davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1868-03-21
SUPERIOR CoURT-THiAL TERm-PAaT 2.

The Relation Between Landlord and Tenant.
Before Judge Barbour and Jury.
Doupe os Gennin.-This was a suit to recover
damages arising out Of the alleged negligence Of the
defendant In not repairing the roof Of the premises
No TIT Sixth The defendant Gennin Is land
lord of the entire building, and rented the basement
and first story to Doupe. On the lst Of February,
1867 fire occurred In the neighborng premises and
burned off the part of the roof OF the building in
question. Plaintiff then applied to defendant to put
up temporary and repair the roof generally,
which, as plaintiff alleges. defendant promised to do.
Not having done so, however, plaintiffs upholstery
goods were damaged to the amount Of $4,000, owing
to the inclemency OF the weather. Plaintiff claims
that the conduct OF the landlord was grossly negli-
gent, and is consequently liable for the injury to his
goods. He also AYERS that the defendant exacted
the rent during the entire period OF his tenantcy.
The defendant contends that he is not liable in
point OF law, inasmuch as the p,antiT should have
quilted the premises as untenantable.
During the course Of the arguments the court held,
proposition OF law that the relation OF landlord
and tenant between parties did not ente the plain
tiff to recover except on the ground Of negligence
the part of the defendant.
The case is still proceeding.
For plaintiff, Wakeman, Latting d Emott; for
defendant, Clark h Bell.
The New York herald., 1868-03-21
BROOKLYN INTELLIGENCE.

COUNTERFEIT NATIONAL BANK BILLs.-A man who
refused to give his name was yesterday arrested by
officer Walsh, of the Forty-ift precinct and locked
up to answer charge OF attempting to pass coun-
terfeit $40 bill on the Marine National Bank OF New
York at the store 26S Grand street, f. ID. The ac-
cused' Who VINO Is = about boz ty years Of age mad SO IN
Fourth street station house, but other
bogus money than the $40 mentioned was found
upon MIN. He asserts that he got the bill from a
canaller, and did not know it was bogus when he
offered TO pass 1t. lie Will be arraigned before the
United States Commissioner for the Eastern district
OF New York to-day.
SUDDEN DEATH OF AN OLD CrTIzEN.-Mr. John
Cocks OF the Oldest residents of the Eastern dis
trict, died suddenly yesterday morning at his resi-
dence in Eighth street.
SCHOOL Boy KrLLED.-A boy named Charles
Madigan about twelve years of age, pupil at
public school No. 25 in Walworth street, near Myrtle
avenue, was fatally injured about noon yesterday,
and died last night at the residence of his parents,
ThrOop avenue near Stockton street. 1t appears that
the deceased when leaving school at recess induged
in the dangerous custom among boys of sliding on
the banisters and losing his hold fell over falling
from the third story to the first, distance OF about
forty feet. The unfor tunae boy struck the back
part or his head producing concusson Of the brain
which resulted IN death as above stated.
ACCIDENTs.-Danie Dadey, while engaged in
hoisting cargo from the hold Of the brig Cora lying
at Woodruff a. Jackson's wharf, had his leg broken
by the fall of barrel of molasses, which being
raised to the upper deck He resides at 81 Roosevelt
street, New York. The injured man was removed to
the College Hospital Henry street, for surgical aid
officer Charles r. Aldrich, OF the Forty-sec0nd
last by falling down an way while stepping
over as he supposed, the steps which should span
the entrance TO building Adams street.
the door OF which the policeman was about to
examine, when he was preciptated down into the
area, height Of eight feet. His recovery is consd-
cred doubtful. The steps had been removed
through the careessneSs OF some OF the employees OF
the place. and, 1t being dark at the time, the ocer
was unable to discover this fact.
The New York herald., 1868-03-21
THE STREET CLEANING INVESTIGATION.

