davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-11
SUPREME couaT-GsNenAl TERM.

An Interesting Litigation Concerning a VIII.
Before Judges Barnard, Ingraham and Cardozo.
IN the Natter or Proria0 the Last wal ana Testo
faent Qf John Shepard, Deceased.-The tesator made
two wills. one in 1855 and the second in 1864, be-
qucathinp his estate, valued at about &3o0O to GER
tain relatives and appointing his son. william 8.
Shepard, and his son-in-law Hiron w. Allen execu-
tors. In the first will, among other requests, he
directed that the proceeds Of four houses Brook
lyn belonging to his estate, be divided equally be-
tween his daughter, Leorena Allen, and his sons,
william s.. James q. and George W. Shepard. In
the will OF 1864 he made the same disposition OF his
property, with the single exception that william ).
Shepard Is omitted from the distribution OF the pro-
ceeds OF the sale OF these four houses. Both wills
were offered for probate before the Surrogate, but
the will OF 1894 only was admitted.
The case came up yesterday on appeal from the
decree Of the surrogate as erroneous 10 admitting
ment The tesator died In 1897 at the age eighty
four years, and was them according to the testt-
mony OF witnesses before the surrogate, In Q very
in1rm condition or mind, bordering closely on
idocy. lie was, st the time OF making the will OF
1894 almost blind and his memory was bad. Twenty
years ago he was considered Of inrbecile mind, and
could not collect his ideas, and was generally called
'Crazy Shepard His widow, who received the same
apportonment OF the estate under both Wills tesriled
that she married aim fifteen years before his death;
his mental powers gradually faded away from the
time OF her marrying hfn, and his sight failed In ike
dered and he insisted that things which he imagined
had an actual existencc lie did not in his better
days, comprehend anything outside Of his ordinary
business and would persist In asking for rents that
were not due, &C. Among other strange freaks IL
was also testified that he would sometimes crawl on
his hands and knees to dinner or up stairs.
His son. William Shepard, now contests this last
will on the ground that, by reason OF age and inrm-
ity ut the time Of making IL, he Incompetent to
make valid testamentary disposition OF his estate
and that competency TO execute q testament dees
not exist unless the alleged tesator has reason and
understanding eufncient TO comprehend the act at
the time or It's execution. The Court, after argi-
mcnt BY counsel on both sides set aside the decree
Of the Surrogate admitting the Will OF 1854 to pro-
bate and ordered issues 10 be framed for trial before
jury 70 determine the question OF the competency
Of the testator For the contesfant Ira Shaleg for
the respondents W, A. Allen
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-11
COURT or GENERAL SESSIONS.
The Raid ON Tenement Houses.
BEFORE Indre Russel.

This court met yesterday. the City Judge presiding
Assistant District Attorney Hutchngs appeared for
the prosecution.
Edward +. Creech, jointly indicted with Charles
Dorsey, pleaded guilty to forgery In the fourth de-
gree. He was charged with forging on the 10Th Of
September an order directing Russell q Erwin to
deliver twenty kegs OF nails and charge them to
Corbett y Clemond. The prisoner was sent TO the
State Prison for two years
Nell Costello, who was indicted for forging check
on the Market National Bank for the sum OF 1907,
purporting 10 be signed by II. Morrison, pleaded
guilty to forgery In the fourth degree. He was sen
fenced To the Penitentiary for one year.
Joseph II. Mclaughlin pleaded guilty to larceny
from the person, he being charged with stealing o
pocketbook containing nfteen dollars on the 10th OF
June, the property OF Christian Kern.
sarah A. Reed pleaded guilty TO an indictment
charging her with stealing seventy dollars worth Of
ladies' apparel from Mrs. Sophia Levy, 615 Hudson
street. on the 10th OF June
These prisoners were remanded for sentence.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-11
COURT Or SPECIAL SESSIONS.
Before Judges Bowling and Kelly.
IN TIE GRAPE LINE.

