davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1869-04-20
the BOARD OF EXCISE.

The Board OF Excise met yesterday afternoon,
Judge Boswoith the President, in the CHAIR
william Back, who resides In Graham avenue,
Brooklyn, was charged with selling liquor sun
day. the 2sth OF March, The complainants, officers,
testified that they got into the barroom through u
private apartment and asked the defendant for
beer which was given to them and which they
drank.
Commissioner Brennan wanted to know II one OF
the complanants was positive that what he had
drank was beer or ale.
The aforesaid complainant declined to be POSI-
tive.
drank WAS malt liquor.
The complanant replied that the "stuG7' was
malt. .
Commissioner Brennan expressed himself willing
to be informed as TO how the oicer knew there was
The officer ntmated that he was not an expert in
liuuor tasting. SO he could not be certain AZ to
whether there was malt IN the the LIQUID or not:
drink but remarked that they drank two glasses OF
ale each before they arrested him.
one OF the officers being recalled, said that he
thought that the ''stuir' lager that he drank.
Commissioner stone remarked that the case snoald
a man 70 violate the law In order to arrest him for
the violation. Their action was against the sptrlt
and letter OF the law. The license was not revoked.
Oiicer johnson charged that Herman Brewlca, oi
No. 337 Rivington stree5 had his store nefectually
ciOsedn on Sunday, the 2,th ulr; that there were
several persons in the barroom ana lager In a pitch
er on the counter. The complainant denied that
beer and lager were ordinarily called cider
DAYS. The license was revoked.
Albert Hines No. 666 Eleventh avenue, was charged
with dlsposing Of beer Sunday, the 4th inst. An
officer SAID he saw ale given out to several persons
In the place. one defendant indignantly denied
taat lie gave out ale. Didn't he act square With the
officer? Ot course he did. Didn't he 'pee goot' to
HIM give him good cigar, which wasn't smoked
before. "Vy," SAID he, III vos zieten town IN my
blaze NIT und frena ven de hofilcers coined in. Dey
shakes hands INIT me- and dey says how do you bese?
/ says 'britty war; Day asks me for zder,
md I gives 'em vat dey wants. but dey
no drinks lem. You want TO knows how many
dimes I's been 'eres VEL my license was removed
yonce and Mr.. Acton imself v0s here and he said |
vos de honestest man vat v0s In de room; ven
cond anoder dimes nod,ngs vOs done wid me.
zells oats, nails and PIES, and no liquor on
Soondaysr The defendants cloqaence failed TO save
him and the license was revoked.
Peter Magerus, Of Johnson street, Brooklyn was
charged with dispensing OF liquor to an officer on
the 4th inst. The license was revoked.
Nicholas Young 445 Canal street, was charged
with dispensing liquor on sunday tue tlta inst
The complainant, an officer, testl1ed tnat MI Young
gave him glass OF ale, for which lie received pay.
Tue ueenee was revoked.
The New York herald., 1869-04-20
,g or rug HEaaLp:-

TO THE EDITOR OF THE HERALD
In your editorial OF to-day referring to nv
lecture OF last evening you say:"iie ltac lecturcrl
believes that should L. tie Coanciil abrogatc ths
temporal power OF the Pope the Church In its
poverty will only be stronger to perform its high
functions As this would attribute to me senti.
ments which | neither entertain nor visa to bt
thought TO entertain, ask you the favor to correcs
the statement The only passages in the lecture that
could have given rise 10 the Misrepresentation were
the following. IN oac place [ sAii:-'sThc Church
almost everywhere stripped OF earthly posses
sions and temporal pree min sncs-the very tnou9nt
OF making any effort 70 regain them abandoned. she
will be occupied with wat more immediately re-
Qarls the nourishIn.nt OF CHRISTIAN me- Wa'c she
had abandanco OF temporal goods she kncw taey
duty to guard them sni faithfully % administer
them. But they were not absolutely necessary lor
her end, and Ii In poverty ner powers Dc IN soms
respects more limited they may nave more rceuo'
and with freedom more encrgyN
In another place sall:-"Ihe COurch has been able
10 i've and to labor IN every cOnitl)a ., soseey,
but she signs and ~ willing 20 sacrIce hn y. ay
tnsng else that 1t IS lawful Tor nsr u ytcttso' h
the purpose OF securing freedom slc uas
secure this--h sne could secure eyeryWher, .ne
free tom sne enjoys here--shc \" tult u,tuos1
without n ;rl, ses herself deprNei, however un-
Justly, OF any other temporal ,s,
nrivilegea which the ChurcA possessed at one til3
In many countries ana not % we te npOth power OF
tle Pope whica all sincere Oashohcs Dsusve nece5-
snrv not on account OF the rche5 or civll preenl-
@ >, M tIaG ACCOMPANY 1t. but FOR tn, sake Of the
r..,, ,c,,, ,j fudspcalencc which, as the world IS
now c5nsiituted, would scarcely exist aud be mani
iess ynyilln. to be misunderstood on this inn
,oy.anf SUBJECT, | ask the favor of Inserting thes3
rv4asi NJ UCUNNOR, =. J..
UJtLEeg or ST. FRANCIS XAVIER, New YORK.
The New York herald., 1869-04-20
MUNICIPAL AFFAIRS.
LQASD Of kLpEhNsN.