Review Of the Testimony or jackson 8.
Schultz-A Street Inspector ON the War
Path-(sallant Defence Of Judge Whiting.
Mr.. Wolf u. Ambrose, Inspector OF Streets IN the
Eighteenth Nineteenth and Twenty-nrst wards has
addressed q communication to Judge Whiting, con-
tractor for cleaning streets (which we give below
in which he reviews the testimony given by Jackson
8. Schultz before the Senate Committee, and which
testimony was published In full In the HERALD
OF the 10th inst. Many OF the statements
made by Mr.. Schultz, based on his experience
while In the Board OF Health, reflect severely on
the manner In which the avenues OF the city have
been attended to. Mr.. Schutzs testimony un.
doubtedly had great weight with the committee, and
Mr. Ambrose, feeling 1t incumbent on him, from his
presumed knowledge Of the whole NATTER to remove
erroneous statements, has somewhat tartly, we
think, but quite directly reviewed the matter OF the
ex-president and ex-member Of the Board OF Health,
and 1t is now for the public to say with what effect
The averments Of Mr.. Schultz having been generally
correct let his readers listen TO what Mr. Ambrose
has to say in defence Of Judge whItngs course and
case:-
JAMES r. WHITING, Esq.:-
viewed the testimony Of Jackson s. Schultz, ESQ.,. as
reported In the NEW YORK HERALD OF the 10th inst,
sad TO have been given before tne committee of the
don Of the streets of this city, As there reported
appears that Mr.. Schultz gives his views, as profess
edIy based on his experience and observation while
member OF the Board OF Health relative to the 0ues.
ton OF street cleaning In Its various aspects as then
entertained by the committee. Now, sir | am un-
willing that the representations OF that gentleman
to the committee, howsoever plausible they
may seem to the uninltlated, or even TO
the committee ITSELF should be allowed TO
previous Official position would naturally In
nuence the Recommendations which those gentle
The New York herald., 1868-03-21
SUPREME CouRT-CIRCUlT.
Before Judge Balcom.

Before Judge Balc0m.
Felf1 Marr Us. Joseph Rottan Louis Reinstein
and Arother.-This was an action to charge the de-
PENDANTS as partners with the purchase price of
goods sold by the plaintiff in 1855 and delivered to
one OF the defendants to be used by him in his bus
ness sutler of the Tweny-hrst United States col
ored regiment, stationed at Hilton Head, s. G. The
plaintiT alleged and gave evidence tending to show
that the defendants Rothan 4 Reinsteln were part
ners with the defendant Adolph Bessie, and were to
share the profits and losses Of the business.
The goods in suit were bought by the defendant
Bessie, the sutler OF the regiment, and used In the
business and, as he testified, the proceeds were re-
ceived by the defendants Rothan a Renstein. The
goods bought in the name OF Bessie, he giving
his individual note for them because as he swore,
should be conducted In the name OF the
suffer- and he alone could be recognized and
known as being interested In the business:
the partnership and claimed and gave proof
that the business in fact Rothan's alone; that
Bessie was merely an agent OF Rothan and had no
notified not to deliver these goods and that
Bessie alone was liable to the plaintiff The defend
ant Bessie swOre to the partnership The defendants
ROthan Reinstein then produced an aflidavit
made by Bessie at Hilton Head in 1865, wherein ne
swore that he bought the goods on his own individual
responsibility and Rothan Reinstein were not part
nor liable. This met by the plaintiff show
ing that the other defendants caused Bessie and his
prs0ned for an alleged fraud In the business, and
this affidavit was made under duress and promise
by the defendants to procure the release OF the
fatherin-aw, whose life endangered by sickness
and Imprisonment.
The jury found verdict for the plaintiff for the full
amount claimed and that the defendants were all
TIM Mr.. Runkle and Mr.. Quackenboss for de-
PENDANTS.
The New York herald., 1868-03-21

OFFENCE may not be repeated and that you and the
community may know that no man can disregard
this law and escape punishment. do not, however,
intend To accumulate penalties upon you, trust
ing that the infection OF the highest penalty
prescribed by any one OF these sections will be
The sentence OF the court therefore is that you be
fined $500 and imprisoned for two years, the SEN
tence to be executed in the Albany Penitentiary.
though, like the majority OF prisoners con-
victed OF grave offences, hoping that the PEN
atty TO be meted out might be considerably
lower than that provided for the offence.
Had 1t been merely a fine Deylin would
have produced the amount required and walked out
added TO the fine Imprisonment In the Albany
Penitentiary for term of two years he looked for
moment as II all hope had departed. lie was re-
Marshals, and VIII be removed to his place Of con-
hnement Immediately.
The New York herald., 1868-03-21

