davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-23
SUPREME CCyRT-CIaculI PART |.
The Rebel General Malone In litisatiOn-Ac-
tion for the Recovery or Damages.
BEFORE Judge Barnard.

The Rebel General Malone In litisatiou--Ac-
tion for the Recovery OF Damages.
Before Judge Barnard
Cornelius x. Garrison rs. Wlltdm MaAoxe-The
plaintiff is a well known shipowner or this city ana
the defendant during the war commanded the cele-
brated "Mahone's DIVISION OF L0pgstreets corps,
in the rebel service. The plaintiff claims that the de-
PENDANT without any sufficient cause on the 10th
OF August $685. at Norfolk Va, caused the seizure
OF plaintiffs vessel the George Leary and detained
her for period OF twenty-one days, with q view OF
compelling plaintiff TO pay a large sum OF money,
$40 000 her release. He further charges that de-
PENDANT knew that no iust claims existed against the
vessel but asserted them solely for the purpose above
stated and held plaintiffs steamer by force whereby
he suffered damage 10 the amount OF $50 000 for the
recovery OF which this suit Is brought.
The defendant answers that the seizure was autho-
rzed and directed by court OF competent authority
and jurisdiction In Virginia. by attachment issued
against the vessel at the suit OF the Norfolk and
Petersburg Railroad Company, OF which Malone is
President; that he had nothing personally to do with
the seizure detention of the vessel the issuance
or the werrant OF attachment against her; that he
had no claim personally against her and asserted
seizure; but admits that he was directed by the
company 10 bring the suit against the George Lcary
In his official capacity, which he did, but for the
consequence OF which he cannot be held personally
responsible.
Mr. Malone for the purpose OF having the vessel re-
leased, and that defendant informed HIM that he
would release her only on payment OF $40 900. This
the plaintiff admits but claims exemption from In.
dtvidual responsibility or liability nasmuch as IL
was done also In his official capacity for his Princ
pal, the company.
n al tria
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-23
CRUELTY TO ANIMALS.
NEW YORK. Oct. 40, ls6s.

NEW J oRK, Oct. 20, lsjs.
To TBE EDITOR OF THE HERALD:-
In your edition OF to-day you call my attention 10
q horse abandoned To die in Park row. and rather
severely censurc the Society for the Prevention OF
Cruelty to Animals for neglec. OF its duty hasten
to reply to this charge, for 1t is the first time that it
has been accused OF neglect OF the brute creation;
on the contrary the reproach has hitherto been too
much zeal.n
The facts are these:-On Sunday about noon the
horse IN question fell upon the wreiched pavement
worn out with work. hack horses usually
are, was unable 10 rise again. There 1t lay until the
following day; and 1t was not until II had
been some twenty -four hours down that we knew
anything OF the circumstance. citizen passing the
ONCE notified me OF it. and in less than five minutes
thereafter an agent OF the society his way
the spot TO do the needful IN the matter | should
be very sorry to have you or the public believe that
we would permit any suffering animal, however in
significant, to lack our attention when once The case
Is made known TO US; but, as you are aware, we
cannot be ubiquitous nor yet AFFORD TO keep scnt
mel at every corner OF the city. Rest assured that
such charge a. the one you impute TO shall ever
apply To this society so long rs IL possesses authority
To defend these dumb servants OF our from
wrong.
Had the captain OF the police district In which the
occurrence took place avaled himself Of the permis
sion given him by the law TO destroy the animal
much SUFFERING would have been spared It, the sensi
bilities OF kind.heared citizens would not have been
wounded and this society would have escaped
unwarranted rebuke from the press.
The following is the law In relation to this case:-
sKc 4 lf any maimed sick, in6rm disabled creature
s sna DC to de y any n any pns
lawful for any magistrate captain OF police this state 10
appoint suitable destroy such creature unit for
The owner OF the horse was with much difficulty
discovered arrested and taken before Justice Hogan
ana discharged. HENRY BERGI, President.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-23
HUDSON RIVER SUSPENSION BRIDGE COMPANY.