The Board met yesterday afternoon pursuant to
adjournment, with the President Alderman
Conan, in the chair. large number OF
papers were introduced ana laid over or re-
ferred to the appropriate committees Among others
resolution directing that the street lamps on the
lower part OF Centre street. near the Park, be re-
moved from the sidewalk ana placed inside the rail-
ing OF the City Hall Park large number OF resolu
tons We're adopted directing chiefly the ayi ing OF gas
and Croton mains in the various streets up town
aud the regulating aud grading Of certain others.
resolution to pay Henry NJ. Garvm, Michael Meehan,
Jacob Seebacher ana Miclaei j. Msloney 81 900 eaca
for extra services was lost, reconsdered and iaid
over $40 were donated TO the Eiglty-fourth street
PRESBYTERIAN church. Resolutions were adopted
directing that Little Twelfth street, from Tenth 10
Eleventh avenue; Twelfth street. from Fifth to sixth
avenue; fiiW'sixth street, from Elghth to Niath
avenue; Forty-liith street, from Second avenue 10
the East river and l2!th street. irom Third to Fourth
avenue. be paved with Belgian pavement. ihe
ordinance in relation to velocipedes was referred 70
the Committee on ordinances. and the Board,
affected no doubt by the .arlnih OF the weather
adjourned without entering on more labor nlfh
Monday next, 26th instant, at two Il. NJ.
The New York herald., 1869-04-20
COURT CALENDAaS-Tiiis DAY.

SUPREME CouRr-GENERAL TERM.-Enumerated
Motions.Nos 49, 49, so, 100 10l, 102 103, 104, l05,
los lo7, 1os loo ITO, ILL., H. 49, ia, 1iS 1ie, H.
lis, 1i9, l20, 121.
sine die.
SpEcIAL TEaM.-Demurrers.- "a, rs, 80. Is
sus Of law and ,ac-Nos l79, 329 27e, 1885, 279, S2,
334, 342, A7, 36j, y3.
CHAMBEgs.Nos a. 3s, 49, 4s, 90, 80, 81, 81, 81, ",
100, 102, 1O6, 100, no. Gail III.
SuPERI0R CoURr-TRIAL LTEaM.--Part 1.-Nos. 351,
723 T4T S13 $780, 273 $50, 853 $685. s57, s59 3g0 4U9
s47, 4o5. Part 2.-Nos geo, $50 20, az, ooo short
Causes.-Nos. 1413, 1,5l0, 1,49s LAC III, 1,444,
1852 1896, ,436 1,5o4, Las, 1874, 172J, 15l6.
n ARISB CoURT-TRiAL TERa.--Nos. 2lI0, 2115.
224e 279 23O2 1855, 1892 241S, 24l9, 420 2457,
2454 2475 2477 1904 25o5, 5oe 25o7, 2,50s. $500,
25lo, 2,Jll, 2,5i2 2,Slj, 2,5li 25l5 2,5i6 2,5i7,
2,51s.
COURT or GENERAL sEssIoys.-Before Cunning $.
Bedford, Jr., CITY Judge.-Ihe People vs.. George
Whitfield Chandler, bigamy; Same va. Louis Baccio,
rape; same VS. Ell Burnett, forgery; Same vs. Fran-
cis Bradley attempt at burglary; Same vs. James
Martin attempt at burglary; same vs.. James McCon.
neil and John Roach alias Johnny the Creek"
grand larceny from the person same vs. Henry
Just grand larceny; Same va. Patrick Riley, grand
larceny: same Va. Thomas Smith and Patrick Welsh,
grand larceny; same vs. John Anthon, bigainy.
The New York herald., 1869-04-20
hsYM's lEfIcs.