IN THE GRAPE LINE.
Edward Heart, hearty little customer about knee
high to good sized mud turtle, was placed on trial
for stealing small box Of grapes from grocer in
Greenwich street. named Nelson Duckworth.
on being placed on the witness stand Mr. Duck.
worth said he didn't know who stole the grapes but
his porter did.
The porter testified to his taking the grapes nom
the accused
Heart denied the son Impeachment. The grapes
were sour 10 him.
The Court said he Was guilty, but would suspend
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-11
supaEn: c9ulT-clIAxBcRs.
Decisions Rendered.
BY Judge Sutherland.

BY Judge SutherIhnu.
B1rold rs. BdTold.-Report OF referee connrmed
and Judgment OF divorce granted.
John ". Patterson u.s. freeman HaIrd.-Motion
granted without costs to either party.
Beatz, &C., cs. Be,stz et ai.-Order granted.
Pratt Us. Wheeler.--0rder granted.
Phillips rs. Clark.-Motion granted without costs.
IN NE Matter OF me Petition or Robert NJ G. ord
nam et di--Petition fled and order granted.
By Judge Barnard.
Josephine Btdncdn rs. John II. Observation-Disclosures
OF referee confirmed and Judgment or divorce
granted. Custody OF children awarded to plaintiff.
BY Judge Ingrahan.
IN the Natter or Norman y. GftGTn, Lundtfc.--
Application denied.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-11
COURT CAltpgAs-THs DAY.

sUPRENE CoURr-GEsERAL TERMINUS. q s. g.
s. o %, ~, 1a II, II, Is Al, A., AZ, A. As, 49, Al,
A., 49, 90.
SUPREME C0URT-CHAMBERs.-Nos. 1l2, 122, 1914
1A 1f5, 1874, 1877, 16s, 169, 212 2lg, 22o.
SuPERI0R CoURr-TRIAL TERM.-Part 1.--Nos. AIT,
Sl6 ol, 276, 81, OH, 229, Sss. SOL, 3S7, 3s7, 43
255 435, 155.
COMMON PLRAs-TRIAL TEnM.-Psrt Mos. e02,
1853, el2 1882 1859, 1349, 1850, 1851, 1882 1864,
1858, 1852, $685. 1864, 1886. Part 2.--Nos 43l 100
2t4S, ss7, s5s 1876, 9s 1885, 1866, 1897, $685. 1892
lS7O, 1872. 1879.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-11
UNITED STATES CIRCUIT COURT.

Tho ssGasIight'' and "After Darkn Contro.
versy-A New Sensation Not Set Down in
the Bills.
Augustm DAILY fled a bill of complaint in the
Clerks Office OF the United States Circuit Court for
the Southern district OF New York against Henry D.
Palmer and Henry C. Jarrett setting forth that he II
dramatic author by profession ana has for several
years been engaged in the business Of composing,
writing and producing on the theatrical stage in this
city and other cities OF the United States dramatic
compositions commonly called plays; that the de-
PENDANTS, Palmer and Jarrett, are managers OF
Nibo's Garden, public place OF theatrical amuse.
ment that complainant, before the LIST day
Of August, wrote q dramatic composition called
'Under the Gaslight,n romantic panorama or the
streets and houses Of New York, the said play
position being his (c0mplainants) original concep-
ton and invention and was designed and suited for
public representation; that the LIST day of August
the clerks Office OF the District Court: that by such
copyright he secured the exclusive right to act per-
form or represent the said composition 'Under the
Gaslignt" and that subsequently said play had been
presented and performed. The complainant then
goes to refer to the great successes which attended
Dion Bouccaut, dramatic author and theatrical
manager. . native and subject OF Great Britain,
without the knowledge or prvity Of complainant.
which play said Boucicault introduced several or the
scenes and Incidents OF compliments composition,
substantially retaining the Attractive features Of
complanants play, particularly the railroad scene
The complainant then charges that the de.
PENDANTS Palmer and Jarrett, are about to sell
copies OF said play "After Dark to be pub
hcy represented, In violation OF his complain
'ant'sl rights, '&c. The complainant relating ct
great length his grievances and the wrongs inflicted
or about to be inflicted on him by the said defend
ants, by their production at NIbos Garden Of Bouo.
cault's play, 'After Dark prays for writ OF In
junction; also preliminary Injunction restraining
praying for writ OF subpoena commanding the
said Palmer and Jarrett to appear before Judge
Blatchford TO answer In the premises.
The subpnnas have been served. In accordance
with the application, and the parties Will be all In
court Saturday next, when lively scene Will be
enacted.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-11

