davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1869-03-03
suaslARy N WASHINGTON STREET.

As officer Fehrenty, OF the Twenty eighth precinct
was patroing his post on Washington street yester
day morning he was accosted by q boy. afterwards
ascertained to be John H0wards who nurriedly In
formed him that the dwelling house Of George
Moore No. 500 that street. had been broken into rob
bed and four thieves had just left the premises and
continued he "there goes one Of them not" point
ing to man walking rapidly away from them. The
Oflcer quickly followed the retreatfng Individual,
and soon catching him arrested and took HIM
as James @. Kelley and was found to have In
his possession q frOck coat evidently not his
own, and secreted about his person several
skeleton keys OF the kind used by burglars.
onfcer found that the front door had been broken
open BY '.jimmy" and from Information received
from the occupants that properly consisting OF frock
coats and other articles OF mems wearing apparel
silver spoons silver butter knives pocket knives and
jewelry, amounting to over $500, had been carried
away. Soon after, the boy Howard q bright and in
telligent youth employed by MIR. Moore, picked up
near the dwelling part OF the clothing and some OF
the jewelry stolen. which the thieves had thrown
away In their night. Taking with MIN the jimmy
used In breaking open the door, found In the
room from which the property was taken,
the 0dlcer, with Mr. Moore and the boy Howard,
visited the station house. when Moore at once recog
nized the coat found on Kelley to be his property,
four he saw leaving the premises, three OF whom
escaped. Later IN the day Kelley was arraigned at
the JEFFERSON Market Police Court before Justice
Dodge, and the facts above narrated embodied In o
who Is mild, gentlemaniy looking person, without
the least semblance of william IN his cOuntenance.
In his informal examination, said he was thirty three
years Of age, born IN Ireland, printer by occupa-
say.h lie was committed FOR trial ct the Court oi
General Sessions without bail.
The New York herald., 1869-03-03
SUPREME couRT-caAnBERs
The Jury Question.


In the Natter Of the NGnddntGs or Th000eus n.
Lane, 6c-This case Is brought up BY the Board Of
Health to compel Judge Lane to proceed with two
cases In which they seek to enforce penalty the
one for $780, the other for s25o They brought these
suits in District Court before Judge Lane, and the
defendants demanded junss. The District Courts
can came % on for thai the dsfendants complained that sx
did not constitute jury. Judge Lane agreed with
more Jurors TIN than six for one jury, ana refused to
proceed with the caseA The Board OF Health
applied for mandAmus and an alternative one
dozo, but that Judge held that the not fully
enough before him as to the facts for him TO decide
70 Judge Sess
Mr.. Lane argued the case on hts own behalf. Mr..
ssnbrIer on behalf Of the deferdsnts IN one Of the
constitution OF lsl6 In providing for jury trials
meant the common law tury-of twelve men-that In
one OF the important subjects Of discussion, and that
then the bess minds had argued that
the 'G Constitution was ' adopted nun under ut the i'm I'm
preston produced BY these arguments. But that
even II the trainers Of the constitution intended to
adopt the n0n-jury cases then extant the total
tent OF trials without jury then existing was 10 cases
Of less than fty dollars Subsequent legislation had
There was no reason II sucn extension were per-
missibie why subsequent Legislatures should not
extend It to millions or to any penal matter
Mr.. Cadwallader. appearing for the Board Of
Health, argued that the constitutional provision
meant substantially that juries as then understood
and provided for for the purposes then known should
be hereafter required. That jurias Of six persons
were then known to the laws for minor cases and
penalties, and that the mere increase OF amount or
nominal limit made no dl1erence.
The Court reserved It's decision.
Decisions.
Judge Sutherland rendered Judgment In the fol-
lowing cases yesterday morning.
Lerendge ct al Us. Johnson Ct al There must be
. reference.
I0soeIi Us. Fbrde.-0rder granted.
Kee0Gn us. Kee0dn.-Papers not suff1cient-
Bingham Executor, Us. DisoT0e.-See memoran-
dunn.
Brotcn vs. He1levet dI-Reference ordered.
IN the Natter Of the Application or ne Third AUe-
nue. Railroad Company 10 Vdcdte Assessment
Motion denied.
Cnurch us. Church ct aL-Motion granted in
mart q
The New York herald., 1869-03-03
TIE thieves Of NEW YoRE.
How They and Their Alleged ALLIES Trent
Witnesses Against Them.