On the night OF the five hundredth representa-
tion OF "Guillaume Te,n Rossin abandoned his
profits to the benefit Of the pension list OF the
opera. lie has also sent TO each member OF the CON-
pany his carte de uisite, with the following nscrIp-
tion:-"A. NJ. -. A poccasion de Ia cfnQ-centiene
representation dc 'Gui1dune 7sH,' souuenfr recon-
nafssant. G. RoSSINLn
Mlle Augustine Brohan, OF the Coincide, clever
actress sister OF the more renowned Madeline
Brohan, has just obtained pension OF 6,40o francs
for twenty years OF consecutive service at the
theatre. Augustine Brohan was born In Paris on the
OF I'd December, 1924 and became member OF the
company at the National theatre while still In her
sixteenth year.
Music and Fenanism seem to contest the palm In
''that beautiful city called Cork" Music however,
Is In the ascendant and the selection from Roesinis
..stabat Mater.n which formed the staple OF Mr.
pronounced by the Cork Examiner q great success.
The singers we're Miss Blanche Cole, Miss zerbin
Mr.. Parkinson and Mr.. Sullivan.
On the gross receipts OF the provincial theatres In
France six per cent Is levied for authors rights, TO
be divided among them In proportion 10 the number
OF acts In each piece. When the Lion Amoureux''
OF Pansard was performed In the country that per-
centage was raised by the writer TO eight for his
work alone. This exaction, which excited just but
sterile complaints on the part OF the directors, has
Just been initiated by the author OF Pau Forestier"
M. Emile Augier, who demands eight per cent OF the
gross receipts rom the managers who wish to play
his piece AS the drama is too short TO occupy he
whole evening, this demand will raise the total pay
ment from six per cent to ten or twelve.
lie Premier Jour de Bonheur,r Auber's new
opera, is now rendering the Opera Comiquc the
fashionable house In Paris. 1t Is certainly q re-
markabe composition. 1t has all the freshness OF
youth. .Fra Davoon has not a clearer stream q
melody; ia Muette de P0rtici" Is not more dra-
matte. Like many OF Auber's operas, the oveHure
contains the elements Of lasting popularity. The
principal motive OF this is the song Of the Djinns,
which DJcma sings In the second act. Many OF tho
most sprghty and orcible passages OF the opera are
introduced In the overture. The opening chorus is
bright aud lively composition, not unlike the famous
"Fisherman's Chorus.n
The exaggerated fashion In which spanish audi
ences testify esteem has often been remarked Re-
Gently Mile. Spezia came In for share OF these com
pliments after performance Of ~ Barbiere.n Inc
benCJEdf3e was overwhelmed win n0segays ana
verses, while doves were let loose 70 greet ier But
the admiration Of the public dd not st0p mere. IL
took more substantial form IN the shape OF pre-
sents Among them may hc mentioned gold crown
with flowers Of emeraGs aud rubcs; an ornament OF
brilants and pearls: another Of bfliliats and Roman
mosaics The last was a tribute rom the lady sub
scrbers TO the hOXcs. al tut-e were offered 10 sig
nora spezia on the stage ~ commiltee of sub
scriDers, who carried l' o. chased silver salveg
The New York herald., 1868-03-21
SUPERIOR COURT.
Important Stock Decision
Before Judge Mcneil.


Lert cray Us John A. Under,oood d Son.
1865 the defendants, who were brokers and members
Of the regular board had In their hands one hun
dred shares OF Erie belonging to him; that Erie then
falling it was agreed by the defendants that II he
would sell that one hundred shares they would sell
another hundred short - that he did sell the Erie
on hand but the defendants refused to make the
"shortn sale. He also claimed that the contract was
an entire one, and being broken, the plaintiff was
entitled to recover upon the Erie sold the differ
ence between the selling price and the highest price
the stock reached before the trial. and recover also
as damages for not selling the stock "short,n the
difference between the price upon that day and the
lowest price reached by the stock before the trial
MED that they had ever made any such contract and
asserted that at the time it was alleged to
nave been made the plaintiffs margin was
entirely exhausted; The defendants. coun-
contract had been made IL was not entire, and that
as the stock on hand had been properly sold IL could
not be considered as an item OF damage; also that
as nothing had been paid the only damage recovera
BILE upon failure to sell short the difference be-
tween the price when the order was given and the
price at the time OF REFUSAL and th at as 1t appeared
by the PLAINTIFFS own testimony that he knew OF
such refusal the same day, only nominal damages
could be recovered In any event.
The court charged as claimed by the defendants
counsel that nominal damages were only recoverable
on the contract, and that only for failure to make
the short SALE Also that II the jury found the agree
ment between the parties was that margin should
be maintained In the hands OF the Defendants they
were not bound to execute any contracts after such
margin was exhausted. The jury rendered verdict
for the defendants, and the court directed the ex-
ceptons to I've heard In the first instance At the Gen.
eral Term, with stay or proceedings. Joseph "A.
welch for the plantin Geo. w. wingate for the de-
fendants.
The New York herald., 1868-03-21
SUPER Tor COURT-sPEClAL TERM.


