davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-14
MASlaE COuRI.
What Constitutes the Delivery Of NIcrci,nn.
disc.

What Constitutes the Delivery Of Mcrci,nn.
disc.
Before Judge Gross.
Larson Us Ddg1'Oau.-The plaintiff, commission
merchant, sold cargo Of brick to the defendant o
dealer in building materials, to be delivered at foot
Of Forty-seventh street, North river. In pursuance
Of this arrangement the plaintiff directed the cap
tain or the schooner containing the brick to 60 up
there with his vessel. On arriving the captain re-
ported to the defendant, but was requested by him
to whom he had agreed to deliver BRICK which the
captain undertook to do, but 1t seems through
misunderstanding they were landed farther up the
river Upon the conclusion OF the case defendants
counsel moved for q dismissal OF the complaint on
the ground Of non-devery, the evidence beng that
1t was customary FOR the captain Of the vessel 70
load the brick.
In passing upon the question raised the Court
said:"l shall hold that the defendant by giving
directions to the captain exercised acts OF owner
nership over the cargo OF brich and that from the
moment ne directed the captain to deliver the brick
al l30h street they were under his control, the
person acting acted as the agent Of the defendant.
shall hold that there was constructive delivery.
II the defendant did not desire to take the brick he
had in his power on their arrival at Fortyseventh
then he would have been clear the contract, IL not
being IN writing; but having authorized the captain
to take this brick TO certain place, the captain
under his control, and l hold IL to have been
delivery sufficient 20 take the case out OF the statute
OF ifau6s.'
The Court then charged,t the jury, and verdcl was
returned for the plaintiff
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-14
POLICE lSTELLIsEyGEs

ROBBED or HIS MoSEY.--James Rogers, Of 1928
Atlantic street, Brooklyn preferred a complaint
before Justice Dodge, at Jefferson Market yesterday.
against o nymph named Adelaide Freeman, cnarg-
lug her with stealing 500 from him while in d
baanio on Greene street on Tuesday night. she
denied the charge but was committed, In default OF
81, 500 ball. TO answer at the General sessions.
ALLEGED THEFT OF CLoTHING.-A man named
Henry. Darwin was arralgned yesterday before Jus.
tice Shandley charged with stealing material for
nineteen pairs OF pantaloons, valued at eighty dol
lars, the property OF John Duschmer, OF 2g7 Third
street. Darwin was foreman OF tho c0mpainants
establishment, and upon his arrest acknowledged
taking the property-claiming however, that he did
80 for tho purpose OF making up the pantai0ons.
Held TO answer.
THEFT or KERosESE.-On Monday Mr.. Close, Of
No. Chatham square, placed some barrels Of kero-
sene on the sidewalk outside OF hts store. Edward
DEUCE, o young man, was passing that way, and
the temptation TO take possession OF one OF these by
rolling 1t OF was too great, and he yielded TO ".
vnx-evcd ofIcer OF the law, John Lennox, OF the
Sixth precinct found him In possession OF 1t, and
"aiss'us tiiat no had pot come W II hoaosty Took
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-14