How They and Their Alleged ALLIES Trent
Witnesses Against Them.
Enos Lathrop OF No. $40 West Seventeenth street,
appeared before Justice Dodge at the JEFFERSON Mar
ket Police Court yesterday morning and preferred
charges Of assault and battery Of 9 grievous nature
against his sister-in-law, Ann J. Shaw. Accompany
ing the parties ocer Coles Of the Twentiet pre-
cinct, who also had IN custody Lahrop's wife, Mary
J. Lathrop, against whom he had 0 similar complaint
to make IN addition to that or interfering with him
In the discharge OF his duties.
From inquiries submitted to Lathrop It was ascer-
taned that he had been very badly used recently by
certain OF the allies or an alleged thef-one Gan'
ney-who has been styled the accomplished Bur-
glar," now In the Tombs on the charge OF burglary
and jail breaking. HIS tribulations began Monday
afternoon when BY directions OF ocers in the case
he repaired to the Court Of General Sessions to sub
init his testimony against Carney. Ascertaining
that the would not be up for trial during the
day he left the court room for his home, but had
hardly gained the street when he was attacked by
ney, who assaulted him IN the most vio.
from them before he was badly manned
Reaching the corner OF Thirty fifth street and Eighth
avenue, ne met Miss Shaw, sister OF his wife, the
latter OF whom as the story runs left him some time
since and accepted a8 her lord and master the
alleged burglar and Jail breaker, Catfaey. This
duiiuDlt WOudu WIS tTineQ Wlbu q uuBe BlIck anu
without word passing between them she dealt
HIM several terrific blows about the head and back.
This assault, witch the dose administered to him
within the shadow OF the Tombs, SO exhausted
Lathrop that he was unable to take his own part.
At this Juncture officer Cole who saw tue assault
hastened to the scene but Ann, discerning his bright
buttons and catching at his idea OF her arrest,
quickly TO her residence near by and took refuge
IN room at the top OF the house. The oficer iol-
lowed, and here for moment he met his match.
Mrs. Lathrop her sister, stood at the top OF steep
night Of stairs, and with the bludgeon Ann had just
used stood ready to defend the pass TO her slsers
hiding place. AS the officer persisted In his design
OF her arrest she suddenly dealt hun severe blow
over the head that sent him rolling to the next land
ing. But her victory was only temporary one, as,
quickly recovering himself the officer again hastened
up stairs and quickly secured both Of the infurated
women, when they were taken to the station house
and locked up Upon these charges the court COM
mitted them for examination.
Lathrop attributes his rather murderOus treat
ment, both at the Tombs and at the hands OF his
sister-inaw, TO the fact simply that he knows some
thing OF the operations OF Gafrney and his willing
ness to testify thereto.
The New York herald., 1869-03-03

