davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-09
COURT OF APPEALS.


Appeal on Gn Old suit for Money.
Samuel r. Butte,cOrth Us. James Gould-The
facts OF this appear to be that in 1897 Peter
b. stark he'd contract for carrying the mails from
Jackson to Columbus at the rate OF So 625 per quar-
ter He sold half his contract to Butterwortn That
sale was duly registered with the past quarter, and
In December 1889, he sold the other half to him. on
this last transaction Butterworth took the precau-
ton to send notice to the POST once In his own and
Starks name TO pay no drafts unless drawn by
them Jointly in Butterworihs handwriting.
On the 10th Of March, 1870, before the
next quarterly payment became due, Stark
gave Gould an order Tor S2,s62 90 for debt con-
tracted for damages, &C., more than year before
Gould presented this draft, and, after some dispute
with the auditor Of the Post ONCE the Post Office De-
partment paid Gould this and the next quarter out
OF the hall which the face OF their books appeared
to belong Stark In 1876 this action commenced
against Gould on the theory that the money be-
longed to Butterworth The form OF the action was
for money had and received to plaiptli's use, and
tue court below non suited the plaintif. The prin-
cipal law question argued IN the case was whether
the legal presumption OF promise to repay where
one receives money belonging to another Is abso-
lutte In all cases or ceases where as in this cose the
money Is lawfully received under circumstances fur
nlshing direct contradiction to any such promise
either expressed or implied. Decision reserved.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-09
MUNICIPAL AFFAIRS.
Baial of Aldermen.

This Board met yesterday, pursuant TO adjourn
ment, with the President, Alderman Conan, IN the
char. 4 large number OF papers were introduced,
among others one containing preamble and resolu-
lions regard TO the fact that, owing to necessary
elections nil vacancies In the judiciary and also in
the city and county oces, for the purpose OF filling
unexplred terms, the ordinary form of ballot pre-
scrtbed bs law would be incomplete and calling on
the Counsel to the Corporation TO report to the
Board the proper form or ballot to be used for the
Judiciary and .City and County," The resolution
was adopted and the paper sent TO the other Board
for concurrence. An invitation received from
the officers OF the Cuban Junta to attend the cee-
braon OF the declaration OF Cuban Independence at
Cooper Institute on Monday evcning next was
accepted. The general orders were then taken up
and resolutions and ordinances were adopted pro-
viding as iollows:-Paving Fifteenth street, from
Broadway 10 Seventh avenue; constructing side-
seventh street. from Third to Fifth avenue; paving
Forty-seventh and Forty-eghth streets, from Madi-
son avenue TO Fifth avenue. With Belgian pavement
also Foriy-sacond street, from Madison TO Lexing-
ton avenue; Tor constructing sewers Second ave-
nue., from sixteenth To Twenty-third street, Sixty
fifth street. from Fourth To Lexington avenue; In
10th street and Tenth avenue and other contiguous
streets; ior laying Croton and gas mains IN several
streets aud for regulating and grading and setting
curb aud gutter stones IN large number Of streets
III the upper END OF the Island. resolution to
increase tile salary OF the First Marshal In the
Mayors oGlce was lost and then Reconstructed and
Ia III over.
The BOARD s,llourned TIL Monday next at two p. M.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-09

but he felt 1t 10 be his duty to vindicaie
the prosecuting authorities and the Court. Ee
claimed that even on the testimony given by Ora
ham II was q question whether II was not proven
that Marley had some part IN the robbery.
Recorder Hackett In his charge TO the jury. said
that the offence for which the prisoner was being
tried was unfortunately not uncommon In tnis ciry.
and II presented but the ordinary circumstances
attendant upon offences OF like character. The
accused was to he convicted II convicted ut all upon
the statement made by the complainant. His Honor
then read extracts from the testimony furnished BY
the stenograpAer OF the court, and said II was the
duty or the jury 10 consider the mental condition OF
the complainant at the time OF the occurrence. He
further charged the jury that II they believed that
the prisoner aided or assisted IN the robbery, no
matter how slight the force ana violence used, and
although he did not take the money. they should
convict him. IN conclusion, his Honor said that n
reasonable doubt listed In their minds growing
out OF the testimony Of Graham Il was their bounden
duty 10 give II 10 the accused no matter VINO ne was
or what his character might be.
The JurJ retired at ten minutes past three O'Clock.
and alter an absence OF three quarters OF an hour
they returned with verdict or mot guiiy.n
Narley was Immediately surrounded by an army or
ofice-nolders who tnrongec the court roDm during
4
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-09
SUPREME lOUaT-caAMa:as

Before Judge Cardozo.