AN INDICTMENT AGAINST THE PRIZE FIGHTER SED.
noNs--ln the Superior Criminal Court this forenoon
sne srand Jury reported an Indictment against Geo.
csusons, VI South Boston, the prize nghier, and
nent 70 indulge in q prize light. lie was arragned
sn au Dreaded NOT guilty His counsel, Major Manau
Ill MAKE an attempt to have his bail reduced IL
low $o'oov. boston Ttuycile7., Noe. o.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-11
NEW YORK CITY.
THE COURTS.
UNITED STATES DISTRICT COURT.

The mcssmore-KentnckyB bourbon Company
Case.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-11

NEW YORK HERALD WEDNESDAY H.
Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1868-07-03
cRANr's ELoquENr GRATITUDE.


The magnificent order Of General Grant
to his troops after the great triumphs at
Lookout Mountain and Missionary Ridge is
perhaps the most eloquent Of all his military
writings We reprint it, not only that he
may not be forgotten, but that the loyal
people Of the South may understand how
Meg viii be cared for when be. is elected to
the Presidency, in despite Of the efforts of
the same traitors who have been restored by
Andrew johnson TO rights which they have
shamefully abused
HEADQUARTERS MILITARY DIVISION OF
THE MISSISSIPPI, IN THE FIELD, CHATTA-
NooGA, Tenn, December 10, 1863 The
General commanding takes this opportunity
of returning his sincere thanks and con-
gratulations to the brave Armies OF the
Cumberland, the Ohio, the Tennessee, and
their comrades from the Potomac, for the
recent splendid aud decisive successes
achieved over the enemy In short time
you have recovered from him the control Of
the Tennessee river from Bridgeport 10
Knoxville You dislodged him from hi.
great stronghold upon Lookout Mountain
drove him from Chattanooga Valley, Wres-
ted from his determined grasp the posses
sion Of Missionary Ridge, repelled with
heavy loss to him his repeated assaults upoI
Knoxville, forcing him to raise the siege
there, driving him at all points, utterly rou
ted and disconfitted, beyond the limits O
the State BY your noble heroism and de
termiued courage you have most effectually
defeated the plans Of the enemy for gaining
possession Of the States Of Kentucky ant
4 Tennessee.
You have secured positions from which
no rebellious power can drive or disloigt
y0a. For all this the General commandin.
thanks you collectively aud individually
The loyal people of the United States thanl
and bless you Their hopes and prayer!
for your success against this unholy rebellion
are with you daily. Their faith in you vii
not be in vain. Their hopes viii not b.
blasted Their prayers 10 Almighty Goo
viii be answered. You will 60 to Other
fields Of strife, and with the invineible bra
very and unfinching loyalty to justice anC
right which have characterized you in the
past, you will prove that no enemy car
withstand you, and that no defenses, how
ever formidable, can check your onward
march By order Of u S. GRANT,
M;ior General.
Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1868-07-03