The License Bureau, at the Mayors Office, was
comparatively quiet yesterday. The complaints
were few OF very slight import and easily settled.
There we're several additional anldavlts entered
AGAINST the establishment at No. University place.
and Marshal rooger was Kept employed In signing
license certificates according to an order recently
issued by Mayor Han, the FIRST Marshal must sign
the certificates himself.
The Bureau oi Licenses, In the basement Of the
Hall A. being fitted up In a manner which VIII be
found Co accord more with the dignity OF the olcs
and nj the sane time oiIcr much better accom- nola-
tons for the employees OF the office, as well as those
who have occasion TO tran nsact business there. The
place which was formerly occupied by the uncouth
and uncomfortable desk has been replaced by desk
fitted up In regular counting house style, which
plves much more room for all parties and tends 10
make the appearance Of tae Bureau more impres.
sive.
LIGHTNING FROM TuE WEST.
Yesterday morning the following (the first tele-
graphic despatch ever seut from Nevada) was re-
ceved anu responded to by Mayor Hail.
HANfLToS. New, April l6. 1859.
Hon. A. OAKrY HAIL. Mayor OF New York;
rhe citizens OF Hamilton offer words of greeting upon the
compeon OF the Telegraph lines 70 this city ana express tue
hope that they may soon be connected by rail-
4. s. HYMAN, President Board OF Trustees.
p. g. HyuAN, Esp., President Board Of fristccs:-- 4
Struck by your ghtnny tho metropolis hopes soon tohc
pushed by The metropolis congrNtua'es Hai
every highway connecting practically Al, and Europe
AMI 20 open which the dream OF the eenth aud six
teeulh centuries.
a. oAKEY HALL, Mayor of New York.
The New York herald., 1869-04-20
ees4D OF ASSISTANT kLDsaIdEn.

The Board met yesterday, the President, Mr.. Mon
aghan, presiding.
TAXING COMMERCIAL TRAVELLERS.
A preamble and resolution were presented setting
forth that several OF the States citizens OF the
STATE OF New York, when passing through those
states commercial travellers, were compelled 10
take out license, and the opinion OF the Corpora
ton Counsel was asked to whether such taxation
Is in accordance with the constitution The resolu-
ton adopted and Immediately sent TO the otnef
Board for concurrence.
OPENING OF MADISON AVENUE.
A communication was received from the Corpora
ton Counsel stating that the report OF the C0nms-
sioners OF Assessments in favor or opening Madison
avenue from Eightysixta to l20h street on the lst
Of May was confirmed
THE STRIKE on THE SECOND AVENUE RAIDRoAp.
preamble and resolutions respecting the strike
on the Second Avenue Railroad were onered. Iie
subjoined resolution was referred to the Committee
Resolved, That the frequent occurrence of the
stoppage OF city travel from parsilnony or eX-
treine exaction OF service rom empioyes, as , rs
road Company at the present time. calls Tor prompt
action on tue part OF the city authorities IN accord
mon Council shall direct as to the running OF the
cars and any other matter connected with the regu-
'"'''A - '"'N RENuGssarNa Hit AVENUES.
The Board concurred with the Aldermen en-, III direct,
ing the Street Commissioner to have ali the avenues
REMEMBERED where not already done.
DONATIONS.
The following resolution was adopted
Resolved That the Comptroller be, AMI ha Is hereby,
directed his in favor e. A.
Sage treasurer the Dutch church In Washington
for the 81 143 donation to assessment for
Church extension and paving Washington place,
S% ns?AdE sS to snrer'
one OF the of the Thirteenth street Presbyterian
church. for $aUs, Donation to assess
for Church exenon also, In favor Of Francis
L. Waker secretary the Board of Trustees OF the Second
Reformed church In West Eleventh street, for
the sum of Si40 donation TO pay assessment for
Douglas of the Board Of Trustees OF the United
Presbyterian church in Charles street. for the sum OF
$l6 donation to pay FOR Church street ex
tension also in favor of William Spelman, pastor OF the
Abysnian Baptist church, in waverey place for the sum OF
$l2 donation to assessment for Church street ex
tension in favor Of j. Mott President OF the Board
for the of $12s donation to pay assessment for the
the account of donations" or other
propriate account.
The sum OF $645 was also donated to William Eve.
rett pastor OF the Roman Catholic church In second
avenue, to enable him to pay an assessment fol
paving Second avenue.
Arcsouton was adopted that the pay Of the In
spectors Of sewers in the CrOtOn Aqueduct Depart.
ment increased from four to five dollars per day.
The Croton Aqueduct Department was directed to
have lI7th street, from Fourth avenuc to Harlem
river, paved with Belgian pavement.
The New York herald., 1869-04-20
POLICE TRIALS.