THE NEW STOCK ExCHANGE.-The directors of the
National Stock Exchange held q secret meeting yes
terday afternoon at 81 Broad street. ct which, It Is
understood, highly important business was trans
acted, though OF what nature n is impossible to
state.
Mr.. BERGH ON A TouR or ISsPEcTroS.-Mr.
Bergh President OF the Society for the Prevention OF
Cruelty TO Animals, made tour Of the different city
railroad routes yesterday morning, and orcially In
two horses up slippery grade with heavily loaded
car, II persisted in, would be attended with some
personal discomfort to themselves. He will continue
his inspections throughout the week.
FIRE IN PUBLIC scHooI~--A few minutes past
one O'Clock yesterday afternoon re was discovered
In the public school No. ~, on East Forty-second
street. near Third avenue. The flre was caused by
detective 1uc, ana was soon put out, with q small
loss. When the alarm was given the school was in
tons Of the principal and teachers the children
dent.
FATAL BLASTING CAsuALrY.-yames Carroll, forty
years Of age and native OF Ireland, died yesterday
In st. Luke's Hoptal from the eects OF injuries
ceved on Saturday last by the premature explosion
OF blast near the corner OF Sxfyfourth street and
Broadway. Coroner Flynn was notified and will
at Fiftieth street aud Eighth avenue where he has
left widow and i've children.
ArrKMrr TO SHOOT Can CovpucroR.
six and seven O'Clock yesterday morning man CIV
ing MS name as Flynn, while riding car No. 123
Of the Third avenue line became 80 disordery thar
Charles w Genet, the conductor, was obliged to put
him OF. While doing 90 Flynn drew a revolver and
attempted 70 shoot Genet Oflcer Daibeck, Of the
Twenty first precinct who was near the car arrested
Flynn and took him to the Yorkvie Police Court.
where he was committed lor trial In default Of $500
bail
FATALLY CRUSHED BETWEEN CARs.-Coroner
keenan, yesterday held an inquest at No. 1s2 Baxter
street ON tho body Of Martin Golden, whose death
resulted from injuries received by being crushed
between two cars at the New Haven Railroad
depot corner Of Franklin and Elm streets. on Mon.
day last. the testimony showeo enat the company
The New York herald., 1869-03-03
PROBABLE HeMICmE.

A Cnse Of Jealousy Between Colored People
Deadly Assault-Ante Morton Statement
Before C0roner Flynn.
Yesterday afternoon Coroner Flynn was called TO
Bellevue Hospital TO take the ante mortem statement
OF Catharine Tyndale, alias Carter coored woman
about thirty years Of age. upon whom numbering
assault with an axe had been committed BY James
Poole, her dusky lover. Poole s good-looking man
very fond OF dress and fast company. and so was
Kate but he did not wish her TO enjoy the same kind
OF society that entertaining to him. lest she should
be fancied by other darkes and eventually leave him
While she was In bed at hafpast four O'Clock yes
terday morning Poole entered Kate's room and
struck her on the head with an axe and Afterwards
fractured her left arm with a stone which he had
kent in hrs room. Several hours afterwards Poole
entered the room where his wounded mistress lay
weterng In her blood and expressed sorrow for
making the attempt upon her fife and then disap-
pearcd since which time he has not been seen. At
q still later hour the injured woman was discovered
by some acquaintances, who informed the Fifth pre-
clint police and they conveyed her TO the hospital.
Below viii be found her statement
STATEMENT OF cATHARINE CARTER.
married to Enoch Carter; he went 70 the war. and
have not heard from him Tor the past four years;
during that time fmve been cOhabiting with James
Poole he has during the past four years repeatedly
assaulted me- and have been compelled TO send HIM
the Island on three occasions shs last time he
angry with me because ! told him I was
going 70 q dance; I went 10 a dance
house in Iaurcns street and returned home about
hall.past three O'Clock this morning and went to
bed: about an hour after while lay asleep he
came into the room, In what way do not know;
think he knocked on the door or window; he struck
me wfiIe asleep on the head with an axe winch
saw In his haad, and afterwards struck me with n
large stone on the lett arm, breaking III he then
went out: saw hun again about ten O'Clock; ne
came into the room and said he was sorry for strk
ing me ana efs
AZ the conclusion OF the Victims statement the
case was auDmttcd to the Jury who rendered the fol-
lowing
VERDICT.
That Caharine Carter came TO her wounding at
the hands OF James Poole on the "a day OF Narch,
1869. at No. 1853 West Broadway.
There is possibility that she may recover, but at
present her condition 10 reported as being very crit
cal.
Captain Petty and detective Field, Of the Flrsh pre-
cincL are In pursuit Of Poole
The New York herald., 1869-03-03
FIRST DISTRICT CIVIL COURT.
Opinion Interesting to the Coffee Trade.
Before Judge Quinn.