Judge Robertson rendered judgment in the follow
ting cases yesterday
Stern Us. Fsist ct al-Motion granted, without
costs.
Stern Us. SOnneborg.-Motion granted, without
COSTS
NdtlebOhna 0s. Ttn,dn.-Motion granted.
Ge7i7ain Us. Bdker.-Motion granted.
ROcteS US. OttendOiJer.-Motion granted.
P2dtner cS. Bv7On.-M0tOn granted.
Taylor ct al Us. GrOOnle et dl.-Judgment for the
plaintiff; that the judgment mentioned in the COM
plant, as recovered by the defendant Wallace =.
Groome be adjuged and declared paid, satisfied and
discharged.
BY Judge Mcneil.
Aaron US. Baum et di.-Judgment for dssolving
the injunction and dismissing the complaint, with
out costs.
Stephens u.s. De Couts.-Judgment for dssolving
the injunction and dismssing the complaint, with
costs.
BY Judge Jones.
I'yandggtore cs. ggiore.-Report confirmed
and order granted.
Wi0Gin Us. The Horse Rider NdH Con,pdny.-Let
the respective counsel appear before me tomorrow
morning, March 21 at ten A. M.
The New York herald., 1868-03-21

SPECIAL CORRESPONDENCE or THE HERALD.

Preparations for the Election Under the Con-
stitution-Two Radical States, and a Pretty
Quarrcl-The Constitution ImperiIled by Its
Framers-Iinpcachmen Travestied In Isoui-
siana.
NEW ORLEANS, March Is, 1903.
There is sore trouble In the radical camp-such
falling out among the politicians that honest men
have almost puckcd up courage to look out for their
own. The republican party In Louisiana Is broken
up into two hostile factions as distinct aud as bit
tery hostile as Thad Stevens and President Johnson.
The split commenced long ago, and developed fully
when Mansfield bought up the Republican, anu sold
out Chase and the niggers. II has reached such a
pass now that the coming election under the conyen
on viii be as curious and instructive fght as any
In history, since those early days when first and
second murderer slaughtered each other while the
The New York herald., 1868-03-21
SuaROGATE'S COuHT.

IN the Estate or Hughes, Deceased.-Thls is an ap-
plication by Mr.. Alfred Kendall, representing the
heirs OF Thomas Hughes deceased calling upon the
firm OF HrXtall Sears merchants, to account for
the sum OF 900 deposited with them by the
deceased In April 1864 The intestate after he had
placed this sum in their hands in New York went TO
Arkansas ana died there very suddenly. The case
James, counsel for the heirs, attended to examine
Mr. Sears as To the claims made upon the estate
claiming . large balance to be due to them. After
some discussion the case was adjourned to Friday
next
Edwin James and F. Byrne for the applicants; G.
7. jerks, for the administrator.
The New York herald., 1868-03-21
Farragut and the Sailors.

BRIDGEPORT, Conn., March Is, 1893.
To THE EDITOR OF THE HERALD:-
We have with great pleasure and entire satlsfac-
ton observed in your valuable paper that you advo-
cate and approve OF Admiral Farragut being the
democratic candidate for President You could have
made no better choice. He is just the very with
whom on our ticket we can make n clean sweep
throughout almost all the States OF the Union, and
defeat Grant or any other radical candidate. Now
as we sincerely hope that the democrats will give
sold Farragut" the nomination, with United States
Senator James X Doolittle, OF Wisconsin, on the
ticket as Vice President predict certain success.
JACK TARS.
The New York herald., 1868-03-21
Before Judge Russell.

Before Judge KuSStI.
SENTENCES.
John Fareny, who was convicted OF grand larceny,
was sent to the State Prison for five years.
Charles Presley, John Barmore and Austin L.
Davis who pleaded guilty to burglary in the third
DEGREE were each sent the State Prison for four
years and six months.
John Williams, guilty OF an attempt at burglary In
the third degree. State Prison for two years.
Thomas Kitchen pleaded to an attempt al larceny.
State Prison for one year.
Charles Kramer and George NJ. DAILY pleaded guilty
to an attempt at grand larceny. Sent to the House
OF Refuge.
The New York herald., 1868-03-21
COURT or COMMON plsAs-speclAl Term.
Motion to Discharge nm Order Of Arrest.
Before Judup Barrett.

beIUre JUupe BHTTtIL
Ferhlns rs. coohe.-This was amotion to discharge
m order OF arrest. The defendant was originally
arrested upon the allegation that he the agent Of
the Plaintiff On the trial the plaintiff failed TO sus-
tain the allegation OF agency, and asked leave to
withdraw IL and serve an amended complaint.
Leave was accordingly granted and the amended
complaint was served setting up copartnersrip
between plantiif and defendant, and the latter now
moved to DISCHARGE the order OF arrest which had
been previously granted charge OF msapproprl.
The New York herald., 1868-03-21
COURT CAleNOAH-THIs nay.