We learn from tie Fayette Staadrd
that, al a meeting of the Finance Commit
tee Of the Baltimore and Ohio Railway, on
the 10th inst. that Company subscribed one
% lion Of dollar 10 the Connelsvll roaG,
two Individual members of the Committee
adding ninety thousand doll0rs thereto. IL
has been determined to complete the work
without regard to the action OF the Fort
Wayne or Pennsylvania Central Companies,
the delay hitherto having been occasiGned,
the Standard s. Us, "by the failure OF the
President Of the Pittsburgh and Chicago
Road 10 meet Mr. Garrett, 10 cOnsumm .te
the proposed connection between that aud
the Connelsyiiie Rord, the failure Of which
1t vas generally supposed would ent rely de-
feat the ConnelisYile Road Mr.. Garrett,
o the Baltimore and Ohio Railroad Com
pany, Is further reported saying to Mr.,
Stewart. OF L niont0wn, that:
1--WE do not anticipate that ihe arrange
ment between the Pennsylvania Central and
Fort Wayne Bgrds, viii affect in the slight
est degree our determination to bulid with
great rapidity the CoLneisville Road
Pittsburgh and the excellent connections
which already exist al that city, and those
that can readily be established, independent
Of the Fort Wayne Road, viii secure u very
larre and valuable traffic
The Staadqrd thinks there can be no DIFF
fculty in obtaining subscri )tions for the
second million Of Connclisvil bonds, aud
concludes an article which abounds with IN
dicatioHs ofits confidence 10 the speedy ac-
comglishment Of this project, compliment
10 a distinguished citizen Of Fayetto, as
follows,
Mr.. Stewart is entitled to credit for his
long aud continues efforts to 0 olsummate this
connection between the east and west, by
the waters of the Potomac and IoughIogh-
eny, having obt.iuei the first appropriation
Of thirty thousand dollars for this object in
June, lS23-torty-fve years ago, and has
been iab0ring against the efforts Of the
Pennsylvania Central 70 defeat it ever since.
The thanks Of the ,eople along the line Of
the Connelsviile Road are especially due
Mr. Stewart for his last successful effort, at
his advanced age, to secure the eomPle
tion of this great work, for which he has la
bored for ne rly half a century. '-FiftsJurgh
Gazette.
Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1868-07-03

authority over six States Of the Union which
has never been delegated to Congress, nor
is even warranted by previous unconstitu-
tioaal legislation upon the subject Of
restoration. 1t imposes conditions which
are in derogation Of the equal rights Of the
States, and is founded upon theory which
is snbVersive Of the fundamental principles
Of the Government In thecase Of Alabama
it violates the plighted faith Of Congress by
forcing upon that State Constitution which
was rejected by the people according to the
express terms of an act Of Congress re-
quiriug that majority Of the registered
electors should vote upon the question OF
its ratification.
For these objections, and many others
which might be presented, cauuot approve
this bib, and therefore return il for the
action Of Congress required IN such cases
by the Federal Constitution.
ANDREW JOHNSON.
Washington, D. c., June 25, 1868.
The message occupied about three minutes
in reading IN the House. Hon. Ihaddeus
Stevens demanded the previous question on
the passage Of the bill over the veto, which
eat off all debate. This was sustained, and
the bill was then passed over the veto by a
vote Of I05 yeas to 30 nays-a parry vote.
1t was then sent to the Senate and passed
over the veto-yeas IS, nays sand Is nov
a law,
Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1868-07-03
ABOUT ENTHusIASM.