OpluAO0 AutOEcessmk ~ SnC NsAACC AHosA0s
Before Judge Quinn
Cunnfn us. Kane.-h this case, the particulars OF
which were given in the HERALD few days ago.
Judge Quinn delivered the following opinion which
will be found of nterest to the cofee trade generally
a. well as brokers and speculators In that artcle
This action for damages arising out Of sale By
pn ps S he the s
@ Ss .os e .1a Sso cs
whossaie rocers in Park place. Ths plaintiff bought
s ss s q s s.%p :nS y
purchased that used n the s.ls caIh.n Brohsrs ~
% eon@!s:cn merchant and roEsr ana X: BEEN ds.
va. % pure Rio. and the article delivered IN dc
s:a :st D.mr Ss.. ' 3! .ss s Il nass
value IL NE m.sfs. than Rio Mr. Ms:py corroScr.ted
s1s. ::aPs sa :,s5 s.
q
risen ha pound n hs an ms.sss n The % meantime ~
eapsson junk a:slsI WHO pusshssed .Gs u
question in smsi quantities, but from whom ON he does
quality Or The Article dsliSsrsd % sSsm' presented
s s.y d f. ss a.Tss sss s: !: a h
e = As In, S n .cSS q. s
so s e. s 4: va s-
soGss q Ssfsndsns: .spsn:s which d.einsd y
a % sns h e Z: 81: Soa:S
return Gr csr 70 return before he could %.n.n h
the article sold be not equal 70 sampe the ve0doo rely
the warranty and maintain his action for damAgee and the
proper measure of damages z The diGersncs b:wes1 :hs
market value Of When dslyersd With see defect com
Ear Hm ~ z also oonisndsd on The pss Of sns de-
~. that ths sose might have been szannsd By The
hat cam: within Che ruling q the case Of Hsrgous VA
70 s + % u:
referred That The Of exeouory contract
while this executsd II 10 the drawa
refined distnctiona between sxscutoy and
cuted contract There u vast amount Of merchandise
bought sold in this city through BY sample
and u therefore Of the hshe importance thaS good faith
should observsd Otherwise the would
be left wide open. Whore there sale BY sample there
implied wArantss that the bulk Of the article sold
and dsivered shall be equal the sample. This
rule Il well settled, and d founded upon en-
70 insure good faith in mercantile transactions that
should Be ovsrhrown By such slight evidence Of custom
was given In this case No doubt when custom exists
contract IN rsfersncs @ y Here custom s sought 70 Be
packages that Z sold By sample and that the sacks IN this
point The testimony Of nr Punchard which giving I. rs
custom binding on the parties 70 this action
the foregoing views be correct the plaintiff entitled 10
q iudrment
The New York herald., 1869-03-03
Died

ArrHAUsE-suddeuly, on Monday morning. March
I, CARRIE, daughter OF s. Birtsall and Cnrisana q.
Althause, aged years and months.
The relatives and friends OF the family are respect
fully Invited to attend the funeral from the resi-
dence Of her parents, Seventy ninth street. first
house east OF Second avenue, ON Thursday morning,
BALI--At the Everett House, on Tuesday, March
.. JOHN q. BALL. in the 4oth wear OF his age.
His friends aud the members OF sylvan Grove
Lodge, No. 2I5 r. and A. M. and Corintan Chapter,
No l5g, X. A. NJ are requested to attend his funeral
rom tue Everett House on inursny m y, ser -
neld, Mass, for interincnt.
Massachusetts, papers please copy. -.
BRNNErT.-On Tuesday, March =, VICTORIA, infant
daughter OF George and Victoria Bennett.
The friends OF the family are respectfully Invited
20 attend the funeral service at the resaence o her
parents -7s washington street, on Thursday afer-
noon NJ two O'Clock, without further notice.
BRiGGs.-At white Plains, ON Tuesday. March z,
Mrs. MARY BEIs9s, reIiea co. o. tue 'a'e Densa'n'h
Funeral services at the residence OF Mrs. r. D.
searles, on Thursday ate noon. az one o'clock.
BYINGroN.--0n Monday, March l. CoRNkLIA BY
rSaroN, in the sIth year OF her age
The relatives and friends OF the family are respect
fully invited to attend tne funeral lrvm ner laugh.
Thursday afternoon, at one O'Clock.
CArMGx--At south Haven L. J., on Saturday,
February 27, SAMUEL CARHAS In the sist year OF his
The friends OF the family are invited to attend the
funeral rom hts late residence, s "wednesday af
'esS cASAsacn-on Monday, March 1. NEAL CAvA-
The relatives and friends are invited to attend the
funera at his late residence, No. l2l Spring street.
this "wednesday afternoon, at TWO O'Clock, without
further notice.
painful illness. MAnroN, eldest son OF Jacob b. and
ilmina Clark aged 81 years, months and days
1nc relatives and friends Of the deceased are re-
spccfiuly invited TO attend the iuncra on Thurs
day afternoon, at one clock irom the residence OF
his parents, 3Gi seventh street.
DouuLAS-As lrvinston. on the Hudson, on sud
The New York herald., 1869-03-03
COURT or GENERAL SESSIONS
Before Judge Bedford.