him 6cd the kerosene into custody ne was taken
before Judge Bowling yesterday, az the Tombs. aud
committed 70 answer.
The TWENTIETH WARD RoBBRRY.-Detective
Brce Of the Twentieth precinct yesterday arraigned
the two young men. named Joseph White and
Michael Kavanagh, before Justice Dodge. OF Jefrer.
son Market who are charged with assauting Mrs.
Evene Keys. OF No. 324 West Twentieth street. on
Eighth avenue. near Thirtyirs street, on Tuesday
morning and robblng her OF gold chain valued at
$3.50, an account OF which appeared In the HERALD
OF yesterday. They stated they had nothing to say
In reference to the charge, and were committed
without bail to answer
BURGLARY IN A FARO BANK.-On the night OF the
Goth OF September last the gambling hell situated on
the second floor OF No. TO Broadway, under the pro-
prietorship OF John Nyes burglariousiy entered,
the door forced open with jlmmys and number
OF ivory checks, valued OF S400, stolen therefr0m.
On Tuesday afternoon last Detective Reilly dscOv.
cred the property IN the possession OF diamond
brokern named Berry. doing business at 676 Broad
way. The latter stated that he had purchased them
from an itincrant ped,cr, who was also FOUND by
Detective Reilly, and who stated that he had pur-
chased them from "diamOnd br0kern named John
Br0ndon who does business at TOP Broadway. Bron-
don stated that he purchased them from man
named L. Howard. whom he knew nothing aoout
for $780, and had sold them to the peder for $l25.
From the fact that Brondon could give no satisac-
tory explanation OF how tine property came into his
possession he was arraigned before Justice Dodge
ut the Jefferson Market yesterday afternoon ana
rcmanded until ten O'Clock this morning.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-14
REAL ESTATE uATrERi.
Projected BUILDINGS.


The following plans OF projected buildings hayc
been submitted to the Superintendent OF Public
Buildings for approval during the week ending Octo-
Der 49,
49, 49,
Dor lone 4 story brick dwelling o . 10th av, so n
W of 65th st owner, John Dorshsll
One story brick stable 2lsl st. 100 10th av owner
Jones.
One story brick and tenement, 45s of sst 81;
owner, ] Stewart.
story brick tenement, 10 Corneia ner George
w Mcpherson.
One brick dwelling l55h ST. 100 # of 10th ay; owner,
G Stoddart
ooT sTwo story brick, brown stone 'front.' l27h st.
900 # 9th owners James Meagher and fhos
Ones story brick store and tenement, cor LIST
117th st owner, Jeremiah Leamy.
One story brick store and tenement 109h st. 100
OF I'd av; owner Maurice Dillon.
QCr 9-One4 story brick, brown front, I25th st
l25 70 OF 9Th av; owner, Luther Baldwin.
One story brick, treestone 'front.' Is Walker ST.
Jones.
Five story brick brown fronts . 6lst
and Lexington owner, Ohm McCool.
Der I1Onc story brick dwelling 876th st. 200 n OF
LIST owner, Charlotte W oodsworth
Csrtin.
Four story brick store and tenemens 10th st. $50 II
of Az B.; owner Seeger.
OoT 2-1hree story frame and corrugated dwellings,
624 6z3 aud b2S West S4th ST. owner, John Cody.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-14
EnO0XLYN INTELLIGENCE.

THE SACKErr STREET BOULEy ARD.-Seyeral prop.
erty owners whose lands have been taken for the
Sackett street boulevard object tQhe report OF the
commissioners IN matter Of awards. Yesterday
afternoon the commissioners met and received
aifidavits from those who claim TO have been
unfairly dealt with.
BURGLARIEs.-Twol liquor stores at Nos 4S and 50
Fulton street wero burglarlously entered on Tues.
day night and robbed OF o quantity OF cigars and
liquors.
The residence OF Benjamin Stewart, No. 20 Chapel
street, was burgarousy entered on Tuesday night
and robbed Of seventy dollars In bills and currency.
BODY OF A WOMAN IDENTIFIED.-The body OF o
woman found floating IN the water at the foot or
Jay street yesterday morning. identified as THAI
OF Mrs. Mary Ann Moore, who had been missing
from the residence OF hor brother, No. 1877 Hilary
street. since Monday last, when she started to 60 70
New York to do some shopping. verdict of found
drowned was rendered by the Cor0ner's jury.
A ViRAGo IN A JUSTICES C0URT.-Ofllcer Bolton.
Of the Forty ninth precinct. arrested q woman
named Ellen Boyle yesterday, on charge OF assault
ing her neighbour Mrs. Mary Gallagher. When taken
before Justice Lynch she made the Judge believe
tnat she was justified and she was tnereup0n dts
charged. Before leaving the court, however, her
temper got the better Of her Judgment and she made
furious assault on the complainant. The Justice
then sentenced heritO six months imprisonment In
the peultouJlary.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-14
Su0at ne C0UaT-CaAMasaS
Ramon IS. I.atorre Discharged Under the