Judge Bosworth yesterday heard evidence in the
following complaints against officers Of the police
fOrce:-
jeremiah Hayes, First precinct, absence from re-
serve duty, one days fine; John Mckenzie, Forty
eighth, of post, three days. pay; Thomas Irving,
Forty -thrd falling to take prisoner to court two
days. pays william Fackner, Twelfth, failing to dis
cover burglary, complaint dismissed; Michael
Sheehan, Twelfth, or post, two days. pay; p. P.
Whittier, Twenty second leaving his post before re-
ninth or post, one days pay; Matthew Camp
bell, Twenty-seventh, of post, In q private
ONCE, complaint dismissed; b. Brady Twentieth.
falling to be found on post, two charges, two days.
pay; Thomas Hill, 10th, sitting upon boiler, COM
plalnt dismissed; Joha Brown 9th, not found on
post nve days. pay; Patrick Ciownes, 9th, Oh post
A lengthy hearing was had in the case OF Captain
Cafirey, Of the Fifteenth precinct charged by Sr-
Gated man Frederick Holls) on the 9Th of April with
q broken arm, and falling to give him proper medt
The superintendent explained that the charge
was made upon information given in q news
for 70 cot the OF b
that about eleven Y. NJ. on the 6th roundsman
Randall and officer vought brought the man into toe
station house. HIS was cut, ana after locking
him up the Captain sent surgeon to examine his In
Juries When locked up he did not complain OF
sore arm, and chung tenaciously with both hands to
the railing ln the morning, when the cell was open,
he informed the doorman that his arm was broken,
yet the doorman failed to report it 10 the Sergeant
Uoweryl at the desk. The man was taken 10 Jefier-
son Market, discharged, tnen TO the st. Clair
house. where the arm was dressed for compound
dsoeat,on of Of the joni; tue man was nj, then len
generation In the cell. The evidence entirely ex-
oneratcd Captain Caffrey OF wilful neglect but estao
lished the fact that his doorman dsregart the
condition of the deceased and failed to report II,
and Captain Caffrey owes it to himself and the pub
hc TO place the negligent doornlan upon trial for
gross neglect Of dury. The case was referred TO the
board.
The New York herald., 1869-04-20
THIsD DISTRICT CIVIL COURT.
Gold vs.. Paper.
before Judge Smith,

DelOre JuuSc
He,arv A. Mitchell rs. Julius Matter ana Julius
Haxen.-This was an action brought by the painfln,
who is o purser on board one Of the Pacific Mail
steamship Company's ships, against the defendants,
who are gold and bullion brokers' doing business at
No. wall street. to fifty dollars. The de oene
esse testimony Of the paintiT was read In evidence,
from which 1t appeared that or about the 15tn OF
February 1885, he sold to the defendants about $3.50
In gold for whcn he received It's value In currency,
consisting of four bills OF the denomination OF fifty
dollars each and the rest in smaller ones. Three
OF the fifty dollar notes were national bank
notes. and the fourth greenback. ON the same day
he paid these Identical four bills to CAPTAIN u.
Campbell as part Of his salary, when one OF them
was found TO be counterfeit +. a. Bressier, clerk
in the employ OF the defendants, was sworn on
behalf OF the plantin, and testified that the bill In
question land which was now produced) was coun-
terfet. Defendants counsel moved for dismissal,
on the ground that too long time had elapsed since
the alleged giving OF the bill three daysl
aud on the further ground that the plaintlf
had failed TO make out proper case. Tne Court de-
MED the motion, and the witness, Brcsser, further
testified on benaif of the defendants that on the
plaintiff presenting to him the gold coin In question,
he sent to the Bank OF the Republic and got lot OF
large bills out OF which he paid the plantn three
hundred ana odd dollars for the gold IN question,
and that on the Thursday following the plaintiff re-
turned with tbe 1fty dollar bill In suit and requested
him TO exchange It, which lie declined TO do Judg-
ment for plaintiff for fifty dollars damages and
twelve dollars Costs
The New York herald., 1869-04-20