Before Judge Bedford.
Assistant District Attorney Tweed appeared for
the prosecution.
John Newell, who was indicted for ielonious as
sault and battery upon Jacob Beckenstos on the "a
OF February, by pointing pistol at him, pleaded
guilty to an assault with intent to do bodily HARM
The complainant interceded for the accused and az
there were mitigating circumstances his Honor sus-
pended Judgment, with tie caution that II he was
ever arrested hewould be sent to the State Prisoa
yoseph McCovem ana William Brown pleaded
guilty to burglary in the second degree the indict
ment charging that on the ed Of February they
SufoiE street. they stole over $500 worth Of cloth
ing and Jewelry. most OF which was recovered.
Judge Bedford, in passing sentence said that Nc
Govern was an ex-cOnvict, and that, as birds OF q
leather mock together 1t was reasonable to conclude
that Brown did not possess good reputation.
and Brown 70 the same institution for period OF
seven years. X.
Edward Sullivan, alias ''Piggy" Brown, alias
''Jim" Meehan pleaded guilty 10 grand larceny:
He was charged with stealing thirty-seven dollars
worth OF liquors. on tine 9Th of January, from the
store Of John Baker, No. $50 Madison street, The City
Judge observed that the prisoner belonged to gang
S % the sa Prson 1 a
months.
ROBBERY.
John CaldOn was placed on trial, charged with
being associated with three young men IN attempt
ing to rob Michael ]. Sweeny, on the evening
'.Cat aey,n in Water street. The complainant was
assaulted by an unknown man, whereupon the
prisoner ran his hand through a pag Of lour which
Sweeny was Carrying. The jury rendered verdict
OF guilty Of assault with intent to rob. Judge Bed
ford said that although the prisoner was young in
years he was old IN crime, being member OF gang
OF thieves who infest sCat aeyn for the purpose OF
robbng people His Honor remarked that he was
going to make an example Of every person legit-
mately convicted. He sent Caldon to the state
prison for five years, that being the highest penalty
AN ACQUITTAL.
Max Brak, who was charged with stealing sixty
dollars from Herman Friedman, at No. 4S6 East
Ninth street. on the 5th Of January, was acquitted
CALENDAR FOR WEDNESDAY.
The People vs. Eliza Johnson, homicide; John Col
Inns, carrying slung shot; Augustus Adshead, big
amy; John Arnold, fel0neou3 assault and battery;
James Martin, attempt at burglary; John Spencer,
obtaining by false pretences; John McQuade, grand
larceny; Hannah Irwin felone0us assault and bat
terry; Samuel Lauenberger, Daniel Mccormick,
Charles Norman, George Smith, grand larceny.
The New York herald., 1869-03-03
COUNT Or COMMON plfAs-rMA TERM.
Wall Street Operations.
Before Judge Brady.