Ramon s. Latorre Discharged Under the
Sii,weil Act-Opinion Of Jadge Clerkc.
In ne Matter Of The Petition or Ramon s. LatO,Te
20 be Discharged iron, custody.-Thc particulars OF
this case have already been FULLY reported In the
HERALD. Judge Cierke has rendered the follow.
ing opinion In the matter:-I have doubt that the
petitioner raudulently contracted the debt respect
ing winch this action against him has been brought.
But tue question which have TO consider In this
application s, has he now any property rights OF
action which lie Iraudulenty conceals and which he
uDlusty refuses TO apply To the payment or any
judgment that mas been or may be rendered against
him. do not think that there positive, reliable test
mony contained In the examination submitted 10 me
TO show convncingy that he poss esses or has con.
trol over any other property or rights In action
which lie has not disclosed In his petition. 1t is
very natural, undoubtedly 70 suspect that q man
capable OF contracting debt iraudulenty IL also
capable OF concealing his property for the purpose
OF avoiding the application OF that property TO the
Payment OF the debt. To JUSTIFY, however the per.
petual imprisonment OF the petitioner, something
more than suspicion IL necessary. There must be
circumstantal or positive proof OF the alsehood OF
the allegations In respect TO his property lie has
now been twenty months in Jail. If he wthholds or
has disposed or his property SO as to retain IL Tor
himself, instead OF applying 1t TO the satisfaction OF
his debts he deserves to be incarcerated until he
shall do so. But the testimony does not sufficiently
convince me that he has any property left-at least
doubt whether he has, and | must give him the
benefit OF the doubt. ! therefore decide that he
shall be discharged, as the act OF 1881 provides.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-14
BOARD OF HEALTH.


1t QuaIis Before the Fat Meters.
This body sat yesterday mainly for the considera.
ton of chicken slaughterng ana fat melting. dis
cussion was had on tho proprlety OF allowing the
slaughter Of the nnocents at No. 1850 Reade street.
but as the members could not agree the subject was
referred to superintendent Harris FOR his report A
number OF Kerosene dealers asked 10 be relieved
from prosecution for selling poor oils and they were
accommodated. The same leniency was extended
to other vi0latOrs OF the law.
Alter some discussion as to the prOpriety Of &C.
cOmmOdatng the fat boilers and other nuisance
q resolution which was adopted, reads a. follows,
and Is incomprehensible!-
Resolved That the prohibition Of fat boiling after the 18th
instant no, extend TO who shall apply for permit
previous I'D instant until the action the Board on
such application.
The Board then adjourned.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-14

avenue track. The trial took place before Judge
Mcneil on the 18th OF March, 1867 and resulted Ia
verdict or 1000 in favor OF the paintir. motion
new trial upon the case 80 settled and upon atnda-
Wits. which motion was granted, and from the order
OF Judge Jones the present appeal was brought.
the evening" one person being killed and several
injured. among the latter the plaintiff, whose back
was 40 seriously injured as to preclude her from
earning her living as she had previously done. IL
admitted that at the time OF the collision the
Third avenue car was going at an unusual rate OF
speed while 1t was not contended that the Harlem
car was being impelled at rapid rate. 1t was also
undIsputed that by the uniform practice OF the
drivers and conductors or both railroads the Har-
lem Company being the older had the right OF way
The Court took the papers aud reserved their
decision.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-14