Some of the democratic journals are dis
tressed at what they call the lack of enthusi-
asm for the Republican candidate for the
Presidency. People do not toss up their hats
for Grant, there is no tumultuous applar Sc
when he appears in public, and so on.
Perhaps one reason for this is that Grant
IS not in the habit of tossing up his own hat;
his manners are simple; he does net court
applause: he dresses plainly, talks in quiet
way, and has, ever since he has been known
to the American people, conducted himself
in way to persuade people that shouts and
public praises were not welcome to him.
In this be differs widely from some others
of our public men, whose highest ambition
is to be stared at, fattered and surrounded
by adr'ating crowds. Grant S highest
ambition, on the contrary, has always been
to do his duty That has been sufficient for
him. He was never the favolite theme of
newspaper correspondents at any time in the
war. Whomeyer they might praise, they
generally had few words for Grant. When
AAG NeAAAiC " LLE A4aeA3 anu n41dE HIS IGd4-
quarters with the Army ofthe Potomac we
remember hearing old soldiers of that army
express qualification at the fact that he did
not exhibit himselfin splendid array to the
soldiers and court their shouts; he moved
quietly about; no shining and numerous staff
accompanied him on his daily ride, no CON
spicuous escort or bodyguard marked his
presence in the field; and when he first went
to Culpepper the men, who had been
accustomed TO Il splendor displayed by
| General Mcclellan, were amazed to see the
General ofthe Armies walk to the railway
station in the morning. with single orderly
to carry his carpet bag, leaving the formal
escort at their wits end for duty to do.
fit is crime or an offence to love plaia
ways, a simple life; to avoid what General
Mcclellan conspicuously courted-military
pageants and unrepubHcan demonstrations
of regard for his person-if to be utterly
unspoiled by his remarkable fortunes is an
offence in General Grant. then he is certainly
a great offender. For it is unauestionable
that he is now as plain in dress, as quiet in
his habits, as simple and unassuming a
citizen as he was when he entered the army
as colonel He is content to do his duty;
this is, as it has been, the alpha and omega
Of his thoughts; and the American people,
who know how to respect and value the
kind of character he has developed, do not
think the less Of him that he does not court
the noisy plaudits of crowds.
We should have fallen very low indeed,
if as people, we knew not how to ap-
preciate the sterling character Of man like
Grant; if we needed in a candidate for the
Chief Magistracy, that he should court and
create personal devotion for himself 10 his
adherents, and thus make the political
struggle a personal one. IF that were
necessary, then truly Grant would not be SO
good candidate as the first glib-tongaed
demagogue who could be picked up in the
taverns of New York --Uoraing Post.
Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1868-07-03
LErrER rRoM aoccAsIoNAL.,,

WAsHlNGTo.. June 26, lS5S-Ihc Dca-
ocrais ~ South Casotla are on Heiru1gio
-Aelg York The rebels of the whole S0tjh
Will be heavily represented In the Democ.af-
&c National Convention on the 4th OF Jaiy.
South Carolina Will, as usual, take the lead
ind the correct list OF her delegation ID
the Charleston Mercury of day before yts-
terday. 4 few of the names-a little Of tle
history OF this band Of worthless, will boa
refreshing exhibition to my readers:
FOR THE STATE AT LARGE.
De'egatcg.-IIon. 3. f. Perry, Hon. ,hs,
James b. CampeIl
Aitcrnates-Judge S. A. Inglish, JudgeA.
z. Aldrich, Hon. c. N. Furman, Chancellor
j. p. Carroll.
FOR TIE FIRST CONGRESSIONAL DISTRICT.
Colonel W. S. Mullins, Hon. J. T.. Na-
ming, General j. B. Kershaw, Hon. Is. ID.
zier.
FOR TIE SECOND CONGRESSIONAL DISTRICT.
Hon. Carlos Tracy, Hon C. Ii. Simoutoa.
H. u. Rhett, Jr., Esq, John Hanckel.
FOR THE THIRD CONGRESSIONAL DISTRICT.
Hon. John s. Preston, General N. ". Gar.
General VI. l.. BoHham, Hon. A. =. Fret
rick.
FOR THE FOURTH CONGRESSIONAL DISTRICT.
Hon. Armistead Burt Hon. w. D. Simt
son.
Let me make note Of some of thea
men:
Wade Hampton Tex rebel general), James
Chesnut "a seeding United States Senator
and member Of the rebel Congress), Juire
Aldrich last year removed by General
CANDY from his judgoship for open hostility
to the Government), Ex-Governor John !.
Manning (rebel commissioner from South
Carolina In 1861, and member of the Safe
Convention that declared South Carolina
out Of the Union). ~ L. Bonham lone Of.
the seeding members Of the XXXVth Con-
gress, representative in the rebel Congress.
rebel Governor OF South Carolina, and one
OF the rebel commissioners to Buchanan wha
demanded that the Government should
not attempt to hold Fort Sumpter), and
Robert BaruWell Rhett, the Calhoun Of the
rebellon-the first man who In the United
States Congress- of which be was both Re
preventative and Senator. openly advocated
the dissolution of the Union. Of courge he
was the malignant advocate of the rebellion
and led in demanding it in the convention az
his State, and supporting il u the Congress
at Richmond. The following sentiments
are taken from his speech in the South
Carolina Convention, on the 9th of Deem
ber, 1860, as they appear in Nc Phersou'
History Of the Rebellion, page Is
The secession Of South Carolina Is not an
ece1t Of TO-DAY. II IS not anything produced
by Mr. LiaeolH's election, o. bg the noa-srs-
Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1868-07-03