An adjourned meeting Of the Board OF Engineers
Of the Hudson Highland Suspension Bridge Company
was held yesterday at the office OF the company In
Broadway, for the purpose OF selecting site or
location for the bridge
Among those present were Mr.. william J. McAipine,
President OF the Institution OF Engineers Major
Generals ii. w. Benham, II. G. Wright
and O., A. Gilmore, uuited States Engi.
nees; MAJOR General George h. Mcclellan,
Colonel julius W. Adams General r. II. yeile, o. w
Barnes, Chief Engineer Duchess and Columbia Rail-
road Company; General q. Il. Stuart Chief Engineer
West Shore Hudson Railroad Company; J. W. Gil
bert Chief Engineer New York, Oswego and Mid
land Railroad Company, and General +. W. Serrell,
Cbiel Engineer OF the Fridge Company.
An investigation was entered into. occupying seve
r9l hours as TO the most advantageous site for the
bridge Maps and surveys were examined and con-
siderable discussion INDUCED in. The board will
make q thorough cxamipaiiop and viii not be able
TO report FOR several days.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-23
WEsICnesIeR INTELLIGENCE.

DEMOCRATIC TURsoUr-The democrats OF Port
chester and vicinity turned out In great force at
Shca's Hall on wednesday evening 10 listen to ad.
dresses by Jackson o. Dyckman OF White Plains,
the democratic nominee for District Attorney, aud
VIM. PIAngel " Morrisania.
TuK REPUBLICANS OF THE Town OF RYE assem-
bled in Wells Hall, Port Chester, on Wednesday
evening, when effective speeches were made by
Major James II. Haggerty, the candidate for Assem-
bly, in the Second district James X. Jacques and
Cephas Brainerd The unfayorabe state OF the
weather prevented many from attending.
RYE NEcK-An application Will be made to the
Legislature at the next session OF that body TO
change the boundary line dividing the towns OF Rye
and Msmaroneck. 40 that the lower part OF the
former, known as Rye Neck. may be added to Mama
roncck. The two villages are divided only by a
small stream and in reality form but one In all but
name. They use the same postofice, the
same roads, the same railroad depot
and the same churches. Their streets are IN fact
Identical also as regards all matters OF local Nm.
provcment, and the inhabitants OF Rye Neck fire..
quently feel called upon, In honor and justice. to
contribute towards improvements in Mamaroneck
They are required to pay their share towards ex.
penses incurred upon the repairs OF roads, bridges
&C., IN The upper part Of the town. which they very
sclaom II ever pass over TIE petition has already
been very numerousy signed.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-23
BOARD OF EDUCATION.

stated meeting OF this Board was held ON Wed.
nesday evening" with the President. Mr.. r. /. Larre-
more, in the chair, and full Board present. Avery
large amount OF routine business transacted and
resolutions we're adopted as foilows:-Appropriating
$1l64 50 for repairing and making necessary atera
lions to grammar school No. "a. In Elm street,
near Leonard; appropriating $s,4s2 for blasting
foundations for the new school building for
grammar school No. 20. In West Thlrtieth street.
directing the Comptroller 10 place the sum OF
authorizing the hiring OF the building No: 40 East
Sixteenth street for school purposes at the yearly
rental Of 81, 200 for three years.
The COMMITTEES on studies and School Books
offered resolution, which was adopted allowing
the children OF the two higher classes OF the primary
department. to take their books home with them.
Commissioners Merrill OF the Joint Committee on the
Course or Studies, appointed TO inquire into the
and pupils, offered majority and q minority re-
port. The majority report lsigned by Commission
ers West, Hail. Eurlng, Duryea and Warrenl recon-
mended number or amendments In the course
OF studies; to hold the teachers responsible
only for the studies pursued in the grade to which
they belong; to have the promotions from primary to
grammar schools made after satisfactory exanina-
tons by the principals OF the departments
to which the promotions are to be made; to allow no
not attained the age OF thirteen years; to give cert
Gates or diplomas to pupils who have completed the
supplementary courses, provided they be not less
than seventeen years OF age and have been three
years in the grade not to hold the pupils in the sup
Elementary grades Responsible IOr the StuueS IN the
lower grades unless the examination be made
within three months OF their entrance to the supple
mentary grades; not to have the results OF examine
tons made public, 80 as to create any comparison or
envy, and not to permit the results OF the examna-
tons to be denoted by percentages The minority
report-signed by Commissioners Merrill, Dupignac
and Neils0n-recOmmended the establishment OF
intermediate schools' between primary and gram
schools for the benefit OF pupils who enter ut
advanced age and whose circumstances forbid
long continued attendance at the schools; to employ
experts TO teach the extra branches in the various
schools and to avoid any publicity of the results OF
the examinations but to have the results with notes
on the general character OF each school and special
record OF the 1dety and efficiency OF the principals
to be kept in the superintendent Office.
After lengthy debate the majority report was
adopted by vote OF fifteen in the affirmative 10 four
In the negative.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-23