Before Judge Card0Z0.
Bank or British North america Us. James O. King
ct aL-Motion granted, but proceedings to be stayed,
&c.
Carleton rs. Cdfletoi,.-Motion granted.
Mars rs. T0ike,ti,tO Ell di.-Same.
C0rtct,a, de-, Us. Hdy1cood-Motion granted with
OUT costs, on defendant STIMULATING not to sue.
Watson rs. Blanchard et di.-Motion TO change
place OF trial granted Motion for receiver denied
No costa
MdIle,s rs. Allen Lushee ct aL-Motion denied.
Mlchner, de-, u.s. Observation-Disclosures ordered
to ascertain the facts upon the motion.
In the matter OF the habeds corpus Or Wit,fdna Bar
ter.-Memoranda for counsel.
Freak H0Ohe Us. Observation-Disclosures wanted.
HallOiun ys. Hal ct dl.-MOtiOn granted without
costs
Monsoon rs. Pope Ell dt-Motion denied on the
ground Of laches. No cosls.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-09
NEW YORK CITY.
TIE COURTS.
>~-~-e~<~~
~<~>-~c~~~~-~~~
UNITED STATES CtklMIsS,OA:aS C0J,T.
An Alleged Bounty Syyina,cr.
Before Commissioners Shields.

The U,dteG states u.s. John s. Niss.-Defendant,
as is alleged, was q member Of the late firm of l..
Brown 81 Co., claim agents. He was arrested yes
terday on a charge of collecting 500 bounty for
Thomas Meehan, 293 First avenue, who was, during
the war, private In company G, SiXty-ninth re.i-
ment or New York volunteers, and apprOprlallng 1t
to his own use. lie was also charged with forging
the signature OF Meehan. He was held In default or
g, 600 to await IN examination on Tuesday next.
A Letter Carrier Held on a Charge of Ernbez.
element.
TIE United States Us. Le,cis Cgdpnnn.-Defend-
ant Is letter carrier and arrested several days
ago on charge OF absracting postal order from a
letter directed to Mrs. Ernestne Hoffman, OF Hester
street. and Offering TO surrender 1t for seventy
dollars. the only points OF interest beyond what
was then published, which came out on the trial,
that Mrs. Holman is soldiers widow and Chap
man member 0f the Grand Army OF the Republic.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-09
SUPERIOR C0uaT--TaAl TEam-pAaT l.
Pineapples that had the Black Rot-Brcnch of
Warranty.

Warranty.
Before Chief Justice Barbour and Jury.
Joseph Eneos rs. Ward Wheeler. caleb s. Merritt
ana anthony &o,c-1his was an action for the
recovery OF $3.50 H. the price Of 3238 plneapples.
which the complainant alleges were sold to defend
ants by the plaintiff. At the time OF sale plaintiff
warranted the pincappes sound, and said they
would keep for a week. They. however, were found
to be unsound three days after the purchase and
delivery. The defence set up was, that there was a
breach OF warranty. and that on the uns0uudness
OF the pineappies having been discovered the con-
tract was rescinded and the pineapples shipped TO
Philadelphia, by order OF the plaintin.
Judge Barbour said that the representation thai
s'they would keep weear did not amount to war
ranty In law.
Alter good deal OF conflicting testimony az TO
whether the fruit was sent to Pniladolphia by the
painti or the defendants, the case as given TO the
Jury, who rendered verdict Tor plantin Tor tue u
amount.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-09
CITY ISTELLEGEycE.

THE WEATHER YEsrERDAY.-fhe following record
VIII snow the changes in the temperature for the
past tw entyfour hours In comparison with the
responding day OF last year. indicated by the ther
mometer at Hudnurs pharmacy, nEKALD Building,
broadway. corner OF Ann stieeL.-
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-09
sUpas NE CoUHT--CHAKoEaS.
Argument of the Geld Injunction Cases.
Ralnre 1udUa Cardozo

Before Judge Cardozo.
smith, Heise7. Palmer, Enos aud Wizard Us. The
Neao FORK cold Exchange and The Ne,c York Stock
EGohange.-The argument of counsel in these cases
was to have commenced at noon yesterday, but was
postponed by consent TO Tuesday next, on which
day Mr. Clarence seward Will argue behalf OF the
Gold Exchange, and Mr.. marbury Tor the Stock Ex-
change.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-09
SUPERIOR CouaT-spEClAL TERM.
Justification Of Bail.