CIRCUIT CoUT--Nos. 22l, 222, 223 224 225 226 227,
229, 230 23 232 234 TO 239 inclusive 2 243 244 ia
|
The New York herald., 1868-03-21
COURT OF GENERAL SESSIONS.

ation The court reserved decision For plaintiff G..
Whitehead; for defendant, II. W. Johnson.
The New York herald., 1868-03-21
UNITED STATES DISTRICT COURT.

Before Judge Blatchford
This case dragged its slow length along for another
day Yesterday, and goes into next week TO continue
draQgng.
The New York herald., 1868-03-21
NEW YORK CITY
THE COURTS.
UNITED STATES DISTRICT cauRT-la BANKRUPTCY.

Yesterday morning Judge Blatchford issued the
following notice to Registers In Bankruptcy
The attention OF Registers Is called to the fact that
General order NO. III Bankruptcy requires them, at
the close OF the last examination OF the bankrupt to
le all the papers in the in the oce of the Clerk
OF the District Court. such filing is duty imposed
the Register, and it Is irregular for him deliver
the papers to the bankrupt to his attorney or to
any creditor, or to any person representing either
the bankrupt or creditor The Register should see
that the papers are so filed as soon they are IN
condtion to be passed upon by the Judge In reler-
ence TO the question Of discharge.
Petitions Filed In Bankruptcy.
The following petitions were filed in bankruptcy
on the 10th and Goth inst:-Julius Barnet and Isaac
Bach, New York city, referred to Register Allen;
Asa Holt Jr, New York CITY, referred to Register
Dwight; Sacharia Rode, New York city, referred 10
Register Ketchum; Benjamin ]. Schoonmaker, New
York CITY, referred to Register Williams; William H..
Lane, New York city, referred to Register Fitch.
Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-06-04

Charles Sweeney refunded on account o,
his inability, &C., have examined the same
and would respectfully report in favor ol
granting the prayer Of petitioners which
WAS adopted
Your committee, to whom vas referred
the assessors' books for the year A d.
1865, for the purpose Of examination and
correction, have examined the same and
'nink the assessment 10 generally correct,
With the exception Of :he book returned
IRON Cleona Township, which 10, in the
opinion OF your committee, very poorly
made out, and will in the future cause con
siderable touble to the tax-payers Of the
sad township. We would also further
state that the assessments from Winfield
township and Princeton City need some
corrections, which should be made We
wsoii therefore report in favor Of accept
ing The various assessments with the
ABOVE excsptions), and also those excepted
whenever the same are corrected 10 the
oatsiactisn Of the Clerk Of this Board.
Which WAS adopted.
M.. kigg, from the Committee on School
fund. made the following repsrt
!, lour Committee, to whom was referred
the resolution Of James Means, 10 reference
~ room for the use Of the County Super
intendsnt 70 hold his monthly examination
OF teachers, would recommend that the
board pay for janitsr's services to attend
sucn examinations sum not to exceed two
dollars month. Which was adopted.
Mr.. Langhsin from the Committee on
Public Oaicsrs made the following report
isur committee to whom was referred
the report and bill Of the County Supsrin-
dent. John Gallagher, recommend that said
report bs received and filsd, and bis dill Of
$3.50 Be paid.
Mr.. Applsgsts moved to amend. and strike
out the item Of el70 for livery hire in said
Oil. Upon the passage the ysas and nays
were demanded % follows:
Ysas.Aessra. Applsgats, Moore, Baw..
den and Stsarns-4.
:, Nays-Messrs. Alpin. Davis, Kruss,
1stshss, Murray. Rigg. Blunek, Heron,
Langhsim. Means. Newton. Robsses
Cindt and Willismson-l4.
SO the amendment was lost.
Mr. Alpine then moved 10 refer The bill
back TO the committee. Which nosisn
was lost.
The report Va Thea adopted and bill Or.
dsrsd paid.
On motion ef NJ. Aatthss adjourned un-
el o'clock P. N.