and King streets, boatmen by occupation with bur-
glarously entering the barge Il. Simns lying al the
foot or Robinson street, North river, on Tuesday
night last and stealing therefrom seven bales OF
wool -four washed and three unwashedL all OF
the value OF $1,000 The evidence against
the accused is OF O very strong nature,
inasmuch rs officer John Pigott, OF the
about hapast three O'Clock, discovered them rolling
across West street, in the direction OF Charlton
street. OF she bales Of wool stolen; and, deeming
their actions suspicious, arrested and lodged them
in the station house Subsequently he visited the
pier where the barge was lying, and found another
pile Of lumber the dock, ready to be transferred
as the first was attempted to be. He also found That
the barge had been entered, stated. The answers
OF the accused in relation to the charge were OF the
most fmsy character. Justice Ledwith committed
them TO answer al the Court OF General Sessions IN
default Of s., 900 bail each.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-23

MAN MrssISG-FoUL PLAY SUsPEcTEp.-A man
named Gallagher. living In Stanton street tcne-
ment house, left mis- wife and family at one O'Clock
on the morning OF Sunday. 11th inst, In company
with an unknown man, who invited him out TO
drink. He accompanied the man, who IA said TO
have had diculty with him some time previously,
and has not been seen since.
WASTE PAPER FRAUD.-Joseph Smith. a boat
man, twenty-five years OF age. living in Albany,
on wednesday called upon George Virgins, OF No.
South street. and asked for q loan OF twenty Ave
dollars, at the same time Offering security pack
age, which he represented TO contain jewelry valued
at 500. Mr.. Virgins, believing the representations
made by smith To be true, loaned him the money re-
opening 1t subsequently the package was found to
contain nothing but waste paper. Smith was subse-
qnently arrested BY olcer Meehan Of The First pre-.
Tonbs for trial In default OF $500 ball. The prisoner
pleaded not guilty.
SPECULATION AND SPOKESMAN IN TROUBLE
Fritz Troter, Spectator and sportsman, living at
No. 35 Bond street, was arrested by Captain Jour-
dan and detective Woodbridge, Of the Sixth precinct
on q charge OF grand larceny. On the 9th instant
Trotter called upon Daniel Il. Hazeboom, No. East
Twentysecond street, and represented that lie had
nve-twenty government bond In pledge for $500,
redeem the bond from the person who held II.
Search was made for the holder OF the bond, but
500 with which to redeem the bond, the latter OF
which was to be given TO him till the money should
De returned ana IN case tRe DOnu was not ODtalncu
the money to be returned to the owner. Mr. Hazel.
boom neither received the bond nor the money, as
agreed upon. Justice Bowling held the accused for
examination. Tr0tter Is forV-four years o. age.
sTABBNa AFFRAY IN BAXTER STREET-QUARREL
OVER A CARD TABLR-on Wednesday evening Pat
rick Crowley, junk dealer, at No. 100 Worth street.
and Daniel Shehan entered the porter house No.
40 Baxter street and sat down at a table
to play game or cards. During the pro-
gress OF the game dispute arose between them
during which, 1t is alleged, Crowley drew a sharp
pointed file and stabbed Shehan In the stomach In
nictiDg severe and possibly fatal wound. Crowley
at once ed but returning home at three O'Clock yes
terday morning. crawed through a rear window.
and retired Detective Riker OF the Sixth precinct,
being on the watch for Crowley, arrested him IN
bed. He was subsequently, arraigned before Justice
Hogan and committed TO tho Torubs to await an ex.
animation. Sbehan was conveyed to the New YORK
Hospital for surgical treatment.
ALLEGED GRAND LARCENY ny BoATHrS.-Andrew
A. Gaddis, No. 100 Water street. appeared before
Justice Ledwith at the Jefferson Market Police Conr
yesterday morning, and charged John AcMahon and
Michael Shannon, living respectively In Greenwich
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-23
COURT CALENDAR THIS DAY.

SUrREHE C0URr-CIRCUIT.-Part Mos. 27s2h,
1896, 1870, 1882 1885, 1894 ASA 4522 1894 4U2s 4o3
4762, 4e46 1850, 50l4 SOFA 507e 5000, 5S0 59I 524
62o2 $780, 1912 $685. 1894 5422 542i, 54Ss 5444 547
BOSS, COLA, $3.50, 5I26 46Se. $500.
SUPREME CoURr-CAAysERs.--Nos 40, a. az. 50,
So 105 100 12 u.s. 12i I1f, 1870, 1874 1876, i39, 140
Jas. 14s, 150 Call 167.
SurRExg CouRr--SprcIAL TEBx.-Nos &c, 24s, I13,
~, ~, ia, ZIG, ~, IA, 1872. Ia.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-23
SUPREME cOuR1-spsclil TERM.
Obstruction Of the HnrbOr of New York
That Railroad Pier.