Leland Berch as. Jonathan H. Honc-Judge
McCunn has delivered the following opinion In this
case:--Upon an examination Of the papers I'm this
case ma that Justice Friedman has already passed
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-09

upon the suf1ciency OF the suretics offered by the
defendant This - matter OF law, precludcs me
from entertaining the present motion II, however
upon examination the bail liz found to be worthless
or that q fraud has been practised upon the court
or that the bail has become insolvent since Its nrst
Justification then might order other balls but such
does not appear before me- AT present the justiica
ton, as allowed by Judge Friedman. must stand,
but without prejudice to renew upon further aif1da
above ed
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-09
Decision Rendered.
BY Judge Jones.

Ed,oard Bro,cn ct al. rs. george II. Hasson.--
Motion granted.
Henry Roberts u.s. John Baird ct al.-Motion
granted.
John ). Byolandt rs. George San0ey.-Motion
denied.
In the Matter 0fchdries J. O'Nefu 10 be discharged
from custody on Hadeds Corpus.-Prisoner
Iemanded.
Emmett Blair ps. George W. Dtntle 60 al-Motion
granted ana cause referred.
Cha7tes +. Gftrnor US. Edtrdrd BeleU.-Motion
granted.
Az. Ltcenddl Us. Thomas II. Gdyaor.-Same.
BY Judge Mcneil.
VTli III. TdtandDe Ell al. Us. george L. NeDi1ls ct
al.-Case settled and aled IN Clerks Office.
by Judge Friedman
Aciyttelettd Iceicltel cs. John OlrdRg-Aotion
granted.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-09
PRIVATE PALACES.

Elegant Mansions on Fifth Avenue-The
Avenue as . Promenade and velocl.
pede Hall-Rapid Improvement
Splendid Architecture-Luxu.
rance Of the Million.
Understandings, Sta
tuary, Brown Stone
and Marble.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-09

Average temperature yeslefday. .62
Average temperature for corresponding date last
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-09

World.
THE WHITE MARBLE MANSION OF MRS. MASON
situated at the corner OF Fifty street and Fifth
avenue is one OF those structures which VIII always
attract marked attention as q unique specimen OF
architecture. For about two years this edilce has
been undergone erection, and the thousands who
DAILY pass this point foot and with eegant equi
pages nave wondered as 10 tho ownership OF such q
singular yet costly residence This house IL the
81 MRS hrs Nor sss ana ore
widow OF the late president OF the Chemical Bank.
Mr., Jones, once the fortunate head Of the richest
banking house in the Union-hat IL, relatively the
richest In the value OF It's stock, and institution
which wihstood 10 many financial crashes and mas
Vcny Of p street two Of which fell to
By Fiy.seyenth street. Fifiy.sghth street,
erected a handsome block OF houses, en-
tlrey OF westchcster marble. Standing, as
they DO, against background OF brown stone aud
brick as the observer passes up the avenue the effect
they produce upon the oye ia very pleasing. They
break that dark monotony, which Is TOO preya ent 10
give more palatlal air to the surroundings which
in themselves are elegant. Mrs Jones has Just
aud Is now engaged In completing the
details OF furnishing and drapng. The main
,a %s asS.. with q ne ro ecP on
some hing or the English basement plan. The parl0r
floor Is the second one and here the ceilings attain
ceilings correspond in height with those OF the first.
These facts can be noted from the external sppoar-
ance OF the house. Such an arrangement Oi course!
IL unlike anything IN the city, and ID very bold
conception OF tho architect Mr.. Meot That he has
executed 1t with success Is very generally admitted
1t Is something novel and crediable to see sharp
deviation from tho beaten tracks Of construction.
and n nothing highly artistic y produced interest
served In Mrs. jones' mansion. Ihe STYLE a. near
a. 1t can be classified, IL OF the Froissart-Pre-
mier school, and Is one much in use in Gcrmsny
the tower, which - . truncatea pyramid, trimmed
with marble scroll work ana handsomely slated,
rises to considerable height above the main build.
ing ana caps its base with outlines which, II they
have been greatly criticised yet constitute the finest
feature OF the mansion. The extraordinary beauty
OF the marble, the high finish OF tho ornAmontation,
the stately proportions OF the windows tho high ele
walton OF the roof and the skilful treatment of the
general design are all prominent at glance They
all together, and each severally typical OF the
FontainDeau order, upon which, to more or less
extent, this house has evidently been modelled
The main portion has much OF the beauty and STABILITY
OF the Federal Palace at Bsrnc Switzerland without
its plain finish and great extent Walnut binds
nnely executed arc disclosed behind the large
plato glass In the Windows and, together with the
green lawn upon which the bsse Of ths mspsiop
The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1869-04-03
Partition Snge.

