff for $s7se0.
The New York herald., 1867-04-05

she received which she claimed was "a S.1s 70 the bad
The defendsnt ders.' the allegation OF keeping the
house repair but a S Ss oEnsr.
ship and the tenancy n'e case c@ms on 0'ios sooSe
Cardoxo yesterday, and s = III on
The New York herald., 1867-04-05

required by the Powers In regard 10 putting In
tion the Hat Hosn0yosw Of 1854 Tho fact Is that n
do Moustier has just again sent despatch Consant-
nople; that Sunday morning IN attachS Of foreign
affairs set out for the Same destination and that lastly,
to-day the representatives OF Russia and Britain met at
the palace OF the Quai DOray 70 confer with The Mar
quis dc houstier on the subject in question
The New York herald., 1867-04-05
BROOKLYN COURTS.
UNITED STATES COMMISSIONERS .sSs'
The Whiskey FravM.

United States ~ Thomas "4'c'e'-The defendant was
charged with having c-cd on the distlng business In
Scabrng street without icence His case was recently
taken up but after some testimony was eicted an ad.
journment was made until yesterday morning Lawler
had no witnesses present that OCCASION because as ne
himself remarked he had thought he could not obtain
Justice In this court and therefore would be useless to
have witnesses. Yesterday morning. however, he did
not appear the was further adjourned Until tho
10th inst #.
The New York herald., 1867-04-05
A Fenian Armed Rebellion
! hnminentT
Lord Strathnairn In Command oi
100, 900 Men in ireland.

Our st. Petersburg correspondent writing the nth
OF March says
Mr.. Alexander wilkins, Vice Consul Consular Agent
Of the United States Cronstadt has been appointed by
Queen of Spain her consul at that port This places
the gentleman the head of the consular corps Cron
stadt Mr. wilkins showed himself 70 be most excel
lent consular officer while the American 1eet in
these waters last summer, and am happy to say that
Mr. Seward has made him official acknowledgment of
his and rendered the thanks Of the Department
therefor.
The New York herald., 1867-04-05
THE INSURANCE on TIVE lMuell HOTEL IN ST. LOUIS
TO THE EDITOR OF 1

70 TIE EDITOR OF THE HkRALD.
orrcn REsorurs ISsuRAxcE ConrAxy, Isl BROADWAY.
win you please correct the statement made In your
ssterdays paper that This company had $4,000 on ths
ndeu Hotel in ST. LOUSY The Resolute does mot No.
dollar by the recent FIRE in that hotel Yours respccs-
ally, H. ,. BRAYr0N,
Superintendent Of Agenciea
The New York herald., 1867-04-05
THE FRENCH ARMY.


Omciai Exhibss Or the Military Fsrcs or the
Paris March 22l correspondence Of London Timesl
The Minister OF War has just published report on the
document results that on the lat sf January 1855 the
army had an enective OF sos. .66l men, not including
s,lsl sefsnts de sssps Under The dag there we're
In the interior. .............2 .2S6 $50
Ia The French division !. Rome ssis
In tho sxpsdtionary corps Of Mexico. 3o,7l4
Al the same period the reserve was com.
posed oI.......-.. Is,Sz0
Total snsotvs. ,g.-....! elo, 800
the class of 1859. sent to the rsserYs in
In sxecueon or the MinislsrtAf nre-
scnptionsSt the 10th and 3lsi of b.
Sember, 1895 Who no Ioager sshSar IN
the effective because thetAad been
erased from The roll Of their corps.
and they do not yet appear In the re-
serve because they wore en- rowk 70
Real snsct.s strength ON the iai II jan $50
The average s:ctive foo. including ocer 's nom
commissioned oHhcsrs and privaaes. during 1855,
4o2ssA which 10 1894 liA7is being reduction in
tho - sensagspenis in 1885 wore 1900. bsus A,Ss4
more than n tSe previous year The number OF oxon-
Out Of 1893 iss Young men examined before the Couu
ellis Of Revision TO- 600 exempted not reaching the
standard Of height that being per centage Of 80.
The previous year had furnished only SGT per cent
nfs NEW IMPERIAL MILITARY LAW
The following petition. signed by nearly two hundred
farmers and heads of families the little OF
Tnrny in the department Of the Yonne has been
to tAe Emperor Napoleon II ID fair exposition OF the
state OF feeling throughout the whole of France regard
ing tho appalling project ofcreatng nation of soldiers
and 1t Is probable Lhat before the law passes the two
chambers hundreds Of such petitions will have found
their way to the eyes Of the Emperor.
SIRxIt ia because aware OF your great socude
for the welfare Of the ahoring classes that address
selves directly to We the subjects
anx etya law of most extraordinary inportance
submitted to the examination Of the Corps Legisia Un
der the form of creating nclve Of
national guard the entire youth of France will called
military service The result will be the
children and the WEIGHT OF this heavy load will principally
bearupon the rural districts already depopuated-upon
AGRICULTURAL interest the red and deep wounds OF which
have been exposed by the agricultural investigation.
Devoted subjects OF the empire regard with and
with sorrow the terrible OF the law
Already the country Is suffering for want of borer and
now proposed 10 take from their work the
tion Of popuation-and whyf Does enemy
our frontcrs II so let ierte ordered
ready for sacrifice But IL the
substitute system for another In order to obtain
greater number of men-nothng justify such measure,
which VIII weigh upon us like incubus
you with our respectful homagc our just alarms and the
profound anguish which has taken possession OF
At reading the law which makes soldiers of all Infants
The New York herald., 1867-04-05
SALES Of REAL ESTATE.