Average temperature yesteIuay.; o.a
Aycragc temperature corresponding day lastyr. sSis
Average temperature on sunday. e2I
Average temperature corresponding day lasty'r. 81
FOUND DEAp.-Jacob Zem, German, was found
dead in bed at his residence No. 1os Forsyth street,
Coroner Flynn was notified to hold an inquest.
STABBED ON HIS CAR.--At half-past twelve yester-
day morning Jonn Harmon, conductor on the ave-
nue. line, was cut on the face with knife in the
hands of an unknown man, who left the car corner
OF Thrly-sixth street ana first avenue ana made
his escape.
THE CoNJuNcTIoS OF MARs.-On this Tuesday)
evening" at fourteen minutes after eight O'Clock, the
moon will be two degrees south Of the planet Mars.
on May ls near the same pcrlod the first quarter OF
the moon, Mars will be extremely near our satellite
and but about onenfteenth OF the moons diameter
trom It,
DEATH or AN OPIUM EATER.-Annie Rogers, taken
to Bellevue Hospital on saturday by offlcer Wall. OF
the Eighth precinct from 107 Beecker street, a.
heretofore published In the HERALD has since died.
Al the time Of being admitted TO the hospital Annie
The New York herald., 1869-04-20
THE BOARD OF HEALYd.

Tie Board Of Health met yesterday afternoon,
President Geo. d. Lincoln In the cliair.
special report was read concerning the boats Of
Lister Bros, which yug nc the pier foot Of West
Thirty.eghth street, In which the boats were pro-
nolnced nuisance, inasmtch as they are always
fun Of rendering material that Il never disinfecte
Commissioner Lincoln stated that the Lister Bros
had three months ago promised to put covers on
their boats, but that they had failed 10 fua their
promise. fhe report was referred 10 the Attorney.
Dr. Morean Norris Assistant Sanitary Supern-
tendent reported that FIst avenue. between Forty.
fifth aud forty-seventh streets. - la condition
DANGEROUS to the public health, the street being
paved, unsewcred and full Of garbage anl refuse.
The houses along thc avenue are tcnemenG houses,
containing from eight to twenty families each ana
the doctor believes that all epidemic might at any
time make great heaiway IN sGch houses once 1t
had broken out The matter was referred 10 tue en-
gineer.
An inspector made report on the suosoil drain
age III Ninety second anf Nnety-iourr' streets, near
natural water course In tne neighborhood,
which IL used as sors OF sewer lor
all the refuse matter from thc various
houses. The water course has been stopped By the
illing IN oi Of the streets and the Consequence
Is stagnant pool that gives forth very nOlsome
odors. Referred TO the engineer.
An anonymous communication was received In
which the writer complained tlat the stencil from
the Metropolitan Gas Works "ali the evening last
sunday was iutolerable la the extreme In certain
parts OF the city. On motion OF Commissioner Man
ierrc four special inspectors were appointed 70
uaiy, they 20 report 20 the Board the existence OF
every nuisance proceeding from ths WORKS ina they
may discover.
petition was received requesting the Board 20
take action IN the matter OF tae sunken lots IN
bounded by Firth and Fourth avenues and sixty-nltn
and Flfiy-ninth streets. The petitioners, properly
holders In the vicinity, state that the lots are Inl o
water and that the sewers are Twelve feet nlshe,
than the s,agnant water. The subject was relerrSa
TO the counsel tnat he might draw UP an oruer W "
Issued by the Board In regard 10 the matter nrt..,
Ff.yfve cellars, on an average occupisu nt ~
10 lgers each were ordered TO ne ceasei vu. ,,,o
A carpenter employed by the owner o. Vic ,oue
mcnt 50d Ninth avenue 10 put Nentnas@yn ~ ,nord -
M the building according TO the orief o. .e & M ~
Health sent in communication sIatias I'M. 'no
desired projection TO prosecute the work. Referred
to the Board OF Police. - :. A.. -. r,...- =, ,.,
street bstwecu second aud Third avenues, were
cnmn]aned of as nuisances. Referred to the Super.
| intendent. - 80, -
The New York herald., 1869-04-20
SUPREME CeuaT-cHAMS:Rs.