come worse than useless, an absolute bane
instead Of blessing. We can at this mo-
mont point to counties with three or four
papers, no one Of which is fit to appear in
the family circle, Or can be read BY any one
without harm; all the result Of ill-timed ef-
forts to support several papers where there
is scarcely sufficient patronage to support
one respectfully Where there are but one
or two papers in county, a proper patron
age is generally all that is wanting, but this
is oft IN withheld, by community that is
not able to discern the fact that its local pa
pers are the criterion, BY which its enterprise
and intelligence are judged of abroad A
good local newspaper. literally patronized is
the best possible recommendation BY which
to induce men of enterprise and capital to
settle in a community. Every community
that cousr'ts its own best interests VIII,
through its intelligent business men, give a
liberal patronage, both in subscriptions and
advertising, to its local papers, and look with
jealous eye upon all efforts to dwarf and
emasculate them by any increase of thei
number until it becomes too clear to admit
Of a doubt that it is really needed.
From our own experience, and judging from
our numerous exchanges, we feel safe il
declaring that there IS acarc 1ly a cor1ty in
the State Of Pennsylvania. with less than
10000 T, $4,000 inhabitants, which VII
support more than two local newspapers Il
a manner that W / justify conscientious anj
qualified men in taking ehsrge of them and
making them, what such men only can do,
chapnels Of inflammation that win elevate and
improve, morally. socially, Intellectually and
pecuuia- y, the community in which they
circulate. If every community were to act
upon this principle, we firmly believe that it
would be one of the most efTectual antidotes
that could be devised to purge the coun.y !
from the food-ide ofcrime, wickedness and
venality that now dcluges our land
Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1868-07-03
PRESIDENTS MESSAGE.



The following is the message of the
President Of the United States 10 the House
OF Representatives returning with his oh
iactlons the bill for the admission OF North
CaTo!ma, Louisiana, Georgia, Alabama and
Florida to representation in Congress
10 the House of BlpreseRlatires-In re-
turning to the House OF Representatives. in
which it originated. bill entitled AN act
to admit the States Of North Carolina.
Louisiana Georgia, Alabama and Florida TO
representation in Congress, | do not deem
it necessary to state at length the reasons
which constrain me TO withhold my sigma.
ture. | will not, terefore, undertake at
this time to reopen the discussion upon the
grave constitutional questions involved 10
the act Of March ,, 1867, and the acts
supplementary thereto; in pursuance of
which 1t Is claimed in the preamble to this
bill these States have framed and adopted
Constitutions Of State Government Nor
will repeat the objections contained in my
message Of the 10th instant, returning
without my signature, the bill to admit to
representation the State Of Arkansas, and
which arc equally applicable to the pending
measure.
Like the act recently passed in reference
to Arkansas, this bill supercedes the plain
and simple mode prescribed by the Constitu-
ton for the admission 20 seats in the re-
spective houses of Senators and Repre-
sentatiyea Of the several States. 1t assumes