nv johnson, Miller Hall.
story brick house. ~ Rush It.. 2ox36xlW. with story
brick eIisnsicn Is,S IA q 4 o;on 4. il. s6r SUc
story and attic brown stone hoass b. ., No. lis
story pr,ck rck hcss hc.1 M is s;"mh sh ss .. Ss
story and attic frame house, M 40 Dean st... 80
BY Muller. wilkins \ CO.. -
sforv frame house and lot No. Dl West 18th H...
s pasee honss and lot No 70 sullivan st. H. ON
ots on n q Dlst st., "a n west OF 10th avr each. -
ot IN sos II side 6ath ST. rs r. OF 9Th Ab
BY Win. Kennedy. 80,
ots ON north side OF 3A st., so feet west OF IN AZ ls
lots south side Of s6h ST. 10 feet west OF Sah -
ssory house ana iot inc wss. isd e. e ga
ot On northwest Of 7th and b4th a. euV
storv brown house and lot on souxh SIDE OF -
Eltk a. Ia8 feet east OF 6th 000s
scory and lot north side Of S2d st. 70 fest west OF
-. q sy On n:rihwss corner Il il, *, ssd i S.
sory brick houss and ics front ana story brick
hnse In rear, 26S East Houston a. WWe
" ON south aide Of 0eth a., 30 feet west OF sth -
y ~ H. HI Ludlow.
ate brick house and lot 81 Pearl ~. " 6Qy
Tpe ksc Of lot Os Monroe st. with story brick house 5oce
2twovory and basement frame houses and ota
oorsda Of ios,h a.. " fees east Of ~ az sAeh. ~
The New York herald., 1867-04-05

Verdict Against n TELEGRAPH Company for
Non.Dclivery Of n Telegram.
Before Judge Jones.
Noses SrasSrger The Westsrw Union Telegraph
Company lin this case. which was action brou-.s
for the recovery Of 81, 200 damages claimed - nAve
been Incurred by plaintiff, owing TO the nc-aeeay ..
q telegram by the defendants the nry scsse'uay
brought In verdict for the plaintiff f. sooo %.
The New York herald., 1867-04-05

from the Journal du Havre, March TO-
During All the going and coming OF diplomacy the In
tercst OF the public In the Eastern question s visiby
decreasing The government on the contrary, sees IN Il
suplcct LOT serious deliberation Thus the Council Of
with Turkish Affair." II seems that the Pcrts, IN ad.
vised has not ouie resolved to aye The guarantees
The New York herald., 1867-04-05

KANSAS crv, April a 1857
Several loads Of colorsd troops went ol. on the
PaSiac Railway On Tussias for assviSs On ths Pisua
The New York herald., 1867-04-05

Ambrose ~ Brne-The plaintiff In this csse, On
eldesiy lady who occupied room In tenement house
IN Brooklyn owned by the defendant had occasion 70
70 10 shs wood house the 2eh Of june 1885, and on
passing over the rear stoop Of the house u broke down.
and she fell through breaking her log She brought the
prsssas sctop to recover 5000 dauaaes for hs injury
The New York herald., 1867-04-05
COMMON pleAs-pART |.

Liability Of nm Owner Of Tenement House
for Injnries Sustained by nm Inmate, OWNS
"a the House mot being Kept In Proper Re-