GREAT STORMS IN THE LAST CESTuRY.--The great
storms OF past times lar exceed any OF those OF the
present century. The storm which occurred in
England November 20 and ~, 1908, was called the
'.lrcat sLofm,p as 1t was one OF the
terrible that most ever ragged there. The dcvas.
tation on land immense, and on the
coast and In the harDors the loss In shipping
and In lives still greater The loss In London alone
was estimated at G2 000, 900. Eight thousand per-
sons were thought TO be drowned In the
floods on English rivers and on the COAST
Twelve men-oi-war, with more than 1900 men on
board, were lost within sight Of land. In the county
OF Kent 1900 trees were torn up. Multltuaes OF
cattle were destroyed; In one level which YVES
Hooded l5, 600 sheep wero drowned. IL was uurlpy
this terrific gale that tho Eddystone lRhthonse was
carried away Ana its ingenious invoptor and MS
associates p9fshed.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-14
BROOKLYN CITY.
THE COURTS.
KINGS COUNTY COURT Of OYER AND IeansEa

The Grow Hill idc-Comvictiou Tor Man.
slaughter.
Before Judge Gilbert.
Tho trial OF Francis Drake, the colored man. for
the murder OF william Fitzpatrick ct Grow uil. In
June last was concluded yesterday afternoon.
hardly be held to be unsuitable homicide OF the
prisoner II the prisoner went out OF hts
nss When hs nana e s1 with the
ton on his part. That was pretty important point
and one Tor the jury TO determine before rendering
verdlct. They were also to determine whether the
night was over when Bradshaw was pulled or
him and that the subsequent shooting was done in
III OF rage after the pistol had been handed to him
by his wife or somebody else. II they believed that
the pistol was so handed to him and he fired 1t while
slaughter. and not OF murder. they must determines
whether the man was actuated by q design to tako
the llie Of Fitzpatrlck which would be case OF
murder, or II done In the heat OF passion IL might
be case OF manslaughter or OF unsuitable homi-
eide. u was pretty important to determine
ARRAY occurred and the medical testimony tndi-
Gated that direction OF the wound was inward ana
what the witnesses had testified to In regard to tho
position OF the parties. All the different views were
Honor then defined what constituted ms lussiaaoe
homicide and IN tnat connection stated that II any
reasonable person took NE to preserve himself
nom immediate danger that would be justiflab0
homicide
After an absence Of an hour the jury returned to
the court and rendered their verdict. finding him
guilty OF mansaughtcr In The third degree aud re-
Commencing MIN to the mercy OF the Court. lie
was then remandod for sentence
Forgery and False Prctences.
Joseph W. Mgnault, alias william O. Rathbone,
was tried for forgery and false pretences. In July
last the prisoner obtained 1854 worth OF furniture
from Mr.. John Wood, OF No. 1855 Fulton street, and
gave as security six $500 Cumberland Coal bonds.
These were subsequently ascertained to be worth
less The prisoner then went to the store OF Mr..
Latimere IN Atlantic street. near CLINTON, and pro-
vailed upon that gentleman TO let him have $224
worth Of carpets giving security mortgage on the
furniture obtained FROM WOOD, and also on tho
carpets. He then got loan OF $3.50 on the furniture
from q man named Leopold, and the latter had
81 senu New orr e ST
August the prisoner purchased, anOher os q fur
amounting TO s424 lie gave Mr.. Boyle three OF the
Cumberland Coal bonds III payment Az these goods
were being delivered ut No 1913 Sands street
the prisoner was arrested py detectives ydeto and
Folk, who had been IN search OF him for
some time. He was found guilty on 9
charge OF false pretences for which no was SEN
fenced to two years In the Kings County PenlScn.
tary. He was also convicted Tor forgery. on which
he was sentenced to four years and SIX months in
the pcniteQt,ary.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-14
SUPERIOR c0uHT-Sptcisl Teaa.
Breach Of Promise Case.