That Railroad Pier.
Before Judge Sutherland.
The People or the state or Ne,o FORK rs. The Gen.
trdl Railroad Company or Neao Jersey.-Ths Is the
old litigation which has been frequently reported
In the HERALD regarding the right OF the defendants
to construct the railroad pier and terminus at the
souhery end OF Jersey City, which projects INTO the
waters OF the harbor for distance OF nearly mile
IL s claimed by the people OF New York that the pier
Ia an obstruction to the navigation OF the bay and
river.
1t is claimed by the defence that, under treaty
stipulation jurisdiction Ii vested In the State OF New
York over all the waters OF the bay and Hudson
river, and that jurisdiction over the land under the
waters and the Jersey shore line belongs solely to
the State OF New Jersey.
The case turns upon the question, what is the
shore line OF the state OF New Jersey fronting the
river and bay ard whether the shore line Is the ma
tral coast such line may be the result OF arti-
1cial means
The case was tried yesterday, and at the close OF
the testimony and argument the Court reserved its
decision.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-23
COURT or OYER AND TtasIxsH.
Tie McCready Police Oufrage-A Defective
indictment.

Indictment
Before Judge Barnard.
In the case OF Sergeant McCready, o. the Seven.
teenth precinct indicted for assault and battery
on Mr. Baust, German wine importer, OF the Seven
tecnth ward. Judge Barnard yesterday stated that
Mr. Blunt OF the District Attorneys ONCE had stated
10 him that the name Of the complainant which ne
had written In the indictment was written "Banst =,
while the correct name was Baust He had been led
into this error by the signature OF Mr. Baust
which bad been written az II IL was
Banst. Under these circumstances he should d..
rect the jury TO find special verdict Ia accordance
with the proviso-r Of the statute Of not guilty on
the ground OF "a variance between the proof aid the
Indictment" He should direct the papers to be sent
before the next Grand Jury TO find new Indictment
In which would be inserted the correct name OF the
complainant
Assistant District Attorney Hutchinrs concurred in
the views expressed by Judge Barnard, and stated
that be should try the case the early part OF next
term.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-23

IHB WEATHER YEsrERDAY.-The following record
will show the changes In the temperature for the
past twenty-four hours, ~ indicated by the ther-
mometer at Hudnurs pharmacy, 2ls Broadway,
HERALD Bullding:-
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-23
SUPREME COUaT-CaAkpEns.

A New Phase Of the BinckIey InvcstiRasion-
Libel Against District Attorney Courtncy-
Another Political Feminine I'm the White
Housc--How Federal Patronage In Disposed
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-23
NEW YORK CITY.
vS!rs STATES COMMISSIONERS COURT.

ne Alleged Naturalization Frands-0reat
lnterest Manifested In the Examsnatson-
PossDoneuseut till Saturday Next
The Conservative. (M'connelsville, Ohio) 1866-1871, 1868-06-04
The ReroIalion ON Grant.

The R%egohttoa, referring to the like.
lihood Of General GRANTS nomination
Ky the Chicago Convention, eRys;
"lt is now proposed to nominate
Grant az Chicago, A man 10 govern
this nation in the most critical period
otits history, who cannot govern his
own apetites. We have enough drunk.
eIness and sensualism in high places
air eady. If we would exalt the moral
tone of this nation, lot our young men
jqst coming on the stage oil action, 500
that vice and weakness ~disquallies a
for the highest honors Of the
American people. The President Of
the United States The representive Of
the best government auiong nations.
should not 90 IN object ofdistrust and
The Conservative. (M'connelsville, Ohio) 1866-1871, 1868-06-04
cnt down 10 . resonable expenditure.