Emerson d Smith Us. Depe,r.-Thc plaintif1s were
stock and commission brokers, carrying on business
in this CITY, and alleged that the 11h OF January
1857 they purchased at the request and risk OF de-
fendan 100 shares OF the capital stock Of the New
York Central Railroad Company, the price OF which
amounted to l11,1l2 60 On the 2eth Of January the
plaintfs sold the shares for tsc sum OF $9,6l4 03.
There were several other transactions TOOK place pc
tween tho parties OF smaller character. Plaintlus
claimed 10 be entitled to one-eiRhth or one per cent
Tor making said purchases and sales, In oil amount
ing TO Ss7d. Tie defendant denied that the plain
tis sold the stock In question with hrs authority,
and submitted that he lost ass by the transactions
The New York herald., 1869-03-03
SUPREME cuuRT-rRAl IERM-pARr l.
The Action for Malicious Prosecution.
Before Judge Barbour.


Letson ps. Cur7iu.-The hearing OF this case was
resumed Yesterday morning. As already stated the
defendant some time since obtained an order OF
arrest against plaintiff. That order, however, was
subsequently set aside. Plaintiff now claimed that
the order upon which he had been arrested was
false, and accordingly brought an action for mali
ci0us prosecution the damages being fixed at 600.
The Jury returned Q verdict for the defendant.
Action Against n Despatch Company.
Before Judge Fitnian.
D. r. Mierson rs. aaron d. Hope.-This was an
action brought to recover the sum OF $500, the
value OF certain goods forwarded by plaintiff through
defendants despatch, but which were not delivered
as per agreement. It appeared that In the month Of
January, 1894, plaintin entrusted TO defendant as
Baltimore, several cases OF merchandise TO be for
warded to New York. On their arrival IN this city
the goods were seized BY the Sheriff ON account OF
two suits against defendant and sold 10 one Weed,
In Philadelphia. PlanuG now sues for the value Of
hts goods The defence alleged that the suits OF
worsey sternberger against the Hope despatch
Company were, in point OF fact brought without any
known reason Whatever, and. accordingly, no
answers had been nlcd. For plaintln, Topping
Dean; for defendant, Ira Shafrer and q. Seward.
The case was NOT concluded.
The New York herald., 1869-03-03
CITY NTELLIGEsCE.

THE WEATHER YBsrBRDAY.-The following record
win show the changes in the temperature for the
past twenty -four hours as indicated BY the thermo-
meter at Hudnuts pharmacy. HERALD Building
Urosawav cornar nj Xnn afrecf.-
The New York herald., 1869-03-03
UNITED STATES mAssaAly OFFICE.
Another Delinquent Pardoue,

John r. wigham, convicted In the United States
Circuit Court OF this district In July 1857 OF embez
cling letters from the Post once and sentenced to
ten years Imprisonment in the Albany Penltentiary
has been pardoned by the President. United States
Marshal Murray yesterday morning received the
order Tor the release OF Wigham.
The New York herald., 1869-03-03
MARRIAGES AND DEATHS.
Married.

MEAD-woRDEN.-0n Monday, February %, by
Rev. Charles T. Harris, LEWIS w. MEAD, OF Rich
mond Va. 10 JULIET NJ, daughter Of the late Ed
ward worden, OF this city.
TrLLMAN-DXoS.--On Tuesday, March 2 ct the
residence OF the brides parents, BY the Rev. Henry
Ward Beecher SAMUEL d. TILLMAN, OF New York. to
Miss FRANCES H., daughter Of Joseph Dixon, OF
Jersey City.
vofGr-RIErFEI--0n Saturday February ~, by
the Rev. Dr. Staudtemayer at the residence OF the
BRIDES parents, Mr.. THE0D0RE voIGr to CLARA
Youngest daughter OF Augustus Rleffel, n. ID.
The New York herald., 1869-03-03

The defendant set up counter-caim Of So 500 which
became due to niln, as be alleged by . paintins
emitting to sell CO., shares OF the Cleveland and Pitts
burg Railway Company stock upon his directions.
For plainans Martin 4 Smith Tor defendant K.
Townsend.
Verdict Tor the plaintiff In the full amount claimed