Before Judge Jones.
Catidrine Ghers'tn pS. John Fi0fe.--This was .
motion open the inquest taken against the defend
ant for $500 for breach OF promise OF marriage.
The court denied the motion on the ground that no
showed 40 nertorlous defence.
Decisions Rendered.
BY Judge Jones'
John A. Weeks %. Thomas L0pe.-MOtion granted,
without costs.
First National Bank of Louisville Us. James Broe1-
head.-Motion granted on payment OF ten dollars
costs, with liberty to plaintiff to discontinue within
twenty days without costs.
Philip Speed Us. James Brondhe1d Motion
granted on payment OF ten dollars COSTS with leave
TO plaintiT to discontinue within twenty days on
payment Of costs.
J. Henry Tsorp as. Charles x. Bradford ct al
Motion granted, without costs.
John H. Walker ct al. Us. George f. Nissan, i'm
pleaded.-MOtl0n granted.
Thomas OOu1n Us. Alexander Muir Ell al. Same.
James B. ThOT.p u.s. Charles N. Bradford ct al
Motion granted. without costs.
Abraham LOrenheinl Ell al. VS. Ei,cdrd VOL.
Sohn.-M0tion granted.
oscar XOW et al. Us. And''etD c. Rust. Same.
CttttdT'ile C!ierEtR rs. John Ildtte.-MotiOn de.
MED with ten dollars costs, with liberty to renew on
fpayment OF said COSTS
q. Si,a0isS CT al. S. laurence et dl.-MOtiOn
granted without COSTS
Harrison 4. Johnston US. Augustus L. TiOmas.--
Motion granted, and bail reduced to 5000.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-14
ted tina. she was arrested three times but was never

convicted.
Richard McMekin was tried and convicted OF for.
gerry IN tneifourth degree, he having, on the 18TH OF
August presented an order TO the clerk OF Charles
lngraham, purportng to have been drawn by X.
Taggart upon which he obtained fifty pounds OF
solder. The accused said that another man gave
him the order. He was remanded for the purpose
OF furnishing the Court with evidence OF previous
good character.
The following is the calendar for to-day:-The
People Va Josephine Wall, fel0nious assault and
James Stewart, do; Same vs.. Joseph Eichman and
samuel Gutterman, do; Same vs.. David Jones, do;
same w. John Gleason, receiving stolen goods;
Bridget Garry, do; Same vs. Matthias Timber ana
William Munich. do: Same Vs. Henry O'Bren, bur.
giary Same vs.. Frank Adams robbery.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-14
UNITED STATES COMMISSIONERS COURT.
Alleged Bounty Frauds.

Alleged Bounty Frauds.
Before Commissioner Shields,
The United States az. John S. BltSs.-The hearln
Of this case in which the defendant is charged viii
defrauding soldiers and widows out OF their pen
si0ns, was resumed yesterday mornng.
Thomas Meehan testified that ne was member Oh
Company c, sXty-ninth regiment, n !. Y. Aitel
leaving the service he applied 20 the drm Of Brown
Co. TO procure his pension; saw tue uelehualt,
Captain Mills and Others ms case was u ,osl
discharge one Brown co.'s place was az NO.
229 Broadway called for nus money about two
months after making MS claim, when was ten
dered IN September isSs; cou.a . NOT ges cnance
had not been paid; subsequently ascettained that
1t had been pad; saw BisS IN Connecticut,
who told him Brown had the money; Bliss after
wards informed HIM that ne had tile money, but
would not pay 1t because he would have to pay
many more; saw him at Greenport, where Bliss
offered MIN (wltness $50 If he would be done with
It; did not pay It, was subsequently recommend to
Mr.. Taylor, of Danbury, who endeasorod to get the
money from Bliss but the latter refused TO pay IT,
In cross examination inc witness stated that Bliss
told him that Brown had the money; never autho-
rlzed TAYLOR to get the mones or SEND y 70 nim.
The case was then adjourned I'LL FRIDAY next the
defendant being neld under bail
Alleged Revenue Frauds.
TIE United States rs. +. Cutt1aaR q Co.-The de-
PENDANTS were charged In deiraudlng the government
In placing false brands on tobacco cases. Charles
A. Ehrenberg testified that in the month OF October,
1866, he was employed by !. Cullman Co.. tobacco
manufactures In WILLIAMSBURG from OCTOBER, 1906,
to Aprii, 1867, nearly every d9y he saw Callman Il
Lppman placing inspectors brands on barrels and
packages and shipping SAID packages; that said
brands were false and forged; that he saw Cuilman
d Lppman removing from the factory tobacco on
which no brand was affixed to u place other than
bonded warehouse; that Cnlnan Il Lippman, In
June 1867, started tobacco factory in First street,
Williamsburg, under the name OF Buckner Co., the
firm beng composed of Cullman, Lppman, Monday
d Buckner; that from June, 1867, 10 June, 1868,
deponent saw the persons mentioned falsely brand
and remove tobacco to other than bondea ware
house.
The defendants were hed under $1,000 each to
await examination on saturday next
Alleged Post Office Defnicaiion.
The United States Us. Charles 5est.-The defend.
ant was charged with having, on the ed Of March
last, wiuy secreted and embezzled a certain letter
containing an article OF value. The defendant was
arrested at Hudson where he was employed. ana
appeared on bench warrant before Commissioner
Shields who held him under -, 800 bal 10 await his
trial.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-14
SUPREME CDuRT--SpsClal TERRA.