cut down to a reasonable expenditure
X X x
The people have expected that in
our hands reconstruction at the South
would progress with reasonable speed
and that unhappy region restored to O
state Of quiet and prosperity .
We awaken to the unpleasant fact
that, not Andrew Johnson, but the
Republican party has been on trial,
and the sentence is a sentence of death
rendered by our own Senators, who
have grown fat, rich and great through
our organization, To have such q
trial, and have such n result, (and
Messrs. Fessenden and Trumbull know
it as we'll at the beginning as they did
at the end,) is a great blunder-a
blundcr verse than u crime. IL may
be that the disgust felt by the country
at largo for the Democratic peace par
ty may call into exlstence q new orga.
nization but tho Republican party is
dead, and we may as we'll gracefully
admit tho fact and accept the sltua-
ton. X = 4 Z -
Tho fact IS, j doubt whether these
two tunereal d%yspeptics realized the
fact that the Republican party was IN
deep earnest in tins matter of impeach-
mont. The country had been very
quiet during the progress of the inves.
t%igatIon, because the unhappy old an
imal at tho White House had nc party
to get excited over. his official exccu-
ton. He had. in fact, no real friends.
This state OF quiet acquicscence was
taken for Indifference by our Senate
rial dyspeptics, and they must have
been considerable ~astonlshed az the
storm that brokce upon their devoted
heads.
j do not believe thai Fessenden Is q
politician, and / know that Trumbull
is not. remember travelling with tho
last nared, from Springfield to Chica-
60, shortly after the first election Of
lincoln, and before that elongated m
bodiment of all the honor, honesty and
wisdom extant was inadgurated. And
l recolleet the utter im~possibility of
getting back Of Irumbulls gold-rlmm.
ed spectacles; the idea that the South
meant business, and could DO US great
He has nothing in common
with tho masses. and none other tran
the late Republican party would re
turn such M abstraction to the Sen
ate.
Well, there is no use Ia being lach-
rymose over the lost tactical. l can
stand it If the rest can. u. p,
The Conservative. (M'connelsville, Ohio) 1866-1871, 1868-06-04
AN ORDINANCE.

An ordinance TO prevent ale and porter
shops. pnd houses mud places Of habitual re-.
sort for Tipping and inlemperauce in the in
.corporaled village Of McConDelsyillc, Ohio
passed 10 council Oct. 18Th, 1866, and pub
lished IN the Morgan County Herald, Oct.
26!h, 1866. Sections one, two, three, four,
iv6 and six are hereby repealed from and al
ter this date, passed in Council THURSDAY eve
ming. May seventh, eighteen hundred and six,
iy-elght. Il. 4. PtNKER1ON,
Mayor,
j. NJ. WILLIAMSON, Recorder,
The Conservative. (M'connelsville, Ohio) 1866-1871, 1868-06-04
10 OONSUMPTIKEN.

The advertiser having hcen restored to
health 10 a few weeks by a very simple rene,
dy, after having suffered Tor several years
with a severe lung affection, aud that dread
dlseafe. Consumption, is anxious to make
known to his fellow sulerets The meaus Of
cure.
10 al who desire ii, he will sond a copy OF
the prescription used Gree Of charge) with
the directions for preparing aud using the
same, which they will hGd q sure cure Tor
Consumption, Asthma, Bornchilis, Coughs,
Colds, aud all Throat and Lung oieciious.-
The only objeet'ot the advertiser in sending
the prescription Is to benefit the afflicted, and
tpread Information which he coneeiyos 10 bo
invaluable add he hopes every tufe,er will
try his remedy as twill cost them nothing
aud may prCys q blessing. Parties wishing
the prescription TREE, 6y return mail, will
please address
REV EDWARD A. WILSON.
Williamsburg Kings County, New York.
May ely.
The Conservative. (M'connelsville, Ohio) 1866-1871, 1868-06-04

At tho end Of Q fearful war the
poopie had o right to expect that tho
sxpenseB OF the g~overhmsat shoUld be
lroNght back atonee, 70 o peaoe foot
irg They 6ehanded a reduction Oh
.usg 5Ae army to what II wasl 10 1850; that
~ tbs useless monitors should be soid.ior
old IRON that tho hundred thOnsand
ttt,yss, called oflca.hoiaors, should
DO dismissed and the appropriations
The Conservative. (M'connelsville, Ohio) 1866-1871, 1868-06-04
ERRORs on d

A gentleman who suffered for years from
Nervous Debility, Premature Decay, and all
the objects Of youthful indiscrotion, will for the
sake ofufre ring humanity, send FREQ to all who
need II, the recipe and directions for making
the simple remedy by which he was eAed.0
Sufferers wishing to profit by the adycrtiasr's
experience, can do so BY addressing, In perfect
confidence, JOHN Is. OGDEN,
AZ Cedar Street, New York.
Eay9-lyr.