TIE Seventh Regimcnt-Arrest Of n Mcn,ber
for Nen.paynsent Of a Fine-He is Dig
charged.
IN the Matter of s. Z. H. Warl, Jf.-Mr. Ward.
who is member OF the Seventh regiment, National
Guard, was arrested by 8. r. Pnckney, marshal Of
the regiment, for nonpayment of a fine imposed by
court martial. Mr. Ward claimed That he was fined
improperly and refused payment upon that ground:
Immediately upon his arrest he obtained writ OF
habeas corpus from Judge Cardozo, he alleging that
the laws governing the National Guard OF TINS State
do not in any case authorize the marshal TO execute
a warrant Tor the collection OF fines by taking the
body OF the delinquent; and that even If they do
they are unconstitutional, because III conflict with
the State constitution In tDat they deprive HIM Of his
liberty without trial by ury MIR. Ward was dis
charged Dy the court.
The New York herald., 1869-04-20

ferred the subject OF modifying the order IN re.
gard to cattle driving in the streets reported certain
notifications.
Commissioner Stone moved that the Police Conn
miss0ners he requested, wlensser there Is break
age OF cattle train, to gralt special permits to
drive the cattle through any stSeer.
Judge Bosworth remarked that no matter what
recommendations the Police Commissioners saw nt
to make In the matter, and al long as there were
fixed ordinances on the subject, the SupcrfntendenC
OF Police would do Just as he pleased. When that per
son was absent from the :ity lately there was ne
trouble lin cases or breaAage OF trains) about the
driving OF cattle through certain streets not allowed
to be used by the drivers; but as long as he ID IN the
city the ordinances would be enforced in his peculiar
way. The subject was referred back TO the Sanitary
Committee,
The New York herald., 1869-04-20
NEW YORK HERALD TUESDAY SHEET

way, for the purpose OF devsing some means
OF defeating the bill OF Senator Michael
Norton, now before the Legislature at Albany,
and which contemplates taking possession OF
the piers and bukheacs on West street, from
Pattery place 20 Hammond street, without allowing
the OF the property any compensation there
Tor. After the interchange OF ideas In conversa-
Souhmayd should draw up remonstrance to be
placed In the hands OF committee VINO are 70 pro-
coed to Albany soon as possible aud lay IL before
the Governor by which means the property owners
interested think the Executive VIII become coll
vnced OF the unconstltutonaity of the act In qaes-
ton, and, should it pass the Senate, would De led
to return II WI tn his veto
The New York herald., 1869-04-20

dorsed thereon ''unsatisnedn was read to you.
Thereupon the Surrogate makes his order that the
inestOn gave and which was signed by the other de-
fendants From the whole history Of the case, gentle
men, your sympathies. no doubt, are with the TWO
unfortunate defendants that have been innocenuy
brought into this suit. However that may be, you
must not allow your feelings or sympathy 70 in-
nuence your verdict in the slightest degree; you
are satisfied that the two defendants signed the
bond IN question. You are sworn TO discharge your
duty honestly and faithfully, and that oatn you must
obey no matter on whom the hardships may ia.
The Jury after short deberation, returned
verdict for the plaintiffs in the full amount.
The New York herald., 1869-04-20
ElREIsa sclEaIIflC nlIEs.

The library. containing about 1000 volumes and
the collection OF objects OF art belonging 10 the late
eminent French lawyer Berger are advertised Tor
sac In Paris on April lj
The Turin Journals mention the recent Heath In
that city OF the celebrated engineer and machnfst
Pietro Paleocapa, VINO has occupied most promi.
neat position In respect to all the public works con-
structed during late years In Italy. lie was eighty
of