u NJ. ABNEY, Tutor, rs heirs of e. D.
Is and NJ A Ivey. Fer Partition. BY
virtue of writ of sale issued from the Hon.
Parish Court, of the parish of Bossier and
State of Louisiana, and to me directed,
viii proceed to sell st public auction, to the
last and highest bidder, at the Court Hease
door,in the town of Bellevue, within the
legal hours of sale, on Saturday, the Sd iay
of April, 1869, the following described
lands, to-wits
The northwest quarter of section nine
teen and west half of southwest quarter
and southeast quarter of southwest quarter
of section nineteen, and west half of north
west quarter of section thirty in township
eighteen of range ten; and north east quar-
ter of sec. %, and N E quarter of southeast
quarter of section twenty-five. township
eighteen of range eleven, lying in Bossier
parish, Louisiana, and containing, In all,
Five Hundred and Sixty Acres, more or less.
Said lands sold to effect a Partition
Terms of sale-One fourth Cash, the bal
ance in one, two and three equal annual in
stallments. Purchaser to give note for the
credit portion of the purchase price in such
proportions as will be made known on day
of sale, with two good and solvent securi-
ties, bearing eight per cent per annnm in
terest from day of sale, with special mort
gage and vendors lien retained on the land
sold. Cost of deed and revenue stamp at
expense of purchaser.
w. Fl. HILL, Sheriff.
& ex-Officio Auctioncer
March 9Th, 1859. 30ds
The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1869-04-03

u The Bonham News of the
18th ult., says: A few days since
Mrs VIM. M. Woods, of this city
discovered a large centipede snug
ly ensconsed in the cradle beside
her sleeping infant. With re-
markable presence of mind she
elected the monster from his COM
Portable quarters with a table
knife, which she happened to be
using at the time.
On Friday week DR.. George
Fl. Walker, after a protracted and
painful illness, died at Galveston.
DIR. Walker was a graduate of
Trinity College, Dublin, resided
for many in Bossier parish, Loui-
siana, and had been living in Gal
weston about a year.
The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1869-04-03
sWOMtt6OM.

R. w. TURNER, In District Court.
ErpGrte { Parish of Bossier. La.
Whereas, R. w TURNER has applied to
w me for monition and has petitiened
the Judge of the Tenth Judicial District
Court of Louisiana, holding sessions in and
for the Parish of Bossier, to confirm and
homologate the sale made by William II.
Hill, Sheriff of Parish of Bossier, to him on
the sixth day of March, A D.. 1869, of the
following described land, to-wit:
The southeast quarter of the southwest
quarter, the northeast quarter of southwest
quarter, the southwest quarter of northeast
quarter and the northwest quarter of south
east quarter of section thirty-four, and
southwest quarter of southeast quarter, the
southeast quarter of southwest quarter and
the northeast quarter of southwest quarter
of section thirty, of township twenty-five,
of range thirteen, of North West La con-
tanning eighty acres, and bought for the
price of one hundred and six 50 100 dollars,
which sale was made by virtue of two f. fas.
issued out of said Court in the cases respee-
lively of A. g. Nalle VS.. Paulina Pickett, ct
al, No. 1865, and r. s. Welham vs.. Paulina
Pickett, ct al, No 1866.
Now, therefore, in the name of the State
of Louisiana, this is to cite and admonish
all persons, particularly Paulina Pickett,
defendant, who can set up any right to said
land in consequence of the infOrmality in
the orders, DEGREES or judgments of the
Court under which the sale was made or any
irregularity or illegality in the appraise-
ments and advertisements, in time and
manner of sale or for any other defect what
soever, to show cause within thirty days
from the day this mOnition is first inserted
in the public papers why the sale SO made
should not be confirmed and homologated.
Witness my official signature and seal of
office, at Bellevue, this 5Oth March, 1869.
T. n BRADEN,
ap3, 5ts Clerk 10th Dist Court.
The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1869-04-03
sKEO2aikiOM.