The Suits Against the Gold Exchange Bnnls-
Movement 20 Have lnjunctious Dissolved.
Before Judge Cardozo.
Henry " Smith, Henry II. Martin, jay could
ami James II. Bac1e Us. Townsend COR, fn1irtdudtv
a,td President OF the Ne,D FORK Gotd En-.
change ana Others.-In this case the court granted
order requiring the plaintiffs IN the above action
to show cause on the third Monday OF October,
Instant why the several inunct1Ong granted on the
10Th OF September against the defendants should not
be dissolved like order was made by Justice Car
dozo In the two suits OF the Hesers against the
defendants to dissolve the injunctions granted by
Judge Cerke on the I'd OF october.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-14
SUPERIOR CoyaT-TaIAt IEaM-pAaT l.
A Caution to Drivers-S1,J00 Damages for
Being Ran Over.

n CuuUon 10 OrtVors-PJ,OOO DauaSes ior
Being Ran Over.
Before Chef Justice Barbour ana Jury
Daniel Bolton ps. Ed,rard BAXTER Ell alt appears
that in the month Of March, 1863 the plaintiff was
crossing Second avenue. near Fourth street. and
while doing was struck, and in attempting TO save
himself was dragged several yards by the wagon OF
the defendant sustaining fracture or three ribs,
resulting III his detention nom labor eight weeks
and damaging Elm 10 the alleged amount OF s. 900.
The defendant sought to examine his adversary,
the plaintiff as witness when, objection being made
that plaintln had already been examined before
trial. the court excluded the testimony, holding that
under section 200 OF the Code power Is given 70
party to examine his adversary either before or
during trial. but not both. and that an examination
having been had before the trial none could be had
trial. The jury rendered verdict Ia favor oil tile
plaintiff. assessing the damages at $1,000
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-14
COURT OF APPEALS.
Liability Of Railway Companies for Injury by
Nuisance.
Before the fun Court.

Before the full Court.
AfNS Us. Ne,c York ana Harlem Railroad COM
pany.-This action was brought to recover damages
for the loss of number OF horses occasioned by the
defendants permitting their horses, when infected
with the disease known .'glanders- TO come In
contact with the stables of the plaintiff. where his
horses were Kept. Upon the trial the jury returned
verdict 1or the planti, assessing the damages at
5000. The case was appealed to the general term
OF the Superior Court, and that affirmed the
verdict. The defendants appealed to The Court of
Appeals where 1t again ordered, reliance being
placed chiefly upon analogous English authorities
the case being the first wBica had been brought for
such an injury IN the courts OF TINS country. The
Court OF Appeas affirmed me iuds nen OF the court
below, with cosIs.