NATHAN W SENTELL, In District Court,
ETp0rte, BOssier parish, La.
Whereas, NATHAN w. SENTELL has
w applied to me for Mention and has
petitioned the Judge of the Tenth Judicial
District Court of Louisiana, holding ses
siOns in and for the parish of Bossier, to
confirm and homologate the sale made by
to him on the 9th day of February, A. d !,
1869, of the following described land, TO wit:
The northeast quarter of northeast quar-
ter southeast quarter of northeast quarter,
southwest quarter of northeast quarter,
northwest quarter of southeast quarter.
southeast quarter ofnorthwest quarter, and
southwest quarter of northwest quarter, all
in section thirty, township twenty-five,
range thirteen; containing Two Hundred
and Forty Acres, more or less, and bought
for the price of two hundred dollars-ca sh,
which sale was made by virtue of two f.
faS. issued out of said Court in the cases
respectively of A. G. Nalle VS. Paulina Pick
EFT, ct al. No. 1865, and r. S. Welham vs.
Paulina Pickett, ct al, No. 1866.
Now, therefore, in the name of the State
of Louisiana, this is to cite and admonish
all persons, particularly Paulina Pickett.
defendant, who can set up any right to said
land in consequence of the informality in
the orders DEGREES or judgments of the
Court under which the sale was made or
any irregularity or illegality in the appraise
ments and advertisements, IN time and man.
ner of sale or for any other defect, whatso-
ever, to show cause within thirty days from
the day this monition is first issued in the
public papers why the sale so made should
not be confirmed and homologated.
Witness nv official signature and seal of
office at Bellevue, this Both March, 1869.
T. n BRADEN,
ap3, SITS, SIS. Clerk 10th Dist. Court.
The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1869-04-03
aWllMifiNaa.

w H; scAsLAND } In District Court.
Erparte. Bossier parish, La.
Whereas, W H. Scanland has applied to
me for monition and has petitfoned the
Judge of the Tenth judicial Dittrict Court,
holding sessions in and for the parish of
Bossier to confirm and hOmOlogate the sale
made by William H. Hill, Sheriff of the pa
IRISH of Bossier, to him on the sixth day of
March, A. D., 1869, of the following described
land, to-wit:
The southwest quarter of the southwest
quarter of section twenty-five, the south
east quarter of the southeast quarter of sec
ton nineteen and the northwest quarter of
the northeast quarter and the north east
quarter of the northwest quarter and the
northwest quarter of the northwest quarter
of section thirty, of township twenty two
of range thirteen of North West La; con
tanning two hundred acres and bought for
the price of thirty three and 20-l0O dollars,
which sale was made by virtue of two fl fas
lively of A. G.. Male VS.. Paulina Pickett, ct
al, No. 1865, and r. S. Welham vs. Paulina
Pickett, ct al, No 1866
Now, therefore, in the name of the State
of Louisiana, this is to cite and admonish
all persons who can set up any right to said
land, and particularly Mrs. Paulna Pickett,
in consequence of informality in the orders,
DEGREES or judgments of the Court Under
which the sale was made or am irregularity
or illegality IN the appraisements and adj
vertisements in time and manner of sale, or
for any other defect whatsoever, TO show
cause within thirty days from the day this
mOniti0n is first inserted in the public
papers, why the sale SO made should not be
confirmed and homologated
Witness my official signature and seal of
Office at Bellevue, this Both March, A. D., 1869
T. N. BRADEN,
ap3 5ts Clerk 10th Dist. Court.
The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1869-04-03
Succession Notice.

Succession of Samuel Harrison, deceased.
STATE OF LOUISIANA, r. por;., co,,u+
Parish of Bossier. In rariSn court
Notice is hereby given that Eliza W.
IN Wooley, Administrative of the Success
sion of Samuel Harrison, deceased, has this
day fled in the office of said Court, her
final account as administrative aforesaid.
Now, therefore, this is to admonish all
persons concerned, that if opposition is not
made thereto within the time prescribed by
law, the said account will be hOmologated
and made the judgment of the court
Given under my hand and seal of office,
at Bellevue, this the 22d day of March,
A. ID. 1869.
L. W. BAKER,
tnh29 3ts, pfS6 